Ethics case against Schwarzler dismissed by commissioners, nixing staff recommendation
Anne Scheck
Trammart News Service, March 14, 2025
Members of the Oregon Government Ethics Commission voted to dismiss the case against Independence Mayor Kate Schwarzler, despite a recommendation by OGEC staff to carry it forward as a conflict-of-interest violation.
The commissioners appeared to agree with Schwarzler’s lawyer, Robert Steringer, who argued that Schwarzler was “simply acting as a businessperson” in her interactions with the city in preparation for a city-hosted conference during a time in which she was a city councilor.
Some products from Schwarzler’s retail tenants at her business, Indy Commons, were chosen and purchased for baskets given to conference attendees. “At no time was Ms. Schwarzler contacted by the city in her official capacity,” Steringer said. “She was contacted as a businessperson, by a staff person at the city, for the purpose of providing comments on a project that the staff person was managing,” he said.
The OGEC staff investigation had concluded with a preliminary finding that Schwarzler violated certain conflict-of-interest provisions of Oregon Government ethics law. Her case was recommended for a “contested case proceeding” or “a negotiated settlement.”
But neither occurred, due to the dismissal, which was approved in a 6-0 vote by the commissioners. Prior to the vote, Commission Chair David Fiskum stated that it didn’t strike him that a “major ethical issue” had happened. Later asked to comment by Trammart News, Schwarzler declined.
Before the decision, Senior Assistant Attorney General Dan Gilbert told commissioners: “The difficulty we had with this one was, you have a city councilor advising a city employee about how to use city money,” he said. “We did not think you could remove your hat and say, ‘I am just acting as a private businessperson’,” said Gilbert, who was there on behalf of the Government Services Section of the Oregon Department of Justice.
Schwarzler received more than $100,000 over several years’ time from the city, including grant money, for services; She has announced that, as a member of the city council, she no longer will engage in city contracts.
The case began publicly last fall, after OGEC considered a citizen complaint about the money provided by the city to Schwarzler and “found cause to open an investigation” on the gift-bag selections. Schwarzler had recommended some of the gift-bag purchases for attendees of the city conference, including products from vendors at her business, Indy Commons.
Steringer, Schwarzler’s attorney, noted that Shawn Irvine, the city’s economic development director, had informed OGEC that he contacted Schwarzler only as a business owner, not as a city councilor. Steringer, most recently known for an Oregon Supreme Court case this past fall related to the Fifth Amendment, was hired and paid by Schwarzler, she confirmed.
Though the direct cash benefit to Schwarzler’s business was only $28 – essentially a processing fee – she never disclosed a possible conflict-of-interest on the issue.
Asked by one of the commissioners how Schwarzler could have done so, OGEC’s executive director, Susan Myers, responded that “she would have needed to do it in public.” Schwarzler could have mentioned it at a city council meeting or posted it on the city’s website, Myers said. In a written statement for the OGEC investigation, Schwarzler explained why she never referenced her business interest before voting on the 2024 budget.
“There is no way of knowing by looking at the line items if the city was going to use any of the budget to purchase items from Indy Commons,” she stated. “In addition, potential grant funds that could be used to benefit downtown businesses were also not identified. As such, there was nothing for me to declare, other than potentially making a general blanket statement.”
Schwarzler went on to say that if she was required to do so, perhaps other councilors should do the same. In that situation, “I would hope that other city councilors that could potentially benefit from any action taken on city council would also make a general blanket statement,” she stated. This would include “a council member whose kids play sports (and who) may benefit from voting in support of a sports park.” ▪
Anne Scheck
Trammart News Service, March 14, 2025
Members of the Oregon Government Ethics Commission voted to dismiss the case against Independence Mayor Kate Schwarzler, despite a recommendation by OGEC staff to carry it forward as a conflict-of-interest violation.
The commissioners appeared to agree with Schwarzler’s lawyer, Robert Steringer, who argued that Schwarzler was “simply acting as a businessperson” in her interactions with the city in preparation for a city-hosted conference during a time in which she was a city councilor.
