news&community Tillamook County amongst winners in class action lawsuit against State of Oregon After deliberating for approximately four hours, the jury in the Linn County Class Action Lawsuit, which alleged that the State of Oregon breached a decades old contract requiring it to manage forest trust county land for the greatest permanent value, ruled on Nov. 20 that the State of Oregon is on the hook for the violation — to the tune of $1.065 billion. The biggest winner of the damage award is Tillamook County. After attorney’s costs, Tillamook County’s share of the verdict could be roughly $332 million. However, the county has 20 taxing districts that receive almost 75 percent of its timber receipts from State forest harvests. Tillamook County’s taxing districts receiving timber revenue include Tillamook Transportation, Tillamook Bay Community College, NW Regional Education Service District, all three port districts, North County Recreation District, 4-H Extension, and all three school districts — though Nestucca Valley School District will receive the least of the three. The issue of the state’s management of the forested lands dates back to the 1930s and 1940s when counties such as Tillamook found themselves with forested land after property owners walked away from property tax obligations. But the county did not have the resources to manage the land and so property was deeded to the state with the stipulation it would be managed for greatest permanent value, which, to the county, meant harvesting and reaping the portion of the proceeds that the state promised as part of the deal. The trial, held in the Circuit Court of Linn County and presided over by Judge Thomas A. McHill, began earlier this fall with jury selection on Oct. 24. The lawsuit was originally filed in March 2016. The award will go to 13 forest counties and 151 taxing districts. Out of the 15 forest trust counties, all but Clatsop County participated in the lawsuit. Klamath County was removed from the case by Judge McHill because its forests operate under a pre-2001 forest management plan. The jury heard more than 100 hours of testimony and reviewed hundreds of exhibits, some going back to the early
1900s. In a Dec. 5 interview with the Sun, Tillamook County Commissioner David Yamamoto said he feels that the State overstepped its mandate when it comes to enforcing the Endangered Species Act — and that the jury saw the same thing. He noted that while the requirement to manage the land for greatest permanent value doesn’t trump the ESA, that doesn’t mean the state was allowed to take ESA requirements further. “Instead of concentrating on forest management for timber harvest, they were instead developing campgrounds and trails,” he said. “They were going so far above what the Endangered Species Act required. They were creating areas to attract endangered species.” It is expected that the State will likely appeal the verdict, but in the meantime, 9 percent interest will accrue. Yamamoto said the 9 percent interest amounts to approximately $260,000 per day. “That’s a lot of money so the pressure should be on the State to try to settle this,” he said. Yamamoto also said that though it could be appealed as high as the Supreme Court, he feels the case for the judgment is strong. “When we go through a monthlong trial and they come back in four hours with a verdict saying, yes, the State breached their contract and offer full damages, that just shows the strength of our case,” he said. “The issue is so narrow. It’s about breach of contract. We feel that’s why the jury came back so quickly.” Yamamoto added that of the approximately 25 percent that will be left after special districts take their share, there has been no consensus as to where that money would be used. “If you talk to any commissioner or any department head, they all have ideas of how to spend the money,” he said “We can’t even think about that at this point. It’s going to be a long time before we see any of this money. (If appealed), it’s going to be years. Some people are saying it’s going to be a decade and that’s certainly possible.”
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Beach access ramp closed until further notice Tillamook County Public Works Department announced on Dec. 13 that the beach access ramp at Cape Kiwanda on Hungry Harbor Road in Pacific City is closed for all traffic until further notice. According to a release to the media, the beach access ramp is currently unsafe, and until permanent repairs can be made, it will remain closed.
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The Public Works Department also noted that they will be working with the Oregon Parks & Recreation Department and emergency services to Photo by Tim Hirsch resolve the issue. Those with questions can call County Parks at 503-322-3477, ext. 4, or Tillamook County Public Works at 503842-3419.
HUMAN RESOURCES DIRECTOR TILLAMOOK COUNTY SALARY: $73,212 - $92,664 *Working under the direction of the Board of Commissioners, the Human Resources Director serves as the head of the County's Human Resources Department. The County has a workforce of approximately 275 employees represented by two bargaining units. *Bachelor's degree in personnel administration, business management, public administration or a related field, and 5 years of professional level human resources experience, including at least 2 years of management and/or supervisory experience. * For a complete job description and to apply online, visit Prothman at www.prothman.com and click on Open Recruitments. For questions, call 206-368-0050. Apply by December 15, 2019 (open until filled)
Page 9 • Pacific City SUN • December 6, 2019
