04/27/2024
Oregon State Ethic’s Complaint regarding Recalled Commissioner Jim Doherty
Per the BOC audio recordings, RECALLED commissioner Jim (aka James) Doherty repeatedly participated in and voted on Covid grant money, including money for himself, his family, and their respective businesses. From the onset, (August 2020) until the December 30th meeting, Jim Doherty did this without declaring a potential or an actual conflict of interest.
Additionally, Jim headed the CARES Grant Applications committee (State of Oregon Amended and Restated Grant Agreement No. 1025). Jim and his Committee oversaw establishing the Morrow County COVID-19 Emergency Business Grant Application, reviewing the applications, denying the applications, or recommending the approval of the applications.
Once Jim and his committee selected which application(s) met their committee’s requirements for approval, Jim would give the BOC his committee’s updates and his recommendation for those applications to be approved. They were then voted on by the BOC for actual approval and funding. Then Commissioner, Jim Doherty, emphasized that the identity of the applicants was not to be disclosed, even to the other BOC members. When the other Commissioners questioned this, Jim insisted that who the applicants are was “NOT” public information, until AFTER the applicant(s) received the funds. Meaning, only then Commissioner Jim Doherty KNEW the identity when the BOC voted. The other two Commissioners, Melissa Lindsay and Don Russell, were not privy to who the applicants were at the time of their votes.
Jim, his wife Kelly, and their son Bryce were all granted money from the committee/grant applications that Jim oversaw. Their respective businesses are O’Doherty Outfitters and O’Doherty Cattle Company.
The members of the Grant Application Committee were:
Jim Doherty (BOC)
Kate Knop
Gregg Zody
Jim Doherty violated Oregon State Ethics regulations.
Jim Doherty violated the contract (No. 1025) that he himself signed. (August 5, 2020).
Jim Doherty repeatedly failed to announce a potential or ACTUAL conflict of interest.
Jim Doherty attempted to fraudulently gain CARES funds in violation of contract No. 1025
Kelly Doherty admitted to applying for and receiving Covid grant money from both “Eastern Oregon Grant and Morrow County Grant” due to not being able to have their cattle sale mid-March. (Boardman Chamber of Commerce page, April 17, 2023, video title Boardman Chamber of Commerce Forum #1 Time Stamp 29:30 -30:35)
It should be noted that while Jim and Kelly Doherty, O’Doherty Cattle did not hold their in-person cattle sale, they proceeded with their online and telephone cattle sales.
The Oregon State Amended and Restated Grant Agreement (Grant No. 1025)
Pg 1, Section 2: PURPOSE
is VERY CLEAR that the grant is to be used for “expenditures [actually]incurred” and to “reimburse the costs”.
These funds were NOT for the grant applicant to avoid financial detriment or to cover loss of profits.
Pg 2, Section 6: GRANT FUNDS
Eligible projects cost incurred during the Performance Period.
Eligible cost incurred during not prior to the time period.
Section 7: Disbursement Generally
Pg 2, 7.3 No Duplicate Payment
Per (Jim Doherty’s wife) Kelly Doherty’s recorded statement, “we” (Kelly, Jim, O’Doherty Cattle Co) received grant money from Eastern Oregon Grant and Morrow County CARES grant.
(Boardman Chamber of Commerce page, April 17, 2023 video title Boardman Chamber of Commerce Forum #1 Time Stamp 29:30 -30:35)
Jim Doherty’s son, Bryce Doherty, O’Doherty Outfitters received multiple payments.
Dec 11, 2020 $2500 (Tillamook, Morrow County & Business)
Dec 15, 2020 $5628 (CARES Small Business)
Dec 30, 2020 $14,943 (CARES Small Business)
Total $22,621
Dec 30, 2020 Jim and Kelly Doherty, O’Doherty Cattle Company, was ultimately awarded a significantly reduced amount of $9,896 (CARES Small Business) ***Applied for significantly more, more information provided below
PPP Loans Forgiven
Jim (James) Doherty March 30,2021 $18,538 Amount forgiven $18,612 (Aug 27,2021)
Kelly Doherty March 30,2021 $20,833 Amount forgiven $20,916 (Aug 27,2021)
Bryce Doherty March 20,2021 $9,227 Amount forgiven $9,248 (June 15,2021)
Pg 3, Section 8: Representations and Warranties
8.3 False Claims Act (ORS 180.750 to 180.785) (1), (2)(a)(b)(c), (3) (a)(b)(d)
Jim Doherty approved his own exaggerated requested amount, then recommended to the BOC, without disclosure or declaring his ACTUAL conflict of interest, that (his) application be granted. *This can be verified by contacting former commissioner Don Russell, recalled commissioner Melissa Lindsay (who called for a special meeting due to Jim’s failure to disclose), former County Development Director Gregg Zody, former Finance Director Manager Kate Knop, former County Administrator Darrell Green.
