State subpoenas assessor's records

By Meghan Walsh, Staff Writer
Tuesday, November 17, 2009 | 33 comment(s)

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Several weeks ago Coos County Assessor Adam Colby gave a presentation at a Bay Area Chamber of Commerce luncheon on “Turning Around an Underperforming Organization.” The first slide illustrated two men hauling a buggy, which seems apropos for an office that continues on bumpy path.

Since that luncheon two more employees have quit, another tort claim has been filed and the Oregon Department of Justice has requested the county appear in court related to the matter. That makes at least seven employees who have resigned or retired for various reasons since Colby took office in January, and 10 tort claims.

On Nov. 24, the county must show cause as to why it did not release documents to the Administration of the Workers’ Compensation Board related to a claim assessor’s employee Kay C. Roach filed. The state issued a subpoena on April 17.

The initial hearing will be held in a Marion County Circuit Court. Coos County Legal Counsel Jackie Haggerty said she will be filing a motion for a change of venue, which will likely be considered at next week’s court date.

“I was disappointed I couldn’t get the Department of Justice to file in Coos County, but they didn’t consult much with us,” Haggerty said. “It’s more convenient for the state to appear there.”

An administrative law judge ordered the county to turn over documents, which Haggerty argues are protected by attorney-client privileges. If she can’t prove that to a judge, the county would be in contempt of court and could be slapped with a sanction of $500 in fines for each day the contempt continues and forced to pay attorney fees and other costs.

“I think every attorney in the state should be concerned,” Haggerty said. “Attorney-client materials are not discoverable. The Workers’ Compensation Board is saying, ‘Yes, we have the right to those.’”

If ordered to do so, Haggerty said the county would hand over the papers.

“The county is not going to disobey a lawful order,” she said.

Roach’s workers’ compensation claim alleges Colby was the “major source of the creation of a hostile work environment and of claimant’s stress.”

An administrative law judge denied the claimant’s request for all documents involving Colby’s employment or the assessor’s office, because it was too broad. But, he did rule, any personnel records regarding investigations into the staffing or inter-workings of administration should be revealed.

Colby said he could not comment.

“I am not going to comment on legal matters,” Colby said. “I am going to press forward.”

An employee filed the 10th tort claim against Colby this month, after which two more employees quit. In Septem-ber, two employees also resigned, and four others said office stress pushed them to retire early.

“They have lost a lot of experience in that office,” said resignee Pat McCarthy, who worked in the office for almost five years. “I wanted to stick it out. I thought things were going to get better, but they didn’t.”

Colby said both of the latest positions have been posted online. He is interviewing six applicants this week — the majority of whom do not have appraisal licenses. Colby said, depending on the person, it takes about a month to study and pass the licensing exam, in the meantime, new employees are paid a training salary and can’t appraise property.

“This doesn’t set us back at all,” Colby said. “I'm looking for a certain kind of person, someone that is highly motivated and a self-starter.”
Timeline


What: Employee turnover has bedeviled the 16-employee Coos County Assessor’s Office over the past year.


• August 2008-November 2009: Six employees file 10 tort claims, while up to nine people resigned for various reasons.


• September 2008: Colby was placed on paid administrative leave for over a month pending an investigation.


• January 2009: Colby takes office as assessor.


• October 2009: Colby requests Oregon Department of Revenue audit of the department’s practices.


• November 2009: Oregon Department of Justice requests Coos County show cause for refusing to turn over documents related to an assessor workers’ compensation claim.
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spitting fire wrote on Nov 26, 2009 11:27 AM:

Since I have been relaying these truths, pressure has come to bear on Assessor Staff. In case there is anyone out there that doe’s not know many Assessor Staff & others were sent home early, at noon, on Wednesday. It is believed that A.C. & Human resources, that is very tight with A.C., think they will find these emails spilling the truth off of their Computers. As if any of them are dumb enough to do this at work, with a County Computer that has no Personal Privacy. This has to be saving the County Money? Happy employees produce Happily, unhappy employees strain under a Dictatorship to get anything done, with every move scrutinized by A.C... I have seen no Money being saved since his election. which was a small percentage of registered Voters. As for the Web site A.C. keeps taking credit for , it was there a long time before he was hired. All the updating to the web site have not been done nor input on by Adam Colby. But He will take what ever People mistakenly give him.

