#16 -Board Play: Everything changes, Nothing changes!


Farce – /färs/  A theatrical piece in which the plot depends upon a skillfully exploited situation rather than upon the development of character [or process].

I leave it to you to determine if “farce” is a fair characterization of what happened at Thursday night’s Water District Board meeting.

NOTE:   These posts have been criticized as being misrepresentative and divisive – even though all facts are sourced and all biases have been declared upfront.  Yes, I feel strongly about the Board’s continued lack of full transparency and their vilification and dismissal of the perspectives within this community that are different than theirs.  Some of that emotion does come through even though I try to be measured.

I believe that it is critically important to let the community know that as of last night even more doors are closed to their input about the Watershed. And I don’t want that message to be overshadowed by the strong emotions that I feel about what transpired at last night’s Board meeting and the obvious preparation leading up to it.  So, my intent here is to report the facts as dispassionately as possible so that they are clear and cannot be easily dismissed.

The below is not made up or fictionalized.  You can watch it unfold by sending an email to  philchickacutil@gmail.com and asking for the Zoom recording of the Oct 20 Board meeting.

Selection of the Forest Management Committee

Per the Board approved Management Plan, “a 3 person Forest Management Committee will have responsibility for working within an Operating Budget to determine an optimum approach for executing the budget (e.g., staff, consultant, vendors, partnerships) and working with staff / consultants / vendors / partners to execute the operating plan”.

1.   Nine people submitted applications for the Forest Management Committee

 a. 1 person who is relatively unfamiliar to the Board Members and who has not actively participated in discussions about the Watershed, i.e., their perspectives are unknown

 b.  5 people, representing a 100+ person petition group, who are fairly-to-well known to the Board members and have voiced the need for inclusion of alternative community perspectives/interests in the decision-making process about the Watershed

c.   3 people that are fairly-to-well known to the Board members that have been actively engaged/involved in the Board’s process to acquire and set policies for the Watershed

  • One is a renowned advisor in forest investments that has participated in the Arch Cape Forest Finance Committee since the beginning
  • One was appointed by the Board to the Forest Advisory Committee several years ago and has been the Chair of that Committee
  • One is the domestic partner of a Board Member and was acknowledged by the Board Chair to be one of the first to support the Watershed project 10 years ago.  Both partners have been long term advocates of NCLC’s involvement in the Watershed

2.   At the Board meeting, there was no discussion about the extent to which each candidate did or did not meet the criteria for the Management Committee and there was virtually no debate about the “fit’ of any of the candidate, with the exception of:

  • Concern was raised about a possible “perception of impropriety” by having the domestic partner of a current Board member selected by Board for the Management Committee.  The relevant Board member defended the selection as not being improper as they are not actually married and that “everyone that knows them knows that they are two separate people.”  That Board member did not recuse themself from the voting.

Per a very relevant reply to this post:

Oregon State Stature 244.177 1.b states “A public official may not participate as a public official in any interview, discussion or debate regarding the appointment, employment or promotion of a relative or member of the household to, or the discharge, firing or demotion of a relative or member of the household from, a position with the public body that the public official serves or over which the public official exercises jurisdiction or control. As used in this paragraph, “participate” does not include serving as a reference, providing a recommendation or performing other ministerial acts that are part of the normal job functions of the public official.”

A domestic partner qualifies as a member of the household regardless of marriage. The Forest Management Committee is a public body over which the Water District Board and its Board Members as public officials will exercise jurisdiction and control.

The Board member as a public official participated in the discussion about the appointment of their domestic partner and voted for the appointment.

I have spoken with the Oregon Ethics Commission. Since the Forest Management Committee appointment is not a paid position, this action is not illegal. It is improper (as Dan Seifer suggested) and unethical, but it is not illegal.

  • A suggestion was made to expand the Management Committee to more than 3 people so that additional candidates who reflect alternative community perspectives can be included.  That suggestion was summarily dismissed with the rationale that the Board would have to change the size of the Committee since it was initially set to 3 people in the Board approved Management Plan.  No motion to change the size of the Management Committee was put forth by any Board member.

3.     Via a secret ballot process, the 3 people (1.c. above – Clark Binkley, Patricia Noonan, Michael Manzulli) who have been engaged with the Board throughout this Watershed project were selected to comprise the Management Committee.  None of the 6 people whose perspective were unknown or known to be different than the Board’s were selected.

Board Decisions re “Community Conversation” Requests

On September 10, the Board scheduled a Public Meeting – Community Conversation to better understand the alternative perspectives across the community.  Only 2 Board members participated.  The discussion focused around 4 topics/request.  At Thursday night’s Board meeting, the below decisions were made by the Board about those requests.

1.  Request:  Expand the Forest Advisory Committee to include at least one person representing the 100+ member Petition Group so that their alternative perspectives can be voiced and included.

Decision:  The Forest Advisory Committee will be disbanded in the Spring and as such there is no need to expand it now – even though it is the current work on public access that is of specific interest/concern to this segment of the community.   (Note the Chair of the Forest Advisory Committee was selected to be on the Forest Management Committee)

2.  Request:  Reactivate the disbanded Finance Committee and include 2 people representing the 100+ member Petition Group so that alternative perspectives can be voiced and included.

Decision:  The Finance Committee is not necessary since there will be a Forest Management Committee.  No one representing the Petition Group was selected for that Management Committee.

3.  Request:  Allow 2 persons representing the 100+ member Petition Group, with expertise relevant to the Board’s Agenda topic(s), to participate as non-voting members in interactive Board Discussion so that alternative perspectives can be voiced and included.

