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[2:54]
Ready for me?
[2:57]
All right. The Medford School Board special meeting for September 17th, 2026 is
[3:02]
called to order. Angela has let us know that she has experienced a
[3:08]
family emergency and is going to be late.
[3:11]
So at this time, we're going to recess for 15 minutes and reconvene at 5:30 to give
[3:15]
her some time to get here.
[19:26]
We are back from the recess. If everyone would please stand for the pledge of
[19:29]
allegiance.
[19:35]
I pledge allegiance to the flag of the United States of America and to the Republic
[19:41]
for which it stands, one nation under God, indivisible, with liberty and justice
[19:47]
for all.
[19:50]
Jodi, please conduct roll call.
[19:53]
School board directors, Tabby Roe. Here. Ferguson.
[19:56]
Here.
[19:57]
Johnson.
[19:58]
Here.
[19:58]
Linnea McHenry.
[19:59]
Here.
[20:00]
Spicer.
[20:01]
Here.
[20:01]
Williams.
[20:02]
Here.
[20:02]
Vakowski.
[20:03]
Here.
[20:04]
Thank you, everyone. Before we move into discussion tonight, I want to remind
[20:09]
everyone of the importance of following public meeting laws.
[20:12]
We should not discuss or disclose any statements or information from any prior
[20:16]
executive session, and we also need to refrain from identifying any staff members
[20:20]
by name or sharing information that could potentially identify a staff member.
[20:25]
These restrictions do not apply to identifying board members or to a superintendent
[20:28]
by name. Please keep these guidelines in mind as we proceed with our discussion.
[20:33]
Has everyone reviewed the letter from our attorney and the documents that are at
[20:37]
issue this evening?
[20:39]
Yes.
[20:40]
Okay. Because these two matters involve the same type of concerns with respect to
[20:45]
public records and editing of documents, I'm going to open the meeting to Sunny to
[20:49]
discuss her concerns, then I will discuss my concerns, and then we will turn over
[20:54]
to Angela to be given the opportunity to address both matters.
[20:57]
After that, the board can engage in conversations as to what, if anything, the
[21:01]
board would like to do in response to these concerns.
[21:05]
The first matter is the issue of the document that was sent to OGEC, followed by a
[21:10]
response from OGEC, with the response having been edited by Angela and then
[21:14]
circulated to the board as though the edited version was the response received from
[21:18]
OGEC. This matter proceeded through the policy BBG by Sunny, and I will now turn it
[21:23]
over to Sunny to discuss her concerns related to the OGEC document.
[21:27]
Thank you. Thank you, everyone, for your time and consideration on this.
[21:32]
So I want to be clear why I brought this complaint to step three, and to know that
[21:37]
I don't take this position that we are in lightly.
[21:40]
This is not about a disagreement between board members, nor should it discourage
[21:44]
anyone from raising a legitimate ethics concern.
[21:48]
We should always be willing to ask difficult questions.
[21:51]
This is about accountability and whether we are willing to hold ourselves to the
[21:54]
same standards we expect throughout the district.
[21:57]
We expect accuracy, integrity, transparency, and accountability from our
[22:02]
superintendent, administrators, staff, and from our students.
[22:05]
This is all a primary responsibility and our role as a governing body responsible
[22:10]
to the public education of the children in our community.
[22:14]
Those expectations have little credibility if we are unwilling to apply them to
[22:19]
ourselves. There are two fundamental concerns before us now.
[22:23]
First, materially inaccurate information was provided to a state government ethics
[22:27]
body concerning another board member.
[22:30]
Seeking ethics guidance is very appropriate, but that process depends upon accurate
[22:35]
information. The facts shape the question, the guidance received, and potentially
[22:40]
the actions of a public body relying on it.
[22:42]
Second, an official communication received from the Oregon Ethics Commission was
[22:46]
altered before being presented to the district's board and legal decision-making
[22:50]
process. The nature of those changes are particularly concerning.
[22:56]
When the original response is compared with the version circulated, the edits
[23:00]
appear to remove or change portions that reference several inaccurate assertations
[23:05]
contained in the original request for guidance.
[23:08]
I'm not asking the board to presume why those changes were made.
[23:11]
I'm asking the board to determine what happened and whether the conduct meets the
[23:15]
standards we have committed to uphold.
