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Concerns about City Attorney | Jerry Warner

A recent article stated that Lincoln City City Attorney Richard Appicello was keeping a handgun in his desk at city hall. This was extremely concerning. I put in a public records request asking whether he was given written or verbal permission to have a handgun in city hall. The response was no. The article further stated that there is a real concern because of his unpredictable temper. Can anyone with a gun permit bring a gun to city hall?

elks-lodge-Public Works Director Lila Bradley and her husband purchased the Lincoln City Elks Club for $150,000. The city attorney, Appicello, was handling a land exchange of 921 square feet of city property for 921 square feet of the Bradley’s property. The property the city owned is dedicated park property by deed restriction and has a portion of the previous Elks Club addition of a health club building on it. The property the Bradley’s own has been a public right of way for over 50 years and has no value.

Appicello had appraisals done on the two properties for land only. This totally disregarded the fact the city property had a building over it and was park property, which has a lease value. ORS 275.060 states that a land trade must be of equal value. The Lincoln City City Council approved the sale. This was a huge financial benefit to the Bradley’s.

The city attorney has a state bar complaint filed against him, with another being prepared. There may be another claim against him for his treatment of city employees.

The city council has two lawsuits currently because of his legal opinions. Over $78,000 has been spent from city funds for outside legal costs for worthless charges against the mayor.

In my opinion, the city council and city administration has lost its credibility with its citizens.

Jerry Warner

Lincoln City

Lincoln City Warming Shelter fix considered, new harassment questions raised

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Lincoln City Warming Shelter
DLWID Director Josh Brainerd says Devils Lake is under used and under appreciated.

Lincoln City, Oregon – At Monday’s city council meeting council asked staff to provide options to allow the Lincoln City Warming Shelter to continue to operate in Taft. City Manager Ron Chandler was asked new questions about the harassment allegations raised against City Attorney Richard Appicello. Newly hired Parks Director Jeanne Sprague asked council to remove a deed restriction on Regatta Park. And council voted to offer to settle two lawsuits alleging the council violated Oregon’s Public Meeting Laws over 60 times since 2011. Here are the highlights, in chronological order:

  1. Council requests options to allow the Warming Shelter to continue to operate in Taft (Alexander)

Warming Shelter President Patrick Alexander asked council to update our zoning laws to allow emergency shelters in the Taft Village Core mixed-use zone. Emergency shelters are currently only allowed in the General Commercial (GC), Recreation-Commercial (RC), and Planned Industrial (PI) zones. Council then asked staff to provide options on initiating this zoning change. The Warming Shelter could be shut down, and Mayor Don Williams and the Warming Shelter each fined up to $1,100/day, if Planning Director Richard Townsend refuses to accept the Voluntary Compliance letter Alexander submitted to Townsend on Jan. 12.

  1. Dreistadt chastised for advising businesses that surf contest permits aren’t needed (Forse)

Local surfer John Forse, founder/organizer of the Nelscott Reef Big Wave Classic, asked to attend the meeting that will be held by City Manager Ron Chandler, City Attorney Richard Appicello, and VCB Director Ed Dreistadt. Appicello called it a “staff meeting” and that he’s privately given legal advice about the lack of requiring permits to hold surfing contests at the Nelscott Reef. Forse said he “hopes no one dies” from Dreistadt‘s “knuckleheaded” decision to not require permits to run surf contents. This is the second time Forse has petitioned council for their help.

  1. New questions raised on alleged harassment complaint against City Attorney Appicello (Werner)

In response to harassment allegations raised against City Attorney Richard Appicello, our own Justin Werner alerted council that he requested City Manager Ron Chandler meet with media representatives to answer the following questions:

  1. Did Mr. Appicello file a cross complaint against the alleged victim?
  2. Did the alleged victim receive a copy of this complaint?
  3. Was the alleged victim’s termination influenced by Appicello’s complaint against her?
  4. Was the alleged victim offered a Non Disclosure Agreement (NDA) to sign?
  5. How much was the alleged victim paid to remain silent?
  6. What discipline, if any, did Appicello receive?
  7. What changes, if any, has the city implemented, to avoid this type of thing from happening again?

Werner thanked Chandler for offering to answer questions at the last council meeting regarding the serious allegations. Werner also applauded Councilor Kip Ward for calling for transparency in digging into the allegations.

