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City seeks to cut ties with chief.


Byline: Karen McCowan The Register-Guard

OAKLAND - The City Council has authorized its insurance carrier, City County Insurance Services, to negotiate a severance agreement Noun 1. severance agreement - an agreement on the terms on which an employee will leave
agreement, understanding - the statement (oral or written) of an exchange of promises; "they had an agreement that they would not interfere in each other's business"; "there was
 with Police Chief Norm Counts.

The vote was 4-0, after an executive session late Friday to discuss Counts' unresolved contract. His future with the city has hung in limbo since the former council deadlocked over his one-year performance review late last year. But he still was working as police chief this week.

City Council President Andrea Botwinick on Monday could not provide an estimate of how long an agreement might take. She said the council has no special meetings planned between now and its next regular meeting on March 6.

Counts on Monday declined comment on the council's decision to begin severance negotiations, saying he first wants to consult with his attorney, Paul Meadowbrook.

Earlier this month, Meadowbrook notified Oakland officials of Counts' plans to file a $200,000 lawsuit against the city and some councilors over their handling of his employment. In his tort claims notice, Counts complained of what he called an illegal pay cut and the refusal of elected city officials to provide the state with employment documents needed for his certification as a police officer.

Mayor Nanci Staples has recused herself from involvement in the matter, after Counts' brother filed a complaint late last year involving the Douglas County Douglas County is the name of twelve counties in the United States:
  • Douglas County, Colorado (Located in the Denver-Aurora Metropolitan Area)
  • Douglas County, Georgia (Located in the Atlanta Metropolitan Area)
  • Douglas County, Illinois
  • Douglas County, Kansas
 Veterans Services Office, where Staples is employed as an administrative assistant. A county investigation last month failed to substantiate Dale Counts' complaint.

Oakland last fall paid a $50,000 settlement to Counts' predecessor, Dale Shaw, after he filed a wrongful discharge An at-will employee's Cause of Action against his former employer, alleging that his discharge was in violation of state or federal antidiscrimination statutes, public policy, an implied contract, or an implied Covenant of Good Faith and fair dealing.  lawsuit over his 2005 dismissal. His supporters used the circumstances of his ouster ouster n. 1) the wrongful dispossession (putting out) of a rightful owner or tenant of real property, forcing the party pushed out of the premises to bring a lawsuit to regain possession.  to organize a successful recall campaign against three council members who voted to fire him.

Counts previously held the position of Oakland police chief in 1995 but resigned in 1997, citing political pressure and budget policies.

Soon after his rehire Re`hire´   

v. t. 1. To hire again.
 in Oakland, the Oregon Department of Public Safety Standards Safety standards are standards designed to ensure the safety of products, activities or processes, etc. They may be advisory or compulsory and are normally laid down by an advisory or regulatory body that may be either voluntary or statutory.  and Training began proceedings to permanently revoke his certification as a police officer after the Warm Springs Tribal Police Department reported firing him "for cause" in the summer of 2005. The state agency withdrew its complaint in December after Meadowbrook disputed tribal claims that Counts had been fired for insubordination in·sub·or·di·nate  
adj.
Not submissive to authority: has a history of insubordinate behavior.



in
 after repeatedly ignoring orders to "get in shape" and attend academy training.

The lawyer in October submitted evidence that Counts had resigned from Warm Springs because of political infighting in·fight·ing  
n.
1. Contentious rivalry or disagreement among members of a group or organization: infighting on the President's staff.

2. Fighting or boxing at close range.
 during the removal of a police chief there.

In a Dec. 13 withdrawal notice, the state agency's deputy director, Eriks Bagliks, said the agency still believed Counts had refused timely compliance with legitimate orders, but could not disprove disprove,
v to refute or to prove false by affirmative evidence to the contrary.
 his claim that he had resigned.
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Title Annotation:Government; Oakland councilors tell their insurance company to negotiate a severance pact with Norm Counts
Publication:The Register-Guard (Eugene, OR)
Date:Feb 20, 2007
Words:452
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