McKeel-Hauled

Officials have long suspected proprietors of a Corbett bed-and-breakfast were hosting events on the property in violation of the federal Columbia River Gorge National Scenic Area Act. Michael Kennedy, the fired employee, worked as a code enforcement officer for the county. 

Brickhaven Bed & Breakfast is allowed under the rules to offer food and lodging, but Kennedy discovered last year that Brickhaven was improperly holding special events as well. 

And not just any events.  

Kennedy "uncovered and sought to end illegal political fundraisers and related events connected to Commissioner McKeel [and] took action that would limit potential fundraising sources for Commissioner McKeel," he says in a tort claim notice filed with the county Jan. 5.

Kennedy said he also "voiced concern that Commissioner McKeel's office was exerting inappropriate and/or unlawful pressure on his job."

Kennedy further alleges that his firing Sept. 16 was a direct result of that pressure.

Those are serious charges of political interference to lodge against McKeel, a second-term commissioner first elected to office in 2008. 

McKeel's district encompasses most of the county east of 122nd Avenue, and she is well-known in East County, having served as executive director of the West Columbia Gorge Chamber of Commerce for a decade before taking office.

Her husband, Dr. Mike McKeel, is a prominent Gresham dentist and property developer who served 20 years on the Gresham-Barlow School Board and chaired the board of directors at Moda Health. 

Kennedy's tort claim says McKeel also put pressure on him and others in the county's Code Compliance Office to see things McKeel's way on other zoning issues, including a parking lot for a religious organization and a new building involving Multnomah Rural Fire District #10. McKeel's husband chairs the fire district's board.

McKeel says she cannot comment on the specifics of Kennedy's tort claim notice because of potential litigation. She did acknowledge the owners of Brickhaven are friends who have held two political gatherings for her races but says they got no special treatment. 

"I represent the constituents in my district. I've lived there for over 40 years," McKeel says. "My constituents have the expectation that I will listen to their concerns.” 

McKeel also acknowledged that her husband had contacted county land-use officials more than once about the Corbett fire project but says he got no special treatment. 

“For me, it was if he was any other constituent,” McKeel says. 

Multnomah County Chairwoman Deborah Kafoury, who oversees county administrative functions, declined to comment on the tort claim notice. 

Kennedy declined to be interviewed for this story. According to his claim, he's asking for $300,000 in damages from the county.

If his complaints have merit, the consequences could be more serious than mere damage to McKeel's political reputation: State ethics laws prohibit public officials such as McKeel from using their official positions to benefit their families or friends. 

Kennedy says he was fired from his $50,608 position despite strong job performance ratings. 

His personnel evaluation from June 30, 2014, attached to his tort claim notice, shows that Kennedy received the highest possible rating in six of nine criteria. 

"He is friendly and gets along with his external customers and continues to build solid relationships," wrote his supervisor, Karen Schilling. (Schilling was on vacation and unavailable for comment.) 

Brickhaven, the bed-and-breakfast that Kennedy says cost him his job, is located on the Historic Columbia River Highway near Crown Point. 

Its website calls the B&B "a serene hide-away on the Oregon hills overlooking the Columbia River Gorge. Breathtaking views of the river and its gorge welcome you to this quiet retreat."

Brickhaven's owners are Phyllis and Ed Thiemann. The Thiemanns have long been at odds with the Columbia River Gorge Commission and with Multnomah County officials, who help enforce the federal Columbia Gorge act.

Since its passage in 1986, the scenic act has sharply restricted commercial activities within the gorge. 

In 1997, records show, the Thiemanns sought permission from Multnomah County to operate their home as a B&B. That's an allowed use in the gorge, but holding events—such as fundraisers and weddings—is not. 

Minutes from a 2003 Gorge Commission meeting noted "even though events at Brickhaven have been blocked by Multnomah County, they have been happening anyway.” 

According to his tort claim, Kennedy joined Multnomah County on Dec. 30, 2013, as a probationary employee.

In the middle of 2014, he was assigned to investigate complaints about Brickhaven.

"Kennedy learned that Brickhaven's owner was holding events that violated Brickhaven's strict operating permit,” his tort claim notice says. 

"Kennedy obtained a list of specific dates and  events going back several years—this list included a number of political fundraisers. After Brickhaven's owner affirmed the activities had taken place, Mr. Kennedy issued a notice of voluntary compliance, seeking to end the unlawful events.”  

That's when things starting going bad for Kennedy—and, he says, political pressure from McKeel and her office kicked in.

"Diane McKeel's chief of staff, Eric Zimmerman, called Mr. Kennedy to angrily demand an explanation as to why he had sent the compliance notice," the tort claim says. 

"Zimmerman admitted he knew about the unlawful activities at Brickhaven because a number of the events for which Brickhaven had been cited were political fundraisers both he and Commissioner McKeel had attended."

In June, records show, Kennedy emailed justification for his enforcement action to Zimmerman. 

The Thiemanns proceeded with a wedding planned at the B&B on July 12 despite the warning, and Kennedy then issued Brickhaven a $750 fine.

Kennedy says the fine prompted Zimmerman to place a "furious" phone call to Kennedy's boss, county planning director Karen Schilling.

In his tort claim, Kennedy says Schilling told him about Zimmerman's call. 

"Ms. Schilling confirmed to Mr. Kennedy that he had handled the issue appropriately, but also stated that Brickhaven's owner had gone directly to Commissioner McKeel's office in an attempt to avoid the sanction."

Zimmerman declined to comment on specifics of Kennedy's allegations. "Because our district is rural, we get more constituents with land-use issues," Zimmerman says. "We just want to make sure that county policies are followed."

Brickhaven co-owner Phyllis Thiemann corroborates some of Kennedy's story. 

She says she and McKeel are longtime friends whose paths have often crossed. While McKeel ran the chamber of commerce, Thiemann was marketing manager for the city of Cascade Locks and president of the Columbia River Gorge Visitors Association.

Thiemann and her husband held two political gatherings for McKeel at Brickhaven and also held fundraisers for other elected officials there.  

Thiemann recalls that Kennedy wrote a letter last year notifying her that no more events could be held at the bed-and-breakfast. 

But Thiemann says she'd already agreed to host a wedding for the grandson of the man who built Brickhaven. Despite the county's warning letter, Thiemann says, she went ahead with the event. 

She says the gorge act is too restrictive. “The enforcement’s gotten really stupid,” she says. 

The B&B owner says she forwarded emails from Kennedy to McKeel's office and has complained to the commissioner about the county's overzealous regulation. 

"I did call her office about this," Thiemann says. "She's asked all the community to let her office know when a land-use issue comes up."

Thiemann says she was unaware Kennedy had been fired, however, and that she had nothing to do with it. 

“The nicest person to me throughout this whole process was Michael Kennedy,” she says. 

Thiemann says she wonders if the real issue might be between him and his supervisors.

"I felt like he was the one trying to get to the bottom of the mess," Thiemann says. "I guess he must have stepped on somebody’s toes in the land-use office.” 

WWeek 2015