Follow-up on Councilor Pope’s “Fellowship” with Steve Brocato and Friends.

In This Edition:
- Audacity
- Reports in the local papers
- Other Spin
- Brocato’s 911 Call
- Who are these people????
- Chapter 130: General Offenses; 130.045 Public Urination
[Edited on 9/8/10]
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“Crime once exposed has no refuge but in audacity.” – Tacitus, Roman Senator & Historian (AD 56 – AD 117)

The other day, when organizing my neglected file cabinets, I ran across the old quote above scribbled on an auto insurance envelope from 2006. Having just read in last Thursday’s Courier that Steve Brocato said, in reference to the incident at Milo Pope’s office a week ago, “I am fearful for my safety and the safety of my family,” the observation by Tacitus rang startlingly true.

(For one side of the story, see:
What was Milo Pope Doing While AWOL from the August 24, 2010 Council Meeting?

For other accounts, see:
The Police Incident Report on Scribd.

If you read the police report, two things stick out:

1) The accounts are remarkably consistent in that four people, including former Councilor and recall supporter Andrew Bryan, as well as former Judge and current sitting Councilor Pope, stated that Mr. Brocato came over, (from across the street) and knocked Jason’s hat off his head (Harassment: ORS 166.065), which escalated the argument.
2) Mr. Brocato is the only participant labeled as a suspect in the report.

All three of the men who crossed the street were hurling insults, particularly at Jason Bland, who returned them in kind. As we were within our rights, and had done no illegal offense to them, and given that they came over to verbally, and in Brocato’s case, physically, harass myself or Jason, it is particularly difficult to understand why Mr. Brocato called the police to say, according to the police report, that Jason Bland “was trying to start a fight with Steve Brocato.” (The audio of the 911 call from Mr. Brocato has "First he tried to start one with me.") It is at least as difficult to understand why, if Mr. Brocato was in fact “fearful for [his] safety and the safety of [his] family,” why he came across the street to get in Jason Bland’s face and knock his hat off in a clear act of aggression. (For more on this point, see the segment on the 911 call from Mr. Brocato to police dispatch below.)

My take is that once his aggressive actions had been clearly exposed by witnesses, he resorted, in his comment to the Courier, to one of his seemingly favorite responses, audacity (In the context mentioned by Tacitus, above).

The reports in the local papers were similarly curious.

The headline in the Courier is “Dispute Started Over Men Photographing Meeting Between Pope And Friends.” What they left out was “When Pope Was Ditching The Council Meeting” he could have, and should have been attending, to meet with his friend and plaintiff against the city. He was also meeting with other former Councilors and ex-employees who had been involved in the recall of sitting Councilors.

What followed in the Courier article was Mr. Pope’s spin on the events:

- He was just gathering with friends for a “few” drinks and “fellowship.” (Note that except for one statement by Bland, all mention of the degree of drinking was absent from the police report.) I had not mentioned to the police what appeared to be public urination under the tree by the parking lot because I had not yet reviewed the photo to confirm what we thought we were witnessing (see previous blog or below for photo). I have since been informed by a friend that the old Higgins medical clinic, which houses the law offices, does have a private bathroom. I ask you, what degree of drinking, especially if you happen to be a former judge and sitting Councilor, would allow you to urinate in public when you have a private bathroom available? I also know that we discussed with the officers that some of the participants might not be able to drive a motor vehicle home safely and that it was good of Jennifer to call her husband to come get her after the police had showed up.
- He had “previously turned in his input” to Council so he didn’t feel it was necessary for him to attend the meeting to hear the input of other Councilors or the public.
- “We were discussing city business and what happened in the past, [ground hog day again!] and where we are going.” Who is “We?” I was under the impression that the past and where we are going are the public concerns of all of Baker City, hopefully at a public Council meeting, not the private planning “fellowship” of former city employees and ex-Councilors upset with the firing of Steve Brocato and the results of the recall election. Just who does Mr. Pope represent?
- Pope stated that he asked me “What the hell are you doing?” He neglected to mention that he started the barrage of insults by calling me a “creep.”

I do not fault the reporter for not reporting my version of the events, because she faithfully reported that I told her I would put them on my blog, which she referenced. I do feel, that if the Courier were not a weekly, that they might have waited for a more balanced account before reporting on the incident.

To their credit, the Herald Editorial Board ran an editorial with the title “ Councilor Pope lets down constituents.” It was all down hill from there.

- While reporting that he chose “to attend a private gathering at his office” instead of attending to his duties as Councilor, they left out the details of who he was meeting with and for what purpose. Was it a group of nuns intent on helping Baker City solve its current problems with Council squabbles, or a training session put on by professionals to help Councilors function in a more positive fashion at Council meetings? No, it was a “Ground Hog Day” planning meeting with the supporters of the failed recall and an ex-City Manager who is suing the city and other Councilors.
- Did they interview anyone else involved to get other aspects and views on the story on the meeting? If they did, you wouldn’t know it from the editorial, even though they had access to the Courier article and my blog. Instead they focused on Mr. Pope’s bypass surgery as a way of excusing a nearly 13% absence rate, and that Mr. Pope regrets his decision to be out drinking with friends (the latter not mentioned), while totally ignoring all the other important aspects of the story, like Milo’s and Mr. Brocato’s behavior.

