Despite lots of vocal opposition, county commission chair says idea of limiting public comment still alive

Shayla Escudero / Lincoln Chronicle Lincoln County commissioner Casey Miller hands out a statement on public commenting that he was not allowed to give during the commission’s meeting Wednesday.

 

By SHAYLA ESCUDERO/Lincoln Chronicle

NEWPORT – A proposal to limit public comment at Lincoln County commission meetings is still alive despite a wave of opposition Wednesday – including from commissioner Casey Miller who was blocked from voicing his dissent.

Another chaotic commission meeting this week is the latest in an onslaught of conflict – months of contention between commissioners and department heads, resignations, and county employees publicly voicing their grievances at meetings.

In response, commission chair Claire Hall proposed that public comment during meetings relate only to agenda topics. Initially, Hall called for her proposal to be an agenda item at Wednesday’s meeting but opted not to put the discussion on the agenda to allow “more consideration,” she later told the Lincoln Chronicle.

Hall

The topic is still open for public input, she said,  but has no formal action is planned.

Hall’s idea earned immediate backlash, letters of opposition, and a wave of commenters at Wednesday’s meeting.

“Statements made in public and recorded on video are much more powerful than an email that may be only seen by the commissioners and can potentially be disregarded,” said Seal Rock resident Jonathan Hoy. “Limiting public discourse to only current agenda items allows the board to avoid and quash what may be important but potentially contentious topics.”

Several members of the Hilltop Patriots, a conservative activist group based in Lincoln City, lifted colorful paper signs that spelled out “Hear, listen to us, we have a voice,” while sitting in the audience.

Hall told the Lincoln Chronicle last week that her suggestion to change the commenting rules is an attempt to limit employees from airing their grievances in public meetings following several contentious meetings in February and April.

District Attorney Jenna Wallace has used the comment period to accuse the county of misconduct, retaliation and corruption involving long-running disputes on personnel actions in her office. Hall has denied the claims and said the county has contacted the Oregon Department of Justice to report Wallace’s behavior.

During Wednesday’s meeting, Trish Miller, a former volunteer in the district attorney’s cold case unit, used the comment time to say that she lost access to the building and was “fired” after she was instructed by Wallace to perform a background check on Wallace’s husband who was looking to fill a district attorney detective position.

Angela Dodds drove from her central Oregon home in Prineville and used the comment time to tell commissioners that she felt Miller’s removal limited the ability of the county to solve the murder of her sister, Kelly Disney, 41 years ago.

Shaya Escudero / Lincoln Chronicle Hilltop Patriots members from Lincoln City hold up signs during a Lincoln County commission meeting Wednesday urging audience members be allowed to comment on anything during meetings.

Commissioner blocked

Miller has had his own frustrations with the county.

Since September, Miller has been told not to use his courthouse office after allegations he bullied employees and created a toxic work environment with statements at two meetings last year. An outside investigation cleared Miller of the allegations in December – but determined he did release confidential information about former administrator Tim Johnson.

Instead of allowing him to return to the courthouse – five months after that investigation, the county leased an office for him four blocks north of the courthouse. The county has not answered Lincoln Chronicle’s questions about the lease’s cost or duration, but instead asked for a formal records request.

“Why is he being exiled from his own office to a rented space outside of the courthouse?” asked Waldport resident Barbara Davis. “Is that really the best use of our taxpayer dollars?”

After all the members of the public had spoken, Miller asked Hall if he could share his own comments since the usual bi-monthly commissioner reports were no longer verbal.

“I have comments to make, when would you like me to make them?” Miller asked.

But Hall did not allow Miller to speak and ended the meeting with a heated exchange between a member of the audience, who made a comment about wanting to give the middle finger.

“My thought was the public comment period was for the public not for commissioners to hold a press conference,” Hall later told the Lincoln Chronicle.

After the meeting, Miller passed around printed copies of the statement he was hoping to make to a remaining audience after the meeting was adjourned.

“Public comments are, in many ways, the purest form of transparency. It’s how people share their concerns, express their needs, and engage with their government,” Miller’s statement read.

“Historically, this board has not always demonstrated a strong culture of responsiveness to public comment. That needs to change. Rather than restricting dialogue, we should be moving in the opposite direction — toward deeper, more meaningful community engagement.”

There are times when confidentiality is necessary, Miller said. However, this excuse can be weaponized in an “endless legal loop that alienates people.” Miller said through his recent participation in human resources and insurance training and leadership programs he took away a repeating theme – resolution comes with listening.

