465 Commercial Street NE
Salem OR 97301
MINUTES - TSPC MEETING
Wittenberg Inn & Conference Center, Noir/Rouge Rooms
5188 Wittenberg Lane N, Keizer OR 97303
THURSDAY, MAY 16, 2002
9:00 a.m. Executive Director Decision (non-public session)
At the last Commission meeting, Commissioners approved the recommendations of the Screening Committee to move three candidates forward to the interview process. The interview process involved the Executive Committee with two previous Commissioners, stakeholders, and a compilation of staff. Candidates finished the process by completing a writing sample. At the end of the day, all three interview groups debriefed and arrived at a consensus for Executive Director. The Executive Committee then met, considered the input from the three interview groups and decided to move forward with reference checking on Vickie Chamberlain.
Chair Ortman stated the final ratification of TSPC’s hiring process for an Executive Director will be voted on in public session. Adrienne Sexton, Legislative Analyst, and staff who were a part of the process were invited to attend the first portion of this executive session. Time has been scheduled at the July Commission meeting to talk about the hiring process with John Young, OSBA Executive Director Search Consultant.
Chair Ortman introduced Dr. Vickie Chamberlain. Dr. John Young, OSBA Executive Director Search Consultant, distributed a summary of Vickie’s background, education and experience as related to this position. Ms. Chamberlain’s education and background as an educator, administrator and association executive director at the K-12, community college and university levels; her work with the Oregon legislature; her volunteer and professional organization involvements; and her legal background relate directly to the Executive Director position qualities and qualifications as defined and adopted by the Commission.
Vickie Chamberlain explained how she discovered and why she applied for the TSPC Executive Director position. She has been in Oregon for forty years. Her education was acquired in Oregon with the exception of the first three years. All of her career has been devoted to education. She is very excited and delighted to be offered a position like this.
All non-Commissioners were excused to allow Commissioners time to discuss the process.
Executive Director Decision (Public Session)
Chair Ortman called the meeting to order in public session to consider the ratification of the Executive Director hiring decision.
MOTION, that the Commission ratify the hiring of Dr. Vickie Chamberlain as the Executive Director of TSPC.
Moved by Gwinn/Seconded by Walborn/Carried
1.0 PRELIMINARY BUSINESS
1.1 Call to Order
Chairperson Ortman called the meeting to order at 1:45 p.m. on Thursday, May 16, 2002. The Executive Committee met Thursday morning, May 16th, 7:00 a.m., in the Board Room at the Wittenberg Inn. The full Commission met in Executive (Closed) Session at 9:00 a.m. in the Rouge Room to consider the employment of an Executive Director for TSPC. Immediately following, the full Commission meet in public session to formally offer the position and ratify the hiring of Vickie Chamberlain. Also on Thursday, May 16th, concurrent meetings of the Program Approval, Licensure and Discipline Committees were held in the Noir, Rouge and Board Rooms from 10:00 a.m. to 1:00 p.m.
Commission Members Present
Carol L. Mack
Debra Robinson (attended Friday only)
Susan DeMarsh (attended Thursday morning)
Larry Mylnechuk (resigned)
Commission Staff Present
Vickie Chamberlain (Executive Director Elect)
"Justice delayed is justice denied"
Vickie Chamberlain, director of the Teacher Standards and Practices Commission, used her office to help Nancy Hungerford, former attorney for the Beaverton School District (who opposed me in 3 courts), influence a federal law suit and damge my career. I repeatedly refused to sign stipulations to unfounded allegations. Beaverton administrators had violated conditions of my employment contract with my union representative's tacit permission.
Dismissed by Hollis Lekas, former Beaverton HR administrator:
January 26, 2004
License suspended by Vickie Chamberlain, current TSPC director:
August 7, 2007
Susan Nisbet, former TSPC investigator, testified under oath that the only "investigating" she did was a phone call to Linda Borquist, former BSD asssociate superintendent.
Oct 22, 2006
Beaverton OR 97005
Administrative Law Judge
Office of Administrative Hearings
PO Box 14020
Salem, OR 97309-4020
Dear Judge Mann,
I received a notice (dated August 22) stating my case before the Teachers Standards and Practices Commission had been rescheduled and reassigned. This is, as you must know, the latest of several scheduled hearings. I have unsuccessfully lobbied my teachers’ union to appoint a new attorney to represent me in this matter—it looks as though I am on my own unless I am able to find a private practice attorney who will work within the limited time frame for the meager fee I can afford. I am hopeful that your office can provide me with some information to help me defend my rights in what has been for my family a cruel and unnecessary ordeal.
