Kenneth C. Bauman Telephone: (503) 223-1468 Cell (971) 409 … · Kenneth C. Bauman . Telephone:...

Kenneth C. Bauman Telephone: (503) 223-1468 Cell (971) 409-8642

[email protected]

Education: 9/62 – 6/66 University of Oregon: Bachelor of Science Degree (BS) in Business

Administration, Personnel and Industrial Management 9/66 – 6/69 University of Oregon Law School: Juris Doctoris (JD) Degree 9/69 – Present Admitted to and an active member of the Oregon State Bar. OSB #69014 Employment: 8/69 – 8/72 Special Agent, Federal Bureau of Investigation (FBI), United States

Department of Justice.

8/25/69 Sworn in as Special Agent 8/69 – 12/69 FBI Academy 12/69 – 1/71 Special Agent, Houston, Texas Field Division 1/71 – 8/72 Special Agent, Los Angeles, California Field Division

8/72 – 1/07 Assistant United States Attorney (AUSA) for the United States Attorney’s Office for the District of Oregon, Portland Office, United States Department of Justice.

8/73 – 8/90 Criminal Division:

Supervised investigations and prosecutions of individuals and organizations committing violations of federal criminal statutes, primarily in the United States District Court and United States Ninth Circuit Court of Appeals.

8/92 – 1/07 Civil Division:

Represented the United States, its agencies, and/or employee(s), involved in civil litigation. This representation began from the filing of a lawsuit, through trial and appeal in both defensive and affirmative litigation in the United States District Court and United States Ninth Circuit Court of Appeals.

During my time in the criminal and civil divisions of the United States Attorney’s Office, I interacted with all of the agencies of the United States, its employees, and have been involved in cases that covered almost every federal statute, rule, or applicable policy.

Work Related Outside Activities: 1972 – 1975 Served in, and subsequently managed, the Office of Drug Abuse Law Enforcement

(ODALE) for the United States Attorney’s Office for the District of Oregon. This was “Nixon’s war on drugs” and involved running a task force of federal and state law enforcement dedicated to enforcing state and federal drug laws.

1973 – Present Member, Society of Former Special Agents of the Federal Bureau of Investigation. 1980 – 1992 Initiated the organization and subsequently managed the Organized Crime and Drug

Enforcement Task Forces (OCDETF) for the United States Attorney’s Office for the District of Oregon. A task force of federal and state law enforcement dedicated to enforcing state and federal laws and related offices. Subsequently served on its oversight board.

1982 – 1992 Founding member, Regional Organized Crimes Narcotic Task Force (ROCN) for the

United States Attorney’s Office for the District of Oregon. A task force of federal and state law enforcement dedicated to enforcing state and federal laws and related offices. Subsequently served on oversight board. The emphasis of this task force was mid-level drug dealers who were not targeted by OCDETF. The majority of those in the task force were local law enforcement.

1989 – 2005 Board Member of the Executive Committee, Criminal Law Section, Oregon State

Bar. The Committee represented members to the Oregon State Bar involved in criminal litigation in both the prosecution and the defense. Also, the Executive Committee of the Criminal Law Section put on a CLE once a year. I served as Treasurer of the Committee from 1992-2005.

1989 – 2007 Founding member, National Association of Assistant United States Attorneys

(NAAUSA). After retirement, an associate member. This is an organization promoting issues related to AUSAs throughout the country.

1989 – 2007 NAAUSA representative for the District of Oregon. 2003 – 2007 NAAUSA member of Board of Directors. 2007 – Present NAAUSA Associate member.

1994 – Present Member, Board of Directors, for the Northwest Regional Re-entry Center (NWRRC), formerly the Oregon Halfway House (OHH). NWRRC is a nonprofit, 94-bed facility that provides transitional community housing for federal inmates serving the last six months of his or her sentence. NWRRC provides federal inmates with the opportunity to readjust to the community. In addition, NWRRC houses some individuals awaiting trial in federal court as a condition of pretrial release. NWRRC is currently involved in an expansion to a 125-bed facility.

2007 – Present Private Legal Practice. Presently, on a selective basis, take on litigation and projects

that interest me. 9/9/14 – Present Appointed by the Oregon State Bar Board of Governors (BOG) to the BOG’s

Disciplinary System Review Committee.