Pg 9, Section 19 Miscellaneous
19.1 Conflict of Interest
Grantee by signature to this Grant declares and certifies the award of this Grand and the Projects activities to be funded by this Grand, create no potential or actual conflict of interest, as defined by ORS Chapter 244, for a director, officer or employee of Grantee.
(Jim Doherty signed this contract with the State of Oregon Aug 5, 2020)
Facts of this matter:
Jim Doherty repeatedly participated in, recommended approval of, and/or voted on his son’s grant applications. Jim did not acknowledge a potential or actual conflict of interest. At no time did Jim inform other BOC members that his son, son’s business was an applicant. (Bryce Doherty, O’Doherty Outfitters, had multiple applications which were approved)
When asked by Commissioner Russell if the applicants would be read for the record, prior to the BOC voting, Jim insisted that the applicants were not public information and would be kept confidential.
Jim was the ONLY Commissioner who knew the identity of the applicants at the time the BOC voted.
Jim Doherty repeatedly participated in, recommended approval of, and voted on his son’s prior grant applications. Jim did not acknowledge a potential or actual conflict of interest. At no time did Jim inform other BOC members that his son, son’s business, was an applicant. Instead, Jim insisted that applicants were not public information.
Deadline for applications to be submitted to Jim’s committee for the 2020 FINAL round of COVID-19 grant funds was December 15, 2020
Dec 16, 2020, BOC meeting
Per BOC audio, while speaking on his recommendations, Jim casually states that he “may have family members who may have applied”. Jim keeps talking as though it was a non-issue, explaining that he and Kate “have been working and working on which applications to recommend for approval”.
Jim, his wife Kelly (O’Doherty Cattle), along with their son Bryce (O’Doherty Outfitters) HAD already applied for said funds; Jim did NOT acknowledge this fact, nor did he declare an actual conflict of interest. Instead, Jim emphasized how hard he and Kate were working on the applications.
December 23,, 2020, BOC meeting
Jim recommends the applications be approved and checks sent immediately. AFTER Commissioners Lindsay and Russell voted, Commissioner Doherty said, “I’m going to sideline myself”. Commissioner Lindsay laughed and asked, “is that the same as abstaining?” Jim did not reply.
Dec 30, 2020, BOC Special Meeting
Commissioner Linday states that after the previous meeting she was concerned and decided to call a special meeting. Commissioners Linday and Russell rescinded their previous votes, (approving Jim Doherty’s grant funds).
Jim Doherty was essentially cornered and forced to announce that he himself had applied and that he had an ACTUAL conflict of interest. Per BOC audio, December 30th 2020, when Commissioner Jim Doherty eventually acknowledge that he himself had applied (weeks earlier), Jim made a joke about how it shouldn’t really count because his wife, Kelly Doherty takes all the money and spends it anyways.
Had there not been a special meeting called to question WHY Jim had “sidelined” himself (AFTER the other two Commissioners had already voted to approve the applicants per Jim’s recommendation) Jim Doherty would have never acknowledged that he and his wife had applied for the funds himself. *Their son had also applied
Recap
Jim signed State of Oregon Amended and Restated Grant Agreement No. 1025
Jim headed the committee for the grant applications.
Jim reported the committee’s progress and recommendations to the BOC.
Jim, his wife Kelly, and their son applied for and received grant money per Jim’s recommendations.
December 15th, 2020 application deadline
December 16th, 2020, BOC meeting, Jim Doherty, his wife Kelly Doherty, O’Doherty Cattle, had already submitted their own application to the COVID-19 committee led by Jim Doherty. Bryce Doherty, O’Doherty Outfitters, had applied. Jim did not declare a potential or ACTUAL conflict of interest.
December 23rd, 2020 meeting, Jim’s committee had approved their application to move forward. Jim recommended those applications be approved by the BOC. Jim did NOT acknowledge that he, or his family had applied, nor did Jim declare that he had a potential or ACTUAL CONFLICT of interest.
Per repeated BOC audio, Jim Doherty, participated in, and recommended grant application be approved. Including his son’s and his own (without declaring him or his son were applicants)
The written BOC minutes do NOT fully nor accurately reflect the audio. (Please Note* BOC Minutes are a brief description of meetings and are approved by the BOC)
The actual audio recordings for the BOC meetings must be used for a true and accurate accounting of the BOC meetings and events.
Example: Written minutes for Dec 23,2020, BOC meeting states that Jim Doherty declared a potential conflict and abstained from voting. The audio shows this is a manipulation of the facts. What that audio clearly shows is that Commissioner Jim Doherty gave an update and his recommendation that the applications his committee approved be approved by the BOC and that checks be written asap, then it went to vote. (At this time Jim still had not declared a conflict not that he would be abstaining from voting.)
*All information can be verified by listening to the BOC audio