I am told that the TSPC has requested that findings from the Fair Dismissal and Appeals Board hearing be accepted as “true.” Please know that the process as I experienced it is unfairly skewed toward school administrators. An impressionable panel of lay people was misled by the imprimatur of a Human Resources administrator who invented much and concealed more about my situation—including the fact that I was working with her son (at her request) during my lunch hour on a video production project during the period when she was planning my dismissal for, among other things, my “outbursts” with students. I have included the findings of the only judge who has reviewed my case, an ALJ with the Unemployment Claims department. I am hopeful that your court will recognize these facts to be true.
Also, in researching my situation, I found that OAR 584-020-0041(2) dictates that school district administrators must file complaints, after appropriate investigations, within 30 days. I was put on paid leave in January of 2004, reported to the TSPC in late June and met with an investigator in December. I face an amorphous list of uninvestigated charges and am very concerned by “stipulations” I am being asked to sign that are unfair and, I believe, illegal. I do not believe a state licensing agency can instruct a citizen to attend Alcoholic Anonymous.
In any event, I am learning a lot from this process and hope that the November proceeding currently scheduled is the last one I have to prepare for. I would like to meet with someone who can guide me on the nuances of the procedure. While much, much, much time has passed, there are still parents and teachers willing to come forward to acquaint your court with a more honest picture of my activities at my former school. However, if I am still being charged with the list of twelve items on “Notice of Opportunity for Hearing” signed by the TSPC executive director and dated March 22, 2004, I will need to use the subpoena power granted by guidelines for these hearings. I am not sure how to proceed and hope that someone in the Department of Justice can guide me.
Thank you for your attention to this matter. It is my hope that my family and I are near the end of this process. I eagerly await your response.
Donald Bellairs, teacher
Larry Wolfe, president, Oregon Education Association
Jerome Colonna, superintendent, Beaverton School District
Confederation of Oregon School Administrators
Leadership Academy for Beginning Principals
July 18, 19 and 20, 2007
Linfield CollegeThe Faculty:
Linda Borquist, Academy Coordinator Victor Musial, Field Operations Director, OSEA
Colin Cameron, Director of Professional Development, COSA
Jill O'Neil, Principal, Beaverton Middle School - OMLA President
Vickie Chamberlain, Executive Director, TSPC
Kris Olsen, Principal, McMinnville High School - OASSA President
Matt Coleman, Principal, Westview High School
Shannon Priem, Communication Services Director, OSBA
Vickie Fleming, Superintendent, Redmond SD 2J
Perla Rodriguez, Principal, Cornelius Elementary School - OMLA President
Shawna Harris, Field Representative, OSEA
Nanci Schneider, NWREL
Craig Hawkins, Communications Director, COSA
Valerie Sebesta, Oregon Education Association
Sally Leet, Principal, Oak Grove Elementary School - OESPA Past President
Brian Traylor, Principal, Corvallis Elementary School - OESPA President
Holly Lekas, Regional Administrator, Beaverton SD 48
Joe Wehrili, OSBA
Michael Carter, Superintendent, Rainier SD 13
Philip McCullum, Director Administrative Licensure, University of Oregon
Below are faxes from January 2005 between the OEA attorney, Tom Doyle, and the former TSPC investigator, Susan Nisbet, a full year before ALJ Andrea Sloan allowed the TSPC employees to "have certain facts accepted as true" and two years before Vickie Chamberlain suspended my license.
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From: "Tom Doyle"
To: "Don Bellairs"
Subject: RE: FW: OAH Case No. 121747/ Attached Motion for Ruling on Legal Issue
Date: Fri, 16 Dec 2005 08:46:50 -0800
This is the same issue we faced in Federal Court. That judge denied the motion. Hopefully, this one will do the same, but there are no guarantees. In any case, there will be a hearing. If the judge rules against us, then we it will be shorter. I will be filing a response. I think overall our odds are good, particularly in light of the Federal Judges' decision on this very issue, but there are no sure things. I will keep you updated.
From: Don Bellairs [mailto:firstname.lastname@example.org]
Sent: Thursday, December 15, 2005 6:31 PM
To: Tom Doyle
Subject: Re: FW: OAH Case No. 121747/ Attached Motion for Ruling on Legal Issue
I am surprised by this motion. It was not expected by me. Is there any chance I wil be denied a hearing with a real judge? Will anybody ever read the FDAB and realize it is primarily hearsay based on Borquist's fabrications and fraudulent documentation..
