Esteemed Board of Education Members,

I am writing with some additional follow up information. The annual Administration spending on outside attorney costs detailed in the chart below amounting to more than $829K with more than $358K in FY25 alone is data provided by the LCC Administration in response to a request for this public information specifically about LCC spending on attorney fees related to labor/ LCCEA faculty issues. The request for information did not include other legal costs incurred by LCC, and that information has not been made publicly available, and we have no estimates for the total outside attorney costs.

I do note that the $829K cumulative total for legal fees on the chart below far exceeds the $675K amount that is built into the FY25 budget for unspecified program and service cuts. We are dismayed to see this level of spending on legal fees when cuts should be unnecessary. At the same time, management staffing levels are being increased in the budget by 10% from the current all-time historic high of 72 managers to 79 for the 25-26 fiscal year.

On behalf of LCCEA, I ask that you please take the time review the attached memo sent by LCCEA officers in September of 2024 with specific recommendations for actions that the Board can take in directing the Administration to create a learning and working environment that is free from labor disputes and unlawful unfair labor practice activity. The people of Lane County whom you represent are counting on you to fulfill your fiduciary responsibility to the community by seeking settlements and resolution to ensure that excess spending on unnecessary escalation and litigation with the employees of the college does not continue.

In addition, upon further review of the data, we have found that in FY25 alone, LCC spent $271,965.89 alone on legal fees to Ogletree Deakins. This firm represented LCC in the unfair labor practice hearing as well as an arbitration hearing on ABSE and ESL. After the hearing, it became clear that LCCEA would prevail, and the LCC Administration finally agreed to settlement discussions in earnest with a state-provided mediator. The mediation proved fruitful with a fair settlement reached. However, hundreds of thousands of dollars could have been saved if LCC Administration had engaged in good faith settlement discussions from the outset. 

Importantly, LCCEA remains gravely concerned about LCC Administration spending on Ogletree Deakins, given the general lack of Oregon public sector labor law knowledge and experience on the part of the attorneys who represented LCC. In particular, Kristi Foy represented LCC and is not admitted to the Oregon Bar. LCCEA has made multiple reports to the Board of Education in writing and in public meetings about the increased spending, the revolving door of attorneys representing the LCC Administration with most leaving after one issue/ case and declining to work with LCC Administration again. It is particularly troubling that the expenses paid to this one single firm are so high when the attorney, Kristi Foy, who represented LCC at the most recent arbitration hearing with LCCEA is not admitted to the Oregon Bar. 

Thank you, as always, for your dedicated volunteer service to LCC. Your active participation in public oversight of the institution is critical to our broader democracy and the public good.

Respectfully,

Adrienne