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Hospital, parent are brunt of lawsuit
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Dayton man
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Hess may sue
city of Newberg |
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Former Dundee police chief claims city of Newberg
officials lied in an effort to get him fired |
By Gunnar
Olson, Newberg Graphic reporter
E-mail Gunnar at golson@eaglenewspapers.com
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Former Dundee Police Chief Dan
Hess has now threatened to sue the city of Newberg.
A Hess attorney filed a tort claim — a notice of intent to sue a
government agency — with Newberg City Attorney Terry Mahr Tuesday,
nearly three months after the city of Dundee received a similar tort
claim from Hess. Hess accuses the city of Newberg of lying in an
attempt to get him fired.
“We believe that, considering the political climate at the time,
the false accusation was made out of spite and for the purpose of
causing Mr. Hess’ departure as the city of Dundee police chief,”
reads the tort claim, written by attorney Eric Fjelstad of Gresham.
The “political climate” surrounding the police chief had been harsh
for months leading up to his termination in early July. Since Hess
took over the department in summer 2003, the department underwent
drastic and often contentious changes — including the suspension of
the three-man reserve officer program and the departure of a
longtime officer.
The accusation which Hess’ attorney said was false is the one made
by two Newberg ispatchers (Newberg dispatch handles Dundee
police department’s calls). The dispatchers said Hess called the
owner of the Dundee Arco gas station, a Pakistani national, a nice
guy for a “rag head.”
This complaint and another — that Hess intentionally excluded
Newberg Deputy Chief Brian Casey from a safety meeting — were the
subject of a closed-door meeting of the Dundee City Council. A week
later Hess was fired. Dundee City Administrator Eve Foote later
acknowledged that the alleged racial slur is what led her to fire
Hess.
Hess’ attorney wrote that the city of Newberg played a “significant
role in the city of Dundee’s determination to end Mr. Hess’
employment ... .”
The lawsuit threatened against the city of Dundee was for breach of
contract; violation of his “constitutionally protected property
interest in continued employment”; termination without due process
of law; and misleading information about the terms and benefits of
Hess’ employment. The tort claim said Hess would settle out of court
for $60,000.
Foote said there was no basis to the claims and that the issue had
been turned over to the city’s insurance carrier.
None of the involved parties commented on the particulars of the
latest tort claim. Newberg City Manager Jim Bennett and Deputy Chief
Casey deferred to City Attorney Terry Mahr, who hadn’t returned
phone calls as of Friday’s press deadline.
Hess referred all comments to his attorneys. Fjelstad, who is
taking over the claims for John Laherty of McMinnville, declined to
add anything to what he wrote in the claim.
Fjelstad did say the suit would be brought sooner rather than later
and the plaintiffs have two years to do so. The latest tort claim
does not ask for a pretrial settlement.
Bennett said the tort claim would be forwarded to the city’s
insurance carrier, City County Insurance Services, to be handled
there “like any other tort claim.”
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From Nov.
13,
2004, Newberg Graphic
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