  1. Devils Lake Dash nixed due to deed restriction at Regatta Park (Brainerd)

Devils Lake Manager and DLWID Executive Director Josh Brainerd said that Devils Lake was underused and under appreciated. He said many visitors to Lincoln City are unaware of this hidden gem that could be utilized for events such as the Devils Lake Dash, which didn’t run this year, due to a 1934 deed restriction disallowing refreshment stands at Regatta Park. Other restrictions included the “smoking of cigars.”

Appicello admitted he didn’t know enough about deed restriction law, and had not spent any time on it because he hasn’t “been directed to do it,” and it would not be an easy process finding the heir and getting a release signed. Council voted to ask staff to contact a title company to see if removal of the deed restriction is possible, and the cost.

Councilor Kip Ward raised concerns over “environmentally safe fireworks” and asked if fireworks were being allowed to fall into the lake. Ward’s comment provoked laughter by Councilor Diana Hinton.

VCB Director Ed Dreistadt said when visitors are asked about Devils Lake, the most common response is “there’s a lake here?”  

  1. Council voted to offer to settle the two Oregon’s Public Meeting violation lawsuits (Anderson)

After meeting in executive session, council voted 5-1 to make another settlement offer regarding two lawsuits alleging the city violated Oregon’s Public Meetings/Records Laws over 60 times since 2011 (15CV22131 & 16CV21270). The lawsuits were filed by transparency advocate Ross Smith in 2015 and 2016 and are scheduled for trial in April and May of this year. So far, council has spent over $70,000 to fight the two suits, and legal experts estimate the trials could cost taxpayers $200,000, or more, an amount far exceeding this year’s $40,000 litigation budget. Councilor Kip Ward voted no, as he has consistently in the past. Councilor Hoagland did not vote, due to his absence.

Ocean Strikes Sea Gypsy and Kyllos

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Ocean Strikes KyllosLincoln City – Yellow caution tape was strung up to prevent anyone from getting too close to the surging ocean near Kyllo’s and the Sea Gypsy hotel. Fire crews and police were urging onlookers and press to stay back as the surges were unpredictable.

Sea Gypsy staff told Lincoln City Homepage they lost at least 6 sliding glass doors and had to evacuate the first floor.

Kyllo’s lost a gas line due to the power of the ocean.

This is a reminder not to go down to the beach when conditions are like this.

Lincoln City Sunset

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Lincoln City photographer, Don Johnson, captures the awe inspiring beauty of sunset on the Oregon Coast. This set reminds us to take some time to absorb our gorgeous coastline.

lincoln city sunset

Lincoln City Beach Sunset

Lincoln City Sunset rocks

Lincoln City Council Highlights: Ward again alleges Mayor committed a jailable offense

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Lincoln City, OR – Last Monday’s three+ hour city council meeting had Councilor Kip Ward threatening possible jail time to any Councilors he finds violating our council’s rules, and again names Mayor Don Williams. In response to our scathing expose last week, City Manager Ron Chandler discouraged us from publicly airing sexual harassment complaints raised by city employees. And City Attorney Richard Appicello explained why he neglected to forward to council an important communication from Ross Smith regarding Smith’s two lawsuits against the city.

Here are all the juicy bits, in chronological order:

  1. City threatens to shut down Warming Shelter due to alleged zoning issue (Chandler)

Chandler offered an update on the city’s threat of $1,100/day fines to Mayor Williams, if he continues to rent Taft Hall to the Warming Shelter (for the cost of the utilities, by the way). Chandler said the charges against the Mayor cannot wait until the Warming Shelter’s upcoming appeal hearing set for January 16th, before the case is eventually sent to our Municipal Judge. Watch

  1. Alleged Harassment complaint against Lincoln City Attorney Appicello (Chandler)

Chandler discussed the need to keep complaints, such as the alleged harassment complaint against Appicello, under wraps. “Reporters and bloggers need to be cautious on assumptions being made as a general view” he said. The Councilors were silent on the alleged harassment of one of their former employees, but Councilor Dick Anderson offered to help anyone trying to make sense of the Lincoln City budget. Watch 

  1. City’s violations of Oregon’s Public Meetings and Public Records Laws (Appicello)

Appicello gave an update on Smith’s two lawsuits on the city’s numerous alleged violations of Oregon’s Public Meeting and Public Records Laws (15CV22131 & 16CV21270). Smith sent his latest settlement offer last Friday, the deadline set by one of the city’s seven outside attorneys, Bob Steringer, of Harrang, a Portland law firm. Steringer forwarded Smith’s communication to Appicello, who neglected to forward it to the city council for three days, forcing the council to cancel the executive session they’d previously scheduled to discuss Smith’s response. Is this how Appicello spends all his time, scanning and password protecting all communications? Watch 