Page | 1 Charles Akin Blitz Curriculum Vitae

CURRICULUM VITAE

CHARLES AKIN BLITZ LEGAL PRACTICE Bullard Law, Shareholder, 1998-present Lane Powell, Partner/shareholder, 1983-1998; Portland office chair for associate performance and compensation review Oregon Department of Justice, Assistant Attorney General, 1982-1983 Labor Relations Section, serving all state agencies/offices Young Horn Cass & Scott, Associate, 1979-1982 Office of the Judge Advocate General, Navy Department And Headquarters Battalion Headquarters Marine Corps 1976-1979 EDUCATION LL.M, 1979 Georgetown University Law Center (Labor & Employment Law) J.D., 1975 Northwestern School of Law, Lewis & Clark College B.A., 1972 Willamette University (Political Science) Other: FBI National Law Institute - 13th Session 1992, FBI Academy,

Quantico VA Public schools of Hillsborough and San Mateo, CA

Punahou, Honolulu HA Law School: “Best Written Brief” and “Best Overall Advocate” awarded 1973 Moot Court Board Member, 1974-1975 Legal Writing Honors Program, 1973-1974 Legal research and writing teaching assistant, 1973-1974 ADMISSIONS TO LEGAL PRACTICE & BAR AFFILIATIONS U.S. District Court – Oregon, 1975 U.S. Supreme Court, 1979 Oregon Supreme Court, 1975 Washington Supreme Court, 2002 U.S. Court of Appeals, Ninth Circuit, 1975 U.S. Court of Appeals, Fourth Circuit, 1977 U.S. Court of Appeals, D.C. Circuit, 1978 U.S. Military Court of Appeals, 1976 U.S. Tax Court, 1979 Oregon State Bar Assn., 1975-present Chairman, Labor and Employment Section, Oregon State Bar, 1995-1996


Washington State Bar Assn., 2002-present American Bar Association, 1976-present, with a gap in membership; ABA Committee on

State & Local Government Bargaining; Young Lawyer’s Division Delegate to the ABA Labor and Employment Section 1978-1980

Federal Bar Association, 1978-1982 PROFESSIONAL RECOGNITION The Best Lawyers in America Oregon Super Lawyers Life Member, Oregon Assoc. Chiefs of Police, for service with honor and distinction determined unanimously by Board of Directors and vote of membership The Oregon Assoc. Chiefs of Police Karlyn Campbell Award, 2013

in recognition of sustained mentoring and guidance of Oregon’s law enforcement professionals over decades.

The Daily Journal of Commerce Leadership in Law Award, 2011 for demonstrating outstanding achievement in the law, in the profession and in the community.

The Oregon Humane Society Animal Advocate Award, 2012 for leadership and commitment to animal welfare and influence in the legislative process of HB 4021 (Humane Agent Bill)

Oregon Super Lawyers 2008 feature article, “The Akin Heart” Oregon State Bar Bulletin October 2007 feature article, “Profiles in the Law: The Other End of the Leash – Akin Blitz Brings Pet Therapy to the Hurting and Fragile” The Oregonian June 21, 2007 public interest article by John Snell, “These Dogs Wear a Badge of Caring” (page E-1) CHARITABLE AND CIVIC INVOLVEMENT Oregon Humane Society, Trustee; Chairman of Governmental Relations; Legal Counsel

to Investigations Department Portland Marathon Committee; Police & Public Safety Liaison Dubrovnik International Half Marathon; Federal Police Liaison Public Safety Research Group, City of Portland Mayor Charlie Hales (group of seven

requested to meet and advise the Mayor and Chief of Staff periodically upon topics as requested)

Portland Metro Law Enforcement Dinner Council; periodic host and frequent attendee at

law enforcement gathering of chiefs, sheriffs and federal partners instituted by FBI SAC Julius Madson over thirty years ago to foster communication and relationship among law enforcement leaders state and federal

Cascade Crisis Canine Response, former Director and canine handler


Oregon Veterinary Medical Association Hall of Fame, 2007 canine team inductee for service to the veterinary profession and promoting awareness of the human- animal bond Team Leader; Coordinator of the Washington County Sheriff’s Office Canine Crisis

Response Team PERSONAL CONTACT INFORMATION Mobile 503.784.1766 Office 503.248.1134 Direct 503.721.2602 APPENDICES REFLECTING EXPERIENCE & PROFESSIONAL ACCOMPLISHMENTS Appendix A: Significant Accomplishments on Behalf of Clients Appendix B: Description of Law Practice Appendix C: Specific Representation Related to the Criminal Justice System Appendix D: Instruction Presented to Clients and Associations Appendix E: Papers and Publications Appendix F: Police Officer/Deputy Sheriff Service Appendix G: U.S. Marine Corps Service


APPENDIX A: SIGNIFICANT ACCOMPLISHMENTS/CASES Amicus testimony upon invitation of United States District Judge Michael Simon in United States of America v. City of Portland (3:12-CV-02265-SI) related to fairness and consent decree issues and allegations of civil rights violations by the Portland Police Bureau. Engaged to investigate and/or direct public accountability investigations concerning chief executives and elected officials, and advise concerning responses and process, including for example:

♦ circumstances leading to Weaving v. City of Hillsboro, Case No. 12-35726 (9th Cir. 2014) (Sergeant termination due to coworker complaints that he was “tyrannical, unapproachable, non-communicative, belittling, demeaning, threatening, intimidating, arrogant and vindictive” included determination that City not obligated to accommodate ADHD; Ct. App. entered judgment for the City holding sergeant was not disabled.)

