Salem City Council President Linda Nishioka and Councilor Vanessa Nordyke have agreed to accept a letter of education from the Oregon Government Ethics Commission, conceding their participation in an illegal serial meeting in February. 

The ethics commission found that Nishioka, Nordyke, Salem Mayor Julie Hoy and Councilors Deanna Gwyn, Paul Tigan and Micki Varney “deliberately coordinated and orchestrated” an illegal serial meeting earlier this year to avoid publicly deciding on the employment of Keith Stahley, the former city manager. 

The commission will consider executing the settlements and issuing the letters on Friday, Dec. 12. Such actions, usually routine, would close the ethics matter for Nishioka and Nordyke.

The stipulated agreements state that Nishioka and Nordyke both violated state ethics laws governing public meetings by convening a meeting outside public view, meeting without notice to the public or the press and meeting without keeping a record.

State law provides a fine of up to $1,000 for each violation but the commission typically elects to issue a letter of education. The letter creates a record the commission can point to in the event that a similar incident should occur in the future. 

The ethics investigation was based on text messages, emails, and personal statements from the eight members of the city council. Councilors Shane Matthews and Irvin Brown were not implicated in the investigation. Mai Vang took office in June, after the meeting violations occurred.

The commission recently notified Mayor Julie Hoy and the councilors that they had 21 days to either agree to a settlement or declare their intent to fight the commission findings.

Nishioka and Nordyke are the only city officials to respond in time to be included on the agenda for the Friday commission meeting.

Hoy and her campaign manager Betsy Schultz didn’t respond Monday to a request for comment. Hoy’s attorney, Jill Gibson, acknowledged the questions but provided no responses or update on Hoy’s intention.

Hoy is seeking reelection and Nordyke has filed to challenge her.

Gwyn, Tigan, and Varney didn’t respond to emails requesting comment on their status with the commission. 

Susan Myers, ethics commission executive director, said the mayor and councilors are approaching a deadline to either agree to the settlement or indicate their intention to contest the matter. 

“The two that are on the agenda agreed to the stipulated final order. The order would direct that the sanction be a letter of education,” Myers said. “Assuming that the commission approves them, that will end their cases. The others could still negotiate and enter stipulated orders or they could still request a contested case hearing.” 

If the mayor or any of the councilors contest the ethics commission’s preliminary judgment, the matter advances through a separate process which involves going before an administrative law judge, Myers said. 

Nordyke told Salem Reporter that she could confirm agreeing to the letter of education. The agreement showed she signed off on the deal on Nov. 24. She said she wouldn’t comment further because of the ethics commission’s pending action.

Nishioka told Salem Reporter that she provided her signature on the letter of education quickly in order to get her case before the commission prior to the new year. She signed her agreement on Dec. 1.

She wanted to accept the consequences of her actions and move on, she said. 

Nishioka said she knows now that by simply taking Hoy’s call, she violated the law. 

“The reality is, I should have hung up, right then and there…I will claim ownership of it because I didn’t hang up,” Nishioka said. “I continued to listen…I recognize now that that was a violation of serial meeting law.”

She said in a statement that public trust is essential to the council’s work and that she accepts and appreciates the commission’s investigation.

“Since this concern was raised earlier this year, I have been especially cautious and mindful about serial meetings,” Nishioka said. “This experience has shown me that even when you believe you’re following the law, you can unintentionally be drawn into a violation, so I have been extra careful in how I communicate with colleagues.” 

Contact reporter Joe Siess: [email protected] or 503-335-7790.

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