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May 7, 2010 RE: Coverage of the administrative leave, termination and investigation of former Lake Chelan Community Hospital CEO David Bernier To whom it may concern: In June 2009, Lake Chelan Community Hospital unexpectedly placed its CEO on paid administrative leave. For several months, the public hospital district’s administrative board was quiet about the investigation. Anonymous sources told us in August of some of the allegations against Bernier. We did our own digging to confirm the information, leading to an investigative piece (“Records detail ongoing payments to CEO at Lake Chelan Community Hospital,” Sept. 2, 2009). Two weeks later the board fired Bernier (“Hospital commission fires CEO,” Sept. 16, 2009). When we asked for the public records surrounding the board’s decision to terminate, Bernier filed an injunction against the release of his personnel files (“Bernier seeks to block release of personnel records,” Oct. 14, 2009). We joined in a lawsuit with two other media outlets requesting the records be released, in which we prevailed in part. As a result of the lawsuit and the release of records, Bernier, who had been silent up to this point, went on record with allegations of wrongful termination and his own threats to sue his former employer (“Superior Court upholds public’s right to know” and “Hospital letter outlines board’s findings against former CEO,” Oct. 21, 2009). Though no lawsuits have been brought forward, the Washington State Auditor’s of ice confirmed the hospital district’s allegations against Bernier, along with our own investigative reporting (“Auditor finds LCCH lost more than $26,000 to former CEO,” Feb. 10, 2010). Les Bowen Editor, Lake Chelan Mirror
Transcript
Page 1: LCM Lake Chelan Community Hospital

May 7, 2010

RE: Coverage of the administrative leave, termination and investigation of former Lake Chelan Community Hospital CEO David Bernier

To whom it may concern:

In June 2009, Lake Chelan Community Hospital unexpectedly placed its CEO on paid administrative leave. For several months, the public hospital district’s administrative board was quiet about the investigation. Anonymous sources told us in August of some of the allegations against Bernier. We did our own digging to confirm the information, leading to an investigative piece (“Records detail ongoing payments to CEO at Lake Chelan Community Hospital,” Sept. 2, 2009). Two weeks later the board fired Bernier (“Hospital commission fires CEO,” Sept. 16, 2009). When we asked for the public records surrounding the board’s decision to terminate, Bernier filed an injunction against the release of his personnel files (“Bernier seeks to block release of personnel records,” Oct. 14, 2009). We joined in a lawsuit with two other media outlets requesting the records be released, in which we prevailed in part. As a result of the lawsuit and the release of records, Bernier, who had been silent up to this point, went on record with allegations of wrongful termination and his own threats to sue his former employer (“Superior Court upholds public’s right to know” and “Hospital letter outlines board’s findings against former CEO,” Oct. 21, 2009). Though no lawsuits have been brought forward, the Washington State Auditor’s off ice confirmed the hospital district’s allegations against Bernier, along with our own investigative reporting (“Auditor finds LCCH lost more than $26,000 to former CEO,” Feb. 10, 2010).

Les BowenEditor, Lake Chelan Mirror

Page 2: LCM Lake Chelan Community Hospital

6 x p5, spring forward this weeked

We’re ALL over the web

Index

Community .....................................2Business & Community .................3Letters/Opinions ............................4

Bulletin Board ................................5Community Calendar ....................5Community & School .....................6Community .....................................7Community & Sports .....................8

Outdoor ...................................... B1Sheriff ..........................................B5Obituaries ....................................B5Senior News ................................B5Outdoor .......................................B6

Classified Index

Real Estate ..................................B1Classifieds .............................B1-B4B & S Directory ......................B2-B3

Public Notices .......................B4-B5Puzzles ........................................B4

Records detail ongoing payments to CEO at Lake Chelan Community HospitalHospital paid out $12,000 in housing assistance after foreclosure of Florida homeBy Les BowenEditor

Lake Chelan Community Hospital's commission-ers remain tight-lipped about the circumstances surrounding hospital CEO Dave Bernier's admin-istrative leave since June 26.

