Bill Graves documents public meetings violation by OUS Board

12/3/2011: From his narrative of the “Rise and Fall of Richard Lariviere”, in the Oregonian:

On Nov. 17, the board met to decide whether to allow state universities to have independent boards, a cornerstone reform that Lariviere advocated.

“This was the defining issue, the cause of so much acrimony,” Donegan said. “Richard simply didn’t show up.’

By then, Donegan had started to poll board members on whether they wanted to renew Lariviere’s contract, a decision they had to make by the end of the year.

Donegan and board member Ally Ford arrived at Lariviere’s Eugene office at 9 a.m. sharp on Nov. 24 with the axe. His contract would not be renewed. No one on the board supported him. 

Rumor is that OUS board member Jill Eiland was a key player in this hatchet job, and that there’s an email trail documenting that the decision was made before the 11/28 executive and public meetings and Paul Kelly’s bathroom break – as if there’s any doubt on that.

Director Ron Bersin has not yet responded to the public meetings ethics complaint filed by UO faculty members last Monday. His email is [email protected] and the GEC phone number is 503-378-510. I should have more info to post about this Monday. The next meeting of the Oregon Government Ethics Commission is January 12, 9AM, location TBA. The GEC Comission members are:

KENNETH LEWIS [email protected]
Portland, OR
Occupation: Foundation Board Member
Appointed by House Democrats

CHARLES BEGGS
Salem, OR
Occupation: Retired
Appointed by Governor

MARY F. KREMER
Portland, OR
Appointed by Senate Republicans

KENNY MONTOYA
Salem, OR
Appointed by Occupation: City Attorney

LARRY CAMPBELL (Chair) [email protected]
Eugene, OR
Occupation: Retired
Appointed by House Republicans

JOANN WALLER [email protected]
Portland, OR
Occupation: Retired
Appointed by Governor

IAN WHITLOCK (Vice-Chair) [email protected]
Portland, OR
Occupation: Attorney
Appointed by Senate Democrats

A good resource for Oregon law on this ethics inquiry is at http://www.oregonlaws.org/ors/244.260 Key points:

The Preliminary Review Phase begins on the date the complaint is filed or the date the commission decides to proceed on its own motion and ends on the date the commission determines there is cause to undertake an investigation, dismisses the complaint or rescinds its own motion. The Preliminary Review Phase may not exceed 135 days unless: …

At the conclusion of the Preliminary Review Phase, the commission shall conduct its deliberations in executive session. All case related materials and proceedings shall be open to the public after the commission makes a finding of cause to undertake an investigation, dismisses a complaint or rescinds a motion. Prior to the end of the Preliminary Review Phase, the executive director of the commission shall prepare a statement of the facts determined during the phase, including appropriate legal citations and relevant authorities. Before presentation to the commission, the executive director’s statement shall be reviewed by legal counsel to the commission.

If the Oregon Government Ethics Commission finds that an appointed public official has violated any provision of this chapter or any rule adopted under this chapter, the finding is prima facie evidence of unfitness where removal is authorized for cause either by law or pursuant to section 6, Article VII (Amended) of the Oregon Constitution.