‘Announcements’ Section

Complying with Legal Issues Confronting Oregon’s Charter Schools

By:
Matthew D. Lowe and Mark P. O’Donnell
O’Donnell Clark & Crew LLP

Friday, April 2nd
1 to 4 p.m.
Wilsonville Inn & Suites, in Wilsonville
 

 I. Charter School Governance Issues

A. Principles for Good Governance and Ethical Practice by the Panel on the Nonprofit Sector

 1. Legal Compliance and Public Disclosure (Principles 1-7)

 2. Effective Governance (Principles 8-20)

 3. The Internal Revenue Service’s increasing role in corporate governance

B. Governance in the Electronic Age – Perils and Pitfalls

C. D&O insurance coverage issues and when to notify your Insurer about a potential claim

II. Complying with Open Meetings Law and Public Records Requests

III. Maintaining the Integrity of the Charter Agreement – Steps to take to avoid Charter Termination and to maximize the chances of Charter Renewal

IV. Employment Issues for Charter Schools

A. Establishing Effective Hiring Practices

B. Employee Handbooks and Policies

V. Q&A – Ask your questions and learn from the experiences of others in the Charter School Community.

Please RSVP to Janice Slater via phone at (503) 306-0224 or email janices@oandc.com

For More Information:
Kelly Clark, Esq. Attorney for plaintiffs
(503) 407-7381

Rebecca Tweed, Media Relations
(503) 860-6033

Monday, November 16th, 2009

Portland, Ore—The Church of Jesus Christ of Latter Day Saints (the Mormon Church) will be the subject of five new claims of childhood sexual abuse to be filed today, Monday, November 16^th in three separate states, with filings in San Francisco, Portland and Seattle.  The cases all involve plaintiffs who are now adult men, and who were abused as children by men who held leadership positions in local Mormon churches.  Four of the cases will also name the Boy Scouts as co-defendants, since the perpetrators simultaneously served as Scout leaders.

The San Francisco cases will be filed in the morning, and the Portland and Seattle cases in the afternoon, according to Portland attorney Kelly Clark, who frequently handles child abuse cases against churches, the Boy Scouts, schools, and other youth organizations.

Copies of all of the lawsuits, as well as well as a full media release and packets and other relevant background information will be released early Monday morning.  Clark, along with California co-counsel Lisa Sapcoe, and the plaintiffs in the California cases will be available at a media conference at 11:00 a.m. at Civic Center Plaza on Goodlett Place in San Francisco. 

# # #

For information on the San Francisco, California lawsuit, please click here.

For information on the Portland, Oregon lawsuit, please click here.

For information on the Seattle, Washington lawsuit, please click here.

EAST BAY AREA SEVENTH DAY ADVENTIST CONFERENCE, HIT WITH NEW ALLEGATIONS IN CHILDHOOD SEXUAL ABUSE LAWSUIT

For More Information:
Kelly Clark, Esq.: 503-306-0224
Lisa A. Sapcoe, Esq.: 510-433-1830

CONTRA COSTA SUPERIOR COURT CASE NO.  C-09-02215

October 1, 2009

Martinez, Cal—The Pleasant Hill Adventist Academy, formerly known as the Pleasant Hill Junior Academy, an elementary, middle and high school, and the Northern California Conference of the Seventh Day Adventists, are the targets of new allegations filed today in a lawsuit arising out of sexual abuse, in the mid‑1990s, of a female student by Andrew McPherson, then a teacher at the Adventist school.  Two years later, after a transfer from Pleasant Hill, McPherson was convicted for multiple crimes related to sexual abuse of students at another Adventist school in Reno, Nevada, but he was never charged or held accountable for his actions in Pleasant Hill.

“We contend that all of this could and should have been avoided,” said Kelly Clark, an attorney from Portland, Oregon,who regularly represents victims of childhood sexual abuse.^[1]  “If the school had acted on information it had as early as 1993 or 1994, not only this girl, but those kids in Reno, could have been spared the abuse they suffered.”

The lawsuit contends that one Andrew McPherson, who was a teacher at Pleasant Hill Academy when the plaintiff, our client, who is referred to as Jane Doe for privacy reasons, was in seventh, eighth, and ninth grades, sexually and physically abused and harassed her with explicit sexual comments, as well as grabbing, stroking, fondling, and French kissing her on multiple occasions.  According to the lawsuit the abuse culminated in a violent episode in May 1996, in which McPherson became angry with plaintiff for refusing his authority, pushed her into a chair, while throttling her neck with his hands until he heard someone approaching.

