Posted: Wednesday, September 24, 2008 12:00 am
Alexander contends Kennedy's statements show 'moral unfitness to practice law'
By Jennifer Moody
Albany Democrat-Herald
LEBANON - Rick Alexander has filed a complaint with the Oregon State Bar Association against a Lebanon attorney who is attempting to have him recalled from the Lebanon School Board.
Alexander submitted the complaint last Thursday against John "Tre" Kennedy, president of the Lebanon Citizens Alliance for a Responsible Education System, which is leading the recall effort.
Assistant General Counsel Scott Morrill replied Monday to Alexander, saying more information is needed, particularly about how Kennedy's conduct affects his fitness to practice law, to determine whether the complaint merits further investigation. Alexander's deadline is Oct. 6.
In the complaint, Alexander accused Kennedy of making "knowingly false public statements" saying Alexander and board member Josh Wineteer have violated Oregon's public meeting law. The complaint says Kennedy's statements "evidence dishonesty and moral unfitness to practice law."
Alexander also accuses Kennedy of running the recall campaign through his law office.
Alexander told the
Democrat-Herald he was aware the CARES recall literature, which is posted on its website and was distributed to voters over several weeks, accused him of violating meetings laws but that he chose to wait to submit a complaint.
"I was hoping they'd apologize or come up with the proof," he said. "When did I violate it, and how did I violate it? Nobody's come forward to tell me exactly what I did and how I violated it."
Kennedy said CARES is not operated out of his law office, nor is he leading it as an attorney or legal partner. "What I do on my own time is my own," he said.
He said it is his personal opinion that Alexander and Wineteer violated Oregon's public meeting laws, but he recalls saying so only as a part of the recall literature.
That information cites two specific incidents: public board meetings in June and September 2005.
On June 6, 2005, Alexander told his fellow board members he had been in discussions with incoming board members about changing the administrative structure at the high school. In September, fellow board member Sherrie Sprenger said she had ended a call with Alexander after he called her about the small-schools organization at the high school and told her he'd like everyone to be on the same page in setting a vote on the organization.
Alexander said later Sprenger had misunderstood the intent of his call, saying he wanted only to set aside time for a special session on the issue, not to organize votes on the issue itself.
Alexander said he has never met simultaneously with two other board members outside of public session, which would constitute a quorum.
However, he said, he has discussed "problems in our school district, problems with parents" with other board members outside of meetings.
"You have a right to talk to another board member. There's no statute that says you can't talk to other board members," he said. "You can't operate a school district in a vacuum. You've got the right to ask other board members questions."
Kennedy acknowledged he knows of no statute specifically prohibiting "serial meetings" held by telephone or e-mail with representatives one at a time.
However, he said, "I think, without a doubt, it violates the heart of the public meeting laws."
Ballots
Ballots have been mailed for a special election to ask voters whether two members of the Lebanon School Board, Rick Alexander and Josh Wineteer, should be recalled.
Ballots are due by 8 p.m. Oct. 7. If voters agree to recall either one or both, the remaining three members of the school board will appoint replacements.