Former Klamath
Irrigation District
attorney Lawrence
Kogan says the
intent of an ethics
complaint filed
against him was to
“disrupt and
tortuously
interfere” with his
representation of
the district.
KID board members
Dave Cacka and Greg
Carleton submitted
the complaint
against Kogan to the
Oregon State Bar in
early May.
Kogan’s employment
has been the source
of much controversy
in the district
since his employment
contract was signed
in February. Several
Klamath Project
irrigators have
questioned his role
with the district
and have voiced
dismay with the
$58,000 invoice
Kogan submitted in
June for six weeks
of work in March and
April.
According to KID
meeting minutes,
Kogan was hired
solely to assist the
district in
negotiating a
contract to repair
the deteriorating C
Canal flume.
The complaint filed
by Cacka and
Carleton alleges
Kogan has acted “far
beyond the scope” of
his contract and has
improperly consulted
with board members
in business-related
decision-making.
Separate
complaint
A separate complaint
against KID’s
general counsel,
Nathan Rietmann, was
filed at the same
time. The complaint
against Rietmann
alleges the attorney
“aided and coached”
three board members
— Brent Cheyne,
Grant Knoll and Ken
Smith — in violating
public meeting law
and that his
representation of
KID presents a
“clear conflict of
interest” with
another client,
Klamath County
Commissioner Tom
Mallams.
After the complaints
were filed, the
attorneys had until
June 6 to submit a
response.
Portland-based
attorney Peter
Jarvis submitted a
response on behalf
of Rietmann on June
2. Kogan’s deadline
was extended until
July 15.
In a July 15 letter
addressed to the
Oregon State Bar,
Kogan states the
complaint filed
against him is
“false, untrue and
without foundation,
and therefore should
be dismissed.”
In the letter, Kogan
asserts that his
employment contract,
signed Feb. 29,
authorizes him to
provide legal,
advisory and
consulting services.
Kogan said the
complaint alleging
he counseled KID
board members Cheyne,
Knoll and Smith to
violate Oregon
public meeting laws
is untrue.
KHSA letter
According to Kogan’s
statement, he phoned
the three board
members before
sending an April 4
letter to Klamath
Hydroelectric
Settlement Agreement
moderator, Ed
Sheets, only to tell
the board members he
was sending the
letter and to ask
them if they
objected.
Although the letter
“officially” invoked
a dispute resolution
process, Kogan
maintains it did not
take any action to
change KID’s legal
status as a
signatory to the
agreement.
In response to
allegations that
Kogan threatened
board members with
legal action — and
to pursue
“violation(s) to the
fullest extent of
the law” — for
discussing district
business with
individuals not on
the board, the
attorney states
measures such as
“censure and the
filing of ethics
complaints, aside
from litigation,
(can) be taken
against KID board
and management
members.”
Kogan maintains that
based on the terms
of his employment
contract, it was
within his rights to
demand KID and the
Bureau of
Reclamation cease
any communication
that did not
involved him.
“In my professional
opinion, these
actions were
necessary to ensure
my ability to
negotiate a more
favorable federal
contract for the
district,” Kogan
wrote.
Employment
terminated
The KID board of
directors terminated
Kogan’s employment
with the district
earlier this month,
in 2-1 vote at the
district’s monthly
board meeting.
Kogan told the
Herald and News
Wednesday that he
does not know when
he will submit a
final invoice.
Kogan said he can
“conceive of
scenarios” in which
the district may
rehire him, but
nothing is certain.
“You never know what
events may
transpire,” Kogan
said. “I would
welcome coming back
in and taking care
of business.”