But documents obtained last week by the Lake Chelan Mirror suggest Bernier may have wrongfully received thousands of dollars in recent months.

According to the original employment agree-ment from Jan. 1, 2008, Bernier receives an annual $160,000 salary.

In April 2008, the board added an addendum to the employment agreement to pay an additional $3,000 per month because the CEO had not been able to sell his Ft. Lauderdale, Fla., home and was leasing a home in Chelan. On Oct. 28, 2008, the board retroactively increased that amount to $4,000 per

month. The second addendum provided that pay-ments to Bernier would end once he sold his home in Ft. Lauderdale.

A review of public records in Broward County, Fla., shows Bernier, who had been working as a real estate agent, owned several properties while he lived in Florida, some of which he sold.

Documents show he still owned two Ft.Lauderdale properties at the time he was hired in January 2008 to oversee the hospital in Chelan. Both were oceanside luxury condominiums in the same build-ing – Units 1101A and 2001A at Jackson Tower Las

Olas– and both had served as Bernier's residence during the time he lived in Florida.

According to documents released by the hospi-tal last week, Bernier received the first housing assistance payment of $3,000 in September 2008. He received $7,000 in November 2008 (presum-ably $3,000 for October and $4,000 for November). From December 2008 to July 2009, he continued to receive monthly $4,000 payments to assist in hous-ing expenses.

By the time he started collecting the housing as-

Manson Community Council passes favorable recommendation for sub-area plan

Manson family loses home in Saturday fireBy Les BowenEditor

Flames at a trailer in Manson left a family homeless Saturday afternoon.

“On arrival, we had a signifi-cant fire load in the kitchen and living room section of the sin-glewide trailer,” said Fire Chief Arnold Baker of Chelan County Fire District 5.

He explained crews were called out around 4:45 p.m. on Aug. 29 on reports of smoke at a residence in the Lakeview Trailer Park. Fire crews cut power to the trailer and knocked down flames in minutes.

He added that the resident specifically remembers turning off the stove.

“It was not directly attributed to the stove,” said the fire chief. The fire was ruled an accident with an undetermined cause.

Baker said an investigation showed the fire started near the stove. He said the trailer was a total loss.

American Red Cross provided the family a place to stay the first night, said Baker and the fam-ily’s homeowners insurance had kicked in for temporary housing at a motel.

Beebe Bridge closed after Monday crashSemi cab in river, dive teams look for unknown victimsBy Les BowenEditor

The details of a semi crash on Beebe Bridge east of Chelan were still coming in as the Mirror went to press Monday evening.

The incident occurred just after 5 p.m. Monday on the U.S. Highway 97 crossing over the Co-lumbia River near Chelan Falls.

The truck was traveling south on the highway, according to of-ficials on scene Monday evening. The truck crossed northbound lanes and crashed through guard rails, bending structural sup-ports. The cab disconnected from the trailer and fell into the river

below. The average depth of Lake Entiat to the south is 42 feet and Arnold Baker, Chelan County Fire District 5 fire chief, said the depth under Beebe Bridge may be closer to 60 feet.

Initial reports called into indi-cated a second vehicle – a smaller passenger car – may have been involved, but that had not been confirmed on Monday night.

“We’ve not been able to get any evidence there was ever a car,” said Baker.

But Washington State Patrol troopers weren’t ruling it out. A Chelan County dive team was beginning the search for victims Monday evening. But by press time, no rescues nor recoveries had been reported.

The semi truck was hauling apples, said Baker.

See CLOSED on Page 2Photo by Les Bowen

Beebe Bridge closed Monday evening after a semi truck crashed through the guard rail. At press time, responders had not rescued nor recovered crash victims.

See PAYMENTS on Page 2

Process heads to county, state for final reviewBy Les BowenEditor

The process leading up to a decision by the Manson Com-munity Council has been about three works in the making. Last week the advisory committee in Manson gave its blessing to a sub-area plan that covers the Urban Growth Area in Manson.