♦ employee workplace allegations and charges of misconduct against elected official on behalf of county employer as to workplace allegations, and Attorney General and State Auditor as to regulatory and potentially criminal charges

♦ employee charges that county elected official did not follow Oregon laws pertaining to the functions of the Office, was negligent or incompetent and managed the Office contrary to county employment policies, leading to report and recommendations to and protective measures by the Board of Commissioners

♦ fire chief alleged to have disregarded policy and directives of city manager, leading to separation

♦ police chief performance assessment responsive to internal complaints relating to overall management, leadership and chief interactions with subordinates, leading to team building, clarifications of expectations and ultimately, when corrective measures failed, job separation of the chief and a subordinate command officer

♦ city manager performance related issues, leading to negotiation of separation ♦ allegations related to dysfunctional dynamics involving the chief executive officer

and subordinate executives leading to report and recommendations to the governing body and resolution facilitated by elimination of cause of dissention

♦ allegations related to workplace actions and atmosphere against county chief executive, resolved through team building and training, including governing body training related to role, responsibility and boundaries

♦ assessment of president leadership and allegations of college faculty’ and classified employees’ allegations at request of the President with report of findings and recommendations to the president and Board

♦ differences, disputes and allegations between and among elected and appointed officials, leading to successful resolutions and outcomes

Relied upon in Equal Employment Opportunity Commission case 2:11 CV00920 CW (USDC Utah 2012) where a consent decree requiring civil rights policy implementation, legal review and employee training designates Akin Blitz to review employer’s anti-


discrimination policy to ensure its compliance with the Decree and provide whatever additional input he determines in his own judgment to provide; and to perform the training called for by the Decree. Columbia County jail prisoner federal civil rights class action (innovative motion to dismiss challenging class certification granted by US Dist. Ct. Judge Burns, breaking Roy Haber line of successful prisoner actions ending in consent decrees against Oregon counties). Washington County Peace Officers Assn. and Washington County (amicus contentions argued for OSSA adopted by ERB in seminal Weingarten decision and affirmed on reconsideration). Cuff v. Washington County (amicus brief for OSSA re enforceability of arbitration award). Penk v. Oregon State Board of Higher Education (employment discrimination class action). Tatum v. Oregon Department of State Police (employment discrimination). Washington v. Eugene Water and Electric Board (employment discrimination – race, sex, age, injured worker, union activist claims defeated in federal court trial). Guard Publishing Co. v. Sheriff David Burks (public records concerning jail riot/force/investigation obtained for newspaper). Willamette Week v. Washington Savings and Loan (public records litigation & appeal). New Era Publishing v. City of Sweet Home (successful resolution of public records disclosure requests involving competing disclosure exemptions on behalf of the City police department). During the late 1980s and early 1990s assisted over thirty (30) police agencies to modernize and update policies and procedures based on a model I authored, and worked with units of government on updating personnel policies and procedures consistent with a model prepared for the Special Districts Assn of Oregon. Successful outcomes involving Oregon Government Standards & Practices Commission regulatory efforts affecting members of boards of directors of a library district, transit district, a county and municipalities. Innovation of “speed bargaining” for Hillsboro Police Department with its police Association (concept of time focused limited duration bargaining & inability to advance other than wage and insurance issues to mediation or arbitration).


Stomps v. City of Gresham (officer involved shooting and justification for use of force). State of Oregon v. City of Junction City (pursuit tactics and vehicular liability). ******** v. Port of Portland (arrest and use of force) and related officer performance and accountability matters and risk management and policy/enforcement initiatives by the Port. Dennis Beyer trilogy of grievances against Baker City Police Department (two cases of police misconduct and eventual officer dismissal). Kalbasky v. City of Gresham (summary judgment granted by US District Judge Jones in favor of the City defeating federal civil rights claims associated with dismissal of police lieutenant). Armentrout v. St. Helens Fire District (fire chief misconduct job separation; US Dist. Ct. summary judgment). Successful outcomes in federal Fair Labor Standards Act litigation concerning police canine handlers in Klamath County, 9-1-1 dispatchers in Klamath County, corrections deputies in Klamath County, police officers in Sweet Home, employees at the Oregon Museum of Science and Industry, and others. Litigated numerous “just cause” discipline and dismissal cases before civil service commissions and in labor arbitration involving varied fact scenarios. Creative strategy advice to clients in 1991 concerning prospective litigation and likely outcomes of the Ballot Measure 8 initiative concerning PERS contributions, the effect of which was to avoid union and employee claims and conflicts as well as ultimate retroactive liability for retirement contributions withheld in compliance with the Ballot Measure which several years after passage was invalidated by the Oregon Supreme Court. Groundbreaking interest arbitrations involving City of Springfield (inability to pay/police); City of Eugene police and City of Walla Walla firefigthers (comparability and local labor market established, invalidating Aitchison All West Coast cities approach which had prevailed in many analytically rulings adverse to cities and counties based on flawed Professor Zerbe analysis); Winston Dillard Fire District (super seniority for paramedics); City of Roseburg (comparator validity excludes large fire district employer which serves constituent cities of size comparable to Roseburg). Litigated first successful interest arbitration in Oregon compelling reductions in insurance benefit plan design and employee contributions to costs, involving City of Coos Bay and its firefighters union (1993) and successful follow-up interest arbitration (same subjects/issues) involving Clatsop County Sheriff’s employees.