Speaking of spin. . . .

Both the Herald and I have a way for people to comment on what we write. Both of us moderate comments. I have a policy that does not allow wild and unsubstantiated ad hominem attacks from “anonymous” commenters, while the Herald allows some, but apparently not all, comments, regardless of whether they are simple ad hominem attacks that don’t address the arguments or relevant questions. Wild, emotional attacks get readers attention I guess, even if it doesn’t contribute to understanding.

There is a poster to the Herald’s “Disqus” comments facility (for example, see: Councilor Pope lets down constituents) called “FreeBakerCity.” He or she, with the telling picture of a pansy for their photo ID, has free reign to insult others on the Herald forum and elsewhere, even if the pansy refuses to tell you who they really are. (more on the comments and ad hominem attacks I receive in a later post.) Wouldn’t it be nice if everyone took responsibility for their statements by revealing their identity?

Brocato’s 911 Call

Steve Brocato, who initiated the escalation of the aggressive confrontation by Milo’s friends on myself and Jason Bland, called the police using the emergency 911 number, as mentioned in the previous post.

[Edited out 911 Call, 7/27/13]

The facts are, as reported by four witnesses, including Mr. Pope and former Councilor Bryan, that Mr. Brocato came across the street to confront Mr. Bland, by yelling in his face and knocking Mr. Bland's cap off of his head. Mr. Bland reacted like many men would, by returning their insults in kind, but he did not assault or harass them to the best of my knowledge. He was clearly ready to defend himself against Mr. Brocato's harassment though, and no vicious insult went unanswered. I did witness Pope and Bryan trying to separate the two men, by pushing Mr. Brocato away from Mr. Bland. Despite the fact that Mr. Brocato came across the street to confront and harass Mr. Bland, Brocato tells law enforcement during the 911 call that Bland is harassing people on the sidewalk and is "trying to start fights with people." These are blatantly false statements given Mr. Brocato's actions, which I and others witnessed and testified to. He says Bland is accusing him of assaulting him, without telling dispatch that he is the one who provoked Bland by yelling in his face and knocking his hat off. When the dispatcher asks him if any alcohol was involved, he responds, " No, no, not at all," even though both he and Milo Pope have admitted that they were drinking.

The police incident report, based on the testimony of the witnesses interviewed, names only one suspect: Stephen Brocato. Interestingly enough, in addition to providing the police with a new building during his term of profligate spending of taxpayer dollars, Brocato was appointed to the 911 Consolidated Dispatch Oversight Board (see last entry) for the term of 09/19/07 to 11/30/11. Wondering if that gives him the right to file false reports on 911.

[9/8/10. I just learned today that the County has changed their website to show that Mr. Brocato's position is now vacant. This occurred in the last day or two. I have also learned that the position held by Mr. Brocato previously, changes with each new appointment of a City Manager. Whomever is the City Manager at the time fills that position on the board. Mr. Brocato's term ended when he was fired, but the County had not updated their website to reflect that fact. The new City Manager now sits on that board. My apologies.-- Chris]

Who are these people?????

Up until recently, I have hesitated to criticize the council for over a year because I did not want to feed the anti-Council hysteria of the recall forces. Fault me for that if you will, but many of us have been on the defensive and focused on combating the destructive irrational vitriol coming from those who simply wanted to destroy the present majority Council at any cost. Given the slate in the upcoming election, I am over that, but I think that it is time to name those who were involved in the recall because so many recall proponents can’t seem to let their animosity go. It should have been done earlier so that when people read the very critical letters to the editor, or if people experience political difficulties in their workplace due to their position of supporting the surviving four Councilors, they can know who supported the recall, and to what extent they did so.

Perhaps this information should have been posted months ago, but I, and others, had hoped that the divisiveness would end without having to clarify who was involved. That has not happened, so in the interest of people being able to connect the dots, I have posted the petitions for the recall of Beverly Calder, even though some of this may be common knowledge. Many of these names are also on the recall petitions for Dennis Dorrah. Take careful note of the politicians, realtor interests, city employees, and constant critics who signed or circulated the petitions against our elected officials in the costly and unnecessary recall campaign. Please do connect all the dots.

When reading the Recall PDF files (below) on Scribd.com, you can click on the "Zoom In" button (magnifying glass with a + plus) on the bottom control panel to see them better. Keep clicking on it until you can easily read the names.

The first 30 pages can be found here on Scribd:

Pages 31 to 70 can be found here:

Pages 71 to 93 can be found here:
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Chapter 130: General Offenses; 130.045 Public Urination

Chapter 130: General Offenses

130.045 Public Urination

It shall be unlawful for any person to urinate or defecate in or upon any street, alley, public place, or in any place open to public view.

