Oregon Taxpayer's Union Liable for Sizemore Liabilities

Today, Multnomah County Circuit Court Judge Pro Tem Eric Neiman granted summary judgment to the Oregon Education Association against Oregon Taxpayers Union-PAC. The Judge found that Oregon Taxpayers Union-PAC was a successor organization to Oregon Taxpayers United-PAC, and was therefore liable for that organization's judgment debt. Both organizations are run by Bill Sizemore, who has also been found personally liable for that same debt. All of this liability stems from a 2002 jury verdict in which OTU was found liable for civil racketeering. BHMK Attorney Aruna Masih represented OEA in this matter.

BHMK has an active practice representing labor unions in complex litigation. For more information regarding this or any other matter, please contact Greg Hartman at (503) 227-4600.

Police Officer's E-Bay Sex Tape Not Protected by First Amendment

In keeping with the general trend that the 9th Circuit Court of Appeals generally stands a good chance of being overturned by the U.S. Supreme Court, the Supreme Court overturned the 9th Circuit's recent decision on a public employee free speech matter. In that case, City of San Diego v. John Roe (December 6, 2004), the city terminated an officer who made a video showing himself stripping and masturbating in uniform. The officer was also selling it on E-Bay. The 9th Circuit went out on quite a limb and found that he could not be terminated for making that video because he was speaking out on a matter of public concern. The Supreme Court disagreed and held that the lower court had departed from the general rule that a matter of public concern is a matter concerning governmental policies that are of interest to the public at large. The Court went on to find that even though the tape was made outside of the employment context, it still had an adverse impact on the employer, and therefore must meet the public concern test. Once again, while not a huge departure from past case law, the Supreme Court has reaffirmed that it is not interested in expanding constitutional free speech protections.

BHMK Attorney Nelson Hall Wins Firefighter’s Reinstatement

In mid-2004, the City of Salem terminated a firefighter who was on long-term disability after aggravating an old on-the-job injury. The City did this, even though the union’s contract with the City prevented termination for two years from the time of the disability and the firefighter had only been out on disability for a few months. The City asserted that the two years should be measured from the time of the original injury, which had happened several years before. Nelson Hall, on behalf of the IAFF Local 314 argued that the City was clearly violating the contract and that the protection began to run at the time the disability was approved. The arbitrator agreed and held that the contractual two year protection started at the time the long-term disability is approved, in this case after the aggravation, not the original injury.

BHMK Attorney Nelson Hall advocates for injured and disabled workers as well as those injured in accidents outside of the workplace. To contact Nelson, please call (503) 227-4660.