A judge sided with Wasco County Tuesday and effectively dismissed a lawsuit by Chip Wood claiming the county improperly withdrew from the health district.
However, the door has been left open for the possibility of adding new complaints to the suit related to other allegations of open meeting law violations.
Hood River County Circuit Court Judge Karen Ostrye ruled the lawsuit was moot because Wasco County already rescinded its decision to withdraw from the North Central Public Health District.
The commission voted last Dec. 17 to leave the health district. Wood filed suit, saying the matter was not listed on the meeting agenda and was therefore an unlawful decision.
The commission in February rescinded its vote.
Ostrye also declined to grant a sanction Wood sought against Wasco County, in which he alleged county commissioners Scott Hege, Steve Kramer and Rod Runyon were instructed by their attorney to not answer over 300 questions during a deposition June 12.
A protective order limited the parameters of the deposition to a narrow set of facts. In declining the sanction, Ostrye said, “I do find the plaintiffs read that protective order more broadly than I would have liked.”
Tom Peachey, an attorney for Wood, said of the deposition, “All I got from the very start was the name rank and serial number of these people.”
The court limited discovery to issues raised in a summary judgment motion filed by the county.
It was effectively limited to the fact of whether there was a decision by the county commission and whether that decision was rescinded.
Staci McCarthy, an attorney for the county who argued the case, said the proper and standard procedure would’ve been to contact the judge during the deposition to settle whether the questions were appropriate. She said the plaintiffs refused to do that, but instead sought a sanction.
McCarthy said she anticipated there would be a problem during the deposition because the protective order setting its parameters was “somewhat vague.” She said she purposely made sure the judge would be available to answer questions that day because of it, but the plaintiffs would not call the judge, she said, despite her repeated requests to do so.
Ostrye also declined requests by both sides that the other side pay their attorney’s fees.
Brad Timmons, county attorney, said via email after the brief hearing, “Today, Judge Ostrye ruled in favor of Wasco County on two motions. First, the judge denied plaintiff’s motion for sanctions. In her ruling, Judge Ostrye pointed out that Mr. Peachey attempted to go around her prior protective order when asking deposition questions of the county commissioners.”
Timmons added, “I am obviously pleased that the court held in our clients’ favor. However, it appears as though Mr. Wood and his attorneys desire to continue litigating against the county and they have threatened to bring new claims. We are very disappointed by the prospect of continued litigation. It is expensive and it distracts from the county’s business.” Peachey sent an amended complaint to the county after business hours Monday night.
The judge agreed to allow Peachey to file a motion asking to amend the lawsuit. Both sides will then file briefs arguing whether they should or shouldn’t be able to file it.
Peachey said, via email after the hearing, that at the June deposition, “the commissioners were given the opportunity to fully respond to accusations that they engaged in improper deliberation concerning their actions relating to the withdrawal of Wasco County from the North Central Public Health District.
“At the deposition they refused to answer over 300 questions and comment upon private electronic communication that had occurred between them concerning the public health district. The circuit court’s refusal to sanction the commissioners is disappointing.”
Peachey added, “While the circuit court’s granting of a summary judgment against the current complaint is a setback we are certain that a new complaint will enable the circuit court to require the commissioners to answer and account for their conduct and insure that such actions will cease in the future.
“The new complaint will likely include allegations of improper deliberation by the commissioners regarding the filing of an Oregon State Bar ethics complaint against Wasco County District Attorney Eric Nisley, consideration of the Google Enterprise Zone, transfer of Wasco County land, participation of Wasco County with the Mid-Columbia Council of Governments and its Building Code Division, funding of roads and use of taxes. Mr. Wood is committed to using every means at his disposal to insure that government business in Wasco County is conducted openly and in compliance with the law.”
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