Clackamas County officials recommend hiring outside legal counsel to

OREGON CITY -- Clackamas County officials recommend the county pay to hire outside legal counsel to defend Commissioner Jim Bernard against an ethics complaint accusing him of a conflict of interest on the controversial Portland-Milwaukie light rail extension.

Members of the Oregon Government Ethics Commission decided June 1 to launch a preliminary review of the complaint, which is expected to take until the fall, said Ronald Bersin, executive director of the commission. Commission members will then decide whether to dismiss the complaint or launch an investigation, he said.

The March complaint by Canby resident Mack Woods says Bernard has a conflict of interest on Portland-Milwaukie light rail issues because he stands to receive $20,000 and other payments for relocating his downtown Milwaukie business to make room for the line. The complaint was based in part off a spreadsheet from TriMet that agency officials later said was inaccurate. TriMet officials blamed a coding error and said Bernard's property was the only one affected by the mistake.

County commissioners are set to decide at a work session 9:45 a.m. Tuesday whether to authorize up to $5,000 without further review. Both Steve Wheeler, county administrator, and Stephen Madkour, county counsel, recommend hiring outside help.

"Legal defense is appropriate because given the situation and facts as presently understood there is a responsible defense that can be developed," Wheeler writes.

The legal services would be limited to Bernard's time on the county commission and not his previous tenure as Milwaukie mayor, Wheeler said. Should the complaint be validated, the board could attempt to recover legal fees.

Roy Pulvers, of Portland firm Hinshaw & Culbertson LLP, has agreed to charge the county $300 an hour for his services, according to Madkour's June 7 memo to Wheeler. Pulvers, whose practice focuses on legal and governmental ethics, usually charges $300 to $500 an hour, Madkour writes.

Bernard insists his business property has nothing to do with Clackamas County's $25 million commitment to the $1.5 billion project because Bernard's Garage is in the city of Milwaukie, where he was mayor from 2001 to 2008. Bernard also supported the light rail project when he was mayor.

Two tax lots owned by Bernard's Garage, 2036 S.E. Washington St., were previously listed on TriMet's spreadsheet of rights-of-way that will need to be acquired for the project. Both properties were listed for partial acquisitions.

TriMet officials a day later said a coding error caused the incorrect listing, and the agency only needed to obtain two-year, temporary construction easements for Bernard's properties.

Bernard owns much of the block surrounded by Southeast Washington Street to the north, Southeast 21st Avenue to the east, Southeast Adams Street to the south and Southeast Main Street to the west. Bernard's Garage occupies the northern and eastern parts of the block.

The light rail is expected to travel in a southwest-northeast direction and will pass by the southeast corner of the block, where Bernard owns a building that he leases out. The Milwaukie/Main Street light rail station is planned for about a block south of Bernard's property.

-- Yuxing Zheng

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