[23:17]
There's a significant difference between clearly summarizing a document and
[23:21]
altering an official government communication and presenting it without disclosing
[23:25]
those changes. Board members, administration, legal counsel, and the public must be
[23:30]
able to trust the accuracy and integrity of information used to conduct public
[23:34]
business.
[23:36]
ORS 244.10 establishes that service as a public official is a
[23:42]
public trust and places the highest ethical standards above loyalty to government,
[23:47]
individuals, political parties, or individual interests.
[23:50]
Our obligations must be to the public and the integrity of the office that we hold,
[23:55]
not allegiance to any individual, organization, union, political interest, or any
[24:00]
outside group. That public trust depends upon the integrity of our process and the
[24:05]
accuracy of the information and records upon which the public decisions are made.
[24:10]
Our own board operating agreement reinforces that responsibility.
[24:14]
We have committed to follow the law consistently, apply district policy, make
[24:19]
informed decisions, operate transparently, and respect the collective authority of
[24:23]
this board. Legal counsel serves the whole board, not any of us individually.
[24:28]
Those commitments only work when the information placed before the board and its
[24:32]
counsel can be trusted, so accountability matters.
[24:35]
This is why I don't consider this an interpersonal dispute or a personal dispute.
[24:40]
The conduct of one board member can affect the credibility of all of us
[24:44]
individually.
[24:51]
When
[24:53]
a departure from that ethical or governance standards occur without meaningful
[24:57]
accountability, those standards lose their meaning and undermines our collective
[25:01]
ability to govern, our credibility when we demand accountability elsewhere in the
[25:06]
district, and we do demand that of everyone in the district.
[25:10]
We can't effectively set policy, oversee public resources, hold the district to
[25:14]
high standards, and ask our community to trust us while accepting a lower standard
[25:18]
from ourselves, and that applies to each of us. Accountability is not retaliation.
[25:24]
It's not punishment. It's not about pre-judging the outcome.
[25:27]
It means establishing the facts, providing a fair opportunity to respond,
[25:31]
consistently applying our policies and standards, and taking appropriate action
[25:35]
based upon the evidence it establishes.
[25:38]
I'm not asking the board to simply accept my conclusions.
[25:41]
I'm just asking the board to determine whether materially inaccurate information
[25:45]
was provided through a government ethics process, whether an official government
[25:48]
communication was altered and presented without disclosure of those changes, and
[25:53]
whether the conduct established through this process is consistent with our
[25:57]
policies and our board operating agreement, the code of conduct, the oath of
[26:00]
office, and the responsibilities we have as public officials.
[26:04]
If the board does not substantiate these concerns, a fair process should establish
[26:08]
that. But if it does, there must be meaningful accountability.
[26:12]
No individual board member is more important than the integrity of this board.
[26:17]
Our ethical standards can't simply be words we adopt.
[26:20]
They must guide our conduct, particularly when applying them is difficult or
[26:24]
uncomfortable. Public office is public trust.
[26:28]
If we expect accountability throughout this district, starting with our students
[26:33]
and with our staff, we must be willing to expect it from all of us ourselves.
[26:38]
Thank you.
[26:40]
Okay. The second matter also involves editing of documents that are likely public
[26:44]
records. The text messages that were included in the letter from our attorney are
[26:47]
the records at issue for the second matter.
[26:50]
I brought this matter because it's a continuation of the concerns from Sunny.
[26:54]
The concern is twofold. First, there's a continuation of editing documents without
[26:58]
retention of the original version being maintained, which is a problem when we are
[27:02]
required to maintain our records in the event of a public records request.
[27:05]
The second is that the changes appear to have been made with an attempt to hide the
[27:09]
original information contained in the documents. I proceeded through BBG as well.
[27:14]
As discussed by Sunny, the biggest problem is... Well, I don't know.
[27:19]
Actually, I didn't hear if you said that, but we had trouble obtaining the
[27:22]
documents. I understand that Sunny had to obtain the original OGEC request and the
[27:28]
original letter from OGEC through a public records request.
[27:33]
Angela offered to let me review the texts when I raised the concern, but despite
[27:37]
multiple requests, those were never provided.