(More to follow)

- Milo Takes a Break
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Wallowa Wildflowers, Pt.2; Baker City Gas Prices; Wolf Decision

In This Edition:

- Wallowa Wildflowers Part 2
- What’s with Baker City Gas Prices?
- Federal judge rules gray wolves in Oregon were illegally removed from the protections of ESA
[Edited 8/22/10; segment deleted for personal reasons]
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Wallowa Wildflowers Part 2

Helianthella uniflora

This is the second installment of an article displaying some of the common wildflowers that can be found near the 66 Forest Service Road between Halfway and Twin Lakes (and beyond) in the Wallowa Mountains, Baker County, Oregon.

This 2nd portion of the article begins where the 1st part (July 28th) left off, to the east of Trinity Creek, at about 6300 feet in elevation. There is a short spur road there leading to a rocky outcrop and a sometimes used campsite, where a few of the previously listed wildflowers occur, as well as the first following.

One-flower Helianthella (Helianthella uniflora), is a rather tall perennial with several to many long rangy stems from the base, each one with normally only one large yellow flower at the end. Our usual variety is Douglas' helianthella (Helianthella uniflora var. douglasii). Frankly, I can scarcely tell the difference between the two varieties most of the time, but this one appears to be douglassii. It can be found along the upper 66 Road and on the Hells Canyon Rim, among other areas, often on rocky slopes.

Helianthella was used by the “First Nations.” AKA Native Americans, for an analgesic, usually as a poultice of ground roots, to treat sprains, swelling, and rheumatism.

Helianthella uniflora

In this same area can be found Blue Stickseed (Hackelia micrantha), also known as Jessica sticktight and wild forget-me-not, a widespread and common species in the Blue Mountains of Oregon. It appears in the lower elevations but is prominent in meadows and openings of the middle and higher elevations.

Blue Stickseed (Hackelia micrantha)

According to Wallowa-Whitman National Forest herbarium records, blue stickseed increases in overgrazed areas. “Increasers” in a grazed situation are those plants that increase due to their degree of distaste by livestock, either because they have poisonous properties or due to other factors, such as coarseness and aggravating seeds, or the effects of grazing on the ecosystem itself through disturbance, etc.. Three obvious increasers to look for in the Wallowas and elsewhere, out of the many to choose from, are Hackelia, lupine, and false hellebore (to be described later, aka, skunk cabbage). When pondering a portion of the forest that has been grazed for many decades, you can bet that the plant community you are looking at is quite a bit different from what it was before cattle and sheep were allowed to have at it. Some species of plants and the insects and other species that depend upon them, may be greatly diminished (eg. bunch grasses), or may have disappeared all-together.

Blue Stickseed

Stickseed grows in abundance in more open disturbed areas, whether caused by grazing, fire, campers, timber extraction, or firewood seekers. The seeds, nutlets, have prickly stiff hairs that have small barbs around the tip, as in the photograph above. This characteristic allows the seeds to cling to passing wild animals, livestock, hikers, and their dogs, thus helping to disperse the seeds over a much wider area. You may remember pulling them off your clothing or combing them out of your pet’s fur—great fun! Despite their aggressive seed dispersal “strategy,” most generally appreciate them due to the delicate and attractive flowers.

Although some species of Hackelia were used by some First Nations, for uses such as serious wound injuries and cancer (????) treatment, accounts of use by North West tribes are hard to come by.

Blue Stickseed

Another interesting and attractive, mostly sub-alpine, plant in the area is found close to creeks, from at least as low as Trinity Creek, on up in elevation to Lake Fork Creek, Big Elk Creek, and beyond, and is called Cusick's fumewort (Corydalis caseana Gray ssp. Cusickii), AKA “Fitweed.“ It is consumed by cattle and sheep but is non-the-less somewhat toxic. It apparently gives them fits and may cause losses.

Cusick's fumewort (Corydalis caseana Gray ssp. Cusickii)

It is from a fairly unusual family of plants called the Fumeworts or Fumitory family; the Fumaracea. There are only four genera listed for this family in Hitchcock and Cronquist’s “Flora of the Pacific Northwest,” which includes the familiar Bleeding Heart (Dicentra formosa). Cusick's fumewort is named for perhaps the most famous early botanist/plant collector/explorer/rancher in our area, William Cusick. (The map included in the link shows many plant collection points in Union, Baker, and Wallowa Counties, as well as the rest of Oregon.) Several plants and a local mountain are named in his honor. I first encountered plants named after him in northeastern most California some years ago.

