Troutdale should not pay Councilor Rich Allen's legal fees, part 2

My testimony before the Troutdale City council, January 24, 2017

I am requesting that the Troutdale city council and the city of Troutdale deny any legal coverage to city councilor Rich Allen in defense of the civil suit filed against Mr. Allen.

The city’s proposed legal “general defense policy” states:

“The general defense policy does not provide automatic coverage or blanket protection for any actions by an elected official, as defense may not be provided for claims outside the course and scope of their duties, or for an act or omission complained of which amounts to malfeasance in office or willful or wanton neglect of duty”.

Lying is not within the course and scope of Mr. Allen’s duties as a city councilor.

Councilor Allen lied in the NW Connection article when he claimed that:

1) the city's urban renewal property is appraised at $6 million; and,

2)That the negotiations for the sale were "unethical."

What is “Malfeasance”?
This legal term refers to intentionally doing something that is wrong, either legally or morally. Malfeasance is a dishonest act/. It is an action undertaken for improper purposes, or an act that the individual knows exceeds his authority. Malfeasance in office includes illegal or dishonest activity especially by a public official or a corporation

LYING is intentionally doing something that is wrong, both legally and morally. Another way of saying someone is lying is that they are dishonest.

What is “Wanton neglect of duty”?

Neglect of duty is the omission to perform a duty. Neglect of duty has reference to the neglect or failure on the part of a public officer to do and perform some duty or duties laid on him as such by virtue of his office or which is required of him by law. It is not material whether the neglect is willful, through malice, ignorance or oversight, when such neglect is grave and the frequency of it is such as to endanger or threaten the public welfare, it is gross.

Mr. Allen took an Oath of Office, that having been duly elected as City Councilor for the City of Troutdale, that he will perform the duties of this office to the best of his ability; that he will support the Constitution and the laws of the United States of America and the Constitution and the laws of the State of Oregon and the Charter and Ordinances of the City of Troutdale to the best of his ability,

Mr. Allen is bound by this oath in all matters until he leaves office. No additional oath is needed to bind him to tell the truth in anything he says, as telling the truth is pursuant to all matters before the city council.  Any public statement is perjury if it is a lie. By lying,he has violated his oath of office. Based on this violation of his oath of office by itself, Mr. Allen should be asked by this city council to resign his office.

Instead of putting the interests of the city of Troutdale and its residents first, he is putting his own self interest first. He  violated his oath of office.

I am requesting that the Troutdale city council and the city of Troutdale deny any legal coverage to city councilor Rich Allen in defense of the civil suit filed against Mr. Allen.

The city's insurance provider already declined to provide coverage for the libel lawsuit against Mr. Allen.

Mr. Allen has no right to expect a blank check from Troutdale residents to defend his egregious behavior. The city of Troutdale should not pay Mr. Allen's lawyers to represent a city councilor engaged in alleged reprehensible conduct.

Mr. Allen's alleged conduct raised in the lawsuit was not performed on behalf of the city.

Mr. Allen's alleged conduct raised in the lawsuit was not in furtherance of any adopted city policy.

Payment of Mr. Allen's legal fees would serve only Mr. Allen's private interest and not in the public interest of Troutdale's citizens or the city itself.

I am requesting that the Troutdale city council and the city of Troutdale deny any legal coverage to city councilor Rich Allen in defense of the civil suit filed against Mr. Allen.

And I am requesting that you, councilor Allen, resign from the city council, effective immediately.