Litigated numerous interest arbitrations involving economic and operational issues affecting public safety employers throughout Oregon and Washington. Successful mediated outcome disposing of litigation claims in Steven Bauer v. Boy Scouts of America related to his disqualification as a Boy Scout leader and his misconduct involving youth. Achieved resolution and full restitution of hundreds of thousands of dollars in employment related embezzlement cases with and without the involvement of law enforcement in situations involving a municipal court clerk, emergency physician medical group bookkeeper, travel agent, union official, fire district finance official, and a veterinary technician. Testified before the Oregon Legislature, consulted with Tri-Met and its lobbyists and assisted in meetings with numerous legislators in order to successfully resist ATU efforts to become strike prohibited and gain the rights of interest arbitration under General Manager Cowan. Advised and trained Oregon Transit Assn. board members and General Managers related to interest arbitration, preparation and negotiation strategies following the ATU subsequent success in gaining interest arbitration. Advised Tri-Met General Manager Cowan in order to effectuate abolishing the Tri-Met Transit Police as an independent agency, and transition the function to professional tri-county law enforcement agencies. Developed and negotiated labor contract language preserving to the elected District Attorney unreviewable discretion in the “at will” employment of professional staff and complete discretion in the operation of the Office and delegation of work without regard to the bargaining unit. (Clallam Co., Washington, and Clatsop, Umatilla and other Oregon counties). Developed model form of employment agreement to effectively protect the interests of the key public sector executive, the public entity, and the public. Taught concerning its proper use to League of Oregon Cities, Special Districts Association, Oregon Fire Chiefs Assn., Oregon Assn. Chiefs of Police and others. Negotiated numerous such agreements, and litigated cases arising from poorly drafted public executive agreements. Developed high risk management consciousness among client decision makers, forging interactive client advice calculated to insure that winning strategies are pursued and proper procedures are followed in situations likely to lead to appeal, grievance or litigation.


APPENDIX B: DESCRIPTION OF LAW PRACTICE

As a former police officer, deputy sheriff and assistant attorney general in the labor law section of the Oregon Department of Justice, I have over 35 years of experience in representing public entities in labor relations, employment law and selected municipal law and litigation matters. My experience includes collective bargaining of numerous public safety contracts, interest arbitration, grievance arbitration, union organizing and representation, employment litigation, and all aspects of labor contract administration, including labor contract analysis, drafting contract proposals, developing bargaining strategies, risk avoidance, policy and procedures development. I have handled four landmark interest arbitrations of significant public sector impact: Roseburg, Eugene and Walla Walla cases involving labor market and comparability methodology, and Coos Bay involving health benefit take-aways.

Greatest successes are achieved on behalf of clients for whom I am able to mentor

investigators, supervisors, managers and executives as they strategize and problem solve so that, when the work product is complete and the decision made, the record is optimal for success in the court of public opinion, arbitration and in litigation. Collaborated in the conception and assisted with the creation and development of the SDAO insurance services self insured pool pre-loss legal program in conjunction with its Claims Manager Robert Murch, which has been the model for others.

Representation of public bodies, police officers and insurers in civil rights and

public liability litigation included contributing to the successful defense verdict in Stomps v. City of Gresham, a wrongful death case involving defense of the City and two police officers who were forced to shoot decedent, and advising concerning the employer actions following traffic crashes, pursuits, use of force events, deadly force events, canine deployments, and other police actions resulting in claims.

I have routinely advised on general municipal law, enabling legislation, municipal

charters, and public records, open meetings and ethics laws, and have served as pre-loss counsel for the Special Districts Association of Oregon insurance trust – a program which I helped initiate and which has become a “standard” used by Oregon public entity insurers. Instruction has included police civil liability, labor relations institutes and programs sponsored by such entities as AOC, LOC, LGPI, OSSA and DPSST, and serve on the faculty of the Oregon Sheriff’s Command College teaching supervision, labor and employment topics to command personnel.

During Steven Telfer’s tenure as LGPI executive director and for some years

thereafter, I served in the capacity of outside LGPI General Counsel. I have brought a diverse background to bear in bargaining and in offering on-

going police legal advice, policy writing and review, risk management, identification of best police practices, and by insuring contracts are clear and consistent with best practices, law and risk management interests. I regularly advise police and other


executives on performance, discipline, civil service and police civil liability matters. While serving as Police Legal Counsel for police agencies, I retained sworn, limited police commission status in Oregon.