  1. Possible jail time for “self-dealing” council members (Ward)

Ward lamented “it’s been a challenging three years” with the “unbecoming behavior” of members of the council. Ward again accused Mayor Williams of “self-dealing” without offering specifics. Ward said anyone violating our City Charter is committing a Class A misdemeanor (1 year jail/$6,250 fine). That’s so ironic coming from Ward, as Ward’s primary residence is in Otis, according to former Code Enforcement Officer Janell Templeton, Jerry Warner, and many others. (Section 8.1 of our Charter requires a Councilor‘s primary residence to be in their Ward.) Watch 

  1. City’s failure to require permits to run surf contests (Chandler)

Chandler spoke on the city’s failure to require permits to run surf contests, even though the city required John Forse to have permits to run his Nelscott Reef Big Wave Classic for the last 13 years it’s been held. “I think it’s appropriate for me to review with our attorney, [VCB Director Ed] Driestadt and others, our interpretation of the ordinance” Chandler said. Chandler declined to meet with Forse to address Forse’s serious safety and city liability concerns, choosing instead to meet privately with Appicello, Driestadt, and Police Chief Keith Kilian. Why the secrecy Chandler, afraid of another lawsuit? Watch 

ISSUES FACING LINCOLN CITY – Boss FM Podcast

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A great listen. Topics include the Taft warming shelter, city attorney, and politics.

Host: Cheryl Harle
Guests: Lincoln City Mayor Don Williams and Jim Hoover

From Boss FM 100.7

 

 

Complaint Raised Against Lincoln City Attorney Appicello

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richard appicello

Lincoln City City Attorney Richard Appicello was the subject of a complaint raised by a subordinate in April 2017, according to multiple sources, who spoke on condition of anonymity, as they were not authorized to speak publicly.  The alleged victim had worked under Appicello for several years, but her employment was terminated shortly after the allegations were raised.

The alleged victim claimed Appicello made inappropriate comments to her regarding her clothing and shoes.  She claimed he showed her inappropriate artwork in his home.  She said his shirt was undone at times, exposing his chest and stomach, and she described feeling ogled by him.  As a result, she said she felt uncomfortable being alone with him. She claimed other co-workers felt the same, as well.

In addition, the alleged victim voiced concern that Appicello talked about, and once pointed out to her, his desk gun, discussed buying ammunition, and mentioned a knife he kept in his backpack.  She said he is unpredictable, and loses his temper, slams doors, shouts while speaking, and berates fellow employees, including City Manager Ron Chandler, loud enough for others to hear.

The allegations may rise to the level of “sexual harassment,” as Oregon law defines the term to be unwelcome sexual advances, requests for sexual favors, or conduct of a sexual nature, that is directed toward an individual because of gender.  It can also include conduct that is not sexual in nature but is gender-related.

The Lincoln City Council held up to five private meetings to discuss disciplining Appicello, according to public records.  After the last meeting, on May 22, the city council voted to approve a “personnel action,” without providing specifics.  Prior to the vote, Mayor Don Williams testified “tonight, we fail to protect the powerless from the powerful.  The actions council takes tonight have violated open meeting laws, our own ordinances and state ethics law, and I will not participate in this vote.”  Oregon law allows city councils to hold private disciplinary hearings if a specific statute is cited, but only one of the five meeting agendas listed the statute.

richard appicello
Lincoln City Attorney Richard Appicello

One co-worker said the alleged victim “did such a great job here. It was wrong what they did to her” referring to the termination. Other co-workers also expressed support for the alleged victim, but none were willing to speak publicly, for fear of reprisal.

According to a 15-year veteran of the city, it is “common practice” for the city to have outgoing employees sign non-disclosure agreements (NDAs), and said Ann Marie, Gene Mason, Sue Ryan, and Vicki Young had signed them. The alleged victim may have signed one as well, before receiving a severance.

Appicello is no stranger to controversy. In 2015, Appicello drafted ethics charges against Mayor Williams, as well as spearheading both civil and criminal investigations of Williams, and Williams’ supporters, costing taxpayers over $72,000. The Ethics Commission and the Oregon Department of Justice threw out the cases, blasting Appicello as an “instigator,” and faulting him for failing to produce any evidence to back up his claims.