Hollis Lekas took six months to turn this over to TSPC, who took six months to investigate and a year to give me a hearin...and now this?!? I would have been treated better if I had killed somebody. The system is broken and I am prepared to help fix it. I will prepare the web site and letter to members of BEA for the first of the year. This is not justice.
Send them the unemployment judgment--that was a real and impartial judge. The OEA should not allow this to happen.
Here is a motion filed by the State. They are seeking to have the ALJ accept the findings of fact from the FDAB, as expected. I will be filing a response by the end of next week. Please write if I can explain anything further about their motion.
From: Denecke Elizabeth [mailto:email@example.com]
Sent: Wednesday, December 14, 2005 1:21 PM
To: SLOAN Andrea H; firstname.lastname@example.org
Cc: NISBET Susan
Subject: OAH Case No. 121747/ Attached Motion for Ruling on Legal Issue
OAH Case No. 121747
Teacher Standards and Practices Commission
In the Matter of the Teaching License of Donald E. Bellairs
DOJ File No. 584001/GE0132-05
Dear ALJ Sloan and Mr. Doyle:
Please find attached a Motion for Ruling on Legal Issue with supporting documentation filed today by mail today on behalf of the Commission. The matter is set for hearing January 10-12, 2006. Thank you for your consideration.
Elizabeth (Liz) Denecke, AAG
OSB Number 81112
Education Section/General Counsel Division
Oregon Department of Justice
(regarding my license to teach in Oregon)
Don Bellairs, teacher
This document is brief. It contrasts with the length of time I have been “criminalized” by the process it addresses.
1. My first exception to Ms. Chamberlain’s findings is that, had the TSPC followed Oregon Administrative Rules regarding the timely filing of complaints by school districts, I would never have been charged for any offense. The case against me is based on improperly investigated and inappropriately submitted information provided by employees of the Beaverton Schools acting in bad faith.
2. I am frightened by the experience I have had with the Oregon Administrative Hearings office in Beaverton. Through procedural maneuvers, the OAH judge, Andrea Sloan, allowed OEA attorney Tom Doyle and an attorney employed by the state of Oregon, Elizabeth Denecke, to conduct a hearing without my knowledge, consent or understanding. As a reslut of Judge Sloan's secret hearing, allegations without documentation or testimony gained the imprimatur of “facts accepted as true.” I have never been able to call witnesses to refute false testimony that has been used to cause me harm. Ms. Denecke has used state courts to aid my adversaries in a federal cse which I had been led to believe was my only "remedy" for the sneak attck form angrry school officilas.
The findings of the TSPC director, Ms. Chamberlain, refer (more than once) to my participation in hearings with “Judge Sloan”—someone I have never seen or spoken to. These references to my participation are designed to cover up an illegal effort to deny my right to due process of law. they are also improper attempts to effect the outcome of the federal case.
3. The investigator who led the TSPC’s assault against me for three years, Susan Nisbet, has recently been fired, in part for misconduct in my case. Certainly any evidence or testimony she has provided against me is tainted—and she has been the state’s ONLY witness in my “hearing.” Certainly her termination is sufficient reason to doubt her credibility and integrity and to declare any finding with information from her invalid, if not blatantly illegal. By her own admission, her three-year investigation consisited of phone calls to Linda Borquist,. then-associate superintenent for Beaverton Schools.
3. Perhaps the best evidence that Ms. Chamberlain of the TSPC has acted in bad faith is the length of this process. Regardless of the outcome of my case, it is self-evident that representatives of any state agency who are able abuse an Oregon citizen for three years or more are acting outside the provisions of their mandate. It is equally self-evident that the oversight of that agency should be called into question. Ms. Chamberlain hs established associations with the former Beaverton School associate supeintendent Borquist, with Hollis Lekas, a regional administrator for Beaverton Schools, with Jerome Colonna, current Beaverton School District superintendent, and many others. Her unusual efforts to help Linda Borquist and other public officials conceal admisitrative misconduct proves her complicity on several levels.
4. Finally, and plainly, none of the charges Ms. Chamberlain uses to suspend my license rises to the standard of discipline being applied to me. Ms. Chamberlain is acting vindictively because I have called attention to the political nature of her leadership and her questionable supervision of Ms. Nisbet. Were the standards she has used to discredit me publicly applied universally, we would have very few teachers left in public schools.
I request that the findings of Ms. Chamberlain be overturned and that I continue to be allowed the unencumbered right to licensure to which my conduct and credentials entitle me.
July 21, 2007