Deal reached in county lawsuit | The settlement over secret meetings calls for repayment of attorneys’ fees but no acknowledgment of wrongdoing

Deal reached in county lawsuit | The settlement over secret meetings calls for repayment of attorneys’ fees but no acknowledgment of wrongdoing

Deal reached in county lawsuit

The settlement over secret meetings calls for repayment of attorneys’ fees but no acknowledgment of wrongdoing

By Matt Cooper

The Register-Guard

Published: Today

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The Lane County Board of Commissioners on Friday reached a tentative settlement with plaintiffs in a closely watched lawsuit in which a Coos County judge ruled that the board broke state law late in 2009 by meeting secretly to create positions for part-time assistants.

U.S. District Court Judge Michael Hogan made the announcement at the federal courthouse in Eugene following an all-day, closed-door mediation that he and retired Lane Circuit Judge Lyle Velure conducted with all parties.

If the agreement is approved by Coos County Circuit Judge Michael Gillespie, it could put to rest a suit that has cost the county hundreds of thousands of dollars in legal expenses while tarnishing the reputations of Commissioners Rob Handy and Pete Sorenson, both singled out by Gillespie for illegal conduct.

Gillespie ruled in January that Handy and Sorenson willfully violated Oregon public meetings law by meeting privately with a board majority to line up votes to add the support positions to the budget in 2009.

Legal observers said Gillespie’s decision broke new ground regarding use of e-mail as a public meeting, quorums of a public body and serial one-on-one meetings. The suit was brought last year by former commissioner Eleanor “Ellie” Dumdi and retired Eugene business owner Ed Anderson.

Under the terms of the potential settlement:

There would be a declaration that the county violated public meetings law on or around Dec. 9, 2009, in approving five part-time positions for assistants. Gillespie has already ruled that the violation took place during that time.

The county would pay the plaintiffs $350,000 in attorneys’ fees and upon receipt of that money, the plaintiffs would donate $75,000 to county public safety services.

Handy and Sorenson would each pay the county $20,000 in attorneys’ fees over the next three years. The county has spent more than $340,000 on lawyers and other legal costs defending Handy and Sorenson. Gillespie’s ruling stated plaintiffs were entitled to be paid their attorneys’ fees, although he didn’t specify which defendants were to repay them; he also said that Handy and Sorenson were personally liable for the county’s attorneys’ fees up to the amount spent by the county for their defense.

Handy and Sorenson would be prohibited from violating the law through May 2012.

The finding of “willful” misconduct by Handy and Sorenson would be removed.

All claims for and against former Commissioner Bill Fleenor would be dismissed.

No party would admit any fault, liability or wrongdoing.

Minutes before Hogan made his announcement, Commissioners Faye Stewart, Jay Bozievich and Sid Leiken approved the proposed settlement in a conference room at the courthouse, with Handy and Sorenson excused due to their personal involvement in the proceedings.

All parties are not to comment until Gillespie has signed the settlement, which could occur in the coming days, Hogan said in a press conference following the talks.

Hogan said the agreement would preclude the possibility of appeals and additional attorneys’ fees. He indicated that Gillespie had been made aware of the potential settlement and had not raised concerns.

“This agreement … is certainly in the highest ideal of public service,” Hogan said. “Everyone here has taken the high road. I know taxpayers like myself will appreciate (the commissioners) have resolved this matter.”