[27:39]
I did obtain them from a different source
[27:42]
and had them sent directly to our attorney so as to keep that information
[27:46]
confidential.
[27:48]
Our operating agreement is pretty clear that we want no surprises, and having
[27:52]
edited documents presented is a surprise, and it's not something that we should
[27:56]
take lightly. I did ask, as part of my BBG complaint,
[28:02]
to have Angela take additional training in public records.
[28:04]
I understand she's done that, and she's going to have a chance to talk about that.
[28:08]
But the bigger concern is the accountability, as Sunny discussed, that when we do
[28:13]
something, even if it's something we're not proud of, we need to own those things.
[28:16]
We can't expect our students to take responsibility for their actions if we don't
[28:19]
do it ourselves, and we can't expect our students to not hide things that they are
[28:24]
uncomfortable with if we're hiding things.
[28:28]
It appears to be a need for individualized coaching, potentially.
[28:32]
I'm hoping the training that was taken will resolve this.
[28:35]
I did ask OSBA at the Board Chair Cafe about the potential for targeted additional
[28:40]
training with respect to what qualifies as a public record, if it's our personal
[28:44]
text messages, if it involves board business, and they are looking into creating
[28:48]
training specifically for that. This creates a bad look for the entire board.
[28:53]
It's a bad look to have edited public documents, and the public needs to be able to
[28:57]
trust documents that come from us.
[29:00]
It's an appearance of fraud, and I don't think that's something that anyone on our
[29:03]
board takes lightly or anyone on our board wants to be associated with.
[29:09]
I'll now turn it over to Angela to have her response to these concerns.
[29:16]
I did not bring a prepared statement because I don't
[29:20]
work that way. Sunny and I had multiple discussions about her complaint.
[29:26]
I view it differently but understand her perspective.
[29:30]
I entirely disagree that my private personal text messages were a public record.
[29:36]
Even though I disagree with that, I have sought out every possible available
[29:43]
on-demand training related to public records and public communication, and what
[29:47]
constitutes a private versus a public communication.
[29:52]
And I have completed those. I don't agree that that was a public record.
[29:56]
I don't agree that it was appropriate to
[29:59]
seek those out from a district employee.
[30:01]
I don't think that it sets a good precedent that employees are not allowed to have
[30:08]
personal discussions that
[30:12]
would be handled as a public record.
[30:16]
I don't agree that the subject matter was anything that would necessitate it being
[30:23]
brought forward, but since we have now,
[30:31]
I'm really frustrated. I'd like for the text to be read out because I think the
[30:35]
subject of the text might be playing a role in what's happening here.
[30:41]
However, this board, for more than a year now, has been focused on things
[30:47]
that do not improve student outcomes.
[30:49]
And here we are again,
[30:52]
sitting and discussing things that are not student-facing.
[30:54]
So I have asked both of you numerous times in multiple formats, what is it that
[31:00]
you would like to do to resolve this? I was told training. I did the training.
[31:04]
I'm asking again, what is it that you would like to do that feels like resolution
[31:09]
to you so that we can get back to a focus on students?
[31:15]
Well, Sunny?
[31:18]
I said repeatedly that I wanted just to see a level of accountability.
[31:22]
There was never once an admonition that this is what
[31:28]
happened, that this was wrong, not going to do this, what the steps were going to
[31:33]
happen to make sure that this was not going to happen again.
[31:38]
Altering a document from the Ethics Commission is a
[31:44]
fraudulent act, and admitting that that's a fraudulent act is
[31:51]
important to me. And I think that should be important to the board, having
[31:57]
that admitted into our own record, as in having it submitted to our
[32:02]
attorney for a decision.
[32:06]
That, to me, is a serious offense. And saying that this was not something that
[32:11]
should have happened, that it's not going to happen again, and
[32:17]
moving forward from that, I'm good with that piece.
[32:20]
But there was never an, "I understand that this is wrong.
[32:23]
It shouldn't have happened."
[32:25]
I understand your perspective, and I feel like there was a long response that
[32:30]
essentially said three points, and I shared those points with the board.
[32:33]
That's why when we met again, and I asked you specifically what is it that you
[32:36]
wanted shared with the board, I just forwarded your words out to the board, along
[32:40]
with the entire complete text, so that I wouldn't in any possible way misrepresent
[32:44]
what you want said. In doing that, I did say, "Here's what you received.