Spitting Fire

Shallow Al wrote on Nov 24, 2009 5:38 PM:

Mr. Colby:

In my opinion, just too late.

YOu can type and post anything you want in a blog.

Just far too many coincidences to cover up with a nicely worded blog.

Adam Colby, Assessor wrote on Nov 24, 2009 8:38 AM:

I entered public office committed to government reform, and will not waiver from doing my level best each day to implement the systemic changes that will ultimately benefit the taxpayers.

Please take an opportunity to read about the assessor’s office reforms in detail at: www.cooscountyassesor.com and http://assessor.cooscotax.com/

You are also encouraged to contact me with any of your questions at:
Office: 396-3121 Ext. 275
Cell: 404-5159
E-Mail: ccaoassr@co.coos.or.us

Sincerely,
Adam Colby, Assessor

spitting fire wrote on Nov 23, 2009 8:45 PM:

Adam Colby is not a tough boss just an abusive one, who is afraid of the People that know more then he does. This is what he has tried to surround his self with. It is a real shame that the Commissioners have let this go on for so long. All of the People that knew what and how the State wants the Taxes to be done are gone. The new way the A.C. way, which by the way is not even close to the correct way. Do any voters out in Coos County have any idea how much he is going to save the County when the State does the work and sends us the bill? Which is DUE. A recent hire from another County (an Assessor) worked 2 days and QUIT. There is a very bad problem in the Assessors Office and soon we will find out how much it is going to cost us.

Spitting Fire Still

IWanttoknow wrote on Nov 23, 2009 5:16 PM:

Iwanttoknow: Dan are you really a retired police officer? If you are have forgotten how the 'chain of command' works? All organizations has a hierarchy that given time will work or someone(s) have to go. Most supervisors' promoted from the ranks usually don't have to establish their authority and just move into a new office space (they do move the furniture around). I will bet your police hat if the state finds any wrong doings it will not have happened on Colby's watch. Some folks that shine light on dark places may find themselves in the lime light. Just my opinion. Bye DOES F.S.N.P. mean anything to anyone?

c.b. businessman wrote on Nov 23, 2009 3:35 PM:

Someone almost copied my name. Greatest form of flattery. I wonder what Pick thinks of all this County Assessor's stuff?

1313 wrote on Nov 23, 2009 10:03 AM:

Gee, I hope this means no property taxes next year.

dan milburn wrote on Nov 22, 2009 7:36 PM:

After voting for someone in public office, if you saw the following list of anarchy and multiple legal issues, would you vote for them again? Be sorry you voted for them the first time?
Click these links at the top of this page and watch how much of your tax money is being sent because of issues in this public official's office.
Dec 18: Fourth claim targets assessor's office
Jan 16: County assessor sets up public blog
Feb 04: Fifth tort claim hits county
Mar 26: Two more file claims against assessor's office
Aug 28: Assessor alleges widespread problems
Aug 28: County tort claims rise to 9
Sep 09: Tough bosses can be too tough
Sep 19: Conflicting assessments
Sep 21: Friction builds in county office under Colby
Nov 17: State subpoenas assessor's records
Why are you just staring in disbelief that this alowed to continue? Why is this county so messed up? Why do all these public officials continue their behavior with public censure? Are we so numb from it all that we just shrug and say MORE OF THE SAME? I wanna know!

IWanttoknow wrote on Nov 21, 2009 4:13 PM:

Mr. Jazzman: Does it bother you when some one like the president of the United States calls his staff, MY Staff, or any other references like: My Speech, when he didn't write it? The 'My' used Mr. Colby is a 'My' used by all leaders, private or public that take responsibility for everyone's actions that happens on his/her watch. You would really be P.O. ed if you were military, MY is used by everyone in any leadership role. Prove me wrong and I will get MY wife to apologize to you!

jazzmen wrote on Nov 20, 2009 9:54 PM:

How many times does Mr. Colby use "I" on his assessor's website? He says "MY" goals to increase service to the taxpayers can review "MY" leadership accomplishments..." Based on his statements I can't help wondering if he thinks "his" (I thought they were employed by the County) employees contribute anything! How long before he chases off the rest of the office employees?

coquillian wrote on Nov 20, 2009 1:21 PM:

Justice or All, you might want to get your facts straight before you write. The Road Dept employees were laid off which means full unemployment tied to educational benefits. There was NOTHING illegal about laying them off. 40 Sheriff's Office employees were laid off before them, and not a whimper out of one. They bucked up and went out and got other jobs. The only thing the county did wrong was that they did not have the balls to make the Road cuts at the same time, BEFORE the economy went to crap. Adam Colby is a jerk in a suit, no more no less.