According to Lisa Sapcoe, an Oakland trial attorney also representing the victim in the case, the plaintiff’s case is expected to offer evidence of warnings to Pleasant Hill Junior Academy prior to the plaintiff’s abuse.  “We believe we can prove that the school had ample warning from concerned parents that this teacher was inappropriate physically, verbally, and sexually,” said Sapcoe.  “We believe we can prove the school knew or should have known of McPherson’s inappropriate sexual behavior to prompt action against this teacher prior to the time that Jane M. Doe was abused,” said Sapcoe. 

The lawsuit further contends that McPherson – who was the son of a prominent Adventist official in the Idaho Conference – was transferred after the throttling attack to another Seventh Day Adventist school in Reno, Nevada.  He was arrested there two years later, in February 1998, and convicted of crimes related to sexually abusing students.

According to Clark, who has represented over 200 individuals abused as children by adults such as Catholic priests, Mormon and Adventist church officials, clergy of numerous other denominations, Boy Scout leaders, teachers, coaches, and other adults in institutions of trust, “Our client is now a young mother struggling to put all this behind her, and has suffered similar emotional consequences as we see in many adult survivors of childhood abuse: significant issues concerning trust, physical and emotional intimacy, hyper-vigilance with regard to her own children, significant anger and clinical depression, and an extraordinary damage to her religious faith. No child or young woman should be abused by a trusted adult – especially in a setting of near total trust, a religious school.”

The suit seeks $5 million in general damages, plus another $250,000 in economic damages, primarily expected and incurred counseling and mental health expenses.  According to the attorneys, the case would normally come to trial in about a year.

###

Official Lawsuit Complaint
Summary of Background Facts
Official Statement of Jane Doe

EAST BAY SEVENTH DAY ADVENTIST SCHOOL, CONFERENCE,
TO BE NAMED IN CHILDHOOD SEXUAL ABUSE LAWSUIT ON THURSDAY

For More Information:
Kelly Clark
(503) 306-0224
kellyc@oandc.com

September 30, 2009

Contra Costa County, Cal—The Pleasant Hill Adventist Academy, formerly known as Pleasant Hill Junior Academy, an East Bay area elementary, middle and high school, and the Northern California Conference of Seventh Day Adventists, the regional denominational center for Seventh Day Adventist Churches, are the focus of new allegations of childhood sexual abuse arising from the mid‑1990s, to be filed in a lawsuit tomorrow, Thursday, October 1st, according to attorneys for the victim.

Portland attorney Kelly Clark of O’Donnell, Clark & Crew LLP, who frequently handles such lawsuits on behalf of victims of child abuse, and Oakland trial attorney Lisa Sapcoe of Armstrong & Associates LLP, will make statements and be available for media questions on Thursday, October 1st at 3:00pm in front of the Contra Costa County Courthouse at 725 Court Street, Martinez, California (entrance on Court St. side).

At this time, the attorneys will explain the facts giving rise to the lawsuit, as well as distribute a comprehensive media packet—including background material, copies of the lawsuit, relevant photographs and other related materials, and they will read a statement from the victim, now an adult.

For more information about tomorrow’s filing and media conference, contact Kelly Clark at his office: (503)306-0224, cell phone: (503) 407-7381 or via email at kellyc@oandc.com.

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Portland, Ore–Today, Oregon’s SNAP (The Survivors Network of those Abused by Priests) will be hosting a press conference and rally urging Bishop Vlazny to not appeal Judge Perris’ ruling yesterday, ordering the release of more than a thousand pages of previously unreleased documents from the files of accused clergy of the Archdiocese of Portland, including clergy not previously identified as having been accused of abusing children.

WHAT
After a sidewalk news conference, clergy sex abuse victims will try to hand deliver a letter to Portland’s Catholic bishop, urging him to

• follow Pope’s recent admonitions to “do everything” to help victims heal,
• not appeal a new court ruling that opens up pages and pages of long-hidden church records about predatory priests, and
• insist that his priests also not appeal the decision.

They’ll also urge

• any current or former church staffer or member who ignored or concealed child sex abuse reports to voluntarily disclose their wrongdoing now, before the documents are released, and
• anyone who saw, suspected or suffered abuse by clerics to come forward, get help, and call police.

