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Wednesday, November 15, 2023

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Zuber family files complaint against Columbia County

interest in the records, in accordance with ORS 192.407(3)(c), and pay plaintiffs a $200 statutory penalty for “failing to timely complete their response to plaintiffs’ public records requests, according to ORS 192.407(3)(b). Finally, the complaint seeks the awarding of “reasonable attorney fees and costs,” in accordance with ORS 192.431(3).

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Representatives of the Zuber family have filed a complaint against the Columbia County District Attorney’s Office and the Columbia County Sheriff’s Office (CCSO) because they say public records requested of the agencies have not been filled, now more than two years after the original requests were made.

County response

Background On March 13, 2019, Sarah Zuber’s body was found by her sister Katie Zuber, on the side of Neer City Road in Rainier, less than 400 feet from her home. After an investigation by a major crimes team, Oregon State Medical Examiner Rebecca Millius ruled that the death was accidental and caused by “combined deterious effects of acute ethanol (beverage alcohol) intoxication and hypothermia due to exposure.” Zuber family spokesperson Jennifer Massey and Zuber family attorney Erica Tatoian spoke with The Chronicle to provide insight on the nature of the complaint. The Zuber complaint Part of the complaint stems from a request for records in January 2021. The Zubers requested materials related to the passing of their daughter. Initially, they were refused because of an ongoing criminal investigation, even though the conclusion of the investigation had been delivered. Following the decision that the death was accidental, Tatoian said former Columbia County District Attorney Jeff Auxier contacted the family to say that they would provide the records in “batches.” According to the Zuber’s representatives, Auxier provided some of, but not all, of the records. “I’m not sure exactly what happened, but he did provide them some records, and then somehow never completed providing records,” Tatoian said. “Two years later, that’s how I got involved. So when I get involved, I make a request to CCSO, and they also say it’s under investigation. I then get a call from Jeff Auxier who says it’s under investigation because DOJ is involved.” Following that call, Tatoian made another request for the records in February 2023 or an

The Columbia County Courthouse.

explanation of what records they were withholding and why. Again, Auxier released “a hand full” of records and said he was “working on the rest.” “From February 1, to his resignation at the end of July, I’m constantly emailing him for status updates,” Tatoian said. The records requests were continually “put off,” according to Tatoian. In September, Tatoian submitted a petition for review to Interim District Attorney Colin Benson. The petition is a step that is required under public records law when a request is denied. “The letter explains the whole history, all the requests that were made, and why they should have been produced. We ask Benson to order them to be produced, to waive any fees associated with them, and to pay the statutory penalty, which is $200 when there’s an undue delay in producing records,” Tatoian said. After two weeks, Tatoian said that Benson reversed the decision to withhold the records and “ordered disclosure.” The response the Zuber family say they received from Benson on Oct. 12 is included in the complaint and is as follows: “On Sept. 14, 2023, you petitioned my office for a review of an earlier denial of a request for public records under ORS 192.415. Having reviewed the matter and in my position as interim District Attorney for Columbia County I hereby reverse the decision to deny your request,” Benson said. “I have notified Columbia County Counsel [redacted] copied here, of my decision and I am directing

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our office manager [redacted] also copied here, to provide you with the requested records in a manner consistent with Oregon law.” Tatoian said that under public records law, once a DA orders disclosure, “you have seven days to disclose,” or the public body must go to a court to have the decision stayed or reversed. Tatoian said that after initially not getting a response from the county, on Nov. 7, they received an estimate of the cost of filling the records in the amount of $4,321.50. The cost is based on estimates of hours of staff review and other fees. “So, that was surprising. So I went back to county council and asked them to waive the fees. We requested them in 2021, they’re almost three years late, and even if you’re ignoring that, I requested them in February, that’s nine months ago,” Tatoian said. Tatoian said that the county wants the Zubers to pay the money to procure the records, but there seems to be uncertainty regarding the documents that have already been filled under the disclosures from Auxier and what records the family has yet to see. The claims for relief on both records requests from 2021 and 2023 seek the same outcome. In both cases, they hope the court finds that the county did not comply with Oregon Public Records Law. They want the prompt disclosure of all records requested within seven days, in accordance with ORS 192.407(3)(a). They also want all fees waived based on their undue and unwarranted delay in disclosing records and the public’s

The Chronicle reached out to the county regarding the complaint filed by the Zubers. Columbia County Public Information Officer Mark Pacheco said, “as a matter of practice, the county does not comment on topics of ongoing litigation.” Pacheco did give information related to the complaint, however. Firstly, Pacheco said the county disagrees with the notion that the interim District Attorney ordered the county to provide these records, “much less without recouping its costs.” Pacheco said that the Zubers “previously submitted several Public Records Requests that the county has completed.” “They have received the records associated with those requests and now seek a duplicate of them, as well as many others. There are thousands of pages of documents in all,” Pacheco said. “The county is working with the Zubers’ attorney to avoid duplicative work and lower the cost as much as possible. The county has also requested that the Zubers submit a formal request to waive fees as provided by Oregon law.” Regarding the $4,321.50 fee to acquire the records, Pacheco said Oregon law states that Public Records Requests should be paid for before releasing records. “The county’s fees are assessed based on the estimated time/effort involved in preparing the information multiplied by the unit(s) of measure involved (hour, minutes, each, etc.),” Pacheco said. “The estimated fee is based on the estimated amount of time to produce the records, the number of pages, and additional costs (such as thumb drives). If it takes less time or fewer documents are produced, the county refunds the difference to the requester.” Follow this developing story at thechronicleonline.com and in the Wednesday print editions of the Chronicle.