Actively represented or assisted in or supervised the representation of services

provided to public bodies including:

• The State of Oregon, • Assistant Attorney General, serving Dave Frohnmayer • And for selected case/agency representation as • Special Assistant Attorney General for Ted Kulongoski, and • Special Assistant Attorney General for John Kroger • Sixteen counties • At least twenty-nine Pacific Northwest cities • Five large public hospitals • Seven fire districts • Five 9-1-1 agencies • Five sheriff, police and fire chief associations • Three community colleges • One development commission • Four mass transit districts • Multiple public electric utilities

Clients represented in matters of significance have included the Governor, the

Commissioner of Labor & Industries, SAIF Corporation (Director, officers and Board of Directors).

Service as an agency/municipality lawyer frequently is in partnership with elected

and appointed officials requiring a keen understanding of organizational structure, of developing solutions and strategies to deal with organizational dysfunction and of solving important problems at the organizational level.

Long term engagements have required direct involvement in the leadership and

management of client police agencies, including crisis management and crisis communication. Service to a regional hospital system and other large clients involved assistance in a similar capacity with crisis communication strategies.

Provide oversight and coordination in cooperation with the Oregon Assn. Chiefs

of Police Executive Resources Committee, including reorganization studies and assistance in support of police agency assessments


APPENDIX C: SPECIFIC REPRESENTATION RELATED TO THE CRIMINAL JUSTICE SYSTEM Legal Counsel, Oregon Association Chiefs of Police, 1987 to present OACP Labor Issues Committee co-chair, member

OACP Executive Resources Committee member OACP Intergovernmental and Legislative Committee member OACP ByLaws Committee Legal Counsel and Special Deputy Sheriff, Washington County Sheriff 2005 to present under Sheriff Garrett; commissions and assignments of other sorts under former Sheriffs Gordon, Spinden, and Probstfield dating from 1988 Police Legal Counsel, Hillsboro Police Department, 1985 to 2013

under Chiefs Herm Woll, Ron Louie, Lila Ashenbrenner, Carey Sullivan and Interim Public Safety Director Ron Louie, and five city managers

Legal Counsel, Clackamas County Sheriff, 2005 to present under Sheriff Roberts Legal Counsel, Oregon State Sheriffs’ Association, 1985 to present

• Advised and strategized with OSSA and developed supporting studies in conjunction with Multnomah County Sheriff Fred Pearce’s research and planning staff, drafted legislation setting a floor for County compensation of the Sheriff, and testified in successful support of SB 1029 (ORS 204.112) guaranteeing minimum compensation to Oregon Sheriffs in subsection (4) which requires that a sheriff’s salary be fixed in an amount not less than any member of the department.

• Defend right of the elected Sheriff to retain his office during long term disability and inability to attend work (Polk County), or retain office following staff error and missed filing deadline of proof of qualification to hold office (Jackson County).

• Staffing and research of legal, practical and political issues concerning the consolidation of the LaGrande Police Department and the Union County Sheriff’s Office within the Office of the Sheriff.

• ERB amicus brief in Washington County Weingarten case on behalf of OSSA and OACP concerning non-interference by union representative in an investigatory interview of the Sheriff’s Office.

• Court of Appeals amicus brief regarding scope of bargaining (safety/staffing of a fire engine; public safety and officer safety); amicus brief regarding public interest for OSSA, OACP and others in case of the Washington County and Cuff arbitration decision.

• Burks v. Lane County related advice concerning the County’s duty to fund a certain level of sheriff’s office services; advice to governing bodies of multiple counties concerning the Board/elected official relationship, and the proper prerogatives of elected officials.


• Prisoner rights and jail litigation; jail standards and policy revisions and implementation; successful resolution of Union County Jail litigation; obtained successful dismissal of prisoner rights class action in federal court against Columbia County and the Sheriff alleging violations of constitutional jail standards.

• Lobbying for management regarding police Bill of Rights legislation in multiple sessions of the Legislature on behalf of OACP and/or OSSA.

• Lobbying, legislative testimony and advice to sheriffs’ and chiefs’ (police and fire) associations, LOC and AOC regarding public safety labor issues, including staffing, safety and discipline.

• OrOSHA investigations concerning safety complaints related to police patrol minimum staffing, radio coverage, design of a “panic” control on a handheld radio, and jail balcony railing design (Marion and Polk Counties)

Quoted in Conley v. City of Lincoln City, 2004 WL 948427 (USDC Or Mossman 2004) City motion for summary judgment granted in its entirety with the Court relying on and quoting, “Upon completion of the investigation Thomas forwarded the report to Akin Blitz, a third-party law consultant, for review. Blitz concluded that “a City Manager could reasonably conclude that cause exists to terminate the employment of Police Chief Conley because of the disruption and dysfunctionality of the Police Department, and substantial evidence in the record which reflects the Chief’s behavior and lack of interpersonal skills is the root cause of that dysfunction.” Law practice in service to law enforcement and public safety clients, 1982 to present, handling matters illustrated by the following general descriptions:

