IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF KLAMATH. No.

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1 8/31/2015 1:51:57 PM 15CV IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF KLAMATH KLAMATH COUNTY SHERIFF, vs. Plaintiff, KLAMATH COUNTY BOARD OF COMMISSIONERS, and KLAMATH COUNTY PEACE OFFICERS ASSOCIATION, Defendants. No. COMPLAINT (Declaratory Action; Strike of a Public Officer; Conspiracy to Effect a Strike of a Public Officer; Temporary Restraining Order/Preliminary Injunction) (NOT SUBJECT TO MANDATORY ARBITRATION) Plaintiff Klamath County Sheriff, for his Complaint against defendants Klamath County Board of Commissioners ( Board of Commissioners ) and the Klamath County Peace Officers Association ( KCPOA ) hereby alleges as follows: JURISDICTION 1. This Court has jurisdiction under Article VII (Original), section 9, of the Oregon Constitution. FACTS 2. The elected Klamath County Sheriff is the chief executive officer and conservator of the peace of the county. ORS It is the sheriff s duty to [d]efend the county against those who, by riot or otherwise, endanger the public peace or safety. ORS (2). To execute his duty, a sheriff can appoint deputies whose employment... continue[s] during the pleasure of the sheriff. ORS Page 1 - COMPLAINT SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law Pacwest Center 1211 SW 5th Ave., Suite 1900 Portland, OR Telephone: PDX\111986\137957\ATG\

2 As a result of his authority to employ and discharge deputies at his pleasure and his responsibility for the actions of those deputies, the Sheriff is a public employer or a representative of a public employer entitled to seek relief under the public Employees Collective Bargaining Act. 4. The Board of Commissioners is the governing body of Klamath County vested with the authority over all matters of county concern subject to the laws of this state including the laws that vest authority in the sheriff. ORS Defendant Klamath County Peace Officers Association is the exclusive bargaining agent for all regular full-time and regular part-time employees of the Klamath County Sheriff s Office. 6. The Collective Bargaining Agreement between the Klamath County Board of Commissioners for Klamath County, the Klamath County Sheriff, and the Klamath County Peace Officers Association ( CBA ), which governs the employment of patrol and correction deputies, expressly recognizes the Klamath County Sheriff s exclusive authority to manage the Sheriff s Office, subject only to the fiscal constraints which may be placed on him by the Board of Commissioners: /// /// Section 2.3 Responsibilities Conferred by Law. The Association recognizes the Sheriff s and the Commissioners constitutional and statutory responsibilities provided for under Oregon law. This Agreement does not diminish the Sheriff s responsibilities to act to meet the law enforcement needs of the County on a dayto-day basis. The parties recognize that the responsibilities of the Sheriff for the management of the Sheriff s Office are functions to be exercised exclusively by the Sheriff within the fiscal constraints imposed by the Board., Section 2.3, pp Page 2 - COMPLAINT SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law Pacwest Center 1211 SW 5th Ave., Suite 1900 Portland, OR Telephone: PDX\111986\137957\ATG\

3 And Article 16 of the CBA recognizes that... it is the Sheriff s right and obligation to ensure that each shift is manned to the optimum efficiency. Neither the CBA, nor any other written policy, requires or allows the Board of Commissioners to place patrol deputies on indefinite paid leaves of absence without the consent of the Sheriff. 8. The KCPOA expressly recognizes... the detriment and disservice caused the citizens for which they serve by striking... and agrees that no members will engage in, initiate, sponsor or direct a strike, secondary boycott, picket, blue flu, work slow down, work stoppage, or work speedup... CBA, p. 4, Section 4.1. Rather, the CBA provides a grievance procedure for deputies to use to resolve their concerns. CBA, p. 25, Article On or about August 20, 2015, a number of deputies from the Klamath County Sheriff s Office requested to be placed on indefinite, non-disciplinary paid leave. Over the next few days, the Klamath County Board of Commissioners placed seven patrol deputies on indefinite paid leave. While on leave, the deputies have not fully or faithfully performed the duties of their positions. 10. Each of the deputies that requested leave was a member of the KCPOA. The deputies decisions to request leave were made in concert; the individual deputies requested leave at the urging and suggestion of the KCPOA. The KCPOA affirmatively approached the county in order to seek leave on behalf of its members. 11. The KCPOA has contacted other deputies from the Klamath County Sheriff s Office and encouraged them to request to be put on non-disciplinary, paid leave but they have declined. /// Page 3 - COMPLAINT SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law Pacwest Center 1211 SW 5th Ave., Suite 1900 Portland, OR Telephone: PDX\111986\137957\ATG\

4 The Board of Commissioners stated that the deputies requested leave because they feared retaliation or harassment. The Board of Commissioners stated that it granted the leave, not because it found any merit to the complaints, but to protect the county from liability. 13. The Board of Commissioners has not at any time consulted with the Klamath County Sheriff to determine how placing seven patrol deputies on indefinite paid administrative leave would affect public safety. The first the Klamath County Sheriff knew that the Board of Commissioners granted paid leave was by way of a series of letters and s from the County Counsel and County Human Resources stating that leave had already been granted. 14. Upon information and belief, the purpose of KCPOA s concerted request for leave, and the purpose of the Klamath County Board of Commissioners grant of indefinite paid leave, was to influence or otherwise coerce the removal of the Klamath County Sheriff from his elected office. As a result of the deputies concerted action, the Klamath County Board of Commissioners has formally requested that the Sheriff go on voluntary administrative leave. 15. The Board of Commissioners has not notified the Klamath County Sheriff when the deputies paid leave will end. As of this date, it has continued for ten days. 16. The patrol division of the Klamath County Sheriff s Office, which provides initial law enforcement response to all crimes within Klamath County is normally staffed with only 16 patrol deputies. The patrol division operates two shifts daily, each shift staffed with 3-4 deputies. This leaves no patrol for 3-4 hours each day. Each shift is responsible for policing an area over 6,000 square miles, which is larger than the State of Connecticut, and comprising approximately 65,000 residents. Page 4 - COMPLAINT SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law Pacwest Center 1211 SW 5th Ave., Suite 1900 Portland, OR Telephone: PDX\111986\137957\ATG\

5 As a result of the deputies concerted requests for leave, the patrol division of the Klamath County Sheriff s Office is dangerously understaffed. Although the Klamath County Sheriff has been able to maintain pre-leave patrol levels, he has done so by requiring the remaining patrol division deputies to work substantial overtime. With standard shifts requiring 3 to 4 patrol deputies, and with 7 of the original 16 patrol deputies on leave, the remaining 9 deputies are tasked with working extended shifts, seven days per week. Those staffing levels are not sustainable. 18. Working excessive overtime and/or frequent rotating shifts on a sustained basis has a cumulative effect on the deputies fatigue. Fatigue can result in impaired decision making placing the public, and the officers themselves, at risk. 19. The remaining 9 patrol deputies in the Klamath County Sheriff s Office have valiantly worked increased overtime and additional shifts. They have been capable of doing so on a temporary basis. However, the increased workload has now continued for 10 days with no indication that it will end soon. For the safety of the deputies and the public, the workload must be decreased immediately. 20. Requesting that other public safety offices around Oregon contribute seven deputies to replace those on indefinite paid administrative leave is unprecedented and not feasible. While one other law enforcement agency has generously offered assistance, the only assistance it can offer is to provide backup to patrol deputies if their officers hear a call and if they are available and within range. It cannot, and has not, offered routine patrol. And while an interagency agreement exists, it does not contemplate borrowing deputies from other agencies to cover regularly scheduled shifts for an indefinite period of time. Other agencies do not have the Page 5 - COMPLAINT SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law Pacwest Center 1211 SW 5th Ave., Suite 1900 Portland, OR Telephone: PDX\111986\137957\ATG\

6 budgets or the personnel to cover routine patrol of another agency for an unspecified period of time. 21. Furthermore, the Klamath County Sheriff s tactical team has been significantly impacted. The tactical team is similar to a SWAT team in that it responds to highly complex incidences that require a trained and coordinated response. Two of the eight members of the tactical team are on leave, a reduction of 25%. At the current levels, the Klamath County Sheriff may be unprepared for a tactical event. 22. The Sheriff cannot safely reduce the number of deputies on a given shift in order to accommodate the current staffing level within the patrol division. First, a minimum of three deputies are scheduled per shift to provide adequate backup for each other in such a large geographic area. Second, reducing the number of deputies scheduled per shift results in increased response time and, ultimately, significant danger to the public. FIRST CLAIM FOR RELIEF (Declaratory Judgment ORS et. seq.) 23. Plaintiff incorporates by reference herein paragraphs 1 through 22 above. 24. Under statute, case law, and the CBA, the Klamath County Sheriff has the exclusive authority, and in fact a duty, to manage patrol deputies, including scheduling their patrols. 25. The Board of Commissioners usurped that authority when it granted indefinite paid administrative leave to seven patrol deputies of the Klamath County Sheriff s Office. /// /// Page 6 - COMPLAINT SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law Pacwest Center 1211 SW 5th Ave., Suite 1900 Portland, OR Telephone: PDX\111986\137957\ATG\

7 All persons, or a representative authorized to act of their behalf, who have an interest which would be affected by a declaration are parties in this case. 27. The immediate return of the deputies to duty is required to enforce the statutory and contract rights imparted to the Klamath County Sheriff to manage the Klamath County Sheriff s Office for the purpose of protecting the public. 28. Failing to declare and enforce the Klamath County Sheriff s statutory and contractual rights prevents the Klamath County Sheriff from fulfilling his statutory duty to protect the public peace and safety. 29. The Klamath County Sheriff has no other adequate remedy in the ordinary course of the law to ensure the public peace and safety of Klamath County and to fulfill his statutory obligations as an elected public official. SECOND CLAIM FOR RELIEF (Strike of Public Officers) 30. Plaintiff incorporates by reference herein paragraphs 1 through 22 above. 31. The KCPOA and its members have engaged in concerted action resulting in a significant number of Klamath County Sheriff s deputies being absent from the full and faithful performance of their duties of employment. /// /// /// Page 7 - COMPLAINT SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law Pacwest Center 1211 SW 5th Ave., Suite 1900 Portland, OR Telephone: PDX\111986\137957\ATG\

8 The purpose of the deputies concerted requests for leave and the purpose of the Klamath County Board of Commissioners grant of the leave was to influence or otherwise coerce the removal of the Klamath County Sheriff from his elected office. 33. The actions of the KCPOA and its members constitute an unlawful strike under the Oregon Public Employee Collective Bargaining Act. 34. As a result of their unlawful strike, the Klamath County Sheriff s department is unable to adequately staff its patrol division, which provides initial law-enforcement to all crimes within Klamath County. 35. The inadequate staffing of the patrol division presents a clear and present danger or threat to the health, safety, and welfare of the people of Klamath County, and the immediate return of those officers to duty is required to ensure the public safety of Klamath County. THIRD CLAIM FOR RELIEF (Conspiracy to Effect the Strike of a Public Officer) 36. Plaintiff incorporates by reference herein paragraphs 1 through 35 above. 37. The Klamath County Board of Commissioners has conspired with the KCPOA and its members in their unlawful strike by granting unlimited paid administrative leave to seven patrol deputies of the Klamath County Sheriff s Office. /// /// /// Page 8 - COMPLAINT SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law Pacwest Center 1211 SW 5th Ave., Suite 1900 Portland, OR Telephone: PDX\111986\137957\ATG\

9 The object to be accomplished by the Board of Commissioners and KCPOA is to remove the Klamath County Sheriff from office, either permanently or temporarily, and they have both publicly called for the Sheriff to go on leave. 39. To achieve this result, the KCPOA requested leave on behalf of seven of its members, and the Board of Commissioners granted the leave without any substantiation, investigation, or consultation as to whether placing seven patrol deputies on leave would harm the public safety. 40. As a result of that unlawful strike, the Klamath County Sheriff has been stripped of his rights to manage the patrol division, and as a result, the patrol division of the Klamath County Sheriff s Office is dangerously understaffed, which presents a clear and present danger or threat to the health, safety, and welfare of the people of Klamath County. 41. The immediate revocation of that paid leave and the return of those deputies to duty is required to ensure the public safety of Klamath County. FOURTH CLAIM FOR RELIEF (Breach of Contract) 42. The parties entered into an enforceable CBA based upon good and valuable consideration. 43. The CBA grants the Klamath County Sheriff with the exclusive authority to manage the Sheriff s Office and prohibits the KCPOA from engaging in any type of strike, work stoppage, or blue flu. /// Page 9 - COMPLAINT SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law Pacwest Center 1211 SW 5th Ave., Suite 1900 Portland, OR Telephone: PDX\111986\137957\ATG\

10 The Board of Commissioners has breached the CBA by usurping the Klamath County Sheriff s authority to manage Sheriff s Office. 45. The KCPOA breached the CBA by engaging in a strike. 46. Because of the Board of Commissioners and the KCPOA s breach, the Klamath County Sheriff is unable to fulfill his statutory obligation to protect the peace and safety of Klamath County. WHEREFORE, Plaintiff prays the Court for: 1. A Temporary Restraining Order, and thereafter a Preliminary Injunction, as follows: a. The Board of Commissioners is enjoined from granting any leaves of absence to employees under the management of the Klamath County Sheriff without the consent of the Klamath County Sheriff; b. The Board of Commissioners is ordered to revoke the paid leaves of absence it has granted to the seven Sheriff Patrol Deputies unless and until the Klamath County Sheriff consents to their leaves of absence; c. KCPOA and its members are to immediately cease their unlawful strike and return to duty; 2. An order requiring that the labor disputes underlying the unlawful strike be submitted to final and binding arbitration pursuant to the grievance procedure in the Collective Bargaining Agreement within 10 days. 3. An order that the Board of Commissioners and the KCPOA sit down in person and discuss a resolution with the Klamath County Sheriff and enjoin any party from further discussions with each other through media outlets. /// Page 10 - COMPLAINT PDX\111986\137957\ATG\ SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law Pacwest Center 1211 SW 5th Ave., Suite 1900 Portland, OR Telephone:

11 An order that the county pay all reasonable attorneys fees, costs, and disbursements related to this claim. 5. Other appropriate equitable relief required to ensure that the Klamath County Sheriff retains the authority to fulfil his duty to ensure the peace and safety of the county and to ensure neither the Board of Commissioners nor the KCPOA pose any danger or threat to the health, safety, or welfare of the residents of Klamath County; Dated this 31st day of August, SCHWABE, WILLIAMSON & WYATT, P.C Page 11 - COMPLAINT PDX\111986\137957\ATG\ By: s/ Amanda T. Gamblin Melvin D. Ferguson, OSB # melvindferguson@cot.net Amanda T. Gamblin, OSB # agamblin@schwabe.com Of Attorneys for Plaintiff, Klamath County Sheriff SCHWABE, WILLIAMSON & WYATT, P.C. Attorneys at Law Pacwest Center 1211 SW 5th Ave., Suite 1900 Portland, OR Telephone:

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