Council finds complaint against local hauler moot after Republic Services agrees to due‑process steps

Grants Pass City Council unanimously voted to find a complaint by local hauler Connor Kirkpatrick against Republic Services moot after the company and the complainant reached an interim agreement and staff proposed a formal due‑process procedure.

At a continuation of a public hearing, city staff summarized the dispute: Republic Services had barred Kirkpatrick from using the Merlin Transfer Station, citing repeated franchise violations. Kirkpatrick told council he operates two businesses he maintains fit exemptions in Republic’s franchise agreement — principally the clause the staff cited as “2.89” for cleanup/prepare‑for‑sale/abating nuisances — and asked for written clarification that would allow him to resume service on a pay‑as‑you‑go basis. He said he is willing to provide before/after photos, geotags and property‑owner attestations as evidence that material brought to the station fits an exemption.

Julie Jackson of Republic Services told the council the company had met with Kirkpatrick on Feb. 10 and that Republic would lift the ban if documentation and agreed tracking were in place. Jackson said the company had not previously understood that the roadside nuisance language would be applied to volunteer cleanup but that Republic is willing to accept documentation and a tracking account (including cash transactions) to make allowances when appropriate. Southern Oregon Sanitation also participated in the multi‑party discussions and said similar due‑process procedures would be used for other franchise areas, though the specific “prepare‑for‑sale” language exists only in Republic’s agreement.

City staff described a draft due‑process protocol that requires documented evidence for violations (photos, date/time logs), a written warning for a first offense, progressively longer bans for repeat offenses (90, 180 days, one year as examples), written notices to the solid‑waste agency, and an appeals path to that agency.

Councilmember Victoria moved to find the complaint moot based on the agreement and direction to staff to memorialize clarifications in writing; the motion passed unanimously (7–0). Council instructed staff to incorporate the due‑process procedure into the record and provide the final written determination to all parties.

What happens next: staff will finalize the written determinations and the formal due‑process language for bans and appeals; the solid‑waste agency will be notified whenever a ban is issued so the action is not handled in isolation.

Quotes: “If the 2.89 exemption is fully acknowledged, all parts of it, then yes, I am happy,” said Kirkpatrick. Julie Jackson said Republic would “make every effort to make that work” and will meet again to clarify the nuisance‑abatement piece.

The council’s action tonight resolves the pending citizen petition for now, but staff and the franchise holders committed to follow‑up meetings to finalize the wording and procedures.