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Oregon City Attorneys Association

Legal Issues Workshop

Thursday, September 26, 2013 ▪ 9:00 a.m. – 5:00 p.m.


SPEAKER BIOS


Public Contracting 101

David F. Doughman became a partner with the Beery Elsner & Hammond in 2009.  He specializes in land use and public contracting issues and has a solid base of knowledge on a wide array of municipal topics, including development review and actions before the Land Use Board of Appeals (“LUBA”). He devotes a significant portion of his practice to assisting clients with development agreements, infrastructure financing and construction and the provision of public utilities to existing and growing populations. He is the firm’s procurement expert.



Use of Force Policies

David Woboril was a Public Defender in the 80’s, joined the Portland City Attorney’s Office in 1989 as a tort and police force litigator, and has been Portland’s police legal advisor since 2002. Mr. Woboril represented Portland during the United States Department of Justice investigation of the Portland Police Bureau’s use of force, helped negotiate a settlement of the claims, and is part of the team implementing the settlement.

Land Use Issues and Update

Carrie Richter works for Garvey Schubert Barer in Portland where she specializes in representing business, community, and government entities in land use planning and municipal law.  Ms. Richter acts as deputy city attorney for the Cities of Oregon City, Island City and Rivergrove.   She currently serves as the Chair of the Portland Landmarks Commission.  Ms. Richter is actively involved with the APA – she is the Chair of the Planning and Law Division of the national APA and a member of the Continuing Education committee as well as LPAC for the local Oregon Chapter.  She contributes to a monthly column in the Daily Journal of Commerce -Oregon and frequently lectures on Oregon’s land use across the country.
Edward Sullivan concentrates his legal practice in matters involving planning, administrative and municipal law. He is frequently involved in major land use controversies in Oregon, acting on behalf of appellants, opponents or public entities. Mr. Sullivan has been in private practice since 1978 and is currently city attorney for the cities of Oregon City, Island City and Rivergrove and acts as special counsel for other local governments. Before going into private practice, he served as assistant county counsel and county counsel for Washington County, Oregon, and as legal counsel to the governor of Oregon.
Insurance 101 for Public Entities

David E. Wood is co-managing shareholder in the Ventura, CA office of Anderson Kill.  With more than 28 years of experience in the insurance industry, Mr. Wood devotes his practice to the representation of corporate and public entity clients in insurance recovery matters involving primarily liability and errors and omissions coverage, professional liability insurance, crime coverage, environmental coverage, primary-excess disputes, and rights of additional insureds.

Mr. Wood is the lead editor of Anderson Kill’s insurance policy enforcement journal Enforce, and also edits the firm’s Financial Insurance Law blog.  He also authored the Corporate Policyholders’ 50-State Guide: The Right to Independent Counsel, and has published articles for many trade and legal publications including Risk Management Magazine, John Liner Review, CFO Magazine, CFO.com, National Underwriter, New York Times Dealbook, and Risk & Insurance Magazine, to name a few.

Mr. Wood is a frequent speaker on insurance policy enforcement matters and is often quoted in national media on significant insurance cases and issues.  He has been interviewed on CNBC Television, Bloomberg Radio, USA Today, Forbes, and Forbes.com and most recently on Fox Business News: America's Nightly Scoreboard.

Mr. Wood received his J.D. from the University of California, Hastings College of Law in 1985 after graduating cum laude with an A.B. from Williams College in 1979.  He is a member of the Board of Directors of the Atlantic Legal Foundation, and Director and Past Board President of Casa Pacifica Center for Children and Families.



Luncheon & Annual Meeting

Harry Auerbach is a Chief Deputy City Attorney for the City of Portland, where he is the lead attorney in the Contracts and Property Practice Group. A graduate of the University of California, Berkeley, and of Golden Gate University Law School, he has worked for the Portland City Attorney’s Office since 1982. Harry does appellate litigation for the City, and general counsel work primarily for Portland Parks and Recreation. He has served on a number of Bar committees. He is (until lunch today) President of the OCAA, and currently serves on the League of Oregon Cities’ Legal Advocacy Committee, the Ninth Circuit Advisory Committee on Rules and Internal Practices, and the Oregon Mediation Association’s Standards and Practices Committee.

Public Meetings, Executive Sessions and Litigation

Ian Whitlock is Acting General Counsel at the Port of Portland. He holds a Masters Degree in Environmental Sciences from the University of Texas at Dallas, and a JD from the University of Texas, Austin. Mr. Whitlock began his legal career with a clerkship at the Texas Supreme Court. He has since worked mainly in the field of environmental law. He has practiced with Arnold & Porter in Washington DC and Denver, and with Lane Powell in Portland. In 1996 Mr. Whitlock entered public service as a senior assistant attorney general in the Oregon Department of Justice, advising various natural resource agencies. Mr. Whitlock joined the Port of Portland in 2005, where he provides advice on environmental compliance, government ethics, and public records. Mr. Whitlock has served on the Oregon Government Ethics Commission since March, 2010.

Tammy R. Hedrick is a Trainer/Program Analyst with the Oregon Government Ethics Commission, the mission of which is to fairly and impartially administer the regulatory provisions of ORS Chapter 244, Oregon Government Ethic law; ORS 171.725 to 171.785 and 171.992, Lobby Regulation and Oregon Public Meetings law; ORS 192.660, efficiently, expediently and with the highest possible emphasis on customer service for complainants, respondents and the general public of Oregon.

Tammy regularly presents educational training sessions throughout the state. The training Tammy provides is not limited to but includes, groups of new employees that need to be aware of ethics issues, and staff wanting a refresher session, or to those who have unique groups with questions regarding specific ethics problems. In addition to training, Tammy is also available for informal questions and discussions about statutes, administrative rules and the commission’s processes.

Tammy began her career with the State of Oregon as a Revenue Agent in 1998 for the Department of Revenue. In November of 2000, she took a position with the Employment Department as a Revenue Agent. She was subsequently promoted to positions of Business Employment Specialist and then Adjudicator within the agency. In October of 2007, she took a position with the Oregon Government Ethics Commission as a Compliance Specialist. January 2008, promoted to her current position as a Trainer/Program Analyst.
Chad Jacobs, Senior Associate, with Beery Elsner & Hammond has over a decade of experience representing local governments in all aspects of municipal law. He began his career with the San Francisco City Attorney’s Office where he rose to the position of Senior Deputy City Attorney and was head of the office’s Ethics and Elections Team. Upon arriving in Oregon, Chad continued his service to local governments as the General Counsel for the League of Oregon Cities, where he represented the interests of all of Oregon’s 242 incorporated cities.

Throughout his career, Chad has drafted numerous charter provisions, ballot measures, ordinances and regulations, and has provided legal advice to public officials at all levels of local government. Further, he has represented clients in both the court room and in administrative law hearings.  As an instructor for the Oregon Local Leadership Institute, he provided training seminars to cities and counties as well as to various government organizations.



Public Records Retention

Matt Brown has been a Records Management Analyst at the Oregon Secretary of State's Archives Division (AKA Oregon State Archives) for the last 9 years, serving as State Archives’ lead records management consultant with state and local government entities, and coordinator for improving records management practices. He previously worked at the U.S. Federal Reserve Board, International Monetary Fund, and the Maryland State Archives. He earned a Masters in Library and Information Science, and a Masters in History, both from the University of Maryland at College Park.


Public Employee Unions – Recent Decisions/Awards

Diana Moffat is the Executive Director of the Local Government Personnel Institute and also serves as one of LGPl’s Labor Relations Consultants and as a Labor Lawyer. She has bargained over 150 collective bargaining agreements, which included drafting proposals, researching comparative wages and benefits, assessing legal ramifications of particular language, presenting all proposals and justifications at the bargaining table as chief spokesperson and assessing counter-proposals. Diana has represented numerous employers in the mandatory mediation process. In addition, she has presented cases to Interest Arbitration when a collective bargaining agreement could not be reached.

Diana has been involved in countless disciplinary proceedings, consisting of assessment of the facts, providing representation at investigative interviews, representation at Loudermill (pre-disciplinary) hearings, presentation of legal analysis prior to decision on arbitration, negotiating voluntary employment severance alternatives and presentation of the cases to arbitration. In addition, she has handled hundreds of contract interpretation issues. Ms. Moffat has presented cases to the Employment Relations Board in the form of Unfair Labor Practices and Unit Clarification matters. She is versed in Oregon Labor law, ERB rules and regulations, FMLA, FLSA, OFLA, PECBA and Oregon Statutory and case law. She has been exposed to a wide array of employment situations involving issues of overtime pay, light duty provisions, medical determinations, seniority, annual evaluations, vacation scheduling, medical insurance coverage and sexual harassment, just to name a few.


Ashley Boyle is a Labor Relations Attorney/Consultant with LGPI. Ashley provides a variety of services for LGPI members, including labor arbitration representation, defending unfair labor practice complaints, contract drafting and collective bargaining, labor relations training, and advising on a wide range of labor and employment law issues. Ashley has appeared before the Employment Relations Board panel, as well as mediators, arbitrators and administrative law judges.

Before joining LGPI, Ashley clerked for a private labor and employment law firm and at the Oregon Department of Justice, Trial Division in the Torts and Employment Section. In these roles, Ashley gained valuable experience researching, writing, and advising on an array of labor and employment law issues, including NLRA, PECBA, OFLA, FMLA, ADA, and Title VII.



Ashley graduated from Lewis & Clark Law School, magna cum laude, and was an Articles Editor on the Lewis & Clark Law Review. She also worked as a Legal Intern at the Lewis & Clark Low Income Taxpayer Clinic, where she was awarded “Outstanding Clinical Advocate.” Prior to law school, Ashley was an Executive Director at CCS Fundraising, Consulting, and Strategic Development. At CCS, Ashley managed large capital campaign projects for non-profit clients. During her five years at CCS, she worked on four capital campaigns, raising more than $200 million.


2013 Legislative Update

Sean O’Day serves as the General Counsel for the League of Oregon Cities where he is responsible for the deployment of legal resources to support the League's mission of advocating for cities in legislative and legal matters as well as providing information and education to all 242 cities in Oregon. An honors graduate from the Northwestern School of Law of Lewis and Clark College, Sean’s previous positions include serving as a judicial clerk to the Chief Justice of the Oregon Supreme Court, the Deputy Legal Counsel to Oregon’s Governor, Deputy City Attorney and Deputy City Manager for the City of Salem. Sean is also a Judge Advocate in the Oregon Army National Guard, where he advises commanders on legal issues affecting military operations, both domestically and abroad.

Exclusion and Trespass

Chad Jacobs, Senior Associate, with Beery Elsner & Hammond has over a decade of experience representing local governments in all aspects of municipal law. He began his career with the San Francisco City Attorney’s Office where he rose to the position of Senior Deputy City Attorney and was head of the office’s Ethics and Elections Team. Upon arriving in Oregon, Chad continued his service to local governments as the General Counsel for the League of Oregon Cities, where he represented the interests of all of Oregon’s 242 incorporated cities.

Throughout his career, Chad has drafted numerous charter provisions, ballot measures, ordinances and regulations, and has provided legal advice to public officials at all levels of local government. Further, he has represented clients in both the court room and in administrative law hearings.  As an instructor for the Oregon Local Leadership Institute, he provided training seminars to cities and counties as well as to various government organizations.

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