Today, Appicello’s income is over $197,000* a year, a 57% increase over his 2013 starting income of $125,500, according to public records. In Jan. 2012, Appicello took a $62,600 a year job as an assistant attorney for Hernando County, Florida, according to the local Hernando Tribune newspaper.  In Nov. 2010, Appicello abruptly quit as Ashland’s attorney, for unspecified “health reasons,” according to Medford’s Mail Tribune.

Widespread sexual harassment is now being exposed in all levels of government, including it being “the norm” in Salem, “pervasive” in Sacramento, and “among the worst” in the US House and Senate, where using NDAs to silence victims is common practice.

Mr. Appicello did not respond to a request for comment.

It is the policy of this news organization not to publish the names of victims who come forward with allegations of harassment, abuse, or rape.


This is a developing story. If you have any information, please email [email protected], or call/text 541.992.0321.  You can also message us using WhatsApp, Signal, or Telegram which are secure messaging apps for Android and iOS that use end-to-end encryption. If you work at City Hall, please do not use your work phone or email account. We protect our sources and will not publish your name, or any identifying information, without your explicit approval. Thanks for your help!

Don’t miss Is there a Weinstein Roaming City Hall?

*Special thanks to council member Dick Anderson for explaining the city attorneys budget.

Is There a Weinstein at City Hall?

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city hall

Rumors are swirling that a senior city official was alleged to have committed harassment against a subordinate, in the last few months. Our sources say that the official received no discipline or reprimand. Instead, the alleged victim, who was highly respected, and had been with the City for years, is no longer employed there. Unfortunately our sources are hesitant to go on-the-record, for fear of reprisal by the alleged perpetrator, and others.

We are working to independently verify the facts. If you have any information, please email us at [email protected], or call/text/WhatsApp/Signal us at 541-992-0321. WhatsApp and Signal are completely secure messaging apps. If you work at City Hall do not use your work phone or email. We protect our sources and will not publish your name, or any identifying information, without your explicit approval. Stay tuned folks!

Taft Warming Shelter Violation Issued

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Taft Warming Shelter violation
taft warming shelter violation
From: Richard Townsend, Planning Director 
RE: Notice of Violation: 1206 SE 48th Place, Lincoln City, OR 97367

TO: 

DEIS HAVEN LLC
ATTN DEBRA P WILLIAMS, 
SW DUNE AVE
LINCOLN CITY, OR 97367

This Notice of Violation is provided to the responsible parties identified above pursuant to LCMC 17.84 as a prerequisite to issuance of a citation to Municipal Court. This Notice of Violation may be satisfied, and the violation(s) abated and disposed of without fines or assessments, with the execution and submission of a Voluntary Assurance of Compliance (attached) within ten (10) days of the date of this letter.

Lincoln City Municipal Code (LCMC) Section 17.04.030 provides, in pertinent part:

It is unlawful for any person to erect, construct, establish, move into, alter, enlarge, use, or cause to be used, any building, structure, improvement or use of premises located in any zone described in this title contrary to the provisions of this title.

Lincoln City Municipal Code (LCMC) Section 17.84.020 A. provides, also in pertinent part:

Any person, firm, association or corporation, whether as principal, agent, employee or otherwise, who violates any provision of this title or any order adopted pursuant to this title shall be punished under the provisions of Chapter 1.16 LCMC. Any such violation is a Class A civil infraction. Each day that the violation of this title exists is deemed to be a separate offense.

The Lincoln City Warming Shelter has been operating at 1206 SE 48th Place, Lincoln City, OR 97367. This site is within the Taft Village Core zone. The use of this property as a warming shelter is not among the allowed uses, conditional uses, or accessory uses of that zone. Accordingly the use of the site as a warming shelter is a Class A violation for each day the offense continues.

As the responsible parties you have ten (10) days from the date of this letter [5 p.m. Friday, January 12, 2018] to execute and deliver to me an assurance of voluntary compliance relating to the alleged violations. The assurance must set forth what actions, if any, you intend to take with respect to correction of the alleged violations. If I am satisfied with the assurance of voluntary compliance, I will submit it to the municipal court for approval, and if approved it will be filed with the clerk of the court as an order of the court. I may reject any assurance which does not provide for correction of the violation(s) in a timely manner.