[32:50]
Here's the entire text. I'm sharing Sunny's words so that you can hear what Sunny
[32:55]
wanted to share about this."
[32:56]
I hope that that was, "This is what Sunny thinks." It isn't a,
[33:01]
"I understand this was wrong."
[33:03]
The point of clarity.
[33:05]
Just want a couple of things. And I heard some
[33:11]
leveled accusations like fraud,
[33:15]
like altering public documents, and what I don't think is
[33:21]
completely clear are a couple of things.
[33:23]
The specific things that were not included,
[33:30]
and the other thing that we're not discussing is intent.
[33:33]
Because the idea with fraud, one would imply,
[33:41]
specifically when it has to do with public documents, in order for it to be
[33:47]
fraud, it has to have intent. In my understanding, it has to have intent.
[33:51]
Therefore,
[33:53]
I would have to assume that the person would have to know that they're altering a
[33:57]
public document. We just heard earlier, and this is pivoting a little bit to the
[34:02]
text messages. In order for what is being alleged with the complaint
[34:08]
concerning the text messages that she was committing fraud by altering a public
[34:12]
document,
[34:14]
I would have to assume that she would have needed to know that it was a public
[34:19]
document. If she is sending a text message and she is thinking that it is her own
[34:24]
private text message, then why wouldn't she alter it?
[34:27]
And Angela, I have done the same thing that you've done.
[34:31]
I'm confessing that I have had a-- I don't know why we're talking about this,
[34:35]
y'all. I have sent a text message as a person,
[34:40]
as a citizen, whenever I'm not conducting board business, to people who are
[34:46]
employees in our district.
[34:47]
I'm not talking about the text message.
[34:49]
I'm only talking-
[34:49]
I know. I'm coming back to that.
[34:51]
Okay.
[34:51]
But the point is going back to intent.
[34:54]
If someone had told me, "Michael, you absolutely cannot alter any of your text
[34:59]
messages or you'll be committing fraud because your text messages are public
[35:05]
documents." If I knew that, and that was made very clear to me, then maybe I would
[35:09]
not have done that. What is being alleged and what is being framed is that there's
[35:13]
a pattern of behavior that disregards the significance of a public document.
[35:18]
I don't see that here, because that would have to mean that she understood that
[35:25]
her text messages were public, and she didn't know.
[35:27]
Which, even Kendall, you said likely public record.
[35:30]
I stand firmly that these are not public records, but also the litmus test that you
[35:34]
gave me when we met is, "Would this conversation have taken place if you were not
[35:38]
on the board?" And I can raise my hand to whatever deity you believe in and say,
[35:44]
"Absolutely this conversation would've taken-- Very similar conversations did take
[35:48]
place before I was on the board, which led to me running to be on the board." These
[35:52]
are personal relationships that predate my service on the board.
[35:56]
They were private, personal conversations. They're not public record.
[36:00]
So again, I'm asking Sunny. We sat down and had multiple conversations.
[36:05]
I wanted to not misrepresent your words, so I shared exactly your words with the
[36:09]
board and laid out exactly what happened. This was the long advice.
[36:13]
These are the three points that are, I think, relevant, which essentially said,
[36:17]
this isn't a matter for OGA. Which, by the way,
[36:21]
it's kind of hard to discuss all of this without discussing the nature of why this
[36:25]
even existed in the first place. But
[36:28]
when I've asked you multiple times if you wanted to bring this out in the public
[36:31]
and discuss it, you haven't. I've tried to respect that, and I've tried to navigate
[36:36]
this as
[36:39]
productively as possible, which is why I've continued to ask what is it that-- I
[36:44]
think that these are entirely two separate matters.
[36:46]
I don't agree with Kendall's assertion, but I understand your point. I do.
[36:50]
And I want to move forward in a way that resolves that for you, and I attempted to
[36:54]
do that by
[36:57]
... sharing your exact words so that your thoughts wouldn't be misconstrued to the
[37:00]
board. So I'm asking, what else would you like to do so that we can productively
[37:05]
work through this?
[37:07]
I think I just said that. You shared my words, but it was still a, "This
[37:13]
is what Sunny thinks." It wasn't a, "I accept responsibility for this."
[37:20]
I have a question.