 WHERE
Tuesday, July 14, 1:00 pm
Outside the Portland Archdiocese headquarters/chancery
2838 E Burnside Street
Portland, OR

WHO
Two-three clergy molestation victims who belong to a support group called SNAP (the Survivors Network of those Abused by Priests) including a Portland man who is the organization’s Oregon director

WHY
SNAP is begging Portland Archbishop John Vlazny to NOT appeal yesterday’s court decision that lets the media and the public see more than a thousand pages of previously confidential church records about pedophile priests and those who may have helped hide their crimes.

Judge Elizabeth Perris ruled that the documents could be made available in 30 days unless the accused priests or the archdiocese appealed.

Already, however, Vlazny’s spokesman says he’s "reviewing his (legal) options," and SNAP strongly suspects that he will appeal the ruling or delay the disclosure. For the safety of kids and the healing of the church, SNAP is urging Vlazny to accept the ruling, and not try to overturn it, and let the documents surface. SNAP suspects the records will reveal the names of present and past church employees who knew or suspected abuse and ignored or hid it. The group wants Vlazny to prohibit his priests’ from appealing as well.

SNAP is also encouraging those individuals to publicly confess their wrongdoing now.

In public addresses, the Pope has said “it is important to establish the truth of what happened” regarding clergy sex crimes and that Catholics should “do everything possible” to heal the wounds caused by pedophile priests. Continued secrecy, legal hairsplitting and delays, SNAP believes, contradict the Pope’s stated wishes.

Oregon kids will be safer and Catholics will be reassured, SNAP’s believes, "if Vlazny stops “exploiting every legal technicality and maneuver your lawyers can dream up, and start acting like a compassionate shepherd instead of a cold-hearted CEO, and let the truth emerge.”

CONTACT

Bill Crane (503) 781-2345
David Clohessy (314) 566-9790
Barbara Dorris (314) 862-7688

For More Information
Erin Olson, Attorney
(503)348-2036
EOlson@ErinOlsonLaw.com

July 13th, 2009

Portland, Ore.—Over three years after the conclusion of the Portland Archdiocese bankruptcy, US Bankruptcy Judge Elizabeth L. Perris today ordered the release of more than a thousand pages of previously unreleased documents from the files of accused clergy of the Archdiocese of Portland, including clergy not previously identified as having been accused of abusing children. The order also authorized the release of transcripts of depositions taken by tort claimants during the Archdiocese of Portland’s bankruptcy case, including that of former Portland Archbishop William Levada, now Cardinal of the Congregation for the Doctrine of the Faith at the Vatican. Documents summarizing the Archdiocese’s pattern and practice of ignoring allegations that its priests had sexually abused children were also directed to be unsealed in today’s order.

The order was the outcome of efforts of 22 tort claimants, represented by attorney Erin K. Olson, who were dissatisfied with the Archdiocese’s selective release of documents after Archbishop Vlazny’s public promise in April 2007 to release relevant documents relating to accusations of child abuse against priests. The tort claimants invoked a procedure agreed to by the Archdiocese in its bankruptcy case, identifying documents which had not yet been released by the Archdiocese and presenting them to Judge Perris for a release decision. Judge Perris reviewed the thousands of pages submitted, authorizing the release of most of the documents. 

Judge Perris’s 37-page opinion, incorporated into today’s order, analyzed and rejected the arguments of the Archdiocese and several individual priests who opposed the release and unsealing of documents, including arguments that the tort claimants lacked standing to seek the release of documents, and that priests who had not been the subject of legal claims and those against whom only one allegation of abuse had been made should not be identified. With respect to the latter argument, Judge Perris wrote, “Although debtor argues that false allegations have been made, and falsely accused clergy should be protected from the ‘stain of public accusation of child abuse,’ * * * it does not provide any evidence that would support a conclusion that these particular clergy were falsely accused, nor that the accusations against them were unsubstantiated.”

The deposition transcripts authorized to be released include those of former Archbishop William Levada , Auxiliary Bishop Kenneth Steiner, Fr. Charles Lienert, and Fr. Paul Peri – - all high ranking administrators for the Archdiocese of Portland when allegations of clergy abuse were brought to their attention.

"We’re thrilled Oregonians are one step closer to learning the truth about long-secret clergy sex crimes and cover ups," said Barbara Blaine of Chicago. Blaine is the founder and president of a support group called SNAP, the Survivors Network of those Abused by Priests.  “At the same time, we’re sad that Catholic officials continue to spend hundreds of thousands of dollars, given by generous parishioners, to protect dangerous predators and their complicit colleagues. We’re especially grateful that Cardinal Levada’s deposition will be disclosed. Too often, those at the top of the church hierarchy succeed in keeping their own involvement in horrific child sex cases under wraps."

