R. Paul Frasier istrict Attorney for Coos County Office of the District Attorney Coos County Courthouse 250 N. Barter St Coquile, OF 97423 Phone: 541-306-7560 Fax: 541-395-1015 TOD: 190-736-2900 December 29, 2022 Mr. James W, Rose 2088 Cedar Court North Bend, Oregon 97459 Re: Your letter dated November 2, 2022 and received November 7, 2022 Dear Mr. Rose: ‘This is a follow-up to my previous letter regarding you request for an investigation ‘of certain officials in the City of North Bend. As | indicated | did not believe that such an investigation was warranted. However, | told you | would have the Oregon Department of Justice review the matter. Attached is their response that | received today. They agree with my analysis of the situation Given the above, there will be no further action on your complaint. We R, Paul FrasierELLEN F. ROSENBLUM LISA ML UDLAND aie Ge DEPARTMENT OF JUSTICE, (CRIMINAL. IUSTICE DIVISION December 29, 2022 Hon, Paul Frasier Coos County Distriet Atomey ‘Coos County District Attomey's Office 250'N Baxter Coquille, Oregon 97423 Dear District Attorney Fraser: | am writing in response to your leter asking thatthe Department of Justice review a request fora criminal investigation that was presented to you by concerned citizens in North ‘Bend. As you explained in your letter tous, the request stems from allegations against North Bend officals regarding an incident involving the Southwest Oregon Regional Airport District anda TSA employee. You determined thatthe circumstances did not merit a criminal investigation. We have reviewed your letter as wel asthe aecompanying materials. In short, we concur ‘with your opinion that there is insuficent information to suppor reasonable probability that an investigation would lead to evidence sufficient to warrant criminal charges. Accordingly, we will tke no Further action and consider the matter to be closed. ‘Thank you for your referral and please donot hesitate to contact me i'you have any questions or concerns. Sincerely, Wit) S— Michael J. Slauson Chief Counsel Criminal Justice Division Oregon Dept. of lusticeR, Paul Frasier District Attorney for Coos County Office of the District Attorney Coos Coty Coutheuse 250. Banter Se ‘Conute, 08 87423 Phone $61-996-7550 Fax 641.206-1015 ‘Too 600-735-2000 November 9, 2022 Mr, Michael Slauson Senior Assistant Attomey General Oregon Department of Justice 1182 Court Street NE Salem, Oregon 97301 Re: Request for an investigation of North Bend City Officials Dear Mr. Slauson: Earlier this week | received the attached documents where a Mr, James Rose, on behalf of himself and other concerned citizens ofthe City of North Bend, requested that | investigate the conduct the city manager, mayor, city council members and the chief police regarding allegations concerning the Southwest Oregon Regional Airport District ‘and an employee of the TSA. - | have reviewed the matter and | have concluded thatthe allegations do not warrant slate investigation. However, because of the close working relationship | have with the Chief of Police, I believe that my opinion may not be accepted | tequest that the Oregon Department of Justice review the matter and my opinion, If you disagree with that opinion, | would ask that your office investigate and if need be proceed with the fling and prosecution of any criminal mater that ya ind ‘Thank you for your attention in this matter. Please call wth any questions, R, Paul FrasierR. Paul Frasier District Attorney for Coos County Office of the District Attorney Coos County Courheuse 250M. Baxter St Coaulle, OR 97423 Phone 687-998-7550 Fax 641-896-1015 100: "-800-735.2000 November 9, 2022 Mr, James W. Rose 2058 Cedar Court. North Bend, Oregon 97458 Re: Your letter dated November 2, 2022 and received November 7, 2022 Dear Mr, Rose: ‘This isin response to your request that | initiate an investigation into the conduct cof Mr, David Miliron and other City of North Bend Officials conceming allegations made by Mr. Miliron regarding an employee of the TSA stationed at the Southwest Oregon Regional Airport. | do not believe it would be appropriate for either myseif or my office to investigate your alagations, | do so for several reasons. My first reason is that | have worked with Gary McCullough since he became a police officer in the 1990's forthe Gity of Coos Bay. We have worked on a lot of major investigations during that time and when he retired from the City of Coos Bay