Law Offices of Daniel SnyderRECEIVEDATTORNEYS AT LAW

1000 SW BROADWAY SllTE 2400

PORTLAND, OREGON 97205 Mr\R 0 6 2012TELEPHONE (503) 241-3617 FAX (503) 241-2249

www.lawofficeofdanielsnyder.com CI-VIL RICTi-rrS DI'iISIONPORT' A.,l\ll) OFFICE

COMPLAINANT:

Vance E. Voyles7120 SE Brehaut StreetMilwaukie, Oregon 97222

Case No.: STEMWB120306-1 0308

Bus. Telephone No.: 503-246-8400

ATTORNEY: Daniel Snyder1000 SW BroadwaySuite 2400Portland, OR 97205Tel: (503) 241-3617

RESPONDENTS:

LClackamas River Water District16770 SE 82nd DriveClackamas, Oregon 97015

County: Clackamas

l.Contact: Lee Moore, GM

2. Commissioner Patricia Holloway16770 SE 82nd DriveClackamas, Oregon 97015;

and3. Commissioner Graton Sterling.16770 SE 82nd DriveClackamas, Oregon 97015

Telephone No.: 503-722-9221

2. Contact: Patricia Holloway16770 SE 82nd DriveClackamas, Oregon 97015;

3. Contact: Grafton Sterling16770 SE 82nd DriveClackamas, Oregon 97015;

As to Respondent CRW, violations ofORS 659A.199; ORS 659A.203; ORS 659A.230.As to Respondents Holloway and Sterling, violation ofORS 659A.030(g) aiding andabetting acts forbidden under Chapter 659A.

I, Vance Voyles, being first duly sworn, do depose and say as follows:

1. I have been subjected to a hostile work environment, discrimination andretaliation for engaging in protected activity of whistleblowing.

2. I am a long time employee of the respondent, Clackamas River Water District(CRW). I have worked for CRW since 1987. I am employed as aProcurement/Conservation Coordinator. All respondents have the same address.

Complainant: Vance Voyles . .Respondent: Clackamas River Water DistrictMarch 1,2012Page 2

3. On or about June 2007, Respondent Commissioner Patricia Holloway, who wasnewly elected to office, approached me and provided me with a voice recorder.Commissioner Holloway instructed me to take the recorder to work, to keep therecorder running during work hours, and to secretly record conversations withother employees without their knowledge. I declined to do this and returned therecorder to Commissioner Holloway.

4. In the summer of 2008 while attending one of several barbeque dinner parties atthe residence of Commissioner Holloway, Commissioner Holloway told my wifeand I that in the CRW emails that she had acquired, she had come across an emailof a CRW employee that had an attachment that was a medical message from theemployee'S psychiatrist. My wife and I expressed no interest in this informationand accepted no documentation of it

5. On or around May 2008, Commissioner Holloway gave me a package containingCD disks. I did not know what was on the disks at the time. I later found out thatthese disks contained recordings of Executive Sessions of the Clackamas RiverWater Board (CRW).

6. On or around September 15, 2010, Cornrnissioner Holloway called me and saidthat she had documents related to a personnel issue for which I had been .previously disciplined. Commissioner Holloway offered to give the documents to

! .me. Commissioner Holloway said that certain Board members would beattempting t1 have me fired and that these documents would be important. Ideclined to accept these records from Commissioner Holloway. Shortly thereafter,I informed C!RW General Manager Lee Moore about this incident and providedhim with all documents that had been given to me by Commissioner Patricia

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Holloway. i

7. On or around mid-November 20 1O,Lee Moore, CRW GeneralManager, filed ormade a criminal complaint against Commissioner Holloway with the ClackamasCounty Sheriff's Office for violating state and federal laws related to interceptionof communications (ORS 165.543 Interception of Communications and USC Title18, Chapter 119 Wire and Electronic Communications Interception andInterception of Oral Communications). This complaint was based on the recordsthat I had returned to Clackamas River Water. I was then interviewed by theClackamas County Sheriff's Office. I provided the Sheriff's Office with astatement during an interview, which was recorded and signed by me. TheClackamas County Sheriff's Office has turned the records and transcripts ofrecordings over to the Clackamas County District Attorney's Office.Commissioner Holloway is resultantly under criminal investigation. To my bestknowledge, a prosecutor, Scott Heally, Senior Deputy District Attorney,Clackamas County, has been assigned.

