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Stern's recusal on landfill decision stirs debate

Environment | Sat, 03/21/2009 - 7:51 am | Read 4613 | Commented 5 | Emailed 4

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Yamhill County Commissioner Mary Stern (left) explains why she will not vote on Riverbend, while Commissioner Leslie Lewis looks on.

News-Register / Marcus Larson

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Below are excerpts from the statement read at Thursday's hearing on Riverbend Landfill by Yamhill County Commissioner Mary Stern, who recused herself and will not vote on the issue, followed by responses from the Yamhill County Republican Central Committee and its Democratic Party counterpart:

COMMISSIONER STERN

I must disclose a conflict of interest.

As you know, my husband, Matt, is a manager at Western Oregon Waste or WOW. WOW is one of Riverbend's largest customers. Although my husband is not an owner or shareholder of WOW, his compensation is in part dependent on the overall performance of the company.

Should the landfill be allowed to expand, WOW customers will benefit by having a low cost disposal option nearby. WOW publicly supports the landfill expansion.

Should this land-use application be denied, and the landfill close in 2014, WOW would likely play a larger role in the transfer and disposal of waste generated in Yamhill County. Under the current WOW structure, some part of this management may be undertaken by my husband.

Either way the vote on this application turns out, there is a financial connection to my husband, and thus to me.

The state Ethics Commission has said there is a potential conflict of interest, but not an actual one. I spoke with Ron Bersin, executive director of the Ethics Commission, for further explanation. His explanation was that since the landfill is not scheduled to close until 2014, I have only a potential conflict, as there is no guarantee that Matt will still be working at WOW at that time.

This makes no sense to me.

Matt has worked at WOW for more than 11 years. WOW's been part of my family longer than my daughter!

As the company has grown, Matt's responsibilities have increased. Matt loves his job and his work family at WOW, and has no plans to leave.

Mr. Bersin assured me that despite the Ethics Commission's opinion, it is my call as to whether or not I should vote. The final decision on my participation in this matter rests with me.

I have mulled over this decision for months, but can't shake the fact that there is a financial impact to my family. I have consulted with several attorneys whom I trust; they believe I should recuse myself.

The conflict of interest is real, whether actual or potential. The appearance of impropriety is blatant if I vote, regardless of how.

Therefore, I will not be voting on this matter.

I realize there are some who will say that I am taking the easy way out on a difficult decision, for political reasons.

Believe me, this has not been easy.

I have never been afraid to make tough decisions as commissioner. I have made many and will continue to do so.

This is not a matter of whether or not the decision is tough, either on the merits or politically. It's a question of whether it's ethical for me to be involved in this decision.

I do not believe it is. To me, there is a clear financial impact which could taint my decision.

- Mary Stern, Yamhill County Commissioner

REPUBLICAN PARTY

Commissioner Mary Stern was hired to do a job and is failing the county of Yamhill greatly. Being one of three countycommissioners, and making the money we pay her, ducking an issue is not acceptable.

We call on Commissioner Stern to vote or resign.We do not pay her for non-votes.

We feel with what is at stake, she needs to do her job. If she can't, then she should step aside and we (should) replace her.

We do not believe her, that her husband's jobis a conflict and it is causing real grief. We think it is theatrics, andshe is looking ahead to her upcoming re-election campaign in 2010.

Leaders make tough decisions. Image-watchers do not.

- Neal Lockhart, Yamhill County Republican Central Committee

DEMOCRATIC PARTY

The Yamhill County Democrats applaud (Commissioner Mary Stern's) open, ethical stance and would like to see more public officials give the public due consideration.

Some parties are crying foul for imagined efforts to "avoid a tough decision."

Commissioner Stern has never shirked from tough decisions, often providing the lone voice on the commission for more open county government and taking a broader view of issues and their impact on the residents of our county.

In some cases, mere notification of a potential conflict without a recusal would be appropriate. However, as a county commissioner in a land-use hearing, the commissioners have a quasi-judicial role that certainly justifies the high level of integrity that Commissioner Stern is showing.

- Will Neuhauser, Yamhill County Democratic Central Committee

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Sat, 03/21/2009 - 11:57pm - Posted by: dbates

I received in my email this evening an important clarification, which didn't come my way before the News-Register went to press Friday night. It appears that it was sent to the paper late Thursday, but it was addressed to an N-R staffer who hasn't worked there for several months.

Anyway: The Yamhill County Central Committee / Republican Party did not authorize the statement above. It was the opinion of one individual, Neal Lockhart, who is a spokesman for the party and said on Saturday that he "was premature in releasing that
statement."

Sat, 03/21/2009 - 5:02pm - Posted by: anglingaddict

I applaud Mary Stern for doing a thorough job in researching the potential consequences that her participation in this issue could bring to both her personally and the county. I respect the decision that she made. I only wish her fellow commissioners could do the same, whether they agree with her or not! This goes not only for Leslie and Kathy, but for Mary as well. She has made "not so nice" comments regarding her fellow commissioners decisions in the past as well. It would be much nicer to see them all think a bit more before opening their mouths to make a statement that will undoubtedly end up splattered in the paper, fueling yet another dramatic "feud". A much better response when asked about their thoughts on one of their fellow commissioners decisions would be that "it was their decision to make and I respect that", period, if they can't refrain from getting personal or inferring some political agenda.

Next, SHAME, SHAME, SHAME, SHAME, on Mr. Lockhart and Mr. Neuhauser!!!!!! Why you may wonder!? The County Commissioner positions are NON PARTISAN!! NEITHER party has any business submitting statements whether in support or against, only to try and inject their divisive agendas into our local county business. These two gentlemen should have submitted their opinions the same way I am submitting mine, or send a letter in to be printed. But it should be as their opinions, not for either party's!

Thanks for taking the time to read my $.02 !! :)

Sat, 03/21/2009 - 4:28pm - Posted by: Deborah Johansen

Anyone that truly knows Mary knows her to be honest, ethical and with only the very best of interests in mind for Yamhill County. So sad to read that the spokesperson for the Republican party said, "we don't believe her..." Why on earth would she lie? You can bet down the road that if she did vote she would be nailed for impropriety. She's damned if she does and damned if she doesn't. Give her some credit for trying to do the right thing.

Fri, 03/20/2009 - 3:46am - Posted by: Fleadog

According to "the poll on the right" the majority people are willing to do anything but O.K. the expansion outright. We are just a bunch of stupid, greenie, left wing, bleeding heart morons who care about our surroundings. Cool.

Wed, 03/18/2009 - 12:23pm - Posted by: guyeveringham

I believe this is the right decision. I see a clear conflict of interest and now this important decision will not be overshadowed by the question of whether Mary's vote was influenced by her husband's employment.

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