Shallow Al wrote on Nov 20, 2009 1:02 PM:

Dan:

I gotta know....Did the horses kiss???

dan milburn wrote on Nov 20, 2009 9:38 AM:

I've been to a wedding between two horses, seen men kiss in public and watched the Fire Department burn down once - but I have never seen a sorrier bunch of public officials anywhere in my life.

Truth Seeker wrote on Nov 19, 2009 4:33 PM:

Lets not sidestep the issue Mikey. By the way I'm NOT a County employee. A year ago Mr. Colby was on admin. leave with full pay as Deputy Assessor due to the problems that he had already generated in the Assessors office. How about that for value? Do you ever watch the meetings on the TV? Ask yourself in these hard times why it takes 3 management people and several team leaders to run this small office of 16-18 depending on the time and day of course. Does that not suggest that control is the issue here rather than efficiency? Perhaps you should google Mr. Colby's name and check on his background. Have you ever heard of Lake County California? This man has some real problems - specifically micro-management. Apparently the behavior is not new to him. Be careful who you lionize?

Shallow Al wrote on Nov 19, 2009 2:20 PM:

Justice For All:

I have an answer for you. It applies to all attorneys in all cases.


Billing hours!

Justice for All wrote on Nov 19, 2009 12:09 PM:

I'm surprised there isn't at least a little outrage over County Counsel Jackie Haggarty's role in all of this.

She's a highly paid county employee, but instead of using her legal training to keep the county from engaging in activities that could lead to costly lawsuits, all she seems to do use her power to keep suspect information from getting out to the public.

She stood by and let Stufflebean and Whitty fire the roadworkers, when it was obvious that the there were serious procedural questions about the firings. I wonder how much Coos County taxpayers have paid to defend the lawsuits. If she's wrong about her attorney privilege claims she'll cost the county many thousands of dollars. Is she acting in the county's best interests or in the best interests of the power hungry individuals working for the county?

Why isn't her job in jeopardy?

Adam Colby, Assessor wrote on Nov 19, 2009 11:46 AM:

Anyone interested in learning more about my goals to increase service to the taxpayers can review my leadership accomplishments and other transparent details at: www.cooscountyassessor.com

You can also review the many website updates on the office website at: http://assessor.cooscotax.com/

I am very proud of the many employees in my office who have committed their efforts toward the positive changes of improving service to the taxpayers.

Sincerely,
Adam Colby, Assessor

dannygs wrote on Nov 19, 2009 9:16 AM:

gosh, starting to think where there is smoke, there is fire. I voted for the guy, but will be the first to admit when I've made a mistake... and with this one, I'm starting to think a big mistake has been made putting this guy in charge. doesn't it make sense for the county to have a formal investigation of him and release the findings to the public? he is a public official, we have the right to know. There's just something not right here.

oh, and as for the ad for the lady that just got employee of the month.... not to diminish her award, but is she the only employee left?

mikebrdn27 wrote on Nov 18, 2009 3:28 PM:

Truth Seeker, wow. This information was not on the website one year ago. Maybe if you are a county employee you could find the information but your average Joe or Mike could not. My colleagues and I use the website often and find it really helpful.

coosbaygal wrote on Nov 18, 2009 1:16 PM:

Reporting sour grapes without mentioning all the accomplishments and improvements to that office seems a bit bias. I hate paying property taxes in November but the better customer service and concern for the taxpayer takes some of the sting out of it.

coquillette wrote on Nov 18, 2009 10:23 AM:

With the economy like it is, things must be really bad for these people to leave. How many more needs to leave before they realize where the problem is, and it's Adam Colby.