[37:24]
I'm still a little confused about-
[37:25]
No, I can save us the time. I don't want to hold up this whole room.
[37:27]
Sunny, I accept responsibility. I understand your
[37:33]
feelings and your thoughts and your perspective on the way things happened.
[37:36]
I apologize. I take accountability for that.
[37:38]
I did not intend, in any way, to present a different case than the advice that I
[37:43]
got, but I fully apologize, and I take accountability.
[37:47]
And you understand
[37:49]
what was wrong with that?
[37:51]
I understand your perspective. I do.
[37:55]
What is the thing that was wrong? That's what I still don't understand.
[37:58]
What was the thing that was wrong?
[38:00]
It was a letter from the Oregon Ethics Commission that was altered and presented
[38:06]
as-
[38:07]
Which the entire board has.
[38:08]
Wait, no. Were the words in the letter changed, or was there some-
[38:15]
Yes. The letter from the Oregon Ethics Commission giving advice to our board was
[38:20]
materially changed.
[38:22]
How?
[38:22]
Can that legitimately be a public record?
[38:24]
Because I feel like you-
[38:25]
Yeah.
[38:25]
I request the public-
[38:26]
That is part of the packet that was sent, and there's actually a page-
[38:29]
Okay
[38:29]
... that details what-
[38:30]
Okay. But that was presented as though that was the original, and that is the
[38:33]
problem. Okay.
[38:34]
It's part of the letter from-
[38:35]
But that's the whole problem here.
[38:37]
So
[38:39]
Sunny, I'm trying. I am-
[38:40]
I know, but Michael asked a question, and I'm answering it.
[38:44]
It was presented as though that was the original. It was edited.
[38:50]
The portion that was edited, the things that were changed, were the things that
[38:56]
were
[38:58]
not factual from the first portion of it.
[39:02]
Okay.
[39:04]
And then to mine, my understanding of public record is anything that, and as we've
[39:09]
discussed, it's anything that is a conversation you wouldn't have but for your
[39:13]
position on the board and anything that involves board business. It's a two-part.
[39:17]
It's not just only your position, but it involves board business.
[39:20]
And one of the things that was discussed was the upcoming retreat.
[39:23]
It was something that hadn't happened yet.
[39:25]
And I did discuss it when I found out about it with our lawyer first, and she said,
[39:29]
"Yes, it's very likely a public record.
[39:31]
If there was a request, it would have to be disclosed." The person texting me did
[39:34]
not make a request of me. There was no attempt to influence.
[39:37]
They did not ask me to take any action.
[39:41]
What was discussed was very much what had been discussed in a public meeting the
[39:45]
night before or whatever, nights before.
[39:47]
It was commentary on what was said in the public.
[39:49]
Nothing that was shared in that text exchange was not discussed in the public
[39:53]
meeting. Everyone knew there was an upcoming retreat.
[39:55]
Everyone knew what the conversation was about, what would happen at that upcoming
[39:59]
retreat.
[40:01]
That was all public.
[40:02]
But it still involved board business, so my understanding from our attorney is
[40:05]
that, yes, that would be something that-
[40:06]
Okay
[40:06]
... would have to be disclosed in a records request.
[40:08]
And I know that that's not something that you understood or agree with me, which is
[40:10]
why I requested the training, which I very much appreciate you took.
[40:13]
And you did let me know yesterday morning about three trainings that you had taken,
[40:17]
which I didn't know until yesterday morning-
[40:18]
We agreed to that on September 2nd, though.
[40:20]
We agreed that-
[40:20]
Yes
[40:20]
... the three of us agreed to that.
[40:22]
Right, but you did tell me if I felt like I needed to proceed to a hearing, then go
[40:26]
ahead and go for it, so I understood you to say, "Have your hearing.
[40:29]
I'm not doing anything." And then yesterday, I get this email that says, "Here are
[40:33]
some I've taken," which I appreciate you taking the initiative to take those, but
[40:36]
we'd already scheduled this.
[40:39]
Does anyone else have anything they would like to say?
[40:44]
I just have a--
[40:47]
What I'm hearing a lot of is fundamentally just a different
[40:51]
opinion on
[40:54]
what is maybe
[40:56]
considered public documents, editing, whatever.