• Civil litigation defense consultation in selected cases. Illustrative examples: Franklin v. Jackson County (Sheriff testimony re reliance on advice as proper justification for investigation and DPSST report which were actions upon which plaintiff’s claims were based which the jury determined were objectively correct in reliance on Blitz’s reputation as expert in the field of policing)(consultation with Robert Wagner); Weaving v. Hillsboro and other cases (consultation with Hoffman Hart Wagner, and Karen O’Kasey)

• Assist Clackamas County Sheriff-elect and Sheriff with regard to organization and County personnel rules relating to key commanders, jail bed study and relations with and position of the judiciary relative to capacity and matrix releases

• Legal support to the OACP Executive Resources Committee and multiple LEMAP teams in analysis and response to law enforcement executive challenges in departments requesting assistance

• Current service on committees of Oregon Association Chiefs of Police: Labor Issues, Executive Resources and Intergovernmental and Legislative

• Advice to chiefs and sheriffs concerning ethics, lobbying, support of candidates, and support of ballot measures

• Consultation with City Manager and presentation to City Council in order that the Manager’s intention and the imperative that the Council understand the wrongfulness of appointment of an unqualified Police Chief applicant over the


City Manager’s objections; orchestration of officer-applicant’s resignation where issues of moral fitness existed. Undertaken with support and cooperation of OACP ERC.)

• Review of reports, use of force review, risk management review and litigation defense related to officer involved shootings including Gresham, Coos Bay, Keizer, Tualatin, Ontario, Hillsboro, Clackamas County, Sandy and Florence; civil investigation and litigation defense in Stomps v. City of Gresham on behalf of the City and Officers Tom Walker and Rick Rivera including use of force expert witness selection and preparation and plaintiff expert impeachment preparation

• Force, arrest and tactics litigation defense, and post-incident policy revisions and development of operational solutions at Portland Airport (Hass litigation) and Gresham (Stomps litigation)

• Pursuit review; defense of crash litigation; crash risk management; pursuit policy revision; review and draft regional pursuit intergovernmental agreements

• Advise and advocate concerning police untruthfulness issues and Brady issues, and falsity in application process in public safety employment in numerous discipline processes and arbitrations, and in dispute and resulting claims in a Brady dispute between the District Attorney and a City and Chief of Police

• Police, fire, 9-1-1 and general operational, personnel policy and procedure review • Motions to quash improper summons of officers and inappropriate subpoenas for

police personnel, discipline and other confidential records • Advice, advocacy and litigation of issues concerning Oregon and Washington

public records and freedom of information (federal FOIA), open meetings, privacy and other exemptions, confidentiality, and civil discovery under Oregon law as well as under federal FOIA and Privacy Acts

• Drafting and/or review of intergovernmental cooperation agreements – IACP 1988 conference support and security hosted in Portland; West side Tri Met Police agreement; narcotics team agreements in Columbia and Washington counties; and others

• Leadership and advocacy to persuade Mayor Bud Clark not to cancel Portland’s hosting of the 1988 IACP Conference on behalf of metro Chiefs and OACP

• Advice concerning Rams Security DoD and BPA service contracts and operational matters at federal properties

• Litigation of competing claims concerning responsibility for prisoner medical expenses between cities, counties and hospitals; leadership with Legacy Hospitals and the Multnomah County Sheriff in a legislative solution; drafted legislation and lobbied law revisions

• Service to Sheriff Dan Noelle in collaborative effort with police union to rewrite and update Sheriff’s Office policies and procedures concerning internal investigations and discipline

• Assigned lead on behalf of the officers of Oregon Association Chiefs of Police in effectuating the expulsion of chief and deputy chief of “peace” of Rajneeshpuram from membership when the nature of the “city” and the impacts of affiliation became clear


• Advice and drafting of updates/revisions of civil service rules for county and fire service providers; various civil service classification, eligibility, discipline and appeal matters

• Discipline and dismissal for incompetence and non-performance, misconduct and discrimination; administrative separations due to for loss of qualification, unfitness and disability

• Draft and advise concerning executive employment agreements for police, fire and other public executives related matters at hiring and separation; train chiefs and governing bodies regarding benefits of properly drafted agreements

• Successful defense and/or resolution of FLSA and wage and hour litigation concerning jail staffing, on-call and stand-by and canine handlers training time

• Property damage claims and arrest or force related claims in connection with search warrants and arrests (Newberg; Hillsboro)

• Countless cases of employee discipline and discharge, often in connection with ethics issues and/or assertion of ADA disability or other defenses or requests for accommodation

• Police corruption cases (thefts in conjunction with personal property and search warrant service) and embezzlement of fines and court funds (including successful recovery/restitution efforts)

• Disqualification of police officers and firefighters due to drug and alcohol issues, ADA accommodations and last chance agreements

• Obtained successful outcome in OSP/Junction City litigation growing out of joint police operations

• Governmental consolidations and staffing alignments (NORCOM 9-1-1, Salem Transit, Multnomah County Sheriff and Tri-Met & Portland Police)

• Public contract review and acquisition assistance (enhanced 9-1-1 Motorola & vendor software/hardware agreements/disputes for Columbia 9-1-1, NORCOM and Newberg)