I gave him a commendation. My office Is currently working with Chief McCullough and the North Bend Police Department on numerous criminal prosecutions that have been referred to this office by the North Bend Police Department. | currently have two major proseuuliosfinvestigations with Chief McCullough being an active participant. Thoy are the quadruple homicide from June of 2021 and the Dr. Jackson murder investigation. ‘While | believe my reasons below are sufficient to decline your request, due to the close working relationship | have with Chief McCullough and the high esteem I have for him, to avoid any appearance of impropriety, my office should not do such an investigation,‘Secondly, | believe | do not have the authoriy to conduct such an investigation, ‘even if my frst reason did exist. ‘A District Attorney in Oregon only has authority to investigate and prosecute Violations of state criminal lav. A Distict Attorney has no authority to investigate or prosecute potential criminal violations of federal law. Its clear that TSA Argent Scarberry committed no criminal law violation on the state level. It is also clear that Mr. Miron did not report to any state or local law fenforcement agency that Agent Scarberry had committed a crime. At the most, any representation made by Mr. Miron was to federal authorities. That being the case, if ‘hare is any criminal violation it would be on the federal level and not the state level. AS mentioned above, | have no authority to investigate andlor prosecute a violation of federal law. Such violations are within the total purview ofthe federal law enforcement system land any prosecution would be under the auspices of the United States Department of Justice. | have reviewed all ofthe materials you have sent me. Again, my authority i limited to Oregon criminal law violations. While there have been allegations that statements ‘made by Mr. Miron and others interfered with the job ofthe TSA agent, i such occured, those would be within the realms of cv tort law. | am not authorized to investigate or file sult as a District Attorney for any civil tort misconduct Allegations that Mr. Miron is seeking to improperly end the IGA with the airport District are also outside of my jurisdiction. Those matters are solely within the confines of the civil law system we have i this state or the Oregon Government Ethies Commission, “There were also allegations thatthe City Council members have been meeting in violation of City rules and the Public Meetings Law. Violations of a city's internal rules of ‘governance are not within my purview. While I do have some limited authority in the area ‘of Public Records, | have no authority to enforce the public meetings laws. Such violations are totaly within the jurisdiction of the Oregon Government Ethics Commission. ‘In summary, if there was a criminal law violation, it would have been a violation of federal law, whic | carol investigate or enforce. Any civil tort claim vielation again is outside the scope of my authority. Any other potential violation may fall under the exclusive jurisdiction of the Oregon Government Ethics Commission. ‘As | have indicated, | do not believe either myself or this office can or should conduct the investigation, Trerefore, | will refer your request to the Oregon Attorney General, Criminal Division, for review. If they disagree with my analysis on the second reason why this innot a case for state level investigation or prosecution, | wil authorize them to proceed as they see fit. Si R. Paul FrasierRECEIVED November 2,2022 (C008 County Distt Attomey 250 North Baxter Street CCoguile, OR 97423 Dear Mr Frasier, |.am presenting a request to you on behalf ofthe ctizens ofthe ity of North Bend that you take the lead on itating an immediate investigation regarding he recent actions of Neth Bend Cy Adiinistrator David Miron. As you may know, a tot claim notice was fed with the ity of North Bend in the matter of TSA Supervisory Officer Josh Scarbery whois presently assigned to he Southwest Oregon Regional Alport. The tort caim bxings forth some very serous Allegations against the Mayor of Noth Bend, the North Bend City Adminstrator and NEPO Chiet Gary MeCullough. A copy ofthe nati ie enclosed for your review along wth various other ‘documents that provide aditonal background information and aimaline ofthe relevant evens, ‘We boteve that an outside investigation by the Coos County District ltomey’ office