Some products from Schwarzler’s retail tenants at her business, Indy Commons, were chosen and purchased for baskets given to conference attendees. “At no time was Ms. Schwarzler contacted by the city in her official capacity,” Steringer said. “She was contacted as a businessperson, by a staff person at the city, for the purpose of providing comments on a project that the staff person was managing,” he said.
The OGEC staff investigation had concluded with a preliminary finding that Schwarzler violated certain conflict-of-interest provisions of Oregon Government ethics law. Her case was recommended for a “contested case proceeding” or “a negotiated settlement.”
But neither occurred, due to the dismissal, which was approved in a 6-0 vote by the commissioners. Prior to the vote, Commission Chair David Fiskum stated that it didn’t strike him that a “major ethical issue” had happened. Later asked to comment by Trammart News, Schwarzler declined.
Before the decision, Senior Assistant Attorney General Dan Gilbert told commissioners: “The difficulty we had with this one was, you have a city councilor advising a city employee about how to use city money,” he said. “We did not think you could remove your hat and say, ‘I am just acting as a private businessperson’,” said Gilbert, who was there on behalf of the Government Services Section of the Oregon Department of Justice.
Schwarzler received more than $100,000 over several years’ time from the city, including grant money, for services; She has announced that, as a member of the city council, she no longer will engage in city contracts.
The case began publicly last fall, after OGEC considered a citizen complaint about the money provided by the city to Schwarzler and “found cause to open an investigation” on the gift-bag selections. Schwarzler had recommended some of the gift-bag purchases for attendees of the city conference, including products from vendors at her business, Indy Commons.
Steringer, Schwarzler’s attorney, noted that Shawn Irvine, the city’s economic development director, had informed OGEC that he contacted Schwarzler only as a business owner, not as a city councilor. Steringer, most recently known for an Oregon Supreme Court case this past fall related to the Fifth Amendment, was hired and paid by Schwarzler, she confirmed.
Though the direct cash benefit to Schwarzler’s business was only $28 – essentially a processing fee – she never disclosed a possible conflict-of-interest on the issue.
Asked by one of the commissioners how Schwarzler could have done so, OGEC’s executive director, Susan Myers, responded that “she would have needed to do it in public.” Schwarzler could have mentioned it at a city council meeting or posted it on the city’s website, Myers said. In a written statement for the OGEC investigation, Schwarzler explained why she never referenced her business interest before voting on the 2024 budget.
“There is no way of knowing by looking at the line items if the city was going to use any of the budget to purchase items from Indy Commons,” she stated. “In addition, potential grant funds that could be used to benefit downtown businesses were also not identified. As such, there was nothing for me to declare, other than potentially making a general blanket statement.”
Schwarzler went on to say that if she was required to do so, perhaps other councilors should do the same. In that situation, “I would hope that other city councilors that could potentially benefit from any action taken on city council would also make a general blanket statement,” she stated. This would include “a council member whose kids play sports (and who) may benefit from voting in support of a sports park.” ▪
Central High School student blazing own path in photography
By Lance Masterson
For Trammart News Service, March 14, 2025
Truman Swartzfager has captured hundreds of thousands of images during his three years as a professional photographer.
Though Swartzfager’s preference is to shoot track and field – the Central High senior is a runner – he photographs all Panther sports teams, along with events and portraits, with his Canon R6 Mark II digital camera.
He uses the ‘more the merrier approach’ when it comes to accumulating images.
“I’ll finish a game with 1,200 to 2,500 images,” he said. “People say I overshoot. I would say the younger generation of sports photographers just deals with it.”
Most photographers don’t like to ‘deal’ with the time it takes to cull through thousands of images in search of a few images. Picture a needle in a pixelated haystack. That’s why they prefer to shoot fewer images. But Swartzfager is quicker than most in the culling.
“It helps that I have a good process for going through my images. I do it fairly quickly,” he said. “So if I’m at a basketball game, and let’s say I take 2,000 photos, I can get through them in less than half an hour. Which to me, I don’t see as too bad.”
He added he spends more time editing the photos that make his final cut.
In addition to the work he does for his clients, Swartzfager is media coordinator for the school’s Associated Student Body Executive Council. It’s a position that adds to his busy schedule.