• Successful resolution of product liability claims for Tualatin against SigSauer, in favor of all Oregon peace officers

• Provide staff instruction and mentoring of supervisors in labor and personnel matters; mentor human resources staff; negotiation of labor contracts; maintenance of collaborative relationships with police labor leaders; successful and often precedent setting litigation of interest disputes (health care benefits & cost sharing, labor market economics, limited ability to pay and comparability methodologies)

2006-2014 Faculty, Oregon State Sheriffs’ Command College 2005-2007 Attorney General’s Use of Deadly Force Task Force (Senate Bill 111) 1995-1997 Multnomah County Sheriff’s Advisory Committee under Sheriff Bunnell;

committee and consultant assistance to Sheriffs Noelle and Skipper 1992-1993 Citizens Crime Commission, Portland


1996 Legal counsel to Tri-Met General Manager advising concerning police issues and considerations relevant to the decision to abolish the transit police unit, and benefits of contracting with Portland Police Bureau for police and transit security service 1988-1991 Chair, Washington County Enhanced Sheriff’s Patrol District; assistance

to Sheriff Probstfield in ESPD concept development as a county service district; provide related advice to Sunriver and Black Butte Ranch in connection with the Deschutes County county service districts for police services at each resort

1973-1975 Multnomah County District Attorney’s Office

As law student intern deputy prosecutor, advised police regarding on-going investigations, drafted affidavits; warrants and complaints; exercised nolle prosequi authority and issued felony and misdemeanor complaints at the DA’s 2nd and Oak office; and prosecuted traffic and misdemeanor cases at trial under the Oregon student appearance rule

1973-1976 Oregon Board on Police Standards & Training, DPSST # 2697 Author of training materials, contract consultant and instructor; developed statewide instruction program and taught techniques for the investigation of drunk driving and negligent homicide cases. Certified by BPST as instructor of Criminal Law, Oregon Judicial System, and Oregon Motor Vehicle Laws, among other subjects

1974 Member, Legal Advisor Sub-committee, Multnomah County-Portland Police-Sheriff Consolidation Project 1973 Legal and legislative assistance to Oregon Association Chiefs of Police

drafting legislative proposals for submission to Legislative Counsel 1971 Legislative Intern, Asst. to Senator Wallace P. Carson, Oregon Legislative

Assembly, Senate Judiciary Committee. Staff work included SB 40, the comprehensive revision of the Oregon Criminal Code, drafting legislation and constituent correspondence, and meetings with lobbyists


APPENDIX D: INSTRUCTION PRESENTED TO CLIENTS AND ASSOCIATIONS Approved by Oregon DPSST to teach in the areas of DWI enforcement, Labor Law and Labor Relations, Civil Liability, Background Investigations, and Justification for the Use of Force. Panelist and presenter, Internal Affairs Investigation from Intake to Disposition, with Wil Aitchison, Mark Makler and Kathy Peck (2013) (Hosted by Lake Oswego PD at Mayrlhurst University.) Labor and Employment, Oregon State Sheriffs’ Command College Presenter, OSSA Newly Elected Sheriff training and symposium Officer Involved Shootings – The Chief’s Role & What the Chief Needs to Know (OACP, OSSA) Use of Force Justification & Use of Force Continuum Section 1983 Liability in Law Enforcement (Americans for Effective Law Enforcement) Diversity (based in major part on Shipler, A Country of Strangers – Blacks and Whites in America (Knopf 1997) Challenges of the Economy & Emerging Labor Trends – Wisconsin to Oregon (Oregon City Attorneys Assn CLE; Oregon Assn Chiefs of Police) Developing Policy and Procedures – A Risk Management Approach (Presented to Oregon Assn. Chiefs of Police, and to municipal insureds of City County Insurance Services) Issues Raised by Social Media (Oregon Fire Chiefs) Law Enforcement Risk Management In-service Training Police Liabilities and Policies Compelled Testimony and Garrity Confidentiality of Internal Affairs Investigations Ethics and Values in Law Enforcement


Issues of Police Supervision (Josephine Co SO; Jackson Co SO, Washington Co SO, Hillsboro PD, and regional training in Baker City) A Supervisor’s Guide to Discipline and Discharge Due Process and Progressive Discipline Dealing with Difficult Employees on Your Own Terms – Strategies of Selection,

Personnel Management & Discipline Sexual Harassment Liabilities in Law Enforcement Hiring and Retaining Good People Not Prone to Violence How Do I Begin? The Application and Interview Process of Employee Selection Avoiding Negligent Hiring Claims – The Background Investigation, Salem Police and DPSST Disabilities, Fitness for Duty & The ADA Developing Your Sexual Harassment Policy and Investigating Claims Effectively Risk Management for the Police Chief Performance Reviews and Supervision Investigation of Personnel Issues Background Investigations and the Fair Credit Reporting Act


APPENDIX E: PAPERS AND PUBLICATIONS Authored the Introduction and Chapter 9 “The Use of Force” in Louie, Tactical