On Tuesday, Aug. 25, Manson residents gathered in the com-mons area at Manson Second-ary School to comment on the proposed plan.

Lilith Yanagimachi, part of the planning team at Chelan County, explained that the plan uses population estimates set by the state and includes plans to develop for expected growth over the next 20 years.

The plan shows a central com-mercial area surrounded by higher density residential, with lower densities around the pe-rimeter of the UGA.

The UGA in the plan is expand-ed from its current boundaries, but includes areas still smaller than what was in the plan a year ago.

Robert Thorpe, a Seattle plan-ner and Winthrop resident said he’s been involved in many plans and has been a key player in developing planning guidelines across the state.

Thorpe said Manson’s plan meets the goals set by the state’s Growth Management Act and commended community leaders in their progress.

He added that a comparison with previous proposals, “I think the current plan is much more balanced.”

And while most agreed that the latest draft of the plan is an improvement, not all residents

were fully satisfied.Kirk Matthewson, a resident

near Singleton Park said he would like to see an increase to the minimum lot size in his neigh-borhood. He presented a petition with 21 of 24 property owners agreeing with the suggestion.

Uplake from the Manson down-town core, residents asked to have their neighborhoods zoned as Urban Residential 1, where they had been proposed to be Urban Residential 2.

Those types of changes were passed over in the final revision of the plan by the community

See PLAN on Page 2

Photos by Les BowenChelan County planners and Manson Community Council members discuss comments after an Aug. 25 public hearing.

Manson Community Council Chairman Chris Willoughby points discusses the proposed Urban Growth Area boundary with county planner Lilith Yanagimachi.

Fire comes close to Chelan homes

See page 7

Schools win grantsSee page 6

September 2, 2009 • Volume 118 No. 35 SiNgle Copy 75¢your beSt SourCe for lake ChelaN aNd eNtiat Valley NewS

Page 3: LCM Lake Chelan Community Hospital

Chelan’s Historic

Ruby Theatre‘Cinema in Memorable Surroundings’

Thursday

Not as warm

Sunday

Partial sunshine

75°49°

Wed. night

Mostly cloudy, a shower

Saturday

Partly sunny

78°51°

61°

warmer

78°43°

Tuesday

Some sun

73°49°

Friday

Not as warm

75°52°

Wednesday

Mostly sunny and hot

93° 53°83°

Forecasts and graphics provided by AccuWeather, Inc. ©2009

Wed. Thu.City Hi Lo W Hi Lo W

State Cities

Bellingham 71 58 s 68 52 shBremerton 74 55 s 73 53 shEllensburg 89 58 pc 81 51 cEverett 71 56 s 70 55 shOlympia 76 51 s 73 50 shPort Angeles 66 51 s 68 51 shSeattle 73 55 s 71 54 shSpokane 92 59 s 81 51 pcTacoma 75 54 s 72 51 shVancouver 81 56 s 77 55 shWenatchee 91 64 pc 83 56 cYakima 92 55 pc 83 48 pc

Seven-Day Forecast for Lake Chelan

Lake Chelan for the week ending Aug. 30.Temperature

Precipitation

Snowfall

Almanac

Sun Sunrise Sunset

Moonrise MoonsetMoon

Sun and Moon

RealFeel Temp W-weather, s-sunny, pc-partly cloudy, c-cloudy, sh-showers, t-thunderstorms, r-rain, sf-snow flurries, sn-snow, i-ice.

Regional Weather

Seattle73/55

Tacoma75/54

Centralia Yakima Tri-Cities

Wenatchee

LAKE CHELAN

Moses Lake

Brewster93/61

Everett71/56

Bellingham71/58Mount Vernon

Spokane

Walla Walla

Colville96/51

95/65

92/59

76/57

93/61

93/61

91/64

96/6192/5576/51

Ellensburg89/58

Oroville95/58

Wednesday 6:20 a.m. 7:39 p.m.Thursday 6:21 a.m. 7:37 p.m.Friday 6:22 a.m. 7:35 p.m.Saturday 6:24 a.m. 7:33 p.m.Sunday 6:25 a.m. 7:31 p.m.Monday 6:26 a.m. 7:29 p.m.Tuesday 6:28 a.m. 7:27 p.m.

