MERRILL — Irrigators called the Klamath
Irrigation District board of directors’ recent
actions unethical and suggested three board
members resign during a contentious meeting in
Merrill Thursday.
The comments came after the board voted 3-1 to
accept KID Manager Mark Stuntebeck’s resignation
and to reinstate office manager Rachelle Gates
immediately.
Stuntebeck and Gates were both placed on
administrative leave following a KID executive
session Feb. 10.
Nearly 100 people and two Oregon State Police
officers were present at the standing-room only
meeting.
Chairman Brent Cheyne, board members Grant Knoll
and Ken Smith voted to accept Stuntebeck’s
resignation. Board member Greg Carlton voted
against. Board member Dave Cacka was absent.
Since last year, Cheyne, Knoll and Smith have
consistently voted for or against issues as a
united front, forming what many irrigators are
referring to as a “majority” dynamic.
In a letter read on his behalf, Cacka called the
KID board’s actions “malicious.”
“The irreparable harm done to them (Stuntebeck
and Gates) is shameful,” the letter read.
“Chairman Cheyne and vice chairman Knoll had an
excellent opportunity as leaders to try to bring
reconciliation to the district, but instead they
chose to create even further division among the
farmers of the Klamath Project. They chose to
lead with retribution and revenge.”
Board member Greg Carlton said he believes some
“gray area” exists about whether Stuntebeck
violated his district manager duties.
“I also feel since you’ve had control of this
board,” Carlton said to Cheyne, “you’re demeanor
changed and you were going to find whatever you
could to get rid of Mark.”
Cheyne said Stuntebeck and the KID mutually
agreed to sever their relationship, effective
Feb. 29. According to Cheyne, the separation
stems from a controversy about a check for
$213,825 that was issued to the Klamath Water
Users Association on Jan. 5.
“Although the manager maintains he was
authorized to issue the check, the board of
directors maintains the issuance of the check
was unauthorized,” Cheyne said.
The board ordered to stop payment before the
check could be cashed.
“However,” Cheyne said, “the circumstances
surrounding the issuance of the check have
caused an irreparable breakdown in the
relationship between Stuntebeck and the board,”
Cheyne said.
“Neither party will be making any further public
comment regarding this separation, on the advice
of their respective attorneys,” Cheyne added.
Irrigator Jim Carleton said he believes the
board majority is placing its political agendas
in front of irrigators’ needs and the effects
are harming the district.
“I think we need to change course and reconsider
some of your actions,” Carleton said to the
board. “If you’re unable to do that, I think
maybe you all need to consider resigning from
your positions until you are able to represent
the people that are out here.”
Irrigator Ed Bair said actions of the KID board
majority has “irreparably divided the irrigation
community.” Bair said he believes the board is
promoting division among irrigators.
“Although you represent the majority position on
the board,” Bair said to Cheyne, Knoll and
Smith, “I do not believe you represent the best
interest of KID patrons … It is apparent to me
you have violated the public trust. Your
resignation is the only beneficial action you
can take today.”
Irrigator Mark Trotman said he believes Cheyne,
Knoll and Smith are heading down the wrong path.
He said he would like his KID land to be
represented by the Water Users.
“The direction you guys are going is dividing
the community and the water users,” Trotman
said. “We don’t trust you guys. You guys have an
agenda — you’re going that direction and we
don’t like it.
“I would also suggest you guys consider
resignation right now,” Trotman said.
Irrigator Steve Kandra said that as elected
public officials, the board has a duty of public
trust. He said the trust includes paying
membership dues to the Klamath Water Users
Association.
“You told these people you were going to take an
action and you have not done it,” Kandra said.
The KID board has been waffling about whether to
pay its Water Users dues for 2016. The board has
voted to remove itself from Water Users, and
later voted to remain in Water Users. KID has
already collected $5.50 per acre from its
irrigators for this year’s dues. It is the same
money that was intended to payout the check
Stuntebeck issued to the association in January.
Rob Unruh, chairman of the Water Users board,
said Water Users agreed to compromise with KID
and allow the district to make monthly payments.
In return, Water Users would pick KID’s
representatives on Water Users board. Unruh said
if KID chose to make its annual payment in full,
KID could chose its own Water Users
representatives.
Open meeting violations alleged
Irrigator Mark Crawford said he believes
some actions taken by the board are
violating Oregon public meeting laws and the
district’s bylaws.
“Oregon law requires that decisions of the
board be arrived at openly,” Crawford said.
“Oregon law prohibits a meeting of a quorum
... It appears that members of this board
have violated this law.”
Cheyne said board members did not violate
the public meeting law, which requires
24-hour public notice if at least three KID
board members meet. A quorum is the minimum
number of board members needed to take a
vote. Cheyne said information was circulated
among himself, Knoll and Smith by individual
conversations.
“What we did, we did on advice of legal
council,” Cheyne responded. “I assure you
that we did not have an illegal meeting.”
Irrigator John Walker asked the board if it
had Stuntebeck’s computer removed from the
KID office.
Cheyne said yes but did not provide any
explanation.
Walker then said the board can expect a call
from the Department of Justice.
After the meeting, Marcy Anderson, a flood
irrigator, said she supports the board.
Anderson said she feels the previous board
didn’t always look out for small farms.
Landowner Pat Lunde said she supports the
board as well.
“We are standing behind our board because we
think they are making the right decisions,”
Lunde said.
It also came to light during the meeting
that long-time KID water attorney Bill
Ganong has also tendered his resignation. He
has requested his last day be on or before
April 30.
Nathan Rietmann, of the Salem-based firm
Rietmann and Rietmann, said he has been
advising the board on personnel issues.
Rietmann said he is not formally hired by
the district or the board.
“I’ve been providing advice to the board; I
assume that I’ll send a bill and they’ll
(the board) will approve it or not at a
future public meeting,” Rietmann said.
Rietmann declined to say if he began
advising the KID board before the Feb. 10
executive session in which Stuntebeck’s and
Gates’ leave was discussed. Rietmann has
practiced law for about 10 years.