[41:00]
I guess even just moving forward, my question for you would just be, do you feel
[41:03]
like
[41:05]
it-- It's obviously caused a lot of this, that we would like to move on.
[41:11]
You would second-guess whatever you might text or edit in the future.
[41:16]
And the trainings, were they beneficial?
[41:21]
Yep.
[41:26]
I just have one thing to add for the record.
[41:31]
The school year is just underway.
[41:37]
We spent an entire year
[41:40]
discussing this policy. Entire year.
[41:45]
The ink wasn't even dry before complaints were levied.
[41:50]
And I just want it on the record that this is what I warned about,
[41:54]
that a policy like this would not result in meaningful conflict
[41:59]
resolution, and it has not. Nothing about those steps have slowed it down.
[42:05]
We ended up in the same place.
[42:08]
And this subject and all of this, I do not think has a significant and
[42:14]
impactful bearing on whether or not our kids can read.
[42:19]
I think that all of this could've been resolved before bringing it to a public
[42:22]
meeting. And this was what I warned about.
[42:25]
Michael-
[42:25]
And here we are. Here we are.
[42:27]
Attempted.
[42:27]
Here we are. Here we are. Well, technically what?
[42:31]
That I said it was attempted to resolve before.
[42:33]
Yeah, but that was my point.
[42:35]
That's-
[42:35]
My point was that this was a pathway to this very thing.
[42:39]
That the attempt wouldn't work, that it wouldn't stop at step one.
[42:42]
It wouldn't stop at step two. That we would be ending up spending our time, the
[42:46]
public's time, talking about, in my opinion, very petty things that are not
[42:52]
consequential to public education.
[42:55]
And we went through this for a year last year.
[42:58]
We took the public on a soap opera the year before that of conflict, having to do
[43:04]
with the very things that we codified in Policy BG. So here's how I feel.
[43:10]
We have had a
[43:15]
confession.
[43:18]
After our Spanish Inquisition, we have had our confession. We have had an apology.
[43:23]
We have a commitment by someone to do better.
[43:26]
I would think that that would be enough.
[43:28]
I believe that the complaint should be satisfied, and I would like to move to make
[43:31]
a decision on whether it's satisfied or
[43:36]
whether or not we need to continue discussing this. And may I have a second?
[43:44]
Yeah, that's the process, right?
[43:46]
Yeah.
[43:46]
It now goes to-
[43:47]
Well, the next step is a roll call. Well, we need to let everyone else that has
[43:51]
something that they want to ask, ask.
[43:54]
But the roll call would be if the board believes the allegations in one or both of
[43:58]
the complaints are substantiated.
[43:59]
After that, it would go to, if yes,
[44:03]
should the board inform Angela the allegations have been substantiated and that
[44:07]
she's to refrain from any further behavior, or no, there's nothing further to do.
[44:11]
If yes, the board then determines if the completion of this third step is
[44:15]
sufficient to stop continued violations.
[44:17]
So that's basically the motion you're making.
[44:21]
The motion would be the third option, that, well-
[44:25]
Okay
[44:25]
... I don't have it in front of me, but yeah.
[44:29]
So we can move to that. We can move, unless Eric or Aaliyah has anything
[44:35]
they would like to add.
[44:37]
There's a motion. Do we need a second?
[44:39]
There was a motion. It was never seconded.
[44:40]
Want a second?
[44:41]
Can we clarify what the motion was?
[44:43]
Okay.
[44:47]
I think we were trying to move to that step.
[44:49]
I was trying to move to that step, essentially.
[44:50]
So it would be just-- So I'll rephrase it, and then you can tell me if it's right
[44:54]
or not, okay? The motion is for the board to determine if the completion of this
[44:59]
third step of BG is sufficient to stop continued violations.
[45:04]
That is my motion. Is there a second?
[45:06]
Second.
[45:09]
Okay. So is there any discussion?
[45:12]
Yes.
[45:13]
Eric.
[45:17]
For the record, you guys know this, but I had hoped as well that this could be
[45:22]
resolved outside of a public meeting.
[45:27]
Angela, the documents that we've been provided from the attorney, are those all
[45:32]
accurate to your knowledge?
[45:34]
Yep.
[45:34]
Okay.
[45:38]
As Michael alluded to earlier, I think intent is important.