Cusick's fumewort

Acetylcholinesterase (AchE) inhibitors, such as those found in the genus Corydalis, and other members of the family, are thought by some to be useful in treating “Alzheimer's disease (AD), senile dementia, ataxia, myasthenia gravis and Parkinson's disease.” [In Acetylcholinesterase inhibitors from plants]

Heartleaf Arnica (Arnica cordifolia)

Another common and widespread wildflower from lower elevations and on into the sub-alpine elevations of the Wallowas, including the Hells Canyon Rim, is Heartleaf Arnica (Arnica cordifolia). This is a very common montane perennial in North America, including much of Canada, a few northern mid-western states, and appears in the west from the Dakotas south to New Mexico and westward to the Pacific coastal states. It is seen roadside in partially shaded areas along the 66 road and was fading when I was there in July, so I have used photos from other locations during previous trips in the Blue Mountains.

Heartleaf Arnica

It is fairly easy to identify due to its large, heart-shaped (chordate), and usually toothed, lower leaves, and the single large yellow “sunflower” atop the flowering stem.

This plant has been reported to have been used for many ailments by the Native Americans, including bruises, cuts and swellings, sore eyes, and as a “love medicine” (hmmm!).

Heartleaf Arnica

When you get to the streamside and bog communities of the sub-alpine zone, a whole new world of plants presents itself. There are a number of interesting and attractive plants in these communities, some threatened by grazing (more to follow in future blogs). Here is one member of this community from Lake Fork Creek below the 66 Road.

Bull elephant's-head, elephanthead lousewort, or simply Elephant Heads (Pedicularis groenlandica)

Elephanthead lousewort is a lousewort of the figwort family of plants (Scrophulariaceae), which also includes such notables as the Penstemons and Paint-brushes. This non-toxic, spring and summer perennial is quite common in wet or boggy meadow environments from all of the western states, including Alaska, and almost all of Canada.

Bull elephant's-head or Elephanthead lousewort

Elephant heads was ingested by some Native American tribes to treat coughs. Some modern folklore lists the genus as having value for use as “tranquilizers, muscle relaxants, powerful aphrodesiacs, and sedatives.” I am just glad it is out there.

Bull elephant's-head or Elephanthead lousewort

That’s all the time I have for Wallowa Wildflowers-- Part 3 later.

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What’s with Baker City Gas Prices?

Pricing at Jackson Shell

I can hear readers thinking, please tell me something I didn’t already know, but I thought it was worth documenting our relatively expensive gasoline prices. I think paying more for fuel may not necessarily be a bad thing, but the excess profits should probably go for alternative transportation, renewables, and etc., rather than to, well, you know. Those who have traveled beyond Baker City to places as close as La Grande, Halfway, or Ontario, may have noticed that our prices for unleaded regular are almost always higher here than in these nearby communities (I’m not including restricted “card-lock” stations as it seems to me that due to lower labor costs, they should and often do have lower prices.).

The Baker City gas price issue came to my attention again this year when I made trips to or through the nearby communities mentioned over the last three months, and noticed their low price was sometimes as much as 20 cents or more per gallon lower, excluding Halfway. It would be nice if I had solid answers to the question as to why this is so, but I don’t. The hauling distance to these communities, except perhaps Halfway, are not so much higher that the distance alone could account for the differences. In fact, if hauling distance were a large factor, one must wonder why the price in Halfway was a penny lower than Baker City’s lowest price during July and into August. I’m guessing some of you have reached a conclusion of your own, with the initials PG. (Hint—the G stands for gouging.) Another related explanation may be a sort of non-conspiratorial sort of price fixing, where the owners gauge their pricing by comparison to other prices at stations in their captive driver sphere of influence (such as can be seen in many small towns). I hope there is a more agreeable explanation, and if you have one, please send it to me at refugee2000@gmail.com, or simply use the comment facility at the bottom of the blog.

Before I get to far along, here is a graph of the recent historical price in Oregon via GasBuddy.Com, which can be found at oregongasprices.com.

Oregon Gas Price Chart Showing Average Retail Price in Oregon from May 5th to August 5, 2010.

Price for unleaded regular at Oregon Trails RV Park (Oregon Trails West)

During that period, the low price for unleaded regular in Baker City, up at the Oregon Trail RV Park, ranged from around $3.18.9 on May 12th, when the average Oregon price was about $2.95.9, to $303.9 over much of June, July, and into August, when the average Oregon price ranged from $2.83.9 to roughly $3.00. By contrast, the price at the Pilot station at the main freeway interchange in Ontario, hung persistently at $2.95.9, and the price at Safeway in La Grande varied from $2.96.9 to (just recently), $2.99.9 (three cents lower if you have a Safeway card). Baker City gas stations are consistently 3 to around 6 cents per gallon higher than Oregon Trail RV Park. If you were to chart our prices over the same period using the graph above, our prices would be off the chart in a nearly straight line. So far, while the state-wide average has climbed rapidly over the last two weeks, our prices have held steady, but tomorrow is a new day.

Pricing at Gas & Snack on 10th Street

Current Regular Unleaded Gas Prices for Oregon (Average), Baker City, and nearby communities (all from August 4th, except for Gas & Snack, Halfway, Safeway La Grande, and Ontario Pilot, which are from today.). Some prices from August 4th may have increased today.