Decision:  Anyone can make comments during Board discussion

4.  Request:  Do not promote nor publicize public access or recreation in the Watershed until a final decision is made next Spring about relevant policies.

Decision:  Board will make “best effort” not to promote or publicize the Watershed.  With that said, the same Board member who claimed that “best effort” would be made not to promote the Watershed announced that the hired consultant from Sustainable Northwest is “very excited” about doing more tours.  Furthermore, the Board-approved public access/recreation process being led by the National Park Service is calling for outreach to interested stakeholder from Gearhart to Wheeler and other recreationalists.

Biased Commentary

1.     Our country’s democracy is founded on a multi-party system so that alternative perspectives are openly discussed and considered in decisions that impact the affected population.  The decisions made by the Board on Thursday night cement the framework for ignoring and dismissing alternative community perspectives regarding the Watershed.

2.     Even in Congress where polarizing decisions about abortion, guns, taxation, war and peace, ethics, etc., our elected representatives have the courage to stand up and take personal responsibility for the votes that they cast.  And even when they select a member of the Cabinet or a Supreme Court Justice, the whole world knows how they vote. In our little municipality of Arch Cape, the voting decisions about the selection of a Forest Management Committee were veiled in secrecy.

3. This appointment process continues to exemplify that the Water District Board is fine with taking actions that do not consider community perspectives other than their own and that are improper and unethical.

Very Biased Commentary

The level of NCLC’s control over the Water District Board and our Watershed continues to grow.  NCLC got the Water District to buy the property so that they didn’t have to come up with the money to do so.  NCLC got the Water District Board to gift them an unlimited easement to drive across and park on our Watershed. NCLC got the Board to commit to a National Parks Service led process with the apparent intent of increasing public access to the Watershed. And now, with the membership of the Forest Management Committee,  NCLC has more influence over how the Watershed will be operated and managed than do the myriad ratepayers and taxpayers of the Arch Cape community who will be footing the bill.

As one person (other than me) said with who listened into the meeting – “They’ve taken the community out of community”. 

With all these doors closed, how does the community engage in any meaningful way?


9 responses to “#16 -Board Play: Everything changes, Nothing changes!”

  1. Thanks for your observations. I was impressed by the serious credentials of candidates for the Committee and (wrongly, I guess) assumed that some of these very qualified community members would actually become involved in the management process. It is a disappoint that small community insiders continue to overly influence what will happen with the Arch Cape forest. I suspect we will regret this closed decision making process in the years to come.

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  2. I appreciate your thorough “investigation”, and relaying the information in such a clear way.
    This water district board continues to prove their fear of alternative ideas, conversations, or change. It is a farce. I’m angry and hugely disappointed with how the board members mis-lead the community into thinking we have a voice.

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  3. In any community be it grand or local, when there are many important decisions to be made, my experience is that a fresh discussion of options, alternatives, and even unpopular ideas, is a healthy way to proceed in that process.
    The world both globally and locally demands flexibility and openness in navigating a course that is ever changing.
    What a process looked like years ago might very well need some fresh perspectives to update a successful road to a positive conclusion.
    I felt like the extended community was working very hard to have a voice in this process with some extremely knowledgeable candidates in the various areas of forestry, finances and overall perspectives as community members very concerned with the recreational privileges inside a WATERSHED.
    To not include even one out of 5 candidates outside whatever box this is felt defeating in this cause.
    I don’t expect all alternative ideas to manifest in our forest plan but certainly to be considered in the big picture.

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  4. i really appreciate the inclusion & updates tho Sue and I remain in Olympia.

    This type of thing takes time, energy & persistence. I appreciate the sacrifices made.

    Looking forward to perhaps more direct participation down the road. Thanks!

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  5. The sole purpose of the Water Board is to ensure that we have clean, safe, abundant drinking water at an affordable price.
    So, they go off & buy a forest which is only within their duty if purchased in order to provide our clean, safe drinking water.
    But, instead, they give open access to NCLC for parking and hiking and are planning on more logging, recreation & hunting!!!
    This is OUR WATERSHED! None of these things should be allowed!!
    The only way to stop what is being done is to recall them (&, yes, I was advocating for this earlier).
    NCLC will still have an easement but, that is for access to their land and does not include parking and recreational use.
    Then you can apply for gov’t funds for carbon sequestering & stop this logging/thinning plan which will further our carbon loss & increase climate change along with causing more sedimentary damage to our water sources. (Here’s an article about the Bill that was passed and how it relates:
    https://oregoncapitalchronicle.com/2022/08/09/oregon-renewable-energy-projects-farmers-loggers-could-get-millions-from-inflation-act/)
    This is Arch Cape Watershed and should be protected.

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  6. Oregon State Stature 244.177 1.b states “A public official may not participate as a public official in any interview, discussion or debate regarding the appointment, employment or promotion of a relative or member of the household to, or the discharge, firing or demotion of a relative or member of the household from, a position with the public body that the public official serves or over which the public official exercises jurisdiction or control. As used in this paragraph, “participate” does not include serving as a reference, providing a recommendation or performing other ministerial acts that are part of the normal job functions of the public official.”

    A domestic partner qualifies as a member of the household regardless of marriage. The Forest Management Committee is a public body over which the Water District Board and its Board Members as public officials will exercise jurisdiction and control.

    The Board member as a public official participated in the discussion about the appointment of their domestic partner and voted for the appointment. This not only meets the criteria of impropriety, by also is nepotism and is against this law.

    The Board member should resign and the appointment of their domestic partner voided.

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      • I have spoken with the Oregon Ethics Commission. Since the Forest Management Committee appointment is not a paid position, this action is not illegal. It is improper (as Dan Seifer suggested) and unethical, but it is not illegal.

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