By GARRET JAROS/Lincoln Chronicle
The Lincoln County District Attorney’s Office has dropped a disorderly conduct charge against former Waldport mayor Heide Lambert for her actions at an April city council meeting.
In a memorandum issued Tuesday, district attorney Jenna Wallace cited insufficient evidence as her reason for dismissing the second-degree disorderly conduct charge that would have required a mandatory court appearance.
“A person commits the crime of disorderly conduct in the second degree if, with the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, the person disturbs any lawful assembly of persons without lawful authority,” wrote Wallace.
In reviewing Lambert’s conduct at the meeting, Wallace wrote that she did not believe there is “sufficient evidence to prove beyond a reasonable doubt to a jury” that Lambert had the intent to do anything unlawful.
“It appears that Ms. Lambert believed that she had been unlawfully removed as mayor and was at the meeting acting in what she believed to be her official capacity,” Wallace wrote. “Given there is a question as to whether civilly the city of Waldport can lawfully remove an elected official by city council vote, it will be difficult to prove Ms. Lambert had the mental state required by law to commit the crime …”
Wallace added that she confirmed with Waldport officials that Lambert’s actions occurred prior to the start of the April 10 meeting and that “it is unclear whether Ms. Lambert’s conduct of sitting at the council table actually disrupted the meeting and prevented it from starting.”
The charge against Lambert came on the heels of her dismissal one week earlier during a public hearing when the city council voted 6-0 to remove her for violating the city’s charter by trying to direct city employees in their duties.
On April 10, Lambert was accompanied by a large and vocal contingent of supporters when she arrived at a scheduled council meeting, where she made a brief statement before sitting in the chair normally reserved for the city’s top elected official.
“I am the elected mayor and have done nothing wrong,” Lambert said, and then accused the council of not providing her due process, overstepping its authority and claiming the section of the city charter that allowed her removal is unconstitutional. “I have every right to be here in the capacity as the mayor. The people elected me. Only the people who elected me can remove me.”
Supporters cheered Lambert’s statement and several began yelling questions and insults at council and city manager Dann Cutter.
After several minutes of the crowd yelling, Lincoln County Sheriff Adam Shanks and Deputy Abby Dorsey, who were attending the meeting on a separate matter, approached Lambert and persuaded her to leave the seat and step outside where she was cited. Lambert was allowed to return to the council chambers where she sat quietly in the back row.
The council was only able to conduct business when Shanks returned and asked the crowd to quiet down.
Possible legal action
Lambert was elected last November in a two-way race and took office in January. She had served two years on the Waldport council before taking a job as Yachats’ city manager in 2022, but left after 15 months because of a change in the mayor and council there and turmoil with city staff.
Lambert’s arrest was the first of a former public official in a public meeting that anyone can remember and highlighted the months-long, increasingly bitter and social-media fueled dispute between Waldport Beachcomber Days officers, its supporters and the city.
Lambert has retained an attorney but there has been no filing against the city or the council for removing her. Lambert could not be reached for comment Wednesday afternoon.
The city council has its regularly scheduled monthly meeting Thursday.
In her memo, Wallace went beyond Lambert’s disorderly conduct arrest to also weigh in on her removal from office.
“Although the city charter appears to allow the removal of the elected mayor through a city council vote, it is unclear whether this provision in the city charter is constitutional,” the district attorney wrote.
The April 10 meeting did not begin immediately after Lambert’s removal, Wallace continued, and no one else in attendance was arrested or cited for preventing the meeting from beginning or disrupting the meeting in the time before her return.
“Given this, it will be difficult to prove beyond a reasonable doubt that Ms. Lambert’s conduct did in fact prevent the meeting from starting or disrupted the meeting,” Wallace wrote. “For these reasons, I am declining to pursue charges at this time.”
- Garret Jaros covers the communities of Yachats, Waldport, south Lincoln County and natural resources issues for the Lincoln Chronicle, formerly YachatsNews, and can be reached at GJaros@YachatsNews.com
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To read Lincoln County District Attorney Jenna Wallace’s memo, go here
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