Complainant: Vance VoylesRespondent: Clackamas River Water DistrictMarch 1, 2012Page 3

8. On February 15,2011, CRW, through Lee More, made an ethics complaint to theOregon Government Ethics Commission about Commissioner Holloway. Thiscomplaint is a public document that was circulated to the Board. The complaintincluded matters from the documents that I had received from Ms. Holloway buthad returned to Lee Moore, the General Manager of Clackamas River WaterDistrict

9. In 2011, a majority ofthe CRW Board made the decision to file an injunctionagainst Commissioner Holloway and former Commissioner Warren Mitchell,which sought a return of exempt materials that they possessed. That injunctionlawsuit was entitled Clackamas River Water Board v. Patricia Holloway andWarren Mitchell. The decision was largely predicated upon documents that I hadreceived from Commissioner Pat Holloway and returned to Clackamas RiverWater.

10. On March 17,2011, David Blair, Commissioner Holloway's spouse, posted onOregonLive.com under the pen name "heavenlydaize" false statements about me.Mr. Blair tried to shift the blame for taking confidential documents from hisspouse to me by writing, "[T]he Board Majority has refused to investigate ordiscipline either (Lee) Moore or (Vance) Voyles for the injudicious and possiblyillegal release of this sensitive information." Mr. Blair also posted, "According toinsiders, Voyles has always been a deadbeat who takes a couple hours every dayto run out and deal with his personal pizza business. More [?] waste that Mooreabets."

11. During CRW executive session board meetings in 2011, Commissioner Hollowayaddressed the Board about me. In retaliation for whistle blowing, CommissionerHolloway argued for my discipline and termination based on allegationsforwarded by former commissioner Warren Mitchell.

12. On or around early May 2011, CRW Commissioner Grafton Sterling, anemployer of Commissioner Holloway and Secretary of a Clackamas CountyCommunity Planning Organization for which Commissioner Holloway isChairperson, decided to run for election at CRW. Commissioner Sterlingapproached me at the business that my family and I run, Zappo's Pizza. Mr.Sterling asked me to assist him with his candidacy for CRW. He stated that ifelected, he would be "doing what Pat wants." Commissioner Sterling alsorequested information about what I knew in regards to the complaints andactivities ofCRW against Commissioner Holloway. I declined to assistCommissioner Sterling with his request for election support and he appeareddisappointed.

Complainant: Vance VoylesRespondent: Clackamas River Water DistrictMarch 1,2012Page 4

13. On May 17, 2011, former Commissioner Warren Mitchell sent a letter to theCRW Board of Commissioners and an Oregonian reporter falsely stating that Ihad released sensitive medical information about a co-worker.

14. On May 23; 2011, former Commissioner Warren Mitchell Jr. attempted to readthe assertion about me into the record at the CRW Regular Board Meeting,seeking that disciplinary action be taken against me. CRW Board President,Commissioner Kami Kehoe, did not allow former Commissioner Mitchell to readthe letter, but former Commissioner Mitchell distributed the May 17, 2011 letterto be included in the public record.

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15. 9n or around early June 2011, CRW Commissioner Elect Grafton Sterling tried tocontact me again. Commissioner Sterling spoke with my wife, Peggy Voyles. His$tement made my wife feel uncomfortable. Commissioner Sterling was raisingW.S voice and his demeanor was aggressive. Commissioner Sterling was defensiveof Commissioner Holloway in the discussion regarding Holloway's behavior andactivities. I arrived as Mr. Sterling was berating my wife and finished speaking

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with Commissioner Sterling.,

16. qn or around early June 2011, Commissioner Sterling called me and said that hecould have used my help on his campaign and that he was going to be coming intoqRW to find out what I do in my employment. After this exchange, I approachedt~e CRW General Manager, Lee Moore, and reported Commissioner Sterling'sthreats.