Wednesday 6:43 p.m. 4:15 a.m.Thursday 7:01 p.m. 5:22 a.m.Friday 7:17 p.m. 6:29 a.m.Saturday 7:34 p.m. 7:37 a.m.Sunday 7:52 p.m. 8:46 a.m.Monday 8:12 p.m. 9:57 a.m.Tuesday 8:37 p.m. 11:11 a.m.

Wednesday 93°Thursday 82°Friday 74°Saturday 77°Sunday 73°Monday 78°Tuesday 75°Total for the week ............................ 0.00”

Total for the month .......................... 0.08”

High/low for the week .................. 94°/54°Average high/low for the week .... 87°/61°

Total for the week ............................. N.A.

Shown is Wednesday’s weather. Temperatures are Wednesday’s highs and Wednesday night’s lows.

First

Sep 25

New

Sep 18

Last

Sep 11

Full

Sep 4

Lake Chelan

1099.37 0.650 -0.06 Elevation Outflow Change

24 hour

As of 7 a.m. yesterdayLake Levels

The patented AccuWeather.com RealFeel Temperature® is an exclusive index of effective temperature based on eight weather factors. Shown are the highest values for each day.

Community

By Les BowenEditor

An Olympia woman went to the Central Washington Hospital in Wenatchee with injuries after a crash north of Chelan on U.S. Highway 97 near milepost 244.

Bunny Smith, 56, was the only rider on a 1996 Harley Davidson

in the incident on Sunday, Aug. 30, around 10:25 a.m.

Reports from Washington State Patrol indicate Smith was headed north on Highway 97 when she crossed into the south-bound lane, left the roadway and came to rest in the ditch on the west side of the road.

Both of Smith’s legs suffered

compound fractures. She was wearing a helmet and had a mo-torcycle endorsement.

Information released by State Patrol states drugs and alcohol were not factors.

Possible medical issues were listed as causes. No charges are expected.

one mile, then free climbed the head wall of a box canyon. While free climbing, rock and dirt gave way and Chambers became stuck on knife ridge, 600 feet above the ground. Chambers had little climbing experience and no equipment. He called Rivercom on his cell phone requesting help.

Chelan County Sheriff’s High Angle Rope Rescue Team (HAR-

RT) and Volunteer Services personnel responded. HARRT had difficulty locating Cham-bers as the terrain is extremely steep, with loose soil and rock. The HARRT team experienced numerous rock slides trying to get to Chambers.

The HARRT team was able to get to Chambers at 7:10 p.m. They secured him with a rope. Due to darkness and difficult terrain,

the HARRT would not have been able to lower Chambers that night, so HARRT requested a winch capable helicopter from Whidbey Island Naval Air Station so Chambers and HARRT mem-bers did not have to spend the night. Chambers and Corporal Wisemore were winched out at 9 p.m. and flown to Lake Chelan Airport. Chambers sustained no injuries.

sistance payments, Bernier was already in foreclosure proceed-ings on one condo – Unit 1101A – which, according to Broward County court records, was deeded to US Bank on Oct. 8, 2008.

That same day, court papers were filed for the foreclosure of the condominium – Unit 2001A – which appears to have been his most recent residence before he left Florida.

On Oct. 22, 2008 – six days prior to the agreement to increase housing payments – the hospital CEO was served with the court summons from the circuit court in Broward County.

Public records reveal that two months prior to Bernier’s place-

ment on administrative leave, the condo was deeded to JP Morgan Chase Bank on April 28. By the date of sale, Bernier had already received the April housing as-sistance payment.

After the sale of the second condo, Bernier continued to re-ceive payments from the Chelan hospital. Yet a search of the Broward County tax roll and other public records indicates the hospital CEO no longer owns property in Ft. Lauderdale. On May 23, June 20 and July 18 he received $4,000.

