The Oregon State Bar (OSB) rejected an ethics complaint lodged by Lebanon School Board member Rick Alexander against the president of a local political action committee that sponsored an unsuccessful recall of Alexander and school board chair Josh Wineteer.

Alexander filed the complaint against local attorney John "Tre" Kennedy on Sept. 19. Kennedy is the president of the Lebanon Citizens Alliance for a Responsible Education System (CARES), which initiated a recall against Alexander and Wineteer in June. Voters rejected the recall measure by a 2 to 1 margin on Oct. 7.

In his complaint, Alexander alleged Kennedy had defamed him and Wineteer by falsely accusing them of violating Oregon's public meeting laws. Alexander also accused Kennedy of conducting CARES business from his law office.

Even if Kennedy were not acting as an attorney on CARES related business, "Lawyers have a higher ethical responsibility because they carry more influence in our society," Alexander said.

Scott Morrill, assistant general counsel for the Oregon Bar Association, informed Alexander in a Dec. 5 letter that the Oregon Professional Rules of Conduct prohibit an attorney from engaging in dishonest conduct, even if it is not connected to a legal matter.

"However, we also note that this appears to be a political matter in which you and Mr. Kennedy have differing opinions…. Because we found no professional misconduct, we will take no further action on this matter," Morrill wrote.

Bar rules, Morrill said, do not prohibit an attorney from running a political action committee from their private law office.

"Although I knew the bar complaint was frivolous from the start, it is truly sad that Mr. Alexander would attack me in my profession for political reasons," Kennedy said after learning the OSB would not pursue the complaint further. "I think it says a lot about his character and people should remember this at the ballot box if he chooses to run for another term."

In September, Kennedy dismissed the complaint as a retaliation for his part in the recall effort and said Alexander timed the complaint to coincide with the mailing of the recall ballots.

In a written response to the OSB, Kennedy said statements on CARES website about violations of public meeting laws were taken from local newspaper accounts, accounts from other citizens and his own observation of instances at school board meeting where it appeared decisions on issues had already been reached before meetings.

"Not only do I believe that Mr. Alexander violated and skirted public meeting laws, I believe it could be proven should that issue ever be placed in front of a tribunal," Kennedy said in his statement.

"I never violated the public meeting laws," Alexander said on Monday. "He (Kennedy) said he believes I did. That's the escape word he used."

Alexander filed an additional complaint on Oct. 24, calling Kennedy dishonest and accusing him of disclosing privileged attorney client communications between the school board and its legal counsel. That other citizens shared Kennedy's belief that Alexander and Wineteer violated public meeting laws "only shows that Mr. Kennedy's false accusations had desired effect with some listeners who did not know better," Alexander wrote.

The attorney client communication referenced in Alexander's complaint appeared in an Oct. 5, 2007, story in the Lebanon Express about the board's Aug. 1, 2007, decision to put then- superintendent Jim Robinson on paid administrative leave pending a performance review.

Paul Dakopolos, the district's legal counsel, warned board members in an Aug. 16, 2007 letter about conducting business outside the boardroom.

"Obviously some board members consulted with one another about a strategy for removing Superintendent Robinson from his position," Dakopolos wrote of the Aug. 1 decision.

The Lebanon Express obtained a copy Dakopolos' communication from the city of Lebanon through a public records request for the e-mails of board member Debi Shimmin who is a city employee. Shimmin had been using her city e-mail for board-related business.

Alexander said he is unsure whether he'll pursue his complaint further.

"It's a system for attorneys run by attorneys," he said. "Attorney's protecting attorneys in the system, that's how it works."

He has until Dec. 19 to appeal the Bar's decision.