"file:///C:/Users/citymanager/AppData/Roaming/Microsoft/Signatures/dan%20huff_files/Image001.jpg"From: Dan Huff
Sent: Wed May 08 14:35:17 2019
To: Alice Cannon; Gerald Fisher
Cc: Christie DeSantis
Subject: FW: Statement for the record Molalla City Council meeting May 8, 2019
Importance: Normal
This is what I wrote back to Jennifer Satter in case you hear something.
From: Dan Huff
Sent: Wednesday, May 08, 2019 2:18 PM
To: Jennifer Satter <jsatter@cityofmolalla.com>
Subject: RE: Statement for the record Molalla City Council meeting May 8, 2019
Jennifer – My focus is not whether an individual Commissioner is right or wrong. My focus is what is in the best interest of the process and the City of Molalla. We have heard from our city attorney on numerous occasions that we should not discuss matters regarding pending land use actions on Facebook and /or in the public. His advice - just don’t do that and there will be no potential issues. I also mentioned in my e-mail that we would go through a disclosure process at the beginning of the meeting as we do prior to every public hearing.
The libel issue is a personal matter and will not be taken up by the Planning Commission or the City of Molalla.
Dan Huff
City Manager
City of Molalla, Oregon
(503) 829-6855
"file:///C:/Users/citymanager/AppData/Roaming/Microsoft/Signatures/dan%20huff_files/Image001.jpg"
_______________________________________________________________________________
PUBLIC RECORDS LAW DISCLOSURE
This e-mail is a public record of the City of Molalla and is subject to public disclosure unless exempt from disclosure under Oregon Public Records Law. This e-mail is subject to State Retention Schedule
From: Jennifer Satter <jsatter@cityofmolalla.com>
Sent: Wednesday, May 08, 2019 1:04 PM
To: Dan Huff <dhuff@cityofmolalla.com>; Debbie Lumb <dlumb@cityofmolalla.com>; Doug Eaglebear <deaglebear@cityofmolalla.com>; Rae-Lynn Botsford <rbotsford@cityofmolalla.com>; Steven Deller <sdeller@cityofmolalla.com>
Cc: Alice Cannon <acannon@cityofmolalla.com>
Subject: Re: Statement for the record Molalla City Council meeting May 8, 2019
I have spoken to two land use attorney's at the firm I work for today. One I had forwarded Susan's blog posting to. He felt that I was no where near meeting any of her accusations and that I could certainly disclose my participation in the FB discussion at the meeting. In his opinion the comments that Susan referenced did not indicate any bias and seemed informational in context (which was my intention at the time of posting). He did however have some question to legal issues in regard to libel issues on Susan's part since Planning Commissioners are not elected officials.
From: Dan Huff
Sent: Wednesday, May 8, 2019 11:10 AM
To: Debbie Lumb; Doug Eaglebear; Jennifer Satter; Rae-Lynn Botsford; Steven Deller
Cc: Alice Cannon
Subject: FW: Statement for the record Molalla City Council meeting May 8, 2019
Planning Commission – Here is a quick reminder that your role as Planning Commissioners comes with a few checks and balances regarding discussing pending land use actions on social media or anywhere else. Below is a note I sent to our Molalla City Council that applies to you all as well. Bottom line – its important that we stop and think about social media posts when a land use action may be pending. We will need to go through some disclosure processes prior to the public hearing.
We can discuss next week but let me know if you have questions.
Dan Huff
City Manager
City of Molalla, Oregon
(503) 829-6855
_______________________________________________________________________________
PUBLIC RECORDS LAW DISCLOSURE
This e-mail is a public record of the City of Molalla and is subject to public disclosure unless exempt from disclosure under Oregon Public Records Law. This e-mail is subject to State Retention Schedule
From: Dan Huff
Sent: Tuesday, May 07, 2019 4:40 PM
To: Keith Swigart <kswigart@cityofmolalla.com>; Elizabeth Klein <eklein@cityofmolalla.com>; Leota Childress <lchildress@cityofmolalla.com>; DeLise Palumbo <dpalumbo@cityofmolalla.com>; Jody Newland <jnewland@cityofmolalla.com>; Terry Shankle <tshankle@cityofmolalla.com>
Subject: FW: Statement for the record Molalla City Council meeting May 8, 2019
Mayor and Council – I am aware that Ms. Hansen sent her statement to you all. Even though she did not include me in her e-mail, I wanted to make a few comments regarding her issue with Facebook posts and pending land use actions.
In this case, Ms. Hansen is correct. Planning Commissioners and/or City Councilors should not be commenting on Facebook or anywhere else regarding pending land use actions. Land use actions are based on clear and concise criteria listed in the Development Code, Public Works standards and any other agency rules and regulations. Not public opinion. Facebook is no different than speaking with a citizen at Safeway about a pending action – it should not be done. It is actually ex parte contact and may be construed as bias down the road. Councilors should not comment on a pending land use action because the City Council is the hearings body if an application is appealed. Councilors and Planning Commissions are in the same category in this instance.
However, this issue is not part of your decision to appoint a new planning commission member and I do not believe it is an appropriate discussion as part of that process. We do train our people serving on committees, commissions and city council. We just need to remember to be careful.
Let me know if you have questions.
Dan Huff
City Manager
City of Molalla, Oregon
(503) 829-6855
_______________________________________________________________________________
PUBLIC RECORDS LAW DISCLOSURE
This e-mail is a public record of the City of Molalla and is subject to public disclosure unless exempt from disclosure under Oregon Public Records Law. This e-mail is subject to State Retention Schedule
From: Susan Hansen <foxglovefarm@inbox.com>
Sent: Tuesday, May 07, 2019 12:13 PM
To: Terry Shankle <tshankle@cityofmolalla.com>; Jody Newland <jnewland@cityofmolalla.com>; Keith Swigart <kswigart@cityofmolalla.com>; DeLise Palumbo <dpalumbo@cityofmolalla.com>; Leota Childress <lchildress@cityofmolalla.com>; Elizabeth Klein <eklein@cityofmolalla.com>; Kelly Richardson <krichardson@cityofmolalla.com>
Cc: jbaker@canbyherald.com; crosen@pamplinmedia.com; jennifer.donnelly@state.or.us; Alice Cannon <acannon@cityofmolalla.com>
Subject: Statement for the record Molalla City Council meeting May 8, 2019
Dear City Council,
Please enter the attached comments into the record for the May 8, 2019 discussion regarding membership in the Molalla PC. I have partcipated in Molalla's "planning" since 2007 and my observation is that Molalla's PC continues to lack diversity, fails to retain members and sorely lack training. You now have a PC member who has clearly violated ex parte contact rules and has shown blatant bias - you have dismissed PC members for far less. I would also suggest that City Council members be aware that they are also under the ex parte contact rules - Councilor Palumbo was part of a Molalla Now discussion about the Cascade development plans which could end up at a hearing before the City Council in the future.
Susan Hansen
Molalla