When the Mirror contacted LCCH Chief Financial Officer and interim CEO Kevin Abel for comment last week, he said the

hospital “neither confirmed nor denied” any involvement in or awareness of the matter. Abel declined to comment further.

It remains unclear whether the payments are all or any part of the investigation into Bernier’s activi-ties at the hospital.

The latest official statement from the hospital regarding Bernier's continued absence from the hospital was Aug. 12 after an executive session. Commission-ers cited state law regarding loss of public funds, specifically referencing “suspected losses associated with the employment agreement.” The matter was referred to the State Auditor's Office for further review.

Gig Harbor girl run over at Don Morse ParkSubmitted by Jerry MooreChelan County Undersheriff

An 11-year-old Gig Harbor girl was hospitalized last week after she was run over by the truck she was riding on.

Sheriff Harum reported on Sunday, Aug. 23 at 7:35 p.m., Riv-erCom received a 911 telephone call from Chelan Lanes, referenc-ing an injury accident.

The unnamed 11-year-old was standing on the running board outside the passenger door of the family’s 1999 Dodge pickup truck as her father, Gregory Miller, 53, Gig Harbor, turned into Don Morse Park, the girl her grip and fell to the roadway.

The rear wheel of the pick up truck struck the girl, and her father transported her to Lake Chelan Community Hospital. LCCH medical staff stabilized and prepared the 11-year-old for transport to Harbor View Medi-cal Center.

Harbor View’s community rela-tions department listed the girl in satisfactory condition last week.

The accident investigation continues by Chelan County Sheriff’s Office and charges may be pending.

Response teams closed the bridge and set up a containment boom to collect the diesel fuel from spreading down river.

WSDOT’s regional public in-formation officer, Jeff Adamson, said a bridge team was en route Monday night to assessing dam-age to the bridge.

“It appears as if there is some structural damage to the bridge as a result of the wreck,” Adam-son said.

He said the bridge would defi-nitely not open before Tuesday morning and it could be closed for several days or more.

With the bridge closed, drivers who would other wise cross the Columbia River at Beebe Bridge may be adding more than 70 miles to cross at Bridgeport or Wenatchee.

The Mirror will continue to monitor the incident and will post updates online at www.lakechel-anmirror.com.

CLOSED: Unknown damageContinued from Page 1

PAYMENTS: Hospital quiet on detailsContinued from Page 1

council.Instead, it was a larger con-

cern about vacation rentals that gained the council’s interest.

Several residents expressed concern that vacation rentals needed tighter restrictions, de-scribing properties with too many vehicles, occupants along with complaints of noise, garbage and safety.

As it was presented Tuesday, vacation rentals will be required to obtain conditional use per-mits.

When the community council met again Thursday, there was consensus to tighten restric-tions and add teeth to penalize violators.

Planners and community lead-ers based changes on information from Cannon Beach, Ore., and communities at Lake Tahoe.

For starters, garbage recep-tacles at vacation rentals will only be allowed on the street 12 hours before and 12 hours after collection times.

“Most of these vacation rentals can handle two or three vehicles and one trailer,” said Council Chairman Chris Willoughby in an interview Monday.

He said the revised plan allows parking on-site only and pro-hibits vehicles overflowing onto neighborhood streets.

Willoughby said vacation rent-als must be compliant within 18 months of plan adoption. The required conditional use permit mandates a fire and life safety inspection.

Enforcement conditional use permit requirements falls under county purview. Possible penal-ties for violators include stop work orders; suspension, denial or revocation of permits; fines of $750 for first violations and $1,500 for subsequent violations; and liens against properties.

The amended sub area plan and related documents had a favorable recommendation that passed the Manson Community Council unanimously.

The next steps are a review at the state level by the Department of Commerce and a 60-day public review process.

At the end of the process, approval by the Department of Commerce, county planning commission and Chelan County Commission makes the process part of Chelan County’s compre-hensive plan.