In an interview after the meeting, Miller said he has been told by some county staff that he is encouraging division and acting unprofessionally.

“I absolutely am not trying to cause trouble just to cause trouble,” he said, “This is an important discussion that needs to happen and it’s going in the opposite direction of what the community wants it to be.”

  • Shayla Escudero covers Lincoln County government, education, Newport, housing and social services for Lincoln Chronicle and can be reached at Shayla@LincolnChronicle.org

14 Comments Leave a Reply

  1. It seems to me that some of the anti-democracy behavior at the “top” of our federal government is trickling down to our county level. Very sad (and embarrassing) for our county. I so appreciate Casey Miller’s efforts and stamina. Sounds like some of the commissioners need to stop wasting county taxpayer money hiring lawyers and instead hire a conflict resolution team. Our county has a lot of business to attend to and ego-driven fights are dragging us down. If you can’t work together with respect and non-violence, please do the right thing and resign. We’ve already lost one great commissioner.

  2. Dear Lincoln County Chronicle:
    I would prefer to read more about what our commissioners are doing to improve the lives of Lincoln County citizens, and a lot less about the political circus (you) and the local media are feeding. Using commission meetings to make personal attacks against (each other) our county employees, or to complain about human resource issues, is both unethical and a huge waste of money. It destroys public trust in our commissioners and paralyzes progress. Who can get anything done with all this nonsense?

    I hope the editors of this news letter will decide to take this forum away from those who are milking it for their own political agendas. It is not unusual nor illegal to limit public comments to the agenda items. Please stop fanning the flames of this adolescent drama.

    • Maybe Mr. Miller can resign and make a living on some kind of Fox News podcast?

  3. I knew that when Claire Hall was inserted into several different positions on the commission that it could not end well. Nobody should have so much power on any board. Looks like my no vote was legitimate but more people should have voted in the same way.

    • I agree as I thought the same thing. I would have voted no after all of this but really, Beasley is not the better choice. Have you watched him at a Depoe Bay council meeting? He seems woefully unprepared and some of the things he asks shows that he isn’t prepared and doesn’t read the material or remember things he’s been told so asks over and over. The county doesn’t need that kind of representation.

  4. I think it is long past time to consider establishing a county commission of five members, preferably covering different sections of the county. A quorum for conducting business should consist of more than two people.

    • Yes, we need more commissioners as three have too much power. It only takes two to approve anything in our county.

  5. This situation with the county government is similar to one of the issues the city or Waldport was having. Thank goodness Mayor Lambert is back in her seat. She is a strong supporter of the Constitution, including the First Amendment and the first thing she did was encourage the city council to bring public comments back to the city. And they did. In comparison, Commissioner Hall is taking away the right to speak freely.

    This surprises me as I have always respected Hall and have only ever known her to support and advocate for the Constitution of the United States. I voted for her. Is she under someone’s thumb? Kristin Yuille? David Collier? If so, Ms. Hall needs to remember who works for who, and stand up for what is right.

    It seems like the issue is comes from District Attorney Wallace’s insistence of going against the county’s personnel policies which is not to discuss confidential, personnel issues, publicly. Is the only way to get the DA and others to stop breaking county rules to put a lid on Public Comments for everyone? There has to be a better way.

  6. It appears that the only thing that will stop Commissioner Hall’s authoritarian impulses will be legal action in the form of a civil rights lawsuit. Except that, the county already lost such a lawsuit to Matt Zekan in 2014 for actions largely attributable to Hall in back 2010 and 2011 (15 years ago), paying out $140 K, and yet Hall has clearly not learned from that experience. Will residents have to resort to a recall petition (which, by law, can’t be filed until 6 months after swearing in, ie: in early July next)?
    Also, I now wonder about the choice of Mr Chuck as a replacement.

  7. I’m sorry but I think the amount of hyperventilation here is ridiculous. What’s next, pitchforks and torches?

    Casey Miller, the district attorney and some other county employees are turning commission meetings into circuses by improperly ventilating personnel matters instead of following proper procedures.

    Claire Hall. the county counsel and I assume Walter Chuck are absolutely correct in trying to stop these theatrics. All they are doing is trying to limit public comments to items on the agenda, which is a very common thing. They are trying to get county business done instead of engaging in this sideshow of illegal discussion of employee matters.