[45:43]
Some of the things in the ethics commission email that were removed, to me, is just
[45:50]
friendly fluff from the person who responded.
[45:54]
But I don't think materially-- It's not guidance.
[45:58]
It's just preface to the guidance.
[46:01]
There's a couple things that are guidance that were changed, it appears.
[46:07]
Can you help me understand
[46:10]
why- Are those changes accurate? Was there intent there?
[46:17]
No. I cut and pasted. The three points of the response were, one, this
[46:23]
isn't a matter for OGEIC. Two, if there is ever the potential
[46:28]
for conflict, you should disclose, and the third one was something irrelevant.
[46:32]
So in attempting to quickly summarize those, those are the points that I put
[46:37]
forward. There was no intent. And I went back and read them over and over again.
[46:41]
I don't believe that the words sent to the board materially change what the
[46:46]
response from OGEIC was.
[46:51]
My initial reaction was as well. Nothing really came of the guidance.
[46:56]
We didn't change anything we did.
[46:59]
The things that are potentially material, there was a change from a
[47:05]
"has
[47:09]
had a pending or active legal claim" to a "could have."
[47:14]
So a slight change in context from a definite situation to a potential situation.
[47:20]
And then there was another reference to
[47:26]
if there is a material conflict of interest, a board member
[47:29]
must declare that and then refrain from
[47:34]
discussion or debate and may not vote.
[47:37]
And then there was a part that was removed, unless a vote is required to satisfy
[47:43]
a minimum vote.
[47:45]
The matter didn't have anything to do with voting, so
[47:49]
I didn't find that to be relevant.
[47:52]
Okay.
[47:54]
It's my understanding that the implied intent is inaccurate, and so
[48:00]
if, in this case, if she didn't know that it was a
[48:05]
public document that she was altering, then it wasn't her intent to
[48:11]
commit fraud.
[48:14]
And I wasn't there for the first and second step.
[48:17]
If that was made clear to her then, I'm trying to understand
[48:23]
what is the goal, and what are you all trying to accomplish by bringing this
[48:27]
forward in this meeting and spending time discussing it? What is the goal?
[48:33]
Sunny's was accountability. I had requested specific training, which has since
[48:38]
occurred, which I discovered and was told about yesterday.
[48:42]
So then if you were told about it yesterday...
[48:46]
Let me rephrase that. If I was told that prior to this meeting, and I was the board
[48:51]
chair, I would amend this special meeting not to include that complaint because
[48:57]
it sounds like the complaint had already been satisfied, and that knowledge was
[49:01]
brought forth prior to this meeting.
[49:04]
What I did was disclose that she let me know that she had taken the extra training,
[49:08]
but this meeting had already been scheduled.
[49:09]
I had hoped to not even have to have the meeting.
[49:12]
Oh, very well then. But I've seen meeting agendas change same day since I've
[49:18]
been on the board. So that's why I don't understand what the goal was, if the
[49:23]
action necessary to satisfy the complaint had been provided.
[49:27]
And so it leaves people with the impression that the point was to have it in public
[49:32]
in this way. I'm not making that accusation, but it might lead one to believe that.
[49:36]
And so I think that it's important identifying what the goal was, if that was
[49:42]
already satisfied, and then why discuss it here?
[49:46]
But you don't have to answer that. Sunny, please, I deeply want to understand
[49:52]
what was it that you were trying to accomplish by bringing this to a third step so
[49:56]
that the board could have this discussion?
[50:00]
Because accountability would typically apply, I would think, if the intent was to
[50:06]
do something wrong. What I have heard this evening is that this board director has
[50:10]
been acting in good faith, who is a new board director who is learning the ropes,
[50:15]
and I would like to consider giving this board director grace in that regard.
[50:20]
Her intent is clear that she was just attempting to communicate a message in the
[50:24]
most effective way possible. So if any of that was made apparent in step one and
[50:30]
step two, lastly,
[50:33]
what does accountability look like in a material way at this point?
[50:38]
That was not my understanding.
[50:41]
The guidance that I got from multiple attorneys was that this was a
[50:47]
serious infraction, changing a letter from the Oregon Ethics Committee, sending
[50:53]
information to the Oregon Ethics Committee that was false.
