(V D. Rohn Hostetter D. Zachary Hostetter Benjamin Boyd partner Partner Associate . Also admitted in Washington Also admitted in Wyoming March 31, 2016 RECEIVED SENT VIA CERTIFIED MAIL RETURN RECEIPT APR 4 2015 Mr. Steve Schuette, City Council President City Council for the City of John Day OF JOHN DAY The City of John Day 450 East Main St John Day, OR 97845 SENT VIA CERTIFIED MAIL RETURN RECEIPT Mr. Jeremy Green City Attorney for the City of John Day Bryant, Lovlien Jarvis, PC 591 SW Mill View Way Bend, OR 97702 Re: Tort Claim Notice - Sheriff Glenn Palmer Our File No. 1458?02 To Mr. Green, Mr. Schuette, and the members of the City Council: Our ?rm represents Sheriff Glenn E. Palmer. I have enclosed Sheriff Palmer?s tort claim notice concerning the City of John Day and its employees pursuant to requirement in ORS to provide formal notice to any member of the governing body of the local public body or the local public body?s attorney/ general counsel. Any correspondence concerning this tort claim notice may be directed to our ?rm. Sinc yours, Benjamin Boyd BDB/tjp Enclosure: Tort Claim Notice cc: Client (w/enc.) PO Box 400, 203 E.Moin St, Suite 2, Enterprise, OR 97828 ?ice Manager Donna McCodden Stephen Tollefson LegalAssistants hostetterlawgroup.com NOTICE OF TORT CLAIM Pursuant to ORS 30.275, Glenn E. Palmer, by and through his undersigned attorney, give formal notice that: (1) Glenn E. Palmer is currently the elected sheriff of Grant County, Oregon and on or about December 15, 2015, ?led his petition for reelection with the Grant County Clerk?s Of?ce. (2) Glenn E. Palmer (hereinafter ?Palmer?) will assert claims for damages against the City of John Day, Oregon and its employees, including, but not limited to: Richard Gray, Chief of Police; Valerie Luttrell, Emergency Communications Center Dispatch Manager; Peggy Gray, City Manager; Shiela Kowing, Dispatcher; Camillia Haney, Dispatcher; Don Speakman, Dispatcher; Kathie Maben, Dispatcher; Angia Hannibal, Dispatcher; and unknown John Does and unknown Jane Does, who, on information and belief, are employees of the City of John Day. (3) So far as known to the claimant, the time, place, and circumstances giving rise to his claims for damages against the City of John Day and its employees are as follows: (A) On the night of January 26, 2016, some time after OSP troopers and FBI agents shot Lavoy Finicum at a roadblock on Highway 395 in Harney County, dispatchers and/or other individuals at the City of John Day?s dispatch center learned that Palmer was riding with a passenger to the OSP roadblock on Highway 395 near Seneca. The rider was Grant County?s District Attorney Jim Carpenter, who had asked Palmer if he could ride along. Unnamed dispatchers falsely determined ?his rider to be one of the militia members,? and ?were so concerned that we sent a message to OSP troops notifying them that he was enroute to their location with what we thought might be a militia member.? According to information and belief, the City of John Day?s dispatchers also called Harney County Sheriffs Of?ce Command Post, Harney County 911 Dispatch, and the City of Hines Police Department and informed these agencies that Palmer was on his way to Harney County with militia. (B) While Palmer and District Attorney Carpenter were enroute to Seneca, Palmer asked an unidenti?ed City of John Day dispatcher for an update on the situation. The dispatcher knowingly and/or recklessly failed to provide Palmer with the information the City of John Day?s dispatchers had relayed minutes earlier to OSP, Harney County Sheriff? 3 Of?ce Command Post, Harney County 91 1 Dispatch, and Hines Police Department, thus allowing Palmer and District Attorney Carpenter to proceed to the OSP roadblock with OSP tr00pers under the false impression that a militia member was riding with Palmer. The actions of the City of John Day?s dispatchers knowingly and recklessly put Palmer and District Attorney Carpenter?s lives in danger. (C) The City of John Day and Grant County are parties to an Agreement for Grant County Sheriffs Of?ce Dispatch, executed on or about July 1, 2015. That contract provides, among other things, that ?John Day shall provide Grant with twenty-four (24) hour emergency dispatch services,? which ?will include ?[a]nswer radio calls for service and provide appropriate information to authorized personnel.? The actions taken by Ms. Luttrell and the City of John Day?s Emergency Communications Center dispatchers on the night of anuary 26, 2016 breached the contract between Page 1 - NOTICE OF TORT CLAIM c/Notice.Tort.Claim.Palmer the City of John Day and Grant County by recklessly, negligently, and/or intentionally providing inappropriate and false information concerning Palmer and District Attorney Carpenter to OSP, Harney County Sheriff?s Of?ce Command Post, Harney County 91 1 Dispatch, and the City of Hines Police Department. Ms. Luttrell and the City of John Day? 5 dispatchers further breached the contract by recklessly, negligently, and intentionally failing to answer Palmer? 3 request to provide appropriate information to authorized personnel. (D) On January 29, 2016, Valerie Luttrell, who was acting in concert and agreement with Mr. Gray and others, ?led a complaint against Palmer with the Department of Public Safety Standards and Training and falsely reported that Palmer ?openly shows his support? for ?the Militia occupying the Malheur refuge in Harney County? and openly shows his support for ?their cause on social media.? Ms. Luttrell falsely charged Palmer with an ethical transgression due to a blatant disregard for the potential consequences of pushing his ?personal agenda? over the welfare and safety of the general public he is sworn to protect. Mr. Luttrell falsely reported that Palmer was/is ?consorting with? militia members. Ms. Luttrell also falsely reported that Palmer encouraged militia members to travel to Grant County, that Palmer?s actions led to the death of one militia member, and that if Palmer had not been ?meddling? with Harney County, there would have been a ?more positive and peaceful outcome.? (E) On February 5, 2016, Richard Gray, who was acting in concert and agreement with Ms. Luttrell and others, ?led a complaint against Palmer with the and falsely reported that Palmer was closely involved with the militia occupation of Malheur Wildlife Refuge; that Palmer?s actions and social media posts show ?involvement and support? for the militia; and that Palmer is ?part of this group of lawbreakers.? Mr. Gray?s complaint also falsely charges Palmer with tampering with public records. (P) On information and belief, Mr. Gray and Ms. Luttrell consulted with Ms. Peggy Gray, City Manager for the City of ohn Day, before they negligently, knowingly, and/or intentionally ?led their false reports against Palmer with the On information and belief, Ms. Peggy Gray reviewed and approved Mr. Gray? 5 and Ms. Luttrell?s plans to ?le complaints against Palmer in their of?cial capacities. Mr. Gray and Ms. Luttrell prepared their complaints on official City of John day letterhead and submitted their complaints to using their of?cial email accounts maintained by the City of John Day and/or Grant County. Mr. Gray and Ms. Luttrell also submitted copies of their complaints to Ms. Peggy Gray. The City of John Day and Ms. Peggy Gray are responsible for the negligent acts of the City of John Day?s employees, which acts were committed while these City of John Day employees were acting within the scope of their employment. (4) Glenn E. Palmer will assert claims for damages against the City of John Day, the above-named individuals, and unnamed John Does and Jane Does for damages he has suffered as a result of their acts and omissions. Page 2 NOTICE OF TORT CLAIM c/Notice.Tort.Claim.Palmer (5) All correspondence regarding this claim may be directed to the address provided below. it? Dated this 3 day of March, 2016. Page 3 - NOTICE OF TORT CLAIM c/Notice.Tort.C1aim.Palmer 6M Benj?'r?in Boyd, OSB Attorney for Glenn E. Palmer Hostetter Law Group, LLP 203 East Main Street, Suite 2 Enterprise, Oregon 97828 541-426?4584