Current Oregon average unleaded gas price $3.00.9
Shell Station at Highway 7 and David Eccles Road (no gas yesterday). $3.09.9
Jackson Shell just west of the freeway on Broadway $3.09.9
Chevron, just east of the freeway on Broadway $3.09.9
Chevron at Auburn & Main $3.08.9
Truck Corral, just east of the freeway on Broadway $3.07.9
Sinclair Station at Broadway & Cedar $3.07.9
Albertsons Express on Broadway $3.06.9
Gas & Snack on 10th and Church $3.06.9
Oegon Trail RV Park on Cedar/Hwy 86 near the north interchange $3.03.9

Richland Feed & Seed in Halfway $3.02.9
Safeway in La Grande (3 cents less with Safeway card) $2.99.9
Pilot at the freeway in Ontario $2.95.9
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Federal judge rules gray wolves in Oregon were illegally removed from the protections of ESA (From HCPC)

On the heels of the Payette's decision to protect Bighorn Sheep on the Idaho side of Hells Canyon, we are celebrating another big success for wildlife here at HCPC! Today, a federal judge ruled that gray wolves in Oregon were illegally removed from the protections of the Endangered Species Act. The Gray Wolves are now back on the Endangered Species List and will be guaranteed the guardianship they need to thrive in Oregon.

HCPC and other groups have worked diligently to assure the Gray Wolf remains protected under the Endangered Species Act, and with your support it has paid off!

Here are some of the decisions :

The Endangered Species Act does not allow the U.S. Fish & Wildlife Service to list only part of a "species" as endangered, or to protect a listed distinct population segment only in part as the Final Rule here does; and

The legislative history of the Endangered Species Act does not support the Service's new interpretation of the phrase "significant portion of its range." To the contrary it supports the historical view that the Service has always held, the Endangered Species Act does not allow a distinct population segment to be subdivided.

Click here to see the entire decision.

We’re excited about the decision. It allows us to step away from the current controversy and gives us a fresh opportunity to bring all parties together to work on a true science-based recovery plan for wolves. This also gives us time to work on updating the Oregon Wolf Plan without the added pressure of having to simultaneously implement it.

More on Baker City Recall (part 1)

I’m a bit of a partisan in this Baker City recall campaign, as anyone who reads the papers or goes to Council meetings knows, and some of you may be on the other side, but I felt it would be good to transmit some more information about the situation, even though many of you have no doubt already voted. What follows is a much-expanded version of the letter I sent in (350 words is always a tough assignment, at least for me).

There have been many falsehoods and massive distortions, a veritable torrent of trash lately, emanating from the supporters of the recall, as well as from Steve Brocato and his former cronies. The spurious, last minute, tabloid style (think National Enquirer) attacks by Milo Pope and the recall committee show their desperation to convince people of the righteousness of their position, and to once again, turn the truth on it’s head.

Here are a few responses to what the recall proponents have said and additional information to support what supporters of Mayor Dorrah and Councilor Calder have written.

Ethics:

The recall committee wrote that “Many believe State Ethics Law has been violated. The evidence is overwhelming.” They go so far as to say that the Councilors who fired the City Manager were “placing themselves above the law” even though the City Charter says the City Manager “may be removed at the pleasure of a majority of the council.” Milo Pope had threatened to “sue you all” [the 4 councilors who fired Steve Brocato] at the June 9 Council meeting, but he didn’t sue because he knew his claims couldn’t be substantiated. His complaint to the Ethics Commission was returned with the words “the complaint is insufficient for the Commission to take action at this time.” As of last Friday, he did not respond with additional information, because, in my opinion, he didn’t have any. He’s had about three months to provide additional information, but apparently, he realizes that he can’t produce adequate evidence to show that any illegal meeting took place or that any legal actual conflict of interest existed. He and the recall committee have persisted in their claims of unethical behavior and illegal activities, but he and the recall committee have failed to sue or gain the support of the State Ethics Commission.

Here are two images of the response from the Oregon Government Ethic Commission letter that was sent to Councilor Calder, dated August 3, 2009.

The Entire Letter:

The rejection of current evidence:

In his recent paid ads in the local papers, Mr. Pope has said that the actions to fire the City Manager are "dishonorable, thoughtless and harmful" but he says that "I regret having made that threat." Now we now why. Perhaps it was Mr. Pope who was being, and has been since his election to the Council, "dishonorable, thoughtless and harmful" by making charges that can't stand up and that encouraged Mr. Brocato's patrons to pursue this incredibly divisive and damaging recall.

As I wrote in a previous letter to the editor "You may remember that when the last City Manager was summarily asked to leave, (Gordon Zimmerman, current City Administrator of the City of Oakridge), he graciously said "When the council says it's time to go, it's time to go. . . . . " There comes a time when the council wants to choose their own man."

