BOLI has confirmed that BOLI is dismissing the case against both Grafton and me. The dismissal is, in part, because case law requires that the employer must have been found responsible for subjecting the employee to a civil rights violation. In other words, the case was malicious and without merit from the start.

A terribly sad commentary.

When you read the Oct. 13, 2011, transcript, you will see that Moore, Phillips, Kehoe, Kemper and Cardwell discussed that this BOLI is their fourth malicious attempt to damage my reputation. Now number four has also failed.

To quote Lee Moore to Phillips, Kehoe, Kemper and Cardwell during their planning session on Oct. 13, 2011, “I mean this is a bridge you’ve crossed three times already ... and all it’s doing is costing us money.”

And it certainly has cost the ratepayers plenty! Because the legal bills are kept secret from the board, no one even knows how much it has cost. Working from the limited information I have, which is principally from looking at redacted invoices for less than two years, and ending April 2012, at least this much has been spent.

False and Malicious Complaint 1

Criminal Complaint filed by Moore — Cost unknown. Complaint died in Clackamas County District Attorney’s office.

False and Malicious Complaint 2

Oregon Government Ethics Commission complaint — Minimum $5,000 - Dismissed Oct. 7, 2012.

False and Malicious Complaint 3

Email Litigation complaint — Minimum $25,000 through April 2012 — Dismissed July 25, 2012, under anti-SLAPP law.

Improper gag order put in place.

Additional undisclosed legal expenses paid to Stoel Rives to fight the appeal of the gag order in unknown amount. That will be heard by the Appellate Court on May 17.

Holloway and Mitchell have paid their own legal bills for the appeal.

False and Malicious Complaint 4

Vance Voyles BOLI complaint — Minimum $23,500 through April 2012 — Dismissed Feb. 27.

Dean Phillips edited the Leachman report, and Lee Moore put it online on the CRW website for almost a year.

Dean Phillips declared a conflict of interest between CRW and Grafton and Holloway in his April 26 email, “Because of the conflict of interest in this matter and in order to protect the attorney-client confidentiality, I must maintain the communications on this matter directly with those members of the Board not having a personal and actual conflict of interest. Once information becomes public information in the OBOLI files you will be entitled to receive that information along with any other member of the public.”

False and Malicious Action 5

Participation with former Clackamas County Board of Commissioners to usurp CRW voters’ right to have vacancies filled by their elected commissioners — Minimum $35,000 and growing.

Pat Holloway is a commissioner for Clackamas River Water.

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