Communication in Crisis Incidents – Interpersonal Crisis Intervention Skills When Dealing With People in Stressful Situations (Kendall Hunt 2008) (PSU PCC 2011)

“Public Employees and Oregon’s Scope of Bargaining,” University of Oregon LERC Monograph Series, Labor Education and Research Center (2007) (co-author) “Model Policies and Procedures for Law Enforcement Agencies” (1993) (rev’d periodically until 2001 when abandoned in favor of Lexipol). Worked with ten (10) counties and at least twenty one (21) cities which adopted police policies based on the model. “Section 1983 Litigation,” Labor and Employment Law – Public Sector, Oregon State

Bar CLE Publications (1990) (coauthor), and 1994 Supplement (author) “Erosion of Official Immunity of Personnel Supervisors in the Public Sector,” Hastings Constitutional Law Quarterly 671 (1981) “The DUII Arrest – Police Officer’s Handbook” (1974, rev’d 1976 Or BPST) “Special Districts Association of Oregon Management and Policy Resource Guide” (1994, 1996, 2000 and 2002 Editions) Snouffer, Criminal Justice Standards in Oregon, 1975 (Lib Cong Cat No 75-29882)

(research assistant to Prof. Snouffer) “State Concurrent & Federal Exclusive Jurisdiction” (law school research credit 1974) “Provision of Police Service in Marion County -- Cooperation, Coordination &

Consolidation,” (Marion County Council of Governments 1972)


APPENDIX F: POLICE OFFICER/DEPUTY SHERIFF SERVICE 1995- Washington County Sheriff’s Office

Police Legal Advisor and Reserve/Special Deputy, Legal Advisor and Civilian Deputy

1987-1993 Newberg-Dundee Police Department,

Reserve Officer/Special Officer, Police Legal Advisor,

1969-1975 Marion County Sheriff’s Office Dispatcher, Reserve Deputy, part-time deputy (civil service appointee). Graduated reserve police academy, June 1970. Thereafter conducted traffic and criminal investigations of all types, coordinated and instructed in-service and reserve recruit training schools, and discharged supervisory responsibilities as training officer in the Sheriff’s Reserve Program. Performed 2411 hours of direct police service on solo patrol from September 1970 to May, 1972 exclusive of full time employment at the City of Silverton; continued providing volunteer and paid patrol services throughout law school; taught classes concerning criminal and motor vehicle laws, the judicial system, and use of force/justification; coordinated the 1971-72 reserve academy

1970 Silverton Police Department

Full time city police officer appointment concurrent with MCSO affiliation during unanticipated city police staffing crisis

1964-1967 Hillsborough CA Police Canine Unit Cadet

Assisted training police canines


APPENDIX G: U. S. MARINE CORPS SERVICE 1969 Enrolled in the Platoon Leader Class officer selection program by then

Lieutenant USMC (now United States District) Judge Ancer Haggerty, Officer Selection Officer, Portland.

1974 As First Lieutenant/law student, prosecuted courts martial, 29 Palms MCB

during summer active duty assignment to the Staff Judge Advocate 1974-1975 USMCR Mobilization Training Unit (Law), Swan Island, commanded by

George VanHoomissen. USMC Certificate of Commendation 1975-1979 Active Duty, USMC. After basic infantry training at Quantico (1975),

assignment to Security Department (Military Police) at MCB Quantico VA, and completion of Naval Justice School (1976), assigned Headquarters Battalion Headquarters Marine Corps and Office of the Judge Advocate General, Washington D.C. representing the Government as a lawyer. Offered augmentation to the Regular Component of the USMC. Served over 10 years active duty service in dual military occupational specialties of Judge Advocate 4402 and Military Police Officer 5803.

1979-1980 USMCR Mobilization Training Unit (Law), Swan Island 1980-1983 Commanding Officer/Officer in Charge, Engineer Support

Detachment, Eugene, OR. Under leadership shared with the Inspector-Instructor, as a Captain and Major of Marines, led unit following my predecessor’s relief from duty for unacceptable unit performance, with the specific charge of the Commanding General to increase then unsatisfactory drill attendance and combat readiness to avoid unit dissolution then under consideration by the 4th MAR DIV. At the conclusion of my second year in command our unit won (in competition with 175 USMCR units nation-wide) the General Arthur B. Hanson Award based on drill participation and public service projects as the most outstanding unit in the 4th Marine Division, and the General Clifton B. Cates challenge trophy in recognition for being the best unit in the Marine Corps Reserve. Leadership and accomplishments were noted in congratulatory letter form the Major General in command upon conclusion of this command assignment. Command commitments precluded acceptance of offer of Mobilization Billet as Assistant Provost Marshal for Camp Pendleton, CA.

1983-1990 Continued service in the Mobilization Training Unit (Law), Swan Island until resignation from the USMCR due to professional conflicts.

Kenneth C. Bauman Telephone: (503) 223-1468 Cell (971) 409 … · Kenneth C. Bauman . Telephone:...

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