    Casey Miller is a nice guy but he acted improperly by discussing personnel matters in a public commission meeting, even though he was cleared of bullying county employees. The district attorney is on a crusade to defend nepotism to benefit her husband instead of following proper personnel procedures, even cruelly exploiting the Disney cold case family members to push her case after earlier grossly exaggerating crime figures in the county. And some other county employees simply do not seem to understand the concept that public commission meetings are not where internal county personnel matters are negotiated.

    A lot of folks around here need to grow up.

    • The issue is that the district attorney and other elected officials are being denied the ability to get on agenda to speak, so they have no option except to sign up for 3 minutes of public comment. Claire Hall sets the agenda and can pick and choose who is worthy of addressing the BOC. She refuses to allow our elected officials on the agenda (this has gone on for years) and then complains when our elected officials or county employees who work for those elected officials use public comment. We elected them, we deserve to hear from them. For Claire Hall and county counsel (by the way Casey Miller is county counsel’s boss) to silence our elected officials and now attempt to silence the public at large should cause outrage. Why are they so afraid to let our other elected officials speak? I guess if I behaved in the same shady, unethical, and self-serving manner they do, I wouldn’t want to risk that getting out to the public either.

      The DA and detectives like Trish Miller work hard every single day to keep our community safe, protect crime victims, solve cold case homicides, etc. They see the worst parts of humanity every single day, things we can’t even imagine. Not only do they not get support from their county commissioners, they get opposition. How about thank you? The saddest part is that the people who suffer are crime victims and our community. It’s time to recall Hall.

  8. Lincoln Chronicle, thank you for covering this complex story. It absolutely should be reported. Even piecemeal, common denominators are finally emerging.

    Since the concurrent cold case story involves some of the same people, it’s obvious BOC’s next moves will be consequential both for individuals (including the criminals currently going uninvestigated, who are probably happy about that) and collective county residents. Hall even edged this into state news when she said a lot of Oregon counties and cities are excluding non-agenda comments. I hadn’t heard of that going on. If the Oregon Housing Stability Council did so, I missed the press release. Are other agencies, i.e. Oregon Board of Forestry, or OTC, doing that? It’s worrisome.

    I contemplated what PS said above, but in this very article, we do read about what one commissioner (Miller) is doing to improve the lives of Lincoln County citizens. It’s communication work, to create, clarify and expand transparency. Protecting our right to speak about any issue at public meetings, with expectation of meaningful response, may not hammer nails or heat meals for hungry people, but it lays a foundation for trust. Public comments can’t directly fund a new shelter. But I appreciate Miller trying to brace a pillar of our institution, that if torn down, could leave people without literal shelter. Like radio antennas, communication serves us in the heat of emergency (wildfire, earthquakes) and fun festivals alike. It’s imperative to maintain communication channels for everything from animal shelter bus transit to evacuations for survival. Yet two commissioners aren’t acknowledging that out of general public comments come dialogues and solutions that matter to citizens. Public comments full of ad hominem or malicious hyperbole are bad, but neither should commissioners permanently limit all comments using false equivalence or non sequitur.

    What county leaders should do is demonstrate local cohesiveness in response to federal funding disruption. Instead we’re listening to one commissioner say to another, “No you can’t speak,” and apparently, “No, you can’t share an office with us in the public’s building,” while spending uncertain funds on an extra office without explanation or the public’s permission. A press conference is a great idea. Chuck and Miller could freely give statements that are blocked from meetings. I hope Walter Chuck puts himself in the public’s shoes: would he want his right to comment to be taken away in this moment? When he said he’d go out in the community, how accessible can commissioners really be county-wide, outside of BOC meetings? If Chuck decides to campaign for reelection next year, but also votes to restrict public comments, I’ll vote for one of his opponents. I’d rather be more fair, but it’s that crucial an issue.

  9. Thank you for continuing this topic. There are a lot of good people working for the county that just want to do their job but are tired of the hypocrisy and retaliation. It’s prohibited just about everywhere, but what are employees supposed to do when it comes from the top? Perhaps voicing their frustrations publicly is their only option. Budgets are being cut and positions eliminated, yet there’s apparently enough money to lease office space for a commissioner that some people disagree with. When was that even discussed at a public meeting? Limiting comments to agenda items means people would only be able to speak about items someone wants them to talk about, and it seems that isn’t even the commission chair. I don’t think people need to grow up, I think they’re telling us to pay attention.

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