I have attached a suggested Assurance of Voluntary Compliance. You are not required to use it, but it shows the essence of what I am looking for. It contains your promise to cease using the subject property as a warming shelter except in certain limited circumstances, plus a request to initiate a legislative zoning ordinance amendment to allow emergency shelters in the TVC zone and an agreement for the warming shelter to put its pending appeal on hold pending the outcome of the legislative process.

If I do not receive an assurance of voluntary compliance, I will proceed with issuance of a citation.

Your immediate attention to these matters is requested.

Sincerely,

Richard Townsend

Planning & Community Development Director

Cc:

City Attorney

City Manager

This is a developing story.

Lincoln City Attorney Appicello accused of harassment

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In April 2017, Lincoln City City Attorney, Richard Appicello, was alleged to have harassed a subordinate, according to multiple sources, who spoke on condition of anonymity, as they were not authorized to speak publicly.  The alleged victim had worked under Appicello for several years, but her employment was terminated shortly after the allegations were raised.

The alleged victim claimed Appicello made inappropriate comments to her regarding her clothing and shoes.  She claimed he showed her inappropriate artwork in his home.  She said his shirt was undone at times, exposing his chest and stomach, and she described feeling ogled by him.  As a result, she said she felt uncomfortable being alone with him.  She claimed other co-workers felt the same, as well.

In addition, the alleged victim voiced concern that Appicello talked about, and once pointed out to her, his desk gun, discussed buying ammunition, and mentioned a knife he kept in his backpack.  She said he is unpredictable, and loses his temper, slams doors, shouts while speaking, and berates fellow employees, including City Manager Ron Chandler, loud enough for others to hear.

The allegations may rise to the level of “sexual harassment,” as Oregon law defines the term to be unwelcome sexual advances, requests for sexual favors, or conduct of a sexual nature, that is directed toward an individual because of gender.  It can also include conduct that is not sexual in nature but is gender-related.

The Lincoln City Council held up to five private meetings to discuss disciplining Appicello, according to public records.  After the last meeting, on May 22, the city council voted to approve a “personnel action,” without providing specifics.  Prior to the vote, Mayor Don Williams testified “tonight, we fail to protect the powerless from the powerful.  The actions council takes tonight have violated open meeting laws, our own ordinances and state ethics law, and I will not participate in this vote.”  Oregon law allows city councils to hold private disciplinary hearings if a specific statute is cited, but only one of the five meeting agendas listed the statute.

One co-worker said the alleged victim “did such a great job here. It was wrong what they did to her” referring to the termination. Other co-workers also expressed support for the alleged victim, but none were willing to speak publically, for fear of reprisal.

According to a 15-year veteran of the city, it was “common practice” for the city to have outgoing employees sign non-disclosure agreements (NDAs), and said Ann Marie, Gene Mason, Sue Ryan, and Vicki Young had signed them. The alleged victim may have signed one as well, before receiving a severance.

Appicello is not immune to controversy. In 2015, Appicello drafted ethics charges against Mayor Williams, as well as spearheading both civil and criminal investigations of Williams, and Williams’ supporters, costing taxpayers over $72,000. The Ethics Commision and the Oregon Department of Justice threw out the cases, blasting Appicello as an “instigator,” and faulting him for failing to produce any evidence to back up his claims.

Today, Appicello’s salary is over $197,000 a year, a 57% increase over his 2013 starting salary of $125,500, according to public records. In Jan. 2012, Appicello took a $62,600 a year job as an assistant attorney for Hernando County, Florida, according to the local Hernando Today newspaper.  In Nov. 2010, Appicello abruptly quit as Ashland’s attorney, for unspecified “health reasons,” according to Medford’s Mail Tribune.

Widespread sexual harassment is now being exposed in all levels of government, including it being “the norm” in Salem, “pervasive” in Sacramento. and “among the worst” in the US House and Senate, where using NDAs to silence victims is common practice.

This is a developing story. If you have any information, please email [email protected], or call/text 541.992.0321.  You can also call us using WhatsApp, Signal, or Telegram which are secure messaging apps for Android and iOS that use end-to-end encryption. If you work at City Hall, please do not use your work phone or email account. We protect our sources and will not publish your name, or any identifying information, without your explicit approval. Thanks for your help!

It is the policy of this news organization not to publish the names of victims who come forward with allegations of harassment, abuse, or rape.