At any point of that process, comments and concerns could halt final approval. But barring a lengthy delay, Manson’s sub-area plan is expected to be passed as part of the county’s comprehen-sive plan by the end of 2009.

PLAN: State, county to reviewContinued from Page 1

Climber rescued from Slide RidgeSubmitted by Jerry MooreChelan County Undersheriff

Chelan County rescuers as-sisted an East Wenatchee man last week after he became stuck while rock climbing.

Chelan County Sheriff Mike Harum reported on Aug. 25 at 2:40 p.m., Seth Chambers, 21, East Wenatchee, was staying with his grandmother at her South Lake Shore cabin in Chelan when he decided to hike up Slide Ridge.

Chambers went up the flood diversion channel approximately

Motorcyclist injured north of Chelan

Photo by Les Bowen

Winter all ready?Snow plows hauled on a Chelan County Public Works truck and trailer caught the eyes of staff at the Lake Chelan Mirror when they were parked in front of the newspaper office on Woodin Avenue. Yes, it’s still summer (autumn doesn’t official start until Sept. 22). County crews were simply moving winter equipment in preparation for the coming winter.

Photo by Les BowenFire crews responding to Beebe Bridge Monday placed a boom in the water to trap diesel fuel.

2 Lake CheLan Mirror • September 2, 2009

Page 4: LCM Lake Chelan Community Hospital

6 x p5, spring forward this weeked

We’re ALL over the web

Local Tea Party activists vow to take back America

Index

Community .....................................2Business & Community .................3Letters/Opinions ............................4

Bulletin Board ................................5Community Calendar ....................5Community .....................................7Sports & Recreation .......................7Arts & Entertainment .....................8

Outdoor ...................................... B1Sheriff ....................................B4-B5Engagement ................................B5Obituaries ....................................B5Senior News ................................B5

Community ..................................B6

Classified Index

Real Estate ..................................B1

Classifieds .............................B1-B4B & S Directory ......................B2-B3Public Notices .............................B4Puzzles ........................................B4

West Nile virus: Nine new human cases confirmed

Hospital commission fires CEO

Three file for vacant seat at Manson ParksBy Les BowenEditor

Chelan County’s Auditor’s Of-fice reports three candidates filed in a special filing Aug. 31 to Sept. 2 for a seat on the Manson Park and Recreation District Board of Directors.

The seat was formerly filled by Dave Gellatly, until his Aug. 11 resignation and the election will determine who serves the remaining two years of the seat.

Bob Christopher, Lyle Bland and Gerald Ustanik all filed for the position.

“All three will be on the ballot,” said Deputy Auditor Skip Moore. “Whoever gets the most wins.”

Normally, when three candi-dates file for a seat, the top two advance from the primary elec-tion to the general election.

But because of the timing of Gellatly’s resignation, there won’t be a primary.

Two four-year seats are up for election at the park district. Incumbent Hal Killian will face Shannon Byquist-Freels. Ken Rau is challenged by Pat Hautenne.

In two races – the three-way contest to replace Gellatly and the race between Killian amd By-quist Freels – the candidate will take office after Chelan County Auditor’s certify the vote in late November. The winner between Rau and Hautenne will start a four-year term in January.

Fish and Wildlife Roundtable connects with local citizensBy Candice ReedStaff Writer

More than 50 North Central Washington residents participat-ed in a roundtable-style meeting with the Washington Department of Fish and Wildlife on Wednes-day, Aug. 9 at the Columbia Cove Recreation building in Brewster.

The eighth annual public meeting drew citizens from the counties of Chelan, Douglas and Okanogan who participated in the open forum led by Phil An-derson, Interim Director of the Washington Department of Fish and Wildlife.

“This is an opportunity for me to come out and listen to the people in this part of the region,” Anderson said. “Making deci-sions from an office in Olympia without listening to the people of the state is a dangerous thing to do.”

Topics for discussion included Upper Columbia River salmon and steelhead selective fishing management issues associated with tribal and recreational fish-eries. WDFW staff took ques-tions and comments on fishing, hunting, wildlife viewing, habitat protection, enforcement and other issues related to fish and wildlife resources.