17. On or around mid-June 2011, Commissioner Elect Sterling again spoke withPeggy Voyles. He said, "I'm going to do everything I can to help Vance keep hisjob," in a way that implied that he was going to do the opposite.

18. On June 20, 2011, Commissioner Pat Hollowaysent an e-mailto Gary Schelske, aClackamas River Water employee and Union Shop Steward, and the CRW Boardrequesting that I be disciplined.

19. On July 5, 2011, at the request of Clackamas River Water Board's attorneys,Paula Barran and Amy Angel, I submitted an affidavit in support of the CRWaction for an injunction filed against Commissioner Holloway and formerCommissioner Warren Mitchell. The affidavit included reference to the recordsthat I had received from Commissioner Patricia Holloway and turned into Mr.Moore. A copy of my affidavit was provided to Commissioner Holloway'sattorney as specified in the certificate of service.

Complainant: Vance VoylesRespondent: Clackamas River Water DistrictMarch 1,2012Page 5

20. Commissioner Holloway's spouse, David Blair, posted additional commentsonline following editorial pieces appearing in the Clackamas Review and OregonLive stating I had engaged in criminal behavior and that I "was toast." I believethat these comments were posted with the knowledge of Commissioner Holloway.

21. To my best knowledge, the Court dismissed the injunction filed by CRW,granting Commissioner Holloway a SLAP Order that also prohibitedCommissioner Holloway from using or releasing information that she had in herpossession.

22. On September 8, 2011, Commissioner Holloway, during the CRW Regular Boardmeeting, requested that my job responsibilities of Conservation Coordinator be"outsourced." This was in retaliation for my whistle blowing. The meeting wasopen to the public.

23. On November 22,2011, CRW Commissioner Holloway in an e-mail to the CRWBoard President, SDAO Representatives, Oregonian and Clackamas ReviewReporters, CRW General Manager, CRW Board Members and CRW GeneralCounsel, threatened to orchestrate with her associates, a public discussion ofaccused wrongdoings of me.

24. On February 8, 2012, Commissioner Holloway and Commissioner GraftonSterling made false statements in a public board meeting about me. CommissionerHolloway falsely said that I had released sensitive employee information. In thesame meeting, Commissioner Sterling falsely asserted that I had inappropriatelydispensed CRW information, stating that in the spring of2011, I gave him paperrecords.

25. On February 15,2012, my attorney, Daniel Snyder, served Respondent withNotice of Tort Claim by sending the notice of tort claim toDean Phillips, GeneralCounsel for Respondent.

The above factual statements are only intended to start the investigative process inthis matter and are not meant to recite all the facts and events that transpired in this case.Accordingly, enough facts have been given to invoke this agency's jurisdiction and toprovide a general summary of the events for further investigation. Any inaccuracies ormisstatements are unintentional and will be corrected at a later date once formaldiscovery has been conducted. Complainant reserves the right to amend this Complaintand to make more complete and accurate factual contentions at a later time, especiallyduring litigation and trial of this matter, if additional or contradictory information isdiscovered.

IIII

Complainant: Vance VoylesRespondent: Clackamas River Water DistrictMarch 1,2012Page 6

I hereby af:finn that I have read the above 5 page complaint and that it is true tothe best of my knowledge, information and belief.

$(DATED this Lday of March, 2012.

Vance Voyles, Co

. £"SUBSCRIBED AND SWORN TO before me this I day of March, 2012 .

.~~:SSSS=~Sli!~OFAC~~IAL~SEAL~SSSS:!~Notary Public of Oregon •

STEVEN 0 GABRIEL My Commission expires: .5/30 !26./ >"NOTARYPU~EGONCOMMISSION NO. 458810

MY COMMISSION EXPIRESMAY 30,2015