“We do all the content for the school’s social media pages, so that includes the athletic pages,” he said. “Say we got a team … or someone going to state. It’s expected that I’m at the state competition. You know, big meets.”
Swartzfager is also at little meets, i.e., regular season contests, preseason games, as he pursues coverage for all.
“By the end of the season, I will have content of each team that we have posted, and there won’t be a team that was left out,” he said.
Preparation plays its role in his success.
“So I’ve got a list of people who I’m supposed to get photos of, whether they’re paying me, or the school wants me to get photos of them,” Swartzfager said. “So I usually know exactly who I’m shooting, and what to shoot.”
In three years he’s come to know his subjects very well. This knowledge ties in with how he composes his images. Take his knowledge of Jack Holestine’s game, for example.
Holestine is starting guard for the varsity boys basketball team. Swartzfager said he focuses “on Jack making assists, shooting jumpers. Occasionally, I get a good shot at the basket. But mainly I’m looking for, like, big moves outside of the paint, and his big-ticket shots.”
Another favorite is another guard: Bella Names, varsity girls basketball team.
“So I’ve noticed that (Bella) will be up court, and she’ll be talking, she’ll be pointing, using her hands,” he explained. “I like those kinds of dynamic photos where it’s not just, you know, shooting or going to the baskets.”
It’s a different look for Ryan Burgett, perhaps the best jumper on the boys team. Burgett plays above the rim.
“When Ryan’s in the game, I often change to a different lens with a wider angle. I know he will be close to me in the paint, and the shapes that he makes with his body often look good in a photo,” Swartzfager added. “He’s always up high, and he’s always moving around the defender.”
Coaches are fair game, too. Tyler Allen is a favorite. Allen coaches the varsity boys basketball team.
“(Allen) is an amazing subject to photograph. I love getting bench shots, especially in a close game when he’s getting heated,” he explained. “(Allen) doesn’t usually sit down. He just lets it happen. He’s up, and he’s yelling, and getting into it.”
Photographs of these and other subjects make their way to Swartzfager’s Instagram account for his 1,000-plus followers. It’s one reason why his reputation is growing. It's why he is getting assignments from outside the area.
Examples of such assignments include photographing a recent panel discussion and documentary premiere on homelessness in Salem, major sporting events in Portland and track meets at Hayward Field in Eugene.
Swartzfager’s high school days are numbered. He graduates in June, but is already networking his next stop: Central Oregon Community College. He's made contact with ski team's there and has photographed their races. It’s all part of his plan.
“I wanted to make connections up on the mountain, so that when I go to college in Bend, I will be able to continue with them,” he said. “That will be the biggest thing that I will be doing, shooting ski competitions on Mount Bachelor and Mount Hood.”
What Swartzfager won’t be doing is majoring in photography.
“The skills that I have, and the skills that I can get better at, won’t be taught through a class,” he said. “So if I want to really get better at educating myself in photography, I will look for an internship, or shadow someone.”
Not that he won’t be willing if the opportunity presented itself.
“It’s my dream to be a sports photographer. I would absolutely love it. I just know it’s difficult to do, that it’s almost impossible,” he said. “So I’m not putting all my chips in one basket.”
(Writer’s note: Truman Swartzfager is on Instagram at @t_swizzle_photos. You can also find him on Facebook. His email address is [email protected].) ▪
By Lance Masterson
For Trammart News Service, March 14, 2025
Truman Swartzfager has captured hundreds of thousands of images during his three years as a professional photographer.
Though Swartzfager’s preference is to shoot track and field – the Central High senior is a runner – he photographs all Panther sports teams, along with events and portraits, with his Canon R6 Mark II digital camera.
He uses the ‘more the merrier approach’ when it comes to accumulating images.
“I’ll finish a game with 1,200 to 2,500 images,” he said. “People say I overshoot. I would say the younger generation of sports photographers just deals with it.”
Most photographers don’t like to ‘deal’ with the time it takes to cull through thousands of images in search of a few images. Picture a needle in a pixelated haystack. That’s why they prefer to shoot fewer images. But Swartzfager is quicker than most in the culling.
“It helps that I have a good process for going through my images. I do it fairly quickly,” he said. “So if I’m at a basketball game, and let’s say I take 2,000 photos, I can get through them in less than half an hour. Which to me, I don’t see as too bad.”
He added he spends more time editing the photos that make his final cut.
In addition to the work he does for his clients, Swartzfager is media coordinator for the school’s Associated Student Body Executive Council. It’s a position that adds to his busy schedule.
“We do all the content for the school’s social media pages, so that includes the athletic pages,” he said. “Say we got a team … or someone going to state. It’s expected that I’m at the state competition. You know, big meets.”
Swartzfager is also at little meets, i.e., regular season contests, preseason games, as he pursues coverage for all.
“By the end of the season, I will have content of each team that we have posted, and there won’t be a team that was left out,” he said.
Preparation plays its role in his success.
“So I’ve got a list of people who I’m supposed to get photos of, whether they’re paying me, or the school wants me to get photos of them,” Swartzfager said. “So I usually know exactly who I’m shooting, and what to shoot.”
In three years he’s come to know his subjects very well. This knowledge ties in with how he composes his images. Take his knowledge of Jack Holestine’s game, for example.
Holestine is starting guard for the varsity boys basketball team. Swartzfager said he focuses “on Jack making assists, shooting jumpers. Occasionally, I get a good shot at the basket. But mainly I’m looking for, like, big moves outside of the paint, and his big-ticket shots.”
Another favorite is another guard: Bella Names, varsity girls basketball team.
“So I’ve noticed that (Bella) will be up court, and she’ll be talking, she’ll be pointing, using her hands,” he explained. “I like those kinds of dynamic photos where it’s not just, you know, shooting or going to the baskets.”
It’s a different look for Ryan Burgett, perhaps the best jumper on the boys team. Burgett plays above the rim.
“When Ryan’s in the game, I often change to a different lens with a wider angle. I know he will be close to me in the paint, and the shapes that he makes with his body often look good in a photo,” Swartzfager added. “He’s always up high, and he’s always moving around the defender.”
Coaches are fair game, too. Tyler Allen is a favorite. Allen coaches the varsity boys basketball team.
“(Allen) is an amazing subject to photograph. I love getting bench shots, especially in a close game when he’s getting heated,” he explained. “(Allen) doesn’t usually sit down. He just lets it happen. He’s up, and he’s yelling, and getting into it.”
Photographs of these and other subjects make their way to Swartzfager’s Instagram account for his 1,000-plus followers. It’s one reason why his reputation is growing. It's why he is getting assignments from outside the area.
Examples of such assignments include photographing a recent panel discussion and documentary premiere on homelessness in Salem, major sporting events in Portland and track meets at Hayward Field in Eugene.
Swartzfager’s high school days are numbered. He graduates in June, but is already networking his next stop: Central Oregon Community College. He's made contact with ski team's there and has photographed their races. It’s all part of his plan.
“I wanted to make connections up on the mountain, so that when I go to college in Bend, I will be able to continue with them,” he said. “That will be the biggest thing that I will be doing, shooting ski competitions on Mount Bachelor and Mount Hood.”
What Swartzfager won’t be doing is majoring in photography.
“The skills that I have, and the skills that I can get better at, won’t be taught through a class,” he said. “So if I want to really get better at educating myself in photography, I will look for an internship, or shadow someone.”
Not that he won’t be willing if the opportunity presented itself.
“It’s my dream to be a sports photographer. I would absolutely love it. I just know it’s difficult to do, that it’s almost impossible,” he said. “So I’m not putting all my chips in one basket.”
(Writer’s note: Truman Swartzfager is on Instagram at @t_swizzle_photos. You can also find him on Facebook. His email address is [email protected].) ▪
Halt of left-hand turns from Highway 51 onto Highway 22 coming soon
By Anne Scheck
Trammart News Service, March 14, 2025
Sometime this summer, left-hand turns from Highway 51 onto Highway 22 will vanish.
A new transportation project will make those left turns a thing of the past, at least temporarily. It just got the green light – and a new normal for commuters is likely only a few months away, according to Polk County Commissioner Lyle Mordhorst, who credits the plan to several key players from Polk County and the Oregon Department of Transportation. Mordhorst is the county liaison to ODOT.
"Craig Pope actually thought of it," Mordhorst observed, alluding to the current chair of the county commission board.
The new plan will call for northbound Highway 51 drivers to exit onto S. Oak Grove Road and make the desired left turn onto Highway 22 when that road intersects with Highway 22 a little further to the west of the current intersection.
It's a short-term solution to long-term results – a temporary fix to save lives. That interchange has been a grisly scene at times, mostly from motorists trying to make left-hand turns. "It's a good interim safety step," Mordhorst said.
A majority of accidents are caused by human error, and the left turns from Highway 51 onto Highway 22 have been particularly mistake-prone: cars making the left turns have collided with oncoming traffic. How? "They gamble," Mordhorst said, becoming impatient and betting on their ability to forecast how fast they can make the turn against oncoming traffic.
The strategic placement of tube markers – typically bright orange posts with white stripes – will prevent the left-hand turns at the Highway 51 - Highway 22 intersection.
Safety improvements along the corridor of Highway 22 from West Salem to Dallas have been in the planning stages for years, and a bridge at the interchange of Highway 22 and 51 is considered a priority.
But the proposal -- first listed as the lion's share of a $270 million project – has only been whittled down to $240 million. "That's a lot," Mordhorst said – but still not enough to get a solution soon. In the meantime, the temporary plan would cut costs to a few hundred thousand dollars, Mordhorst said.
Mordhorst credited Todd Whitaker, Polk County engineer, and Austin McGuigan, Polk County community development director, with helping formulate the details. ODOT's Anna Henson the Mid-Willamette Valley Area Manager, and her staff were "amazing" to work with, he said.
Of course, such safety enhancements wouldn't be such a pressing need if people would leave work, home or other sites sooner, Mordhorst said. Some are in too much of a hurry, increasing risk. "Give yourself time to get places," he said. ▪
By Anne Scheck
Trammart News Service, March 14, 2025
Sometime this summer, left-hand turns from Highway 51 onto Highway 22 will vanish.
A new transportation project will make those left turns a thing of the past, at least temporarily. It just got the green light – and a new normal for commuters is likely only a few months away, according to Polk County Commissioner Lyle Mordhorst, who credits the plan to several key players from Polk County and the Oregon Department of Transportation. Mordhorst is the county liaison to ODOT.
"Craig Pope actually thought of it," Mordhorst observed, alluding to the current chair of the county commission board.
The new plan will call for northbound Highway 51 drivers to exit onto S. Oak Grove Road and make the desired left turn onto Highway 22 when that road intersects with Highway 22 a little further to the west of the current intersection.
It's a short-term solution to long-term results – a temporary fix to save lives. That interchange has been a grisly scene at times, mostly from motorists trying to make left-hand turns. "It's a good interim safety step," Mordhorst said.
A majority of accidents are caused by human error, and the left turns from Highway 51 onto Highway 22 have been particularly mistake-prone: cars making the left turns have collided with oncoming traffic. How? "They gamble," Mordhorst said, becoming impatient and betting on their ability to forecast how fast they can make the turn against oncoming traffic.
The strategic placement of tube markers – typically bright orange posts with white stripes – will prevent the left-hand turns at the Highway 51 - Highway 22 intersection.
Safety improvements along the corridor of Highway 22 from West Salem to Dallas have been in the planning stages for years, and a bridge at the interchange of Highway 22 and 51 is considered a priority.
But the proposal -- first listed as the lion's share of a $270 million project – has only been whittled down to $240 million. "That's a lot," Mordhorst said – but still not enough to get a solution soon. In the meantime, the temporary plan would cut costs to a few hundred thousand dollars, Mordhorst said.
Mordhorst credited Todd Whitaker, Polk County engineer, and Austin McGuigan, Polk County community development director, with helping formulate the details. ODOT's Anna Henson the Mid-Willamette Valley Area Manager, and her staff were "amazing" to work with, he said.
Of course, such safety enhancements wouldn't be such a pressing need if people would leave work, home or other sites sooner, Mordhorst said. Some are in too much of a hurry, increasing risk. "Give yourself time to get places," he said. ▪
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