“A lot of people who come to the area from other places don’t understand the rules of catch and release,” said Tom Stevens of Manson. “They’re not trying

Photo by Candice ReedTea Party crowd listens intently to speakers at local event.

Bernier reprimanded for sexual harassment complaintBy Les BowenEditor

After more than two months of investigation, Chelan County Hospital District 2 commission-ers voted Monday, Sept. 14, to take disciplinary action against Lake Chelan Community Hospital CEO Dave Bernier.

Commission members met behind closed doors with legal counsel for more than an hour before making a public motion regarding the investigation.

Commissioner Fred Miller moved to issue a letter of rep-rimand to Bernier based on a sexual harassment complaint and results of the investigation.

“I make a motion that the con-

tract with Mr. Bernier with Lake Chelan Community Hospital be terminated for breach of contract for due cause and that a letter be sent to Mr. Bernier explaining the reasons why the board is taking this action,” said Commissioner Denny Evans.

Both motions passed with unanimous votes.

The hospital commission also voted unanimously to appoint Chief Financial Officer Kevin Abel as interim CEO.

Bernier was initially placed on administrative leave June 26. Prior to this week’s motions the only indicators regarding the investigation were statements made in mid-August regarding suspected losses of public funds.

Chairwoman Mary Pat Scofield said she expects the hospital com-mission to consider the question of finding a replacement CEO at its regular monthly meeting on Sept. 22.

Ten human cases across state in 2009Submitted byGordon MacCrackenWashington StateDepartment of Health

There are no reported cases of West Nile virus in Chelan County, but spread of the virus has been reported in nearby Grant, Kittitas

and King counties.U.S. Centers for Disease Con-

trol and Prevention testing has confirmed nine more human cases of West Nile virus in Wash-ington, bringing the state’s total for the year to 10. Until now, 2008’s count of three had been the state’s highest yearly human total since the virus first appeared in Wash-ington early this decade.

All nine cases were in people

By Candice ReedStaff Writer

A conservative advocacy group of about 75 people gathered at Riverwalk Park Saturday, Sept. 12, protesting President Barack Obama, many of his policies and what they perceive as an out-of-control government bordering on socialism.

“Our country has been go-ing downhill for the last 30 or 40 years,” said Mark Redlin of Chelan. “This country is defi-nitely going towards socialism and the people need to take the country back from the corrupt

politicians before it’s too late.”The event was the second this

year sponsored by Constitutional Alliance of Chelan a non-partisan group that says they are “dedi-cated to supporting the defense of our U.S. Constitution, holding elected officials accountable, and upholding and defending the Na-tion’s Constitution.”

Tea Party attendees gathered quietly in the park near the shel-ter, an American flag hanging behind the speakers who often quoted TV personality Glen Beck. Some of the crowd donned red-white-and-blue outfits to

Crash at Knapps tunnel halts Saturday trafficBy Les BowenEditor

A Saturday afternoon pileup in Knapps Tunnel on U.S. Highway 97A resulted in no significant in-juries but delayed traffic between Chelan and Wenatchee for more than an hour.

Information from Washington State Patrol indicates the four-car collision occurred around 1:30 p.m. Sept. 12. Until 3 p.m., traf-fic came to a standstill in both

directions.Amie Shatcuck, 33, Wenatchee

was driving a 1997 Volkswagon van. Her husband, Jason Shat-tuck, 33, Wenatchee was driving a 2000 Subaru Forester. Kirk Bun-can, 48, Sherwood Park, Alberta, was driving a 2007 Cadillac SRX.

All three were stopped in the tunnel because of a blocking dis-abled vehicle. State Patrol infor-mation indicates the third driver, Jarett Holbrook, 19, Pateros, did not stop and rear-ended the line

of stopped cars. he was driving a 1990 Oldsmobile.

Amie Shattuck was trans-ported by ambulance to Central Washington Hospital as a precau-tion. The van she was driving and the car driven by Holbrