>La Grande Observer | Union and Wallowa Counties' News Leader

Union County likely will make appointments to replace local city councilors who resigned recently over ethics reporting requirements, according to discussion during Wednesday’s Board of Commissioners meeting.

The process for replacing those who resigned varies according to city charter, county attorney Brandon Eyre told the board. Much depends on whether any people remain on a city council.

If the task of filling the seats falls to the commissioners, they may recruit appointees or advertise for qualified applicants, Eyre said.

“It’s clear you will have appointment power. You have some wide latitude, and I recommend you make the appointments as soon as possible,” Eyre said.

In Elgin, the entire city council resigned. In North Powder, all councilors resigned, though Mayor Bonita Hebert stayed on; and in Summerville, Mayor Sherry Rogers chose to stay while the rest of the council quit.

Other local governing bodies affected include the Elgin planning commission, which resigned en masse in March. Also, the Enterprise Planning Commission is without a quorum because of resignations.

Eyre said a solution in North Powder would be for Hebert to resign, then be re-appointed. That move would eliminate the need for a costly special election.

“It would avoid a long, drawn-out election process,” Eyre said.

Resigning before April 15 and accepting re-appointment after that date appears to exempt officials from filling out the annual Statements of Economic Interest, as required by state law.

Some of the departed officials, particularly in Elgin, have said they would consider re-appointment now that the date is past.

“The law is clear. If you are not in office April 15, you are not required to fill out the form,” Eyre said.

But a question still to be resolved is whether those appointed or re-appointed would need to fill out the quarterly ethics reporting forms required by the law.

Elgin City Recorder Joe Garlitz, present at Wednesday’s county board meeting, said that according to state statute people appointed after April 15 do not have to fill out the quarterly reports. Hebert said the state ethics commission told her the opposite.

The board took no immediate action on appointments or re-appointments, though Commissioner Steve McClure said it is important the situation be remedied as quickly as possible.

“I suggest we get on to business as quickly as we can,” he said.

In other discussion, Commissioner Colleen MacLeod said she doesn’t think the mass resignations gained local officials any sympathy in the state capital.

“In Salem they’re saying, ‘Oh, it’s just a bunch of disgruntled people who have never had to report before.’ There’s no talk about unfairness,” she said.

Gov. Ted Kulongoski has appointed a task force to look at the ethics reporting controversy, and the Legislature is expected to review the reporting requirements during its 2009 session.

MacLeod expressed some doubt that significant changes to the law will be made.

“If it doesn’t get changed, we’re going to be right back here,” she said. “People should keep in mind that in 2009 there may not be a fix.”

Board Chair Nellie Hibbert said she stands behind the local officials.

“I find (the reporting requirements) onerous and an invasion of privacy. I’m heartened the governor has appointed a task force to look at this,” she said.

In a related matter Wednesday, the board unanimously approved a resolution calling on the state to suspend the reporting requirements until the legislative review.

“It’s the direction we need to go in order to put more pressure on our legislators about the ethics law,” Hibbert said.