Judge Perris’s order stayed the release of the documents for 30 days to give the Archdiocese and the accused clergy and former clergy time to decide whether to appeal the order. “Whether the Archdiocese appeals, or funds an appeal by its clergy, will reflect the integrity of its commitment to transparency and the healing of those abused by its priests,” said Olson, who represented the tort claimants in the effort.

“Erin and her clients deserve a great deal of credit,” said Kelly Clark, an attorney who represented nearly 40 survivors who entered into an agreement with the Archbishop, whereby the Archdiocese would voluntarily disclose documents. That agreement resulted in a lengthy mediation and arbitration finalized last year, resulting in the Archdiocese being forced to release some, but not all, documents. “Erin called this one spot-on: she was right that the Archdiocese could not be trusted to follow through on its promises. I applaud her tenacity and hard work,” said Kelly Clark.

###

View the official decision here.

For More Information Contact:

David Clohessy, SNAP: (314) 566-9790 (Cell)
Stephen Walsh, Tort Claimant Spokesman: (510) 260-7297
Peter Carlich, Tort Claimant Spokesman:(541) 528-3380

Salem-News.com

Tim King
June 25th, 2009

After clearing the House, House Bill 2827 will go to Oregon Governor Ted Kulongoski to be signed into law.

(SALEM, Ore.) – A bill that would raise the age of sex abuse victims in Oregon from 24 to 40 will likely become law. The future of House Bill 2827 appeared bleak when we wrote about it May 28th 2009. (see: Will Oregon Stand for Sex Abuse Victims? – Tim King Salem-News.com

Many of the cases originate from churches in Oregon and experts like Portland Attorney Kelly Clark, say it often takes several decades for a person to comprehend the magnitude of their experience and come forward.

Bill Crane from the group SNAP, (Survivors Network of people Abused by Priests) says it is a good day in Oregon and while cautious, he agrees that it is good news on a day that could use it.

Molly Woon with the Oregon State Legislature says H.B. 2827 passed through the Senate Floor today, after moving through the Oregon House unanimously.

Woon says there was an amendment and the bill has to now go back to the House for concurrence. The change, "removed definition of causable connections between injury and child abuse," according to Woon.

She says it amounts to a technical fix.

After clearing the House, House Bill 2827 will go to Oregon Governor Ted Kulongoski to be signed into law.

For Immediate Release:
June 18th, 2009

For More Information:
Attorney Kelly Clark: (503) 306-0224

Salem, Ore.—In a decision with major ramifications for the casino gaming industry in Oregon, the Supreme Court today ruled that a citizens’ group has the right to challenge the constitutionality of the agreement by Governors Kulongoski and Kitzhaber to a compact siting the Three Rivers Casino in Florence, on the grounds that the Oregon Constitution expressly prohibits casinos.The citizens’ group, People Against A Casino Town (PACT) has been challenging the casino since shortly after it was approved, filing a string of lawsuits in state and federal courts, and seemingly being rebuffed at every turn.  No longer, thanks to today’s decision, according to Portland attorney Kelly Clark, who represents PACT:

"For five years now we have been asking a very simple question: how is it, in a state whose constitution expressly prohibits casinos, that our governors keeps siting casinos?  No one wants to answer that question, and we have been bounced from court to court, with the State of Oregon pulling every procedural trick in the book, until today. The Court today has said, quite simply: ‘Governor, you must answer the question and defend the constitutionality of your actions.’  This is all we have asked for—to gain some accountability by the Governor under the Constitution, which is quite clear, that casinos are prohibited in Oregon.  It is a good day for Florence and for the Oregon Constitution”

The case will now go back to the Circuit Court for Lane County for a decision on the merits. Clark said he expected that the briefing and decision from that court could come as early as later this year. “The issues are pretty clear cut– does the Constitution mean what it says, and does it apply to tribal casinos? The disagreement is not on the facts but on the law, so it should be pretty straightforward.We are looking forward to finally getting the answer to our very simple question.”

###

For Immediate Release
June 12, 2009

For More Information:
Kristian Roggendorf, attorney for the plaintiff
(503) 274-1168 or ksr@oandc.com

Gregory Tressel v. David Reeves, David Frasher, and City of Grants Pass

PORTLAND, ORE–Former Grants Pass Budget Committee member Greg Tressel filed suit in federal court today, alleging that the Grants Pass City Manager and Chief Financial officer illegally conspired to intimidate Tressel into leaving his appointed position through an intrusive and unlawful investigation into his private life.

