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Court Denies CCC’s Late Request to Opt Out of Linn County Lawsuit

Clatsop Community College Board of Directors’ heard the response from the Circuit Court of Oregon concerning their late request to opt out of the Linn County Lawsuit at this month’s board meeting held Tuesday, March 14th in Seaside, Oregon. The letter from the Court addressed to the college’s president, Chris Breitmeyer, stated that they had received the letter seeking to withdraw from the certified class action lawsuit and pointed out that the deadline for the withdrawal had passed. Circuit Judge Daniel Murphy conveyed in the letter response that the Court “cannot grant your withdrawal absent the agreement of the parties or some evidence that you did not receive proper notice. Absent that Clatsop Community College remains a plaintiff party to the class action”.

The College’s Board originally voted 4-3 to opt out at a special board meeting on January 24 with all members present except for one who chose to vote via email. All board members understood the written letter to opt out of the lawsuit had to be post marked by the 25th, making it a quick turnaround time. After that meeting, a concerned constituent sent a voicemail to Clatsop Community College board member Karen Burke questioning the validity of one member submitting their vote via email for opting out of the Linn County timber lawsuit. No one at the special board meeting questioned the validity of the email vote at that time.

After a discussion with Karen Smith, CCC’s general counsel at the Oregon Community College Association (OCCA) it was determined that a vote via email is not considered a valid vote by proxy, thus making the email vote invalid and creating a 3-3 tie. According to Smith, a 3-3 tie meant no action could be made concerning the opting out of the lawsuit. Oregon Public Meeting laws also did not allow the board to meet without a 24 hour notice to the public creating a situation where the board could not reconvene before the opt out deadline is over.

Inquiries to John DiLorenzo of Davis Wright Tremaine LLP law firm that is handling the Linn County Timber Lawsuit were submitted at January 25th to find out if an extension is possible for submitting an opt out letter. DiLorenzo responded that the college would have to directly inquire to the circuit court to ask to withdraw from the lawsuit. Chris Breitmeyer sent the letter asking to opt out which the court received on March 2nd  and responded March 6th.

 

Non-Discrimination

It is the policy of Clatsop Community College that there will be no discrimination or harassment on the grounds of race, color, gender, marital status, religion, national origin, age, sexual orientation, gender identity or expression or disability in any educational programs, activities, or employment. Questions or complaints should be directed to Leslie Lipe, Affirmative Action/Gender Equity (Title IX) Officer in Towler Hall, Suite 110, 503-338-2450; TDD 503-338-2468. The Title II/Section 504 Coordinator, Lisa Deneen, is located in Towler312b, 503-338-2474.

Accommodations: Persons having questions about or a request for special needs and accommodation should contact JoAnn Zahn, Vice President of Finance and Operations, at Clatsop Community College, 1651 Lexington Avenue, Astoria, Oregon 97103, Phone 503-338-2421 or TDD 503-338-2468. Email special needs and accommodation request to requests@clatsopcc.edu. Contact should be made at least two business days in advance of the event.

 

Declaración de no-discriminación

Es la política de Clatsop Community College que no habrá ningún tipo de discriminación o acoso por razón de raza, color, género, estado civil, religión, origen nacional, edad, orientación sexual, identidad de género o expresióno discapacidad en los programas educativos, actividades o en la contratación. Preguntas o quejas deben ser dirigidas al Leslie Lipe, Oficial de Acción Afirmativa / Título IX localizado en la Towler Hall número 110, número de teléfono 503-338-2450, TDD (discapacidad auditiva) 503-338-2468. El Coordinador de la Titulo II/Sección 504, Lisa Deneen, se encuentra en Columbia Hall numero 304, número de teléfono 503-338-2474. Para ADA y otras peticiones de servicios llame al 503-338-2474 o para TDD (discapacidad auditiva) 503-338-2468.

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