23-584-Order Recorded 12/1/1976wog. 43 IAJ.
1 IN THE BOARD OF COUNTY COMMISSIONERS
2 OF THE STATE OF OREGON
3 FOR THE COUNTY OF DESCHUTES
4 In the Matter of
and Hearing Date
5 Allegations that
be removed as Ro
6 Commissioner for
District No. 1.
7
Setting a Hearing )
to Adjudicate )
Frank J. Milby, Jr.) ORDER
ad District )
Special Road )
8
This
matter having come before the Board by petition of
9
Deschutes
County citizens within Deschutes County Special Road
10
District
No. 1, which petition was received by the Board
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September
22, 1976;
12
And
it appearing to the Board that said petition requests the
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Board of
Commissioners to remove Frank J. Milby, Jr. from his
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appointed
post of Commissioner for Special Road District No. 1 for
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the follo
wing reasons:
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"1.
Frank J. Milby, Jr. has, by his arrogance, impudence, and
insolence, alienated the good-will of the residents of the
17
area.
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2.
Frank J. Milby, Jr. is lacking in leadership ability and,
by continued harassment, has caused one employee to
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voluntarily terminate and two other employees to
entertain serious thoughts of quitting. One of these two
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has since left the employment of the Road District due
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to the termination of the contract with the CETA IV
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program, which was providing the funds to maintain his
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Frank J. Milby, Jr. has professed a knowledge of mechanics
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and has attempted to repair various parts of the equipment,
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but in an incompetent and improper manner, which has
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caused additional expense to the Road District due to
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the necessity of re-repairing, and his carelessness has
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caused damage to the equipment, specifically, changing
gaskets on the hydraulic lift mechanism for the dump truck
26
without cleaning thedirt adhering to the parts before
Page 1 - ORDER
23 ~,vwr, .585
1 reassembling; when replacing a bearing on the grader,
leaving a wrench where it could, and did, fall into the
2 control shaft, binding and bending same; and incompetent
repair of said shaft, causing subsequent failure of the
3 U-joints.
4 4. As a Special Road District Commissioner, and as Secretary
of the Board, it is Mr. Milby's duty to record the
5 minutes of the meetings. It is the practice of the Board
of Commissioners to note the various points brought up in
6 discussion for the illumination of residents attending the
subsequent meeting. Frank J. Milby, Jr. has consistently
7 failed to report any comments detrimental to himself,
despite the fact there have been requests made at the
8 meetings, during said discussions, for his resignation, and
charges of his incompetence have been raised during such
9 discussions.
10 5. Frank J. Milby, Jr. has caused great consternation among
the residents of the area by his incompetent use of the
11 Road District equipment, despite requests by the other
commissioners to desist, resulting in frequent breakdown
12 of the equipment and cost to repair same, and being
detrimental to the roads by grading dirt onto the cinder
13 surface which created areas subject to becoming soft and
14 muddy";
15 And it appearing to the Board that there is no statutory or
16 constitutional provision for removal of a Special Road District
17 Commissioner appointed by the Board of County Commissioners;
18 And it further appearing to the Board that since it does have
19 the power of appointment, it must necessarily have the power of
20 removal; and that prior to removal it should hold a hearing to
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311Wz_J 23 And it further appearing to the Board that those persons seeking
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25 Commissioner are required to prove their allegations by a pre-
26 ponderance of the evidence at a quasi-judicial hearing before the
Page 2 - ORDER
Vul. ?03 txtr1 Board of Commissioners; now therefore,
2 IT IS HEREBY ORDERED that a hearing be held December 7, 1976
3 at 7:30 p.m. in the Great Hall at Sunriver, Deschutes County,
4 Oregon, for the purpose of hearing evidence relating to the allegations
5 herein set forth; and
6 IT IS FURTHER ORDERED that those persons submitting the petition
7 shall have the burden of proving that Frank J. Milby, Jr. is
8 incapable of serving effectively as a Special Road District
9 Commissioner due to misfeasance or malfeasance in his official
10 position; that the scope of the hearing shall be limited to the
11 allegations contained in the petition as set forth in this order; and
12 IT IS FURTHER ORDERED that Frank J. Milby, Jr. shall have the
13 opportunity to present witnesses on his own behalf and to cross-
14 examine those witnesses presented by the petitioner; and
15 IT IS FURTHER ORDERED that the Board of County Commissioners
16 shall decide the issue of removal based solely upon the evidence
17 submitted at said hearing; and
18 IT IS FURTHER ORDERED that notice of said hearing shall be given
19 to the petitioners, who shall be responsible for organizing and
0 20 presenting their case and, further, that notice shall also be given
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JoU~N to Frank J. Milby, Jr. of the allegations contained in the petition; and
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25 Contested Case Hearings.
26 DATED at Bend, Oregon, this f day of 1976.
Page 3 - ORDER
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BOARD COMMISS ONERS:
2
Chair
3
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Com issioner
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ommisslone
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Page 4 - ORDER