Truth Seeker wrote on Nov 18, 2009 10:17 AM:

Hey Mike! Get Real! The information was always familiar for those who could use a computer, atleast for the last 10 years or so. Where have you been? Again, TEN Tort Claims, 7 experienced employees gone? Are you ready for the mistakes these "new" workers may make due to lack of training? I have heard the Deputy Assessor & Office Manager have had NO experience appraising or assessing until last year? Mr. Colby has minimal experience as well. Are you afraid now?

Rebecca1 wrote on Nov 17, 2009 10:36 PM:

Yes, that is right when the records are asked for by the proper authorities, they must be brought forward, justice for all, what is is they are trying to hide. Our nation is set forth with the truth to prevail, what happens from there is what it should be. Adam Colby only appears to be getting rid of those maggots on our carrion, self inflicted, personally I know there are a whole bunch of "misdoings" on the tax role, therefore "doing it in the 'Daylight' or "what's right is still really right" is still what I want to vote for, being an American.

Shallow AL wrote on Nov 17, 2009 9:41 PM:

10 tort claims.

Employees who deal in NUMBERS resigning in these tough economic times.

Employees who deal in NUMBERS retiring early in these tough economic times.

Seems to me that people who are familiar with the economy and job market would not walk away from a County job with the benefits unless there was a problem somewhere.

10 tort claims?

I'm not a numbers cruncher, but that seems like a lot in 10 months. It even sounds like an average of one per month.

Violet wrote on Nov 17, 2009 8:36 PM:

"This doesn't set us back at all", Colby said. What? Losing 7 employees in less than a year isn't a setback? Hmmmmm.....

Jack wrote on Nov 17, 2009 7:35 PM:

I remember some time back that the discussion with the appraisal staff is that it takes about 5 years to really know the system well. It's not just about passing a test, it's about learning how to enter into the computer system and all the different things to consider, plus knowing what the laws are. Right now, there is only one experienced appraiser left. I feel sorry for the new employees because they don't even know what they are getting into.

Truth Seeker wrote on Nov 17, 2009 4:23 PM:

I support the conclusion of NB REZ - there is something rotten in Coquille. Why does the County fear exposure of the facts for the comp claim? Change can be good however, losing at least 7 highly experienced, trained workers is suspicious. Think about it Ann &CB Business. More information needs to be shared to get to the bottom of this!

NB_Rez wrote on Nov 17, 2009 1:50 PM:

I could understand and support Mr. Colby if this only involved a couple of employees. But 7 employees quiting and 10 tort claims filed lead me to believe the problems lie with the managment and not the employees.

mikebrdn27 wrote on Nov 17, 2009 1:37 PM:

The website just keeps getting better and so does the customer service. This saves me a trip to your office. Change is hard for people to take but these changes make it nice for the taxpayer and isn't that who you are working for?

QWCS wrote on Nov 17, 2009 1:10 PM:

For the 1000000000000000000th time. A Tort Claim Notice is not the same thing as a tort claim. Sheesh. How does the World keep messing this up? This is how it works: Normally, the statute of limitations for a peronal (non-property) lawsuit, a tort claim, is 2 years. However, in suits against the state or local governments under state law, the plaintiff must also issue a Tort Claim Notice within 6 months. A tort claim notice is simply a letter stating an intent to file a lawsuit, tort claim, in the future. A Tort Claim Notice is NOT a TORT CLAIM!!!!!!!!!! Get it right!!!!!!!!!

Icare wrote on Nov 17, 2009 11:59 AM:

I don't think they should allow venue change to Coos County. It's over in Marion for a reason....no one that is close to Assessors office or works with that office are in the Marion courts. Dept of Justice must be fair.

cbusinessman wrote on Nov 17, 2009 11:45 AM:

Maybe Mr. Colby should have swept problems under the carpet and left everything status quo. It certainly would have made his life easier. Wait, he is concerned about the taxpayer and fixing the problems. Thanks. Great Website.

annsimpson wrote on Nov 17, 2009 11:36 AM:

Having new folks just might be a good thing. It is easier to train people on correct procedures than to retrain people who like to say but we have always done it this way. It may actually help reduce the errors and problems in your office as well.


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