is necessary due to serious nature ofthese allegations and the fact thatthe tree highest ranking pull ficial in tha Ciy of North Bend hava been impleated in the evens in question. tis ‘2pparent rom the documentation that has been brought forwara so far, that at the very least Mr iron witinaly, knowingly, and maliciously brought forth a alse charge of fling a false pobce ‘port against federal TSA Officer. Mr. Milron's motives for levetng the flee charges against ‘TSA Agent Scarberry are yet to be fly determined, however they appear to be purely pala. Weare also extremely concerned that Mayor Jessica Engelke and the NBPD Chief Gary ‘McCullough and possibly other elected and non-slecod officials may have been aware af and ‘may have been patcpans in what could possibly be a ctminal conspiracy to bring these false charges agains this federal TSA ofier. Wie botieve it is extremely important for the chi law enforcement officer of our community to Investigate and reviaw tis mar to determine any laws have been broken and ensure tat ‘he highest standards of integrity are being upheld n our ily government. Il can be of further assistance, please contact me a your convenience, Sincerely, Soewecf— 2058 Cedar Ct, Noth Bend, OR 97459 541-297-8761 ‘ema jtose@kandastor.comTort Clam Notice dated October 28 (4 pages) 2, Letter of Representation & Pubile Records Request dated October 5, 2022 (4 pages) 3. Email Correspondence from David Miliron NB City Administrator to Theresa Cook Coos County Airport Executive Decor dated July 20, 2022 4, Letter from Matthew Kethchum, Acting Securiy Director, US. Dept. of Homeland ‘Security to Theresa Cook Coos Ceunty Aiport Executive Director dated July 21, 2022, 65. Southwest Oregon Regional Apert intemal memo from Russel Corona, Arpt Operations Supervisor to Theresa Cook Coos County Alport Executive Director unknown 6. Latter rom Parkins Cola Law fim (John R. Thomas) representing the Coos County Alport District to North Bend Cty Administrator David Mion dated August 8, 2022 7, lnvestgatv report fled by KEZI 9 news reporter Mike Cerulo dated October 20,2022 ‘Ma ad rt anna ok trl aca resend fsa ate atc News talea MEE ot, soe October 28,2022 VIA Email and Certified Moit Mayor Jessica Engelke North Bend City Counc Mayor Jessica Engelke City ofNorth Bend 835 California Avenve ‘Nott Bend, OR 97459 RE; TORT CLAIM NOTICE ORS § 30 exseg. Dear Mayor Engelke and North Bend City Coun: ‘This lester serves as Tort Clim Notice pursuant to ORS 30275, My lw fim represeats Mr Josh Searberry in connection with any and all lms he has against Mayor Jessica Engelke, Cty Administator David Miron, and any Cty of North Bend (City) employee or agent thats responsible for causing harm to Mr. Seatbeny. ‘As you know, on October S, 202, we delivered alter of representation to you on bebalf of Mr. Searberry (eter attached and incorporated herein). In that leer, we ‘communicated our serious concerns tha City Administrator Miliroa knowingly leveled false accusations aguins bi, Searbery and hat e did so under Mayor Englkc's Aicetion, knowledge, or const. Inthe October 5 letter, we iste the salient facts as follows ‘+ OnApri 14,2022, Josh Scarbery, in his role as an STSO forthe TSA, {nts Law Bforcement Incident Response Tet to dterine and ‘alate the response tim of acl police o specific thats; + Josh Searberry was pecoring his duis within he scope of his ‘mployment atthe TSA and parsunt to his obligations under federal lav, + North Bend Police Chief, Gary MeCallough, among oes, was notified in advance about the upcoming testing protocols; Serer Tot Cla Note age tod‘+ On Apil 14,2022, Chief MeCullough met in person with a member ofthe "TSA to discus the incident response test that would be performed later that day and to answer any questions; + On July 20,2022, City Adminisuaton Milieu a el 9 Therese (Cook aceusing Josh Sentbery of fling a false police report whichis (Cass A Misdemeanor under Oregon Lav. This el ls leveled various treats to tenminate certain agreements between the City of North Bend andthe Airport Distt, ‘On July 21,2022, as a result of City Administrator Milion'ssecusations, Josh Seaiberry tesporaniy lst acess o secured ares athe sport and ‘was placed on administrative leave pending the results of an investigation Of City Administer Milion's complaint “We have now received some additional information that confinns our concerns bout te city’s unlawful ats, nd we presme that this