[50:56]
Those are two pretty serious infractions.
[50:59]
And-
[50:59]
What information was false? I'm sorry, I don't remember us discussing that.
[51:02]
What information was false?
[51:03]
Okay. Those are things that we can't discuss because they were talked about in the-
[51:08]
Executive session.
[51:09]
Well, that's important because we're in public, and we're levying an accusation.
[51:16]
It's also in the packet that you got, but there were things in there that were
[51:22]
not true.
[51:23]
I just think that it's fair if we say publicly in a public indictment, which that
[51:27]
indictment is, that false information was submitted in the beginning,
[51:33]
that puts another person at a disadvantage when they can't clarify whether or not
[51:37]
they were submitting that original information and whether or not it was false.
[51:41]
And those were the things that were removed from the document.
[51:45]
And the other important point is the thing that Sunny had specifically requested is
[51:50]
an acknowledgement that the change was made. And I disagree.
[51:53]
I don't think changing a government ethics letter is petty.
[51:58]
I don't think it's petty at all. It's a very important document.
[52:01]
It's a public-facing document on the ethics commission, and it's an issue of
[52:04]
modifying an ethics letter.
[52:06]
All I asked from the beginning was to understand that this was wrong, we don't do
[52:10]
this, and that our communications are forthcoming because I feel like that's
[52:14]
important to the board. I'm not trying to do anything more than that.
[52:17]
I'm not asking for any level of punishment. I don't think that's appropriate.
[52:23]
All I'm saying is that we make sure that our communications are ethical, that
[52:29]
they're clear, and that we hold ourselves accountable.
[52:31]
It's literally all I'm asking.
[52:33]
And-
[52:34]
And that's what happened right at this meeting, where Angela acknowledged that she
[52:38]
shouldn't have made the changes.
[52:39]
In the last communication to the board,
[52:42]
that didn't come through. It said, "This is what Sunny says." It wasn't a, "I
[52:46]
understand this is wrong. I'm not going to do this again."
[52:50]
Yeah.
[52:50]
It was, "This is what Sunny thinks."
[52:52]
I'm just saying that not that changing a government document, that's not what I
[52:57]
said was petty. All of this is. It seems like this is something that should've been
[53:02]
resolved-
[53:02]
I don't want to do this either. None of us want to be here.
[53:05]
Okay. So then let's just-
[53:05]
Well, let's move on.
[53:05]
... moving forward because I have acknowledged, we've had our
[53:11]
discussion. Kendall's had a chance to clarify what it is that she's seeking out.
[53:16]
Let's move to the next step.
[53:18]
Well, I'm pretty sure we're with it, yeah.
[53:20]
Yeah.
[53:20]
The first time it was said that she admitted that this was wrong, "I'm not going to
[53:25]
do it," was a few minutes ago. So that's good. We're good.
[53:31]
So vote.
[53:34]
Roll call, Jody.
[53:35]
We're good.
[53:35]
Oh, wait, wait. Do we need to restate the motion?
[53:38]
Please.
[53:39]
So we know it, yes or no? Okay. The motion was that the board has determined
[53:45]
that the completion of the third step of BBG is sufficient to stop continued
[53:48]
violations. Correct?
[53:50]
Correct.
[53:50]
Okay. Now we're voting on that.
[53:52]
I'm sorry. Can you just state a yes vote means and a no vote means?
[53:56]
Yes vote means that the board-
[53:58]
The matter's done
[53:59]
... the matter is done, and if it's a no vote, then we proceed to step four and
[54:04]
deal with dismissal, admonition, censure.
[54:08]
Correct.
[54:11]
Okay. Everybody got that?
[54:13]
We're good.
[54:13]
All right. Board Director Johnson.
[54:17]
Yes.
[54:18]
Cabrero.
[54:19]
Yes.
[54:20]
Spicer.
[54:21]
Yes.
[54:21]
Linnea McHenry.
[54:22]
Yes.
[54:23]
Williams.
[54:24]
Yes.
[54:24]
McKowski.
[54:25]
Yes.
[54:25]
Ferguson.
[54:26]
Yes.
[54:27]
Motion carries.
[54:30]
And that concludes. There being no further business before the board, this meeting
[54:35]
is adjourned. We will reconvene at 6:15 for the regular board meeting.