Three SC water items in hands of legal counsel

Legal documents flow where water can’t in Shady Cove.

On the afternoon of July 1, the Jackson County Elections department recorded receipt of  attachments to the May 19 Notification of Results for the Shady Cove Water District election.  There were two attachments dated June 18, 2009 signed by James Collier as manager of the water district, wherein he took exception to the issuance of certificates of election by the five candidates that were elected to the board of directors by the voters of Shady Cove.

The general reasons for the exception, according to Collier include:
• Each have a direct financial conflict with the water district.
• Each violated state election law by not filing a PAC form with the water district.
• Each violated election law by circulating political material without proper identification.
• Each violated state election law by spending money without proper registration.
• Each publicity said they planned to dissolve the water district, in direct contravention of the oath of membership required in the district by-laws adopted in Dec. 2002, amended in July 2005 and in Apr. 2009.

A second attachment declares the current board (Wayne Barnes, Olin Shanrock, Dee Hawkins, Judy Shanrock and Robert Hawkins)  qualified to receive the certificates of election as no one else that is qualified has received more votes than each of these persons. 

Collier’s statement says, “They are qualified on the basis that they have worked, against odds, to try to provide public water to the citizens of the District. They have supported the goals and policies of the District. They have stated, many times, their interest in providing Public and Affordable water to the District citizens.”

The document is currently in the hands of legal counsel, according to the elections department.

On July 7, a Petition for Change of Organization was filed by Gary Endicott and John Burgess. It was accompanied by a number of signatures of Shady Cove residents. The petition asks for dissolution of the Shady Cove Water District, pursuant to ORS 198.705- 198.955.  And it asks that all assets of the district be transferred to Jackson County. Provisions will be made for payment of any valid indebtedness. However, it is the position of the petitioners that only valid indebtedness of the district would have to be voter approved (ORS 264.350). There has been no voter approved indebtedness, therefore, no valid indebtedness, according to the petition. 

This petition is in the hands of county legal counsel.

And a writ protesting disqualification of the candidates voters elected May 19 is in the hands of legal counsel, as well.
By Nancy Leonard
Of the Independent


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