Though Coos County’s chief deputy assessor is scheduled to take over the assessor’s office in January, he hasn’t been there since Sept. 30.

Adam Colby said he was placed on indefinite paid leave after he asked for an investigation of personnel issues in the office, but no one in county government will say who sent him home.

“I thought he was on vacation,” Assessor Bob Main said.

Main himself was on vacation during part of Colby’s absence, but he was back in the office this week. He said Wednesday he was surprised to hear his chief deputy was on leave.

Main was elected in May to replace Commissioner John Griffith, and Colby was elected assessor at the same time. Both will move to their new jobs in January.

Colby’s leave of absence appears to stem from a letter he sent to the commissioners on Sept. 29.

“I am concerned about the continuing personnel related issues in the assessor’s office, and request that a complete investigation be conducted at the earliest possible date,” Colby wrote. “I ask that this investigation include an evaluation of the professional conduct of all Assessor’s office personnel, including myself.”

Colby says he was placed on leave at 1 p.m. the next day. Other county officials would neither comment nor confirm an investigation or that Colby was placed on leave.

Commissioners John Griffith and Nikki Whitty referred questions to the county’s lawyer and Human Resources Department.

“All litigation related,” attorney Jacki Haggerty said. “I’m not going to comment.”

The litigation appears to be related to two recent tort claim notices filed with the county.

In August, Eugene lawyer Brian L. Pocock notified to Haggerty’s office that an assessor’s office employee, Angela Provost-Allen, intended to file a claim for damages due to adverse employment actions by Coos County.

The notice said her claims were based on sexual harassment, assault and negligence, including failure to investigate misconduct complaints, and negligent supervision. She also claims intentional infliction of extreme emotional distress. The document also cites defamation; gender discrimination under Title VII of the Civil Rights Act and Oregon Revised Statute 659A.030; and whistle blowing under Oregon Revised Statute 659A.203.

The tort claim notice says Provost-Allen’s complaints were documented in letters to Main on March 19 and Coos County Human Resources Manager Steve Allen on Aug. 19.

The claim named Colby and Main, but Pocock said it was for their actions after Provost-Allen was assaulted and harassed.

“Neither Main or Colby directly engaged in sexual harassment,” he said.

 Pocock said Provost-Allen also has filed a worker’s compensation claim in relation to the harassment. She’ll decide whether to follow through with a lawsuit depending on what the county’s insurance company decides to cover, Pocock said. He expects the decision to be issued soon.

Haggerty confirmed that a second tort claim had been issued to the county. Though she gave The World a copy of Provost-Allen’s notice, she refused to provide a copy of the other, saying the notice was exempt from disclosure under Oregon public records law.

Interpretation of the public records law appears to vary among Oregon counties. Clackamas County’s district attorney concluded in 2003 that tort claims are subject to disclosure.

“The exemption applies only to records developed or compiled by the public body for use in the litigation,” a 2003 opinion said.

It goes on to say:

“The written notice is notice of the litigation. It is not of the litigation itself such as records or notes that might be generated by the public body and exempted ...” the opinion said. “By way of analogy, a complaint filed by a party claiming damages against a public body would be public notice of a legal proceeding and therefore a public record. It follows that the notice that such a claim will be asserted against a public body would therefore also constitute a public record.”

Colby wouldn’t comment on the tort claims, but he did say he thought most likely the Human Resources Department would conduct the investigation.

“I’m not at liberty to discuss personnel issues,” he said Tuesday.

Main said Wednesday he had not been notified of the tort claims.

“I’ve heard rumors,” he said.

Allen, the human resources manager, refused to comment as well.

Colby said he has access to his work e-mail but has not been in the office since Sept. 30.