Editorial analysis by Anne Scheck
Trammart News Service, January 31, 2025
New city council rules that ban “grandstanding” in council meetings and limit expressions of opinion in certain circumstances were presented to the city council by City Manager Kenna West Tuesday night. However, several legal authorities said portions of these rules, if acted on, violate free speech – potentially creating liability for the city.
The city council – with the exception of City Councilor Dawn Roden – voted to adopt the new rules. In voting no, Roden said she believes such restrictions on council member communications are aimed at silencing a minority view – she often takes a more fiscally conservative stance on the council.
Attorneys contacted by Trammart News, as well as findings from a legal opinion by Oregon Legislative Counsel Dexter A. Johnson and an Oregon staff attorney, Geoff Briggs, say some of the new rules appear to be unconstitutional.
Roden apparently sent an inquiry about the proposed rules to State Rep. Shelly Boshart Davis, who represents District 15; Legislative Counsel Johnson responded to Boshart Davis, singling out sections 11.3 and 11.4 of the proposed rules, which cover speech and opinion by council members.
West said the new rules had been carefully reviewed by the city’s contracted attorney. However, she suggested to the city councilors that they could put those sections aside, for future discussion, when passing the new council rules.
Councilor Shannon Corr declined to withdraw her motion for adopting the rules so that these two sections could be excluded. Along with Corr, councilors Marilyn Morton, Kathy Martin-Willis and Bill Boisvert voted for the new rules.
When Roden asked West what the term “grandstanding” meant, conduct that is now prohibited, West consulted her phone to locate a definition – a description was missing from the text that she presented to the council.
Trammart News had asked several attorneys – including the California-based First Amendment Coalition – about the feasibility of using the term "grandstand" to characterize behavior or speech, following a work session on the new council-conduct rules last summer.
It’s vague and ambiguous and "an invitation to potential abuse," according to David Loy, legal director of the First Amendment Coalition. The terminology is open to personal interpretation, Loy explained.
Elected officials, including city council members, retain certain rights to freedom of speech even when there is heavy reliance on Robert's Rules of Order. "They cannot be silenced or censored because of their opinions or viewpoints," Loy said.
This view was affirmed by another state attorney who practices in Oregon, outside of Polk County, who didn’t wish to be identified by name. The move by Independence could leave the city vulnerable to a lawsuit, if challenged, he said.
Several of the attorneys referred to “Article I, section 8,” of the Oregon Constitution, which states: “No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right.”
The move by West to change the rules of conduct arrived only days after the city of Corvallis was found by a federal judge to have violated a city councilor’s free speech by moving to expel her from the council because she pressured the city manager to fill a city job.
Though the Corvallis city councilor apparently acted outside her authority in making the request, the action taken toward her was ruled as retaliatory – and a clear violation of the First Amendment.
Residents of Corvallis have posted comments on social media criticizing city officials for the time and cost of the case, Ellis v. City of Corvallis.
Independence communications director, Emmanuel Goicochea, did not respond to numerous requests from Trammart News about either the allegedly problematic use of the term grandstanding or the outcome of the recent lawsuit in Corvallis.
City Manager Kenna West had referred to the rules – including the ban on “grandstanding” – as representative of those of other cities. Trammart News notified West at the close of the council meeting that no other city could be found that used the term “grandstand.”
West explained that the term was used to reflect “intent.”
The city council meeting also seemed to depart from tradition in protocol: Mayor Kate Schwarzler – at her first full meeting as mayor – injected questions and observations in a way not included among the recommendations for carrying out mayoral duties in either the Oregon Revised Statutes or the Oregon Mayors Association handbook, among other references.
The Independence City Charter spells out duties of the mayor in this way: As the presiding officer of the council and as the authority for preserving order, enforcing the rules of the council, and determining the order of business under the rules of the council.
Those who viewed the meeting seemed affected, as well. One referred to Schwarzler’s inquiry of Roden about why she hadn’t contacted State Rep. Paul Evans, rather than State Rep. Boshart Davis, as out of line. “This was just very disappointing,” said one community member, who didn’t wish to be named. “It was unnecessary – she (the mayor) was more interested in challenging her (Roden) than in the information provided,” he added.
At one point, Schwarzler also suggested that Roden’s questions might have resulted from the fact that she was the only councilor to miss a training session about laws on ethics and public meetings, which was held the previous weekend at the Independence Civic Center. However, Trammart News has attended OGEC training sessions on the same topics in past months – they seemed to have little to do with the constitutional questions raised at the recent city council meeting. Rather, Schwarzler’s statement appeared to imply a reprimand for Roden’s absence.
As a result, Trammart News approached Schwarzler to ask about her commentary, noting that it could be seen as inappropriate, given her position as official meeting presider. Schwarzler declined to comment and referred all questions to City Manager West.
Also included in the newly-adopted council rules is a reduction in time allotted for individual public comments at council meetings from 5 min to 3 min, which is a more common allotment time found among Willamette Valley cities.
The last time the city council rules were revised was in 2017. ▪
(Trammart News has contacted a legal scholar to fully research free-speech implications of the new council rules. TN editorials on this issue or others are encouraged and accepted by this news outlet.)
By Anne Scheck
Trammart News Service, January 31, 2025
A familiar expression says if you want something done, ask a busy person. From the content of his resume to a visit to his thriving business, Marc Miller looks like someone who perfectly fits that time-honored quote.
Miller has applied to fill the vacant Independence City Council seat, with a resume of political experience and community volunteerism over the past two decades that ranges from special assistant to the Oregon Secretary of State Executive Office to a member of the Monmouth City Council. Currently, he is a member of the Independence MINET budget committee and has served on several boards, including formally on the Monmouth-Independence YMCA board.
He and his wife, Jessica, own Financial Peace Bookkeeping in the Little Mall on Main and they live near John Pfaff Park. Park access and availability is important to Miller. He is anxious to find a way to fund the parks and library, which currently seem imperiled by an anticipated budget shortfall.
He is a graduate of Western Oregon University and, despite a career that included years of serving as a legislative staffer in the statehouse, never left the area to reside closer to the state capital. In fact, the only time he lived elsewhere was in Bend, from 2009 to 2016.
Miller shared his love of public service – calling his time on the Monmouth City Council “the best job I ever had” – and his vision for the future with Trammart News. The questions below indicate his priorities, his commitment and the reasons he very much wants to become an Independence city councilor.
TN. From your time on the Monmouth City Council, you know how much time it takes to be a member of a city council, which I would estimate is about 30 hours a week during some of the time for dedicated councilors. Would you agree?
Miller. Yes. When I served as a City Councilor in Monmouth the time commitment was nearly equivalent to a full-time job.
TN. What would your priorities be for Independence?
Miller. I believe my vision is the same as any other citizen: a small, safe community where there is ample affordable housing, low office space rent to help attract and retain business and where essential services such as a library and parks are provided.
TN. For someone with such a calm demeanor – the term “laid-back” springs to mind, you seem like a person in a hurry, at least when it comes to city government. Have I got that right?
Miller. Yes. The City cannot adequately fund essential services such as public safety, library and parks and recreation. The time to implement decisions that will alter this course is short. Difficult decisions will need to be made between now and June to either fund these essential services or create a plan to limit or discontinue them.
TN. Are there ways to address that? We are now in the second month of 2025 and I haven’t heard it mentioned at length in any of the city council meetings so far this year. What are your thoughts?
Miller. I think that rather than waiting for the city staff to provide options I think the city council should prioritize which services they believe are essential to the viability of the community. I would argue that the museum is not essential.
TN. Is there anything else you consider to be of pressing importance?
Miller. The City of Independence is in critical condition. Residential development has all but stopped because of exceedingly high system development charges.
TN. That’s true. This week the Independence Planning Commission is expected to approve a year-long extension for Dalke Construction on Brandy Meadows, a subdivision in Southwest Independence that stopped after system development charges of more than $50,000 per housing unit were approved. So, you want to tackle problems like that right away?
Miller. Absolutely. This should be the second priority for the city behind the water treatment plant.
The city council needs its next councilor to be someone who has prior local government experience so that they can hit the ground running with out-of-the-box ideas to create solutions for these issues.
TN. Trammart News has been covering the city since 2016 and out-of-the-box ideas seem to have contributed to the development of some of the city’s prized assets – like the riverfront development – but also may be part of the reason there are budget shortfalls ….
Miller. The key (issue) is can the city afford the out-of-the-box ideas? The city is over $1.5 million of its debt limit. The councilors have a hard time saying no. My motto always is, “yes, if, you increase income or decrease expenses.”
I have both the experience and the track record of providing out-of-the-box ideas to create solutions. For example, I served as an intern for City Manager Greg Ellis to create an Urban Renewal District for the City of Independence. I then took that idea and, as a city councilor, championed the effort to create an Urban Renewal District in Monmouth.
TN. That sounds impressive. Independence has a presentation on Urban Renewal Districts coming up, and my understanding is that it will be given by County Assessor Valerie Patoine, who is going to try to boil down the complexity into a simple PowerPoint – a good way to take such concepts to the public. Do you have any similar ideas for helping residents understand issues?
Miller. As I stated in my application, I continued the “Coffee and Community” idea that former Monmouth Mayor Paul Evans had. I plan to implement that avenue of communication again, if accepted on the council.
TN. Anything else?
Miller. Another thing I plan to do is be very present on social media (Facebook). There will be videos where I try to summarize a complex issue or a controversial one. Most importantly, I will ask for citizens’ feedback. I will then present that feedback to the council.
When I was a city councilor in Monmouth, I hustled. I will be present at as many community gatherings as possible. I already participate in the Chamber’s Greeters Program. Financial Peace Bookkeeping is a member.
Average folks don’t often have time to attend council meetings or office hours. That’s why I will be where the people are so as to offer as much interaction as possible. ▪
By Anne Scheck
Trammart News Service, January 31, 2025
At the Independence City Council meeting Tuesday night, Councilor Dawn Roden issued a public apology for filing a financial statement – required by Oregon of all elected officials – that didn’t include her veteran disability benefits or child support payments as earned income.
She explained that a complaint – filed by Shannon Corr, a fellow city council member – alleged she hadn’t included them on her annual “Statement of Economic Interest.” Roden misunderstood that they should have been listed; Since she didn’t need to include either form of compensation on her personal taxes, she hadn’t done so on the state document, she acknowledged.
“I made an error and I have since rectified it,” Roden confirmed, asking to be forgiven for the mistake. “I felt terrible and promptly amended my filing.”
And she added that, throughout the process, “I learned a great deal.” Those who were involved in handling the complaint against her at the state level “were kind, patient, and effective,” Roden said.
Councilor Corr made no comment on the matter at the meeting following Roden’s apology, nor in a follow-up inquiry from Trammart News seeking a response.
Earlier in the week, at a hearing by the Oregon Government Ethics Commission, commissioners had voted 6-0 to pursue resolving Roden’s case. The commission chair, David Fiskum, said the likely result would be “a letter of education.”
Prior to the vote, OGEC Director Susan Myers observed that Roden was “perfectly willing to correct it and get educated on it.”
The statement-of-economic-interest filings are a monetary declaration, a public listing that can be used to assess sources of potential conflicts of interest in voting on government actions.
The complaint regarding Roden isn’t the only one against a member of the Independence City Council that’s moving toward resolution by OGEC. The investigation of Mayor Kate Schwarzler is pending, with a decision expected in March.
The complaint against Schwarzler was filed by a resident who alleged money her business received from the city for goods or services she provided to it over the years was a violation of her elected office. OGEC is specifically examining whether the city’s purchase of gift baskets constitutes such an infraction.
Trammart News first reported on the contractual arrangements between the city and Schwarzler’s company a few years ago. In 2019, Schwarzler agreed to provide “entrepreneurship development services” for the city through her firm, Creo Solutions, with payment not to exceed $37,200. Later, on behalf of her non-profit, Indy Idea Hub, she signed an agreement with the city titled “transit planning services” for fees not to exceed $45,000.
Schwarzler has declined to comment on the OGEC complaint to Trammart News. ▪