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County legal counsel briefs commissioners on three pending cases; board authorizes response to meeting complaint
Summary
At a Jan. 7 workshop, County Legal Counsel Wally Hicks updated the Josephine County Board on three pending legal matters — including a petition under ORS 30.405 and an alternative writ requiring payment of $68,145 — and the board authorized counsel to submit a drafted response to a complaint alleging an illegal meeting.
County Legal Counsel Wally Hicks briefed the Josephine County Board of Commissioners on multiple pending matters during the Jan. 7, 2026, workshop and the board authorized submission of a drafted response to a complaint alleging an illegal meeting.
Hicks summarized three items: a petition for injunctive relief filed under ORS 30.405 in Josephine County Circuit Court Case No. 25CV66674 alleging a pattern of conduct violating protections for public servants; an alternative writ of mandamus in Case No. 25CV69018 (2 Guys 1 Truck, LLC, Konnor Kirkpatrick v. Josephine County et al.) that requires the County to either process and deliver payment of $68,145.00 or show cause by Jan. 15, 2026; and a petition for writ of mandamus in Case No. 25CV67180 filed by Ronald L. Lamb seeking to compel Commissioner Ron A. Smith to participate in the appointment process for Commissioner Position 1.
Hicks said discovery materials have been provided to the respondent in the ORS 30.405 matter and that the alternatives and procedural options for the mandamus writ are under consideration. Hicks disclosed he is conflicted out of representing Commissioner Smith in the Lamb matter and said the County will assign independent counsel for Smith’s defense.
On the complaint alleging an illegal meeting held Dec. 18, 2025, Hicks presented a drafted response and noted the County has 21 days to respond under applicable law. "Without objection, the Board authorized legal counsel to submit the drafted response on behalf of the Board," the minutes state.
No formal board action was recorded on the pending lawsuits beyond the authorization to file the drafted response and the decision to assign independent counsel for Commissioner Smith; procedural follow-up by legal counsel was directed.
