Rick Alexander, Lebanon School Board vice chairperson, has filed an ethics complaint with the Oregon State Bar (OSB) against the president of a local political organization attempting to recall him and board chairperson Josh Wineteer.
Alexander filed the complaint against John "Tre" Kennedy, president of the Lebanon Citizens Alliance for a Responsible Education System (CARES), on Sept. 19. Kennedy is an attorney with the Lebanon law firm of Morley, Thomas & McHill, LLC.
In his complaint, Alexander alleges Kennedy has defamed himself and Wineteer by knowingly making false statements accusing both board members of violating Oregon's public meeting law.
Alexander maintains that even if Kennedy was not acting as a lawyer in his capacity as CARES president, his profession obligates him to a higher standard of public conduct.
"Lawyers have a higher ethical responsibility because they carry more influence because of their position in society," Alexander said.
Kennedy is out of town on a bow-hunting trip and was unaware of the complaint before being contacted by the Lebanon Express.
"It's patently frivolous," Kennedy said. "It's really just a smear campaign for political reasons. Alexander filing a bar complaint over my political activities is like me filing a claim with the construction contractor's board over him being a poor board member, it just doesn't make sense other than getting some free press."
He does not function as an attorney for CARES and his work with the organization is that of community activist, Kennedy said.
Alexander alleges Kennedy is conducting CARES business from the law firm where he works "solely for political advantage."
Whether or not he conducts CARES-related business from his office is irrelevant, Kennedy said.
Morley, Thomas & McHill, LLC managing member Tom McHill is a former school board member. Alexander's wife, Harriet Alexander, is McHill's longtime bookkeeper and receptionist.
McHill said he was unaware of the ethics complaint filed by Rick Alexander. Kennedy has an "of counsel" relationship with the firm and is not considered an employee, McHill said.
All ethics complaints are forwarded to the Bar's Client Assistance Office for initial review, said Kateri Walsh, OSB community relations administrator.
If the assistance office determines there is enough evidence to warrant further investigation, the complaint is forwarded to a disciplinary counsel. The disciplinary counsel can dismiss the complaint or take it to the State Professional Responsibility Board, which functions as a grand jury to decide whether the case should be dismissed or referred to hearing before a trial panel.
If a complaint goes to a hearing, the trial panel renders a written opinion and determines sanctions if wrong-doing is found. Sanctions can range from a public reprimand, suspension of an attorney's law license for between 30 days and 5 years or disbarment.
Walsh said depending upon the circumstances, the initial review by the assistance office can take anywhere between one week and a year.
An attorney is not prohibited from practicing law while an ethics complaint is being investigated, Walsh said.
According to OBA records, Kennedy has been licensed to practice law in Oregon since 1998 and has never been sanctioned by the Bar.
Lebanon CARES was founded in May to monitor education issues. In June, CARES launched a recall effort against school member Debi Shimmin. After a private meeting with Shimmin and the resignation of then board chair Sherrie Sprenger, the group dropped the recall effort against Shimmin and targeted Alexander and Wineteer.
On Sept. 3, CARES submitted enough valid signatures to put the recall on an Oct. 7 special election ballot. Voters are scheduled to receive ballots in the mail this week.
Posted in Local on Tuesday, September 23, 2008 12:00 am Updated: 3:22 pm.
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