addtional information is msely the tp ofthe ieberg. We no know the following: ‘+ Oa ly 21,2022 the day ater City Administrator Miron accused Mr, Searbery of commiting a exime by filing false police report, the Federal Security Director forthe Transportation Security Administaion (US. Department of Homeland Security) wrote a desiled letter cutlining the specific federal laws autorizing the indent response tetas condusted ‘by Me. Scarbery and explicitly stalin that Me. Searberry was “perfoming his Ges and responsibilities within the scope of bis TSA, ‘employment and pursuant to authorities granted tothe TSA" + On August 82022, an attomey fr the Airport Distt wrote a thoughtfl and dtl letter fo City Administrator Million expressing concerns out the Citys tacts in negotiating or renegotnting long-randing ‘arangereats and agreements between the Cily sid the Aiport Distr. ‘This ltr also informed Miliron that [upon investigation and Srher ‘communication withthe TSA, we have determined that, contary to your allegations, no cimial violation occured.” Finally, the eter chastises (City Administrator Miliron tating that “we donot belive itis sppropints forth City to attempt to uae the incident invlving the TA * ‘pea means to gin leverage to engage in renegotiations of previously agreed arrangements.” ‘+ On August 24, 222, notwithstanding the TSA's and the Airport District's communications to City Administrator Milson that expressly and dry contadicted any aensation by Milian tat Mr Searbery filed a false police report or violated the law in ny wy, City ‘Adminstrstor Miliron once again refered to Mr. Seabery, nan email, ‘Seay Tot Chim Note ase2ord"ine fella who called in the fs report.” Milion's email was sen to ‘Mayor Engelke and others. ‘+ On September 29,2022 City Administrator Miron was notified thata Ihlieresone request was submited forthe August 8. 2022 ter frm The Aiport Dist, efrenced inthe bullet pin, above. In response to the records request, City Administrator Million wrote to Chiet MeCaallough * ** wll needa proposed response ASAP in order to respond tothe airport letter... otherwise, what th airport stats wil ‘and, which doesn't punt the city inte best ight.” tis ile and vicious aot when a person slander, libel, o in any way defames mother. This vile acts made much worse when itis performed by a person in power Mr, Seasbeny didnot deserve this etment fom City leadership. ‘The fact hat Mr ‘Searbery serves asa Supervisory Transportation Security Ofer forthe US. ‘Departmeat of Homeland Security makes these false actsatons even more damaging. It goes without saying thet Mr, Searbery's carer depends on his integrity and honesty. ‘Bue tothe actions of those in power, Me. Seurbery's personal and professional ‘reputation ae ireparably damaged Its clear, fom the documents that we have received, hat Mr. Searbeny was publily fel sensed of wrongdoing. The recipients ofthe false accusations include, but are not imited to, city and county leaders, and private citizens. We also know that Mayor Engelke was «recipient of mos, not all the communications. We intend to Tear about het exact oe inthis mater through formal discovery. Likewise, we are very ‘interes in leaning about what was communicated by and between Million, Mayor Engelke, and Chief MeCallough In addition to defamation scion, we ae alto evaluating a claim of negligent hing aginst the City. We believe tha, te very leat, tbe Cty should have known, lout City Administrator Miliron’s potent to cause harm bat did not take steps to Initiate he risk of tht har We presume that he City conducted a background check rior ting Millon. Even the most superficial background check would have evealed serious problems. Some ofthese are highlighted in the following website: nlpJinlesiste com/wha-te-helis-going-on-n-norh-bend. The City had sn Oblzstio to review, verify, or discount the stores highlighted by the dilyresitr com. ‘Moreover, the City knows that st yar serious accusations were leveled aginst, City Administrator Milizon by North Bend Police leadership and the police union. represented « member of police leadership. Darin the tim ofthat representation through the present time, Ihave been contaced by many citizens in the aca who have fais serious concerns about Milos (nd Mayor Engelke), Notwithstanding repeated ‘Complaats of misdeeds, the City continues to endorse Milin's ats by extending his ployment conte, According oth City Counel Mecting agenda, his