Special interests:

Of the first 629 petition signatures submitted, I estimated that over 44% of the petition circulators who gathered those signatures were, or were closely related to, police/dispatch personnel and realtors, far, far in excess of their percentage of our population. Sunfire Real Estate, Greg Sackos, and the Petry’s have been heavily involved in this recall effort, either through donations or the work of themselves, and one or more Intermountain Real Estate agents. Several police employees actually circulated petitions and over 50% of the force supported the recall in some way or another. Milo Pope, in his ad, says that “The Chief correctly declined [to eject the boisterous members of the audience, mostly city employees and relations so as to restore order], and stated that he worked for the city manager.” If that statement is true, and that is what I think I observed, then the Chief may not really understand that he works for all the citizens of Baker City, not just the City Manager (can you imagine the consequences???). Does it also explain why the police department engaged in a campaign to harass Beverly Calder in recent years as well? Many City administrators signed the petitions and pushed the recall. The unprofessional support, by many city administrative staff, of the City Manager during the June 9th Council meeting also seemed to indicate that they too felt they worked for Mr. Brocato, and not the Citizens of Baker City.

Why would the Police Department and City Hall employees show such strong support for the recall? Well, really, who could blame them. The city administrators and police department know which side their bread is buttered on. At least one, if not two, employees mentioned the ease of the last contract negotiations as reasons to retain the City Manager. Brocato granted a new over-priced police building, exorbitant raises, bonuses, promotions, and generous COLAs over a 5 year contract period, as we entered the worst recessionary downturn in decades.

A sergeant’s salary with 5 years on the force, goes from $51, 876/yr to $61, 224/yr plus generous benefits under the Brocato negotiated contract, but the cost of living has fallen during the current period. (is that not an 18% increase over 5 years, at 3.6%/yr in that classification?)

[CORRECTION (9/14/09): I wrote in my blog and in an LTE: "A sergeant’s salary with 5 years goes from $51, 876/yr to $61, 224/yr plus benefits under the Brocato negotiated contract" I should have said "A sergeant’s salary with 5 years goes from $50, 784/yr to $61, 224/yr plus benefits under the Brocato negotiated contract"

This is a result of a series of raises from the year before the contract to the end of the five year contract, plus a step increase which is allowed by the contract from step 4 to step 5. I took the information about the raises right off the table in the '08 Police Labor Agreement. I used the figures in the table in "Exhibit A." I made a mistake on the beginning figure and I regret the error. It is actually worse than those original figures indicate. (not sure how it happened, probably read the wrong column) It is a five year contract and you begin with the salary they were making just prior to the contract ($4232/Mo X 12=$50, 784/yr), the first table in the set at step 4. Follow the table to the end of the contract for a sergeant in the year before the Brocato contract, to the end of the contract, which is five years later (10 plus total years) so moves the sergeant to step 5 ($5102/Mo X 12=$61224). Thats a 20% increase over the life of the contract from the salary the sergeant was making just prior to the contract. These figures don't include overtime.]

I believe he was warned, and certainly should have realized, that the bubble was about to burst, and the taxpayers are paying for his generosity, ultimately approved by the Council, despite their own declining circumstances in this predictable recession.

I believe realtors favored Brocato’s push to gentrify the neighborhoods so as to increase property values and their own commissions, and have other reasons as well. He and the City have been very accommodating of their input (but maybe not yours) during the recent codification process. The rest of the circulators were the three disgruntled Councilors with an apparent grudge against Beverly Calder, a Councilor who lost in the last election (Terry Schumacher), his daughter and son-in-law at the Sycamore Tree establishment, other assorted relatives of the recall proponents and supporters, and Brocato loyalists.

Cronos “Resignation”:

Cronos lost money in the 22 months Brocato was President of Cronos Containers Limited. (“After reporting cumulative losses for 1997 and 1998 of approximately $40 million, the Company reported a net profit of $1.9 million for 1999. Furthermore, for the first nine months of 2000, the Company reported net income at $4.3 million.” See: SEC http://esignal.brand.edgar-online.com/EFX_dll/EDGARpro.dll?FetchFilingHTML1?SessionID=Rj7eWJ8wl5M7tsB&ID=1349871&AnchorName=HH_&AnchorDistance=0&BeginHTML=%3Cb%3E%3Cfont+color%3D%22%23cc0000%22%3E&EndHTML=%3C%2Ffont%3E%3C%2Fb%3E&SearchText=%3CNEAR%2F4%3E(%22RUDOLF+J%22%2C%22WEISSENBERGER%22) )

Dennis Tietz “was elected Chief Executive Officer of the Company on December 11, 1998, and Chairman of the Board of Directors on March 30, 1999.” Mr. Tietz had been cleaning house after the securities fraud scandal. Mr. Brocato “resigned” on the day that Mr. Tietz became Chairman of the Board. (See: SEC report http://google.brand.edgar-online.com/EFX_dll/EDGARpro.dll?FetchFilingHTML1?ID=4650&SessionID=bwD6WC9Jmy7f4w7 ) Only then did the company turn around.

