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Settlement negotiated: Mt. Angel mayor agrees to pay fine

By Kristine Thomas

Mt. Angel Mayor Rick Schiedler paid a civil penalty of $200 to settle and conclude an ethics complaint filed against him with the Oregon Government Ethics Commission.

Schiedler said he paid the fine because “it was the cost effective way to settle this issue rather than to continue paying attorney fees.”

The ethics complaint claimed Schiedler, who is employed by PGE, should have declared a potential conflict when he approved payments of bills to PGE 18 times between Feb. 5, 2007 and September 2008. During that time, Schiedler was a Mt. Angel city councilor. He became mayor in January.

According to the terms of Schiedler’s stipulated final order from the Ethics Commission, “on March 13, the commission found there was cause to investigate and began the investigative phase in this matter. James D. Van Ness, attorney at law, who is representing Mr. Schiedler, indicated that his client wished to settle this matter by negotiating terms in this agreement before the investigation is concluded. In agreeing to the terms of this settlement, Mr. Schiedler does not contest the allegation that he violated ORS 244.120(2)(b)(A).

“The purpose of the stipulated final order was to settle any and all claims, allegations and charges by the Oregon Government Ethics Commission against Rick Schiedler,” read the stipulated final order.

Schiedler said the original ethics complaint filed in September 2008 was about the underground utility project on Church Street.

“This part of the complaint was dismissed by the Ethics Commission on March 13, 2009,” Schiedler said.

The preliminary review by the Oregon Government Ethics Commission on March 4 stated, “It does not appear that Mr. Schiedler was met with an actual or potential conflict of interest while participating in this matter as the agreement was between the city of Mt. Angel and Morse Bros., and it does not appear that Morse Bros. is a business with which Mr. Schiedler was associated.”

Schiedler said what the Ethics Commission had an issue with was he had voted to pay the “routine monthly PGE bills which were included in the accounts payable from January 2007 to September 2008.” He has stated he had no financial gain from voting on PGE’s monthly bills and he was disappointed he was never told by the city’s attorney, city staff or council members he shouldn’t vote on the issue. Once he was informed it was a potential conflict of interest to vote on PGE bills, he refrained from voting on that matter. he said. As mayor, he only votes when there is a tie, according to city charter.

Schiedler has spoken with other mayors in the area who said their accounts payable is shown to the council at meetings but there is no vote to approve them. “This is something that our city council could look into and decide if we should do the same,” Schiedler said.

Schiedler added “several Mt. Angel city councilors in the past who worked for utility companies have also voted on approving the accounts payable which included the routine monthly utility bills of the companies that they worked for at the time.”

David Trapp of rural Mt. Angel filed the complaint regarding Schiedler with the Ethics Commission in 2008 after reviewing the minutes of Mt. Angel City Council meetings.

Trapp said he hopes the Ethic Commission decision will help the council and other elected officials understand the rules.

“I think when councilors put their right hands up and swear to follow the state rules that they have an obligation to learn what the rules are and follow them,” he said.

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