employment ‘Sontaet was le euthrized on September 27,2022. The agenda item was simpy std Serer Tent Chin Note Paget48 °City Administrator Employment Agreement” witbout link to any documents reflecting that agreement ‘While we ares gathering infomation and evaluating the City's actions, itis lear fom th information we alendy posses tt Cy lens bed ts Authority and acted eutside any legally permissible bounds inthe way i dealt with Mr. ‘Scaberty. Our investigation of Mr. Seurbery’s claims is ongoing, “We, therefore, ‘eserve the right to offer additional facts as they become Known ad fo assert additonal ‘aims supported by new infomation, Asa rest ofthe unlawful acs described inthis eter, Mr, Sarbery bas sufeed significantly He intends to seek all damages ete to him by aw, including bat not limited to non-economic damages for humiliation os of slestem, loss of pubic esteem, loss of reputation, los of goodwil, and emotional distese, We wil iso be ‘seoing payment of all osts and atomey tes. [NOTICE TO PRESERVE AND LITIGATION HOLD ‘This eter also is intended io notify the City of Noth Bend, ts ofier and cmployecs of thet obligation to preserve electron files and data relied to Me. ‘Scarbery. For individuns, this alo serves ab notice of thei obligation to preserve thei etsonil electronic data. The City of North Bend may no desieoy, conceal, orate any documents or electronic les o any othe electonic data generted by andlor stored on ‘computers or any frm of storage media, ‘The City of North Bend, ts officers and employees sto are on notice to preserve all emails, text messages, nd ell phone records celatd to this ater and to advise all. temployecs who may posses information elevant to this mater oftheir obligations under thelavt. Failure to comply with his notice may result in snations bythe Cou for soliton of evidence. Sincerely, Roland. Roland paraguitte I Law Group, LLC roland@itawgroup com 508945659 (Copy: Noth Bend City Attorney, City County Insurance Services, client Sexe Tor Chi Nate PagetOctober, 2022 ‘Via E-mail Only: jengeke@northbendetvorg Mayor Jessen Bogeke City ef North Bend £835 California Avenue Notts Bend, OR 97459 Re: Josh Searbery [ter of Representation and Public Records Request Dear Mayor Engel: tis unfortunate, but aot surprising, that we are communicating wth you once ‘again about North Bend City Manager David Million’ stons. As you know, we bave previously expressed serous concerns about Cty Manager Milizon’s treatment of North end Police Department leadership ding a quadruple boicie investigation’. This time, wear investigating City Manager Milion's false accusations against Josh Scarbery wo serves asa Supervisory Transportation Security Officer (STSO) forthe US. Department of Homeland Security. Mayor Engelke, we intend to find uti City Manager Million acted on his owe wien leveling false accusations against Mr, Scarbetry or ite acted under you dreton ‘or with you knowledge and conse. ‘ince we were jst esis, we nave nor nad an opportunity review tls matter in complete substantive detail, We do know, however, that on July 20, 2022, Mr Milron sent an elo Theresa Cook, Executive Diretor ofthe Coos County Airport Distt (Airport Dist, falsely accusing Mr. Searbery of filing an unlawful police report Itmay be tht City Manager Miia flsly accused Mr. Scarbery inorder to fein leverage in negotiations withthe Airport District or that by leveling these false ccustions City Manager Million could threaten the Aiport Disret with non-renewal crea oar fy ier scons custo ply ihe tales, nt City Mange Min dng hi revo Scnbery- Later a Repetto and Pe Recale Rega ge totresus of is actions ceusedireparabl harm to Josh Searberr’spesonal and professional eputation and to his carer a a federal employee. face enronnding these cvents a fll ‘+ On April 16,2022, Josh Serbery, in his role a an STSO forthe TSA, Intiated Law Enforcement Incident Response Tea to determine nd cause the response time of local police to specific threat + Josh Scaberry was performing his duties within the seope of his employment atthe TSA and pursuent to his obligations under federal laws, + North Bend Police Chief, Gary McCollough, among other, was notified Jn advance about the upcoming testing protocols, + On Apil 14,2022, Chef McCollough met in parson with a member ofthe “TSA to discuss the incident response test that Would be performed later that dy and to answer any questions, ‘+ Oa July 20,2022, City Manage: Million sent an email to Theresa Cook ceasing Josh Searbenty of ling a false police report whic is a Clss A Misdemeanor under Oregon Lav. This ena also leveled various threats to terminate cetinaproementsbatween the City af North Bend and the ‘Algpot Dist ‘+ On duly 2, 2022, a result of iy Manager Millizon's cussions, Josh Searbery temporarily lost acess to secured arcs atthe aliport and was, placed on administrative lave pending the results ofan investigation of City Manager Miliron's complains. cannot be more lear that Jos Searberry was merely peeforming his dates and obligations under the legal authority ofthe TSA and Homeland Securiy. tis also clear {hat Chet McCollough was notified ahead of tine abou the emergency respoase test and, ia fet, met with the TSA pir fo the emergency response test procedure. We know {hat as city manager City Manager Mir has direct aces his police chet. More tan tre month passed between the April 1 emergency reponse test and te July 20 leer tothe Airport District accusing Josh Scarbeey of filing alse police report. ‘hiss cetiny enough time for City Maoager Miron to consult with his police chiet bout the emergency respons est ant educate himself about federal laws and ‘epulations for such tet. It ppeas that City Manager Million didnot bother lara out the April 14 emergency response test or the authority for it otherwise he would ‘ot have leveled fale accusations against oa Sarbery. ‘You should know tat Josh Searbery ia person with integrity and compassion ‘or bis fellow citizens. Mr, Searberry isa dedicated public servnt who has devoted more Sener Later af Represeton nd Pb Reco Raqoat aged oftthan 20 yeast protecting our citizens in his vole a the TSA. Mr, Searberry als served ts escve police officer forthe City of Coos Bay or nne years. Consequetl, his reputation and credibility a itl to is profesional life andr his place in the commit. Because of City Manager Milicon’s actions and filse accusations, Mr. ‘Searbery’s personal and professional reputation are now ieparably harmed. Mr. ‘Scarbery will forever have to sate tht he was placed on administrative leave when ‘applying for promotion withing his ageny or when applying for new employment Into Game wesrenw onecon Nighton "CoE “Meetings between elected officials serve an important function. Mayor Engelke was free to respond to an invitation and include several councilors, but she did it covertly ‘Noordhoff wrote in a letter to the editor. “It's not ethical or honest. My belief Is that it ‘was to deal quietly with the fallout from City Administrator Milliron's hard charge. ‘Mayor Engelke is not leading, she's following” Since the ad hoc committee was reportedly formed in private, a violation of council, rules may have occurred. “Atany time, the council, by simple motion or resolution, may establish a count committee deemed necessary and in the best interest of the councilor the ity." couneil rules state. “Such committees shall report to the council without unnecessary delay ‘upon matters referred to them.”‘THE IMPACT ON THE NORTH BEND COMMUNITY In the July leter, Milliron stated that the ity of North Bend was considering terminating its security agreement with the airport district. Ifthe city terminates its agreement with the airport, the airport would no longer be considered a “sp district" according to a CCAD presentation. A sp Oregon I city or county can provide. district is an area created by lation to provide specific services to communities ata level higher than a In that presentation, the airport district says that losing this designation would negatively affect commercial alr service up and down the Oregon coast. The airport district says this loss of service would affect the airports ability to attract pilots and airlines, damage travel options for community members, and directly lead toa loss of {jobs for the community. The airport also said it would lose funding for its Air Traffic Control Tower, which the local Coast Guard uses to coordinate actions and helps direct trafic ata busy constal airport. The airport says a loss of funding would also kneecap its growth, and hamper its ability o host community events such as the Knights of Columbus’ food basket program, the North Bend Senior Prom, and the Veteran's Stand Down, among others, G Regular CCAD August 2022 Board Meeting Mike Cerullo Reporte ece Watch KEZI9 News on weekdays fr reports from Mike Ceulo. He aso produces weekend newscasts.