other was filed by former KID special attorney, Lawrence
Kogan of New York, claiming the recall petitions were not
unclear if either petition will delay the elections
scheduled for Wednesday, Oct. 12 and on Nov. 7. Sources in
the Oregon Secretary of State’s office did not get back to
the Herald and News as of press time.
in the newspaper ad that appeared in the Herald and News on
Sept. 16 argues against recalling three members of the KID
board: Brent Cheyne; Kenneth Smith; and Grant Knoll. (Cheyne
and Smith are up for recall Oct. 12. Knoll is up Nov. 7.)
ran under the header, “Recall Justifiable???”
petitioners for the recall: Edward Bair, Ross Fleming and
Jason Chapman, allege that the ad needed to be financed and
backed by a Political Action Committee under state law.
Under the law, any person or group facing a recall must form
a PAC if they intend to spend or receive more than $750 for
their campaign against the recall. The ad was placed and
“paid for by zones 1, 2 and 3” of the district according
copy for the ad, but no political committee nor committee
treasurer was named.
ad’s cost was $995, but there is no evidence of a political
action committee filing with the state nor any recorded
expenditures, the complaint alleges.
candidates’ failure to form a political action committee in
opposition to the recall elections is another example of the
continued unethical behavior exhibited by the candidates,”
writes Mika Blain, Klamath Falls attorney for the
Bayes, interim elections director for the secretary of
state’s office, said the state is investigating the
allegation. It is unknown when a decision will be made.
Meanwhile, Kogan filed a complaint Thursday with Bayes’
office, claiming the proponents for the recall have made
false statements in their petitions for the recall and may
have improperly filed the petitions in the first place.
write in my individual capacity as a citizen from outside
the state of Oregon and as the authorized representative of
the Institute for Trade, Standards and Sustainable
Development,”… a New Jersey-based nonprofit aimed at
promoting regulatory transparency and accountability in
government, Kogan’s petition said.
was hired by the KID board late last winter to help
negotiate the $10 million rebuild of the C Canal flume
project. Part of the reason for the recall is that some KID
irrigators claim that Kogan overstepped his bounds and that
decisions were made in closed meetings without approval of
the full board. Some of the wrangling resulted in delays in
approving work on the C flume. Kogan’s work with KID ended
said, for his part, and the board, the delays were due to
concerns that the board did not have the full funding to
complete the project and there were fears that the Bureau of
Reclamation could take possession of the infrastructure if
KID defaults on the BOR loan.
16-page complaint, (which is posted with this story at
Kogan writes that “this recall campaign may already have
been legally compromised or corrupted and that state crimes
may potentially be or have already been committed.”
However, he adds that none of what he writes should be
construed as being a legal opinion or legal advice.
claims that the filing of the petition may not have been
done according to Oregon election law and that signatures on
the petitions may not have been properly certified. He also
claims that instructions to those collecting signatures may
have omitted information on how a signature is properly
was launched at the start of the recall campaign on July 25.
Kogan claims that the site contains, “false, misleading and
opinionated information that is intended to persuade KID
patrons to vote in favor of the Oct. 12 recall.”
further claims that other websites, such as heraldandnews.comand
the Klamath County Chamber of Commerce’s Facebook page,
added the website to their news stories. “(It) suggests not
only that H&N’s editors may support the recall effort, but
they are subliminally trying to persuade their readership to
cast their vote in support of it.”
that the state investigate the allegations and offer the
three under recall equal protection under the law.
Attorney Blain, in response to the Kogan documents, said in
an email to the H&N:
I do not believe Mr. Kogan has standing to file a complaint
because he is not an Oregon resident, not a registered
voter, not a KID patron, does not represent the recall
candidates, and is not an Oregon licensed attorney.
“Second, Mr. Kogan’s complaint is lengthy and confusing. Who
is he making the complaint against? Me, the chief
petitioners, the Herald and News?
the Secretary of State Elections Division does not have
jurisdiction over irrigation recall elections.
“Finally, KID’s attorney and I addressed the issue of the
‘petition’ prior to KID’s verification of the recall
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