Tressel is suing under federal civil rights law, Oregon’s Racketeer Influenced and Corrupt Organization law (ORICO), and state tort law for the City’s investigation into his private life that included a visit to his house from Grants Pass CFO David Reeves demanding that he be allowed to look through Tressel’s personal effects.Kristian Roggendorf, Tressel’s attorney, said of the filing, “The attempts at bullying and intimidation by City Manager David Frasher’s administration will no longer be tolerated in Grants Pass.”

The complaint alleges that after Tressel was appointed to the City’s Budget Committee following the election of a new majority on the City Council, the City’s Chief Financial Officer David Reeves conducted an investigation into Tressel’s residency without any authority to do so under Oregon law or the Grant’s Pass Charter or Code.Not only did Reeves do things like look at Mr. Tressel’s personal checks, he also demanded that Tressel’s wife allow him to search Tressel’s residence after Tressel left for work one morning.Roggendorf noted that before the attempted search, “David Reeves already had all the information he needed to show that Mr. Tressel was qualified to sit on the budget committee.This was political intimidation, pure and simple.”Tressel intends to donate any proceeds form the suit to local charities.

###

View the Official Complaint.

www.OregonLive.com

by Paul Mones, guest opinion
Tuesday June 02, 2009, 8:30 AM

Our state legislators are in the midst of dealing with one of the worst fiscal crises in recent memory. No doubt they will have to make many tough, unpopular decisions this year. However there is one legislative decision they need not fret over because it is a no-brainer. House Bill 2827 is a simple piece of legislation that gives an extra measure of justice to victims of child abuse.

In the words of one of the bill’s co-sponsors Chris Garrett (D-Lake Oswego ) – the other sponsor is Rep. Andy Olson (R-Albany) – this bill "will ensure an effective civil remedy for victims of child abuse."

The bill extends the present statute of limitations by giving victims until the age of 40 to file an action against their abuser, requiring that claims be initiated by the time the victim turns 40 years old or within five years of when the injury or the connection between the abuse and the injury is discovered. The bill has unanimously passed the house but curiously has not received the same overwhelmingly positive reception in the Senate.

The extension of the statute of limitations makes common sense because it recognizes that most child victims of sexual abuse cannot confront their debilitating problems until they are mature adults. Moreover, most victims can’t even make the connection between the abuse and their psychological problems until they have some real distance from the time period of their abuse.

Child abuse is the perfect crime because its victims are too powerless, too confused to help themselves when they are actually being abused. These children travel quietly through their days interacting with teachers and passing police officers, friends and neighbors, never revealing the anguish of their existences. And if by chance someone asks them how they are being treated at home their responses will be uniformly the same: OK.

As adults we expect all human beings to escape or at least want to escape when someone injures them, but for victims of abuse, the reverse occurs. And that is in fact perhaps one of the most insidious aspects of child abuse: It binds the child closer to the abuser. The abuser’s threats and intimidation engender in the child not only fear but self-blame and embarrassment – all of which turns a child’s survival mechanisms topsy-turvy. Emotional attachment and sexual violence become so inextricably confused that even when the abuse is reported, the child will often kick and scream as they are being removed from their draconian environment by a social worker.

The other aspect that makes child abuse a perfect crime is that most adults continue to believe that child-rearing is a private matter. They don’t want a relative, friend or neighbor telling them how to raise their child so they won’t intervene in someone else’s family. While we all cherish our right to privacy, our devotion to this cornerstone of democracy is strangling the lives of thousands of children every year. Abusive parents and caretakers thrive on isolation and that is exactly what their relatives, friends and neighbors give them.

Daily, people turn a blind eye to the screams, bruises and frightened eyes of battered and molested children. Their reaction actively reinforces the offender’s omnipotence and tells the child you’re on your own, no one is going to help you. By powerful social training we are more likely to intervene on behalf of a dog being kicked by its owner than a child being mistreated by a parent. As Americans we routinely gawk at the suffering of car accident victims but we avert our eyes and ears when we see a child being backhanded in a supermarket.

It is often only when a child becomes a mature adult that he or she has the strength and emotional resources to confront the scourge of their past.

We have done much in Oregon over the past few years to protect victims of abuse, the most recent example being the passage of HB 2062, which will prevent schools from silently moving sexually abusive teachers one district to another. If the Senate saw fit just several weeks ago to join the House in ending the scandalous practice of allowing sexually abusive teachers from negotiating sweetheart deals with their school districts, then it surely should see the wisdom in HB 2062.

Paul Mones is an attorney and a children’s rights advocate.