Courtesy photo from Kim Karber

Mayor Susan (Sue) Ziglinski.

Columbia City Mayor passes away STAFF REPORT Country Media, Inc.

The City of Columbia City recently announced the death of Mayor Susan (Sue) Ziglinski. Mayor Ziglinski passed away on Nov. 10, 2023. Sue was elected as Mayor of Columbia City in November 2022 and took office on Jan. 19, 2023. She was originally elected to the City Council in 2017 and served as a Council member from 2018 to 2022. “Even though she was only mayor for a short time, she took her role seriously and will be missed. Her passing is a great loss for our community, City Council and staff, the numerous organizations she dedicated her time to, and especially her family. Please keep them in your thoughts and prayers,” the city said in a statement. Ziglinski consulted for the federal government in the Department of Human Services, the Health Resources and Services Administration (HRSA), and the Department of Justice on tribal issues, tribal law, and social services issues, according to the Columbia City website. Ziglinski also volunteered as a board member for the Native American Rehabilitation Center (a position she held for 33 years), the Stumptown Stages (a musical theater in Portland), the Columbia Pacific Food Bank, which serves Columbia County, and the Oregon Golf Association. Details regarding a public memorial service will be provided as they become available. The City Council President, Gordon Thistle will assume the powers and duties of the mayor until such time as the role of the mayor is filled. Discussion on filling the role of mayor will occur at the Nov. 16 City Council meeting.

Ringing the bell for a cause

St. Helens Kiwanis Club hopes to raise enough funds to deliver meals to local families in need BY SARAH KELLY Chronicle Guest Article

With the holiday season upon us, many organizations, looking to offer a helping hand to those in need, are gearing up for their yearly fundraisers. The St. Helens Kiwanis

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Club is one of those organizations, actively partaking in the annual Salvation Army bell ringing. Volunteers will brave the cold weather to ring bells from November 21 through December 23, standing proudly outside the St. Helens Safeway, located at 795 Lower Columbia River Highway. A portion of the funds raised during this time will go directly toward the St. Helens Kiwanis Club’s Holiday Hope Christmas Food Program. Founded in 1926, the Kiwanis Club was the first service organization in Columbia County. The club has been doing its Holiday Hope Christmas Food Program, helping the local community for decades. Jack Graff, with the St. Helens Kiwanis Club, has been in the area since 1985 and stated that the food program had already been running at that time. The food program delivers baskets full of food to needy people within the community. “This year we are partnering with the local volunteer firefighter group to identify families in need of our assistance,” said Graff. “The names go to them and then they provide that information to us.” The Kiwanis Club is given the number of individuals in a nominated family, allowing them to provide enough food for each family.

Courtesy photo from Judy Thompson

Jason Moon was one of many volunteers who braved the cold weather from past years to help ring the bell, raising funds for important local outreach programs.

Last year the program was able to provide food baskets to approximately 180 community members and with enough donations they hope to meet or exceed that number this year. The St. Helens Kiwanis Club

pairs with many organizations to help spread joy during the holiday season. “We have partners in this endeavor. Our partners in this are the Toy N Joy committee and the Columbia Pacific Food Bank, which is the food bank here in the local

area. The Toy N Joy is also local,” said Graff. “We all kind of support each other in this thing.” According to Graff, the remainder of the raised money, after the portion has been donated to the Holiday Hope Christmas Food Program, is then applied to other needs county-wide by the Salvation Army. Helping their community through bell ringing is a yearly event that Graff and many others of the Kiwanis Club enjoy participating in. Seeing a parent hand their child donation money to place in the red kettle, is a heart-warming site. “I thank them for letting [their child] understand what this is all about,” said Graff. “[It’s] helping give people a hand up at this time of year.” The Kiwanis Club still has many open time slots for the Salvation Army bell ringing that need community volunteers to fill. While many of the hours are taken up by the St. Helens Kiwanis Club members, it still relies on help from additional volunteers. Time slots range from two hours to three hours and have openings on various days. To look at their signup sheet please visit the St. Helens Kiwanis Club website: StHelensOR.KiwanisOne.org. Click on the ‘Events’ tab and look for ‘Bell ringing 2023’ to view the sheet.


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