[See also “Cull at Cronos”:
“May 1999

Cull at Cronos
Hard on the heels of the "resignation" of president Steve Brocato, a number of other Cronos Container executives have lost their jobs as part of new chairman and CEO Dennis Tietz's US$5-6 mill SG&A reduction plan... “ (WorldCargo News Online; http://www.worldcargonews.com/htm/o995wcn1b.htm )]

Former colleague John Foy wrote “Because of his personality and way of dealing with people, I predicted that Steve would last around two years as City Manager.” (See: http://www.bakercityherald.com/Letters/Letters-to-the-Editor-for-July-1-2009 ) Another described him as “rough around the edges and irritating at times.” (See: http://www.bakercityherald.com/Columns/Another-viewpoint-on-Steve-Brocato )


Why did the Council Fire the City Manager?

The qualities described above are the reasons the City Manager was fired, as articulated by the Council and Baker City citizens on several occasions. Mr. Pope describes the citizens who have been vocal about their poor treatment by Mr. Brocato, and those who have appeared before Council to support the Council’s action as “village scolds and professional politicos,” even though some are former Councilors, like himself (Professional politico? Scold?), and others have displayed intelligence and well thought out comments, however disagreeable to Mr. Pope or others on the Council and elsewhere. In my opinion, these statements, and others he has uttered along the way, betray a deep lack of respect for the democratic process, and yes, arrogance. Mr. Pope complains that the people, organized by the seemingly pampered administrative city employees and other pro-Brocato forces, to show up in intimidating force at the June 9 Council meeting were not allowed to speak, even though he himself has not allowed myself to speak for the same length of time as other citizens at a Council meeting (“you are wasting our time” or something like that). The committee referred to the four Councilors as using a “lynch mob approach” in firing Brocato. Anyone who witnessed the spectacle at the June 9 Council meeting knows that it was the organized audience of city employees and Brocato loyalists who presented the image if a “lynch mob.”

Recall Committee

The recall committee claims that the Councilors acted above the law, but what about the recall committee?

I filed a complaint with the Elections Division of the Secretary of State’s office on August 13, 2009, asking them to look into the reasons why the recall committee had not filed any financial statements with their office, as required by law, even though they had been spending money on the recall since around the third week of June.

After looking at the evidence I produced, the Ethics Commission told the committee about their lack of legal filings, and sent both the committee and myself a letter. The letter, dated September 1, 2009, stated, in part:

“The committee will be notified in the future (pursuant to ORS 260.232) of the proposed civil penalty and you will be given an opportunity to request a personal appearance hearing or submit written testimony to resent any mitigating circumstances which may have caused the late filings should the committee receive a notice of proposed penalty.”

The recall committee also made what can only be called false or misleading statements about the recall. On September 16, 2009, the Baker City Herald reported that:

“Dorrah and Calder have filed complaints with the Oregon Elections Division against recall proponents Hardy, Kathye Corn, who’s the campaign secretary, and John Heriza. The councilors accuse the trio of making “false and misleading statements” in the recall petition.” ( http://www.bakercityherald.com/Local-News/Recall-elections-looking-likely )

Here is the information in Councilor Calder’s complaint against the recall committee:

“September 8, 2009

State of Oregon Elections Division
Attn: John Hamilton

To Whom It May Concern;

I, Beverly Calder, am writing to register a formal complaint against Chief Petitioner Jamey Hardy, Treasurer Kathye Corn and John Heriza for the false and misleading statements made in their Petition to Recall Beverly Calder, member of the City Council or Baker City, Oregon.

I have recorded each of the accusations from the petition in bold italic followed by my refutation statement. Additionally, I have listed comments received about questionable handling of the petitions themselves. Unfortunately, in a small community such as Baker City most citizens are afraid to register a complaint. This has been compounded by the fact that the city police department has been so actively involved in this dispute. I have attached a couple of letters illustrating some of the contentiousness existing with two of the city councilors. I can provide specific dates, minutes of meetings or any further information as needed.

Thank you for your time and consideration of this matter.
Beverly Calder
Baker City, OR 97814

Charges Made in the Petition to Recall Beverly Calder

• Beverly Calder continues to demonstrate her inability to work effectively with other council members.

I admit it is difficult to productively deal with a councilor who accuses me of practicing Wicca and having a diagnosable mental illness in e-mails shared among councilors, city staff and members of the public. However, my only response to disrespectful remarks and comments made by two (of seven) councilors in public session illustrate this kind of character assassination is to calmly invoke Resolution 3407 outlining guidelines for council behavior, specifically regarding how we speak to one another. I seek to be as inclusive as possible on all issues coming before council. I am clearly on the majority side of substantive public issues and I seek to frame the issues with research and by seeking public input.
One example was my service on the committee to fund sidewalk improvements. We gathered input from citizens on all sides of the issue and brought a recommendation to council, which passed unanimously. This public program is a rousing success. I do my homework. I am informed. I have been at every work session, not all of which have been attended by my detractors; I come prepared, I ask questions and I am effective. I have been elected twice by the people in spite of the pervasive, documented and public calumny from city management and certain councilors.

• Calder says she wants more citizen participation, yet she went along with the mayor to deny citizen involvement in the recent firing of the city manager.
I did support the mayor’s process, which was appropriate for a personnel matter.
My history shows a strong effort to encourage citizen participation: I sponsored a bus to bring citizens to council meetings from the senior centers. I poll citizens on issues before the council; I encourage people who speak to me about issues to attend the council meetings and speak. I have advocated for years to allow 3 separate readings of new/amended ordinances in order to allow the public 2 additional weeks to comment.


• Calder places her own agenda ahead of the interests of the citizens and has contempt for anyone who disagrees with her.
I have served two terms on the council and I have not folded when under extreme attack for voicing opinions different from the former city manager’s or the councilors who have supported him unquestioningly. This is not in my best interest, but it is my duty, and it certainly doesn’t further any personal agenda. Chief Petitioner Jamey Hardy told me that my “agenda” was displayed when I ran for the school board 2 years ago. She stated the Baker City would have a new Middle School if not for me. I was part of a large group that wished to keep the conversation about building options going following 2 failed bond elections for a new structure. I was putting the interest of many citizens ahead of my own by stepping up. There was no monetary consequence one way or another and no expectation of any. I was not elected but was able to foster healthy discussions about maintaining and repurposing our buildings. When I am treated with contempt I have responded by holding the attacks up to the light; I cite the City Charter and Resolution 3407 (Council Rules) and the extensive research that underlies my opinions. I maintain my dignity. Exposing attacks is not contempt, however uncomfortable it may be for the perpetrator.


• She acts independently of the city council to advance her interest despite the needs of the city.
My interest is to perform due diligence as an elected official. The needs of the city, any city, are to have diligent and unbiased councilors. My interest as councilor and the needs of the city are one and the same. I have no personal or business agendas that influence my reason for serving or my decisions. I form my opinions on the facts, the research and the input of citizens. Examples that may be cited against me were actually to the benefit of the city and its citizens. A year ago city management and the Police Chief advised that a liquor license be denied to Pizza Hut because of an old felony conviction of its manager of 15 years. I contacted our regional OLCC inspector to ask if they had reservations about renewing this license and he said “no.” The franchise had a new owner and the renewal was simply a housekeeping matter.
I either preserved the job of a family man who had paid his debt to society or I preserved the right of the restaurant to compete on a level playing field. The recommendation for denial was discriminatory and arbitrary. I shared the information I gathered with the council which then ruled to support the new license.

• Calder’s positions on issues are controversial and inconsistent with the public good.
This generalized remark cannot be proved or disproved. It is the remark of someone who disagrees with me. I recently advocated going against the recommendation of the police chief on two occasions to deny gaming licenses to local bars and have voted in the minority against the denial of licenses. My vote represented the many citizens who came to speak in support of allowing the gaming license and my confirmation from the police chief that the gaming was not related to any of the problems at either business. I was elected to take a position; my vote represents groups of citizens and my best judgment. Is everyone who takes a position contrary to the wishes of city management or is in the minority on a vote “controversial and inconsistent with the public good?”

Regarding the collection of signatures on the petitions:
These comments were related to me by citizens who, at this point, are afraid to file formal complaints.

Former City Finance Director Laura Harryman was approached by BC Police officer, Shannon Regan in the city park and asked for her signature on a petition. When she stated she lived outside the city limits, she was told she could sign it anyways.

Former Councilwoman Peggi Timm saw a petition placed on an ‘un-manned’ table in The Sycamore Tree, a downtown retail store. No one was there to witness signatures. Several of the pages turned in were signed by the owners of The Sycamore Tree, Jacquelyn and Lance Adams.

Don Fink, who currently has a contract for services to maintain the city cemetery and parks was approached by a uniformed BC Police officer. The officer retrieved the petition from his patrol car and asked Don to sign.

Andrew Bryan, City Councilor, made several untrue statements about my business, BELLA Main Street Market, my employees and my mental health to Bea Jean Haskell, a resident of Baker City when he was going door to door collecting signatures.”

Many have had their thoughts expressed. I have obviously presented only a part if the case against the recall and hopefully will find time to present more information, even if it is just a post-mortem. There simply isn’t time for a line-by-line rebuttal of so many false or distorted “facts” that recently issued forth from the perpetrators of this crime. I wish that the local press had presented much if this information, as most is largely public record and readily available. We read the charges in the paper, but there has been little to be read about Dorrah’s and Calder’s response, and few serious questions about the recall committee’s behavior. You will decide for yourself whether you think their outrageous claims and actions, which have turned neighbor against neighbor and family member against family member, were worth it.