Oregon DOJ to look into Bend OLCC controversy
The investigation is at the liquor commission’s request, and the manager at the center of much of the controversy has been temporarily reassigned to Medford
Published: August 04. 2009 4:00AM PST
The Oregon Department of Justice will investigate complaints that Bend-based state liquor control investigators have used unfair and excessive enforcement tactics in the region.
In addition, the Oregon Liquor Control Commission announced Monday the temporary reassignment of the regional manager at the center of those complaints while it continues an internal investigation into the issue.
OLCC Executive Director Steve Pharo said the agency requested an investigation by the state Department of Justice after meeting last week with Gov. Ted Kulongoski’s staff. The meeting was prompted by a letter from local elected officials saying Central Oregon bar and restaurant owners are “outraged” at the agency and “have reached the breaking point.”
The investigations — and reassignment of Regional Manager Jason Evers to the agency’s Medford office — are part of an ongoing OLCC inquiry into complaints that local agents enforce regulations more stringently in Central Oregon than other parts of the state and retaliate against licensees who complain.
“We think that by temporarily reassigning him, we will have a greater opportunity to get to the facts faster,” said OLCC spokeswoman Christie Scott.
“And we think having a credible third party, which is the Department of Justice, gathering this information independently will eliminate fear of retribution as a viable excuse for not cooperating with the investigation,” she said.
Evers did not return a telephone call Monday seeking comment.
Scott said the agency has struggled to get specific examples of problems that need to be addressed. Instead, the elected officials have told the OLCC that licensees are hesitant to speak out, fearing they will become targets for local OLCC investigators.
In recent months, Bend’s city councilors have banded together with Deschutes County commissioners to approach the agency on behalf of their constituents. They all signed a letter that was sent to Kulongoski after hearing stories of inconsistent application of OLCC rules in Central Oregon and complaints about Evers, including concerns about his credibility.
Both an administrative law judge and an independent investigator hired by the OLCC have questioned Evers’ truthfulness in at least two investigations in past years.
“One of the concerns was there was a deep-rooted lack of confidence and mistrust in the OLCC and that was a concern for the governor,” said Kulongoski spokeswoman Anna Richter Taylor. “I think it was pretty clear that the governor wanted to see those conflicts resolved. And the OLCC was on the same page. At our meeting it was very clear they wanted to work with the community.”
Pharo said Monday the decision to reassign Evers was not related to the meeting with the governor’s staff.
Local officials said the investigation and Evers’ transfer were welcome news.
“I think the transfer resolves one of our issues, which was an evaluation of our regional OLCC leadership and a commitment to change,” said Bend City Councilor Jodie Barram. “I think the transfer of Mr. Evers will be perceived as an effective step forward toward positive change.”
Deschutes County Commissioner Tammy Baney said the contingent of local public officials also wants to ensure consistent application of OLCC rules in the region and an “affordable and accessible” appeals process for licensees wishing to challenge OLCC enforcement actions.
Bend tavern owner Corey Weathers said Evers’ transfer was putting a “Band-Aid (on) a problem that needs stitches.”
Weathers spent $13,000 fighting a ticket Evers issued to his bar, Corey’s Bar and Grill, charging a bartender with serving a visibly intoxicated person in 2004.
An administrative law judge and the then-director of the OLCC found Evers’ report was inconsistent with surveillance video taken at the bar the night of the incident. An independent investigator subsequently hired by the OLCC to look into Evers’ actions found that the videotape contradicted both Evers’ reports and his testimony.
“To allow Jason Evers to continue to have a job puts a ‘darker cloud’ over the OLCC and its directors,” Weathers said Monday.
But OLCC spokeswoman Scott said Evers has done nothing wrong and that his re-assignment should encourage local licensees to speak openly to the agency without any perceived fear of retaliation.
“Currently there is no evidence showing that Jason has violated any statute, rule or procedure. Not now, not ever,” Scott said. “I mean, even when he had the case that went bad, he didn’t violate any rules or procedures and his record is in good standing.”
During Evers’ reassignment, Inspector Katy Boyce will take over as interim regional manager, Scott said. Boyce has been with the agency seven years, working as a license investigator, an inspector and, most recently, the Bend regional office’s lead license investigator.
Cindy Powers can be reached at 541-617-7812 or at cpowers@bendbulletin.com.
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