Clackamas County cries foul over Milwaukie phone survey

County complaint to the secretary of state's office is the latest shot in a long sewer rate battle

By Anthony Roberts

The Clackamas Review, Dec 16, 2009, Updated Dec 22, 2009 (6 Reader comments)

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Clackamas County commissioners have accused Milwaukie city employees of breaking state election laws by taking part in a public opinion poll aimed at voters in the north Clackamas area.

The city says last weekend’s poll was an attempt to gauge public opinion and craft a cohesive message about sewer rates.

And so goes the latest dustup in the city and county’s enduring spat about sewer rates.

County commissioners have filed an official complaint about the poll with the secretary of state’s office. The poll asked county residents' opinions about sewer service and other related issues.

During the phone survey, pollsters called residents in north Clackamas County and asked them several questions, many of which were directly related to their sewer bill. But some questions went beyond the scope of sewer service, and that led to the county’s complaint.

One asked a respondent’s opinion of individual county commissioners. Another asked if respondents would be more or less likely to vote for a commissioner based on his or her position on sewer rates and improvements.

The county believes the survey constitutes a “push” or “attack” poll designed to create a negative perception of candidates – three current commissioners, Ann Lininger, Jim Bernard and Bob Austin, are up for re-election in 2010.

While such a poll is not illegal, it is illegal under Oregon law for public employees to promote or oppose candidates, referenda or recalls while on the job.

County Commission Chairwoman Lynn Peterson said using public funds and city staff on a poll that “specifically targets candidates” violates the law.

“The disparaging information contained in the poll can have no other purpose but to promote political opposition to the county commission and commissioners who have declared their candidacy,” she wrote in a letter to the secretary of state’s office.

The sewer saga

Clackamas County and the city of Milwaukie have been locked in contentious sewer negotiations for years as the county worked to expand sewer capacity to accommodate new development, keep rates fair for ratepayers in built-out communities and upgrade aging facilities.

Milwaukie’s situation is unique because the city paid for part of the construction of Kellogg Sewage Treatment Plant, which is used to treat waste from Milwaukie and surrounding communities like Happy Valley. The county runs the plant as Clackamas County Service District No. 1, and it is in disrepair. Aging parts have led to large sewage spills into the Willamette during hard rains, and the Department of Environmental Quality has mandated that the county fix the plant under a certain timeline or face severe fines.

The county is locked in a dispute with Milwaukie because of the permits for improvements, which the city must grant.

The standoff's main sticking point between the two is simple: They cannot agree on a rate for sewer services. After months of failed negotiations, the county raised Milwaukie’s sewer bill in September, leading to a monthly rate jump from $11 per customer to $25 per customer. The city has only paid a portion of the bill, the county is threatening to cancel the contract and the case is likely headed to court.

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