By James Tibbets, Pendletonian Times
[On October 20, 2024, this article was updated to fix choppy English employed by the author and to better explain certain details of the story.]
[ On October 30, 2024, the Oregon Department of Administrative Services granted a records request concerning allegations of DEI violations, acts against women and fear of retaliation within the Oregon Department of Forestry. This story will not be updated with the new information as it warrants a separate article.]
PENDLETON, Ore. – The Oregon Department of Forestry held its fall retreat at the Slickfork Saloon in Pendleton. Slickfork Saloon is part of Hamley’s, which is a historic business in downtown Pendleton operated by the Confederated Tribes of the Umatilla Indian Reservation.
According to documents published online by the Oregon Legislature, Oregon is a self-insured public entity. The Department of Administrative Services’ Risk Management is in charge of the state’s insurance fund and money enters it in the form of risk charges from participating state agencies and exits it to pay for property, liability and workers’ compensation related claims as well as expenses and commercial policy premiums. The insurance fund includes six components:
- DAS RM administrative expenses. This operating budget is funded by the legislatively approved budget which comes from the property liability and workers’ compensation components. DAS RM pays claims and expenses related to property.
- DAS RM pays claims and expenses related to liability.
- DAS RM pays claims and expenses related to workers’ compensation.
- DAS RM pays premiums for commercial coverages with reimbursements from other agencies. Examples include policies for terrorism and public officials bonds.
- DAS RM pays adults in custody injury claims and expenses.
The document continues that as of January 26, 2024, cash and invested assets are roughly estimated to be $96.8 million. The document states that while that sounds like large sum, DAS has a new $40 million settlement payment and run rates out of the fund are at about $10 million per month and without significant additional funding of some sort the fund will run out of assets in the 2023-25 biennium.
The document states that reasons for the insurance fund being in this situation include:
- A general worsening of claims experience.
- The Oregon Tort Claims Act increased tort limits.
- A high number of ongoing litigation with potential extraordinary claims.
- Claims and expenses in 2023-25 are much higher than anyone would have expected.
As reported by The Oregonian on April 7, 2023, a jury awarded more than $2.4 million to two Oregon corrections employees after finding that they were retaliated against. Again reported by The Oregonian on December 21, 2023, a $40 million settlement was reached against the state for repeated sexual and physical abuse of Oregonian foster children. Finally, on October 9, 2024, The Oregonian reported that workers condemn the alleged anti-female culture of the Oregon Department of Forestry.
On October 16 and 17, the Oregon Department of Forestry held its fall retreat in Pendleton at the Slickfork Saloon, which is operated by Hamley’s LLC. The executive session on October 16 was to consider information or records that are exempt by law from public inspection and to consult with legal counsel concerning the legal rights and duties of a public body with regard to current litigation or litigation likely to be filed.
Pendletonian Times was briefed on current litigation which has been widely reported on by a member of the Oregon Board of Forestry during a field tour related to wildfire suppression efforts in Eastern Oregon held after the executive session on October 16. When the tour was at the North Fork of the John Day River near the border of Umatilla and Grant Counties for a stop about fire complexities presented by East Umatilla County Fire and Rescue board president Matt Hoehna and Central Oregon District Forester Rob Pentzer, the member claimed that certain personnel matters related to diversity, equity and inclusion policies of the Forestry Department had been largely blown out of proportion by the news media and alleged victims who have chosen to make their claims public. This was in response to an inquiry by Pendletonian Times that was made after Board of Forestry Chair Jim Kelly, Kimberly, stated that the department is making great strides in the area of Diversity, Equity and Inclusion despite there being up to 12 cases related to people being discriminated against on the basis of gender or sexual orientation and alleged media bias on the subject.
Deputy state forester Mike Shaw was placed on administrative leave on August 6, 2024 because of the claims and the case is ongoing. On October 30, Pendletonian Times received information related to this case via a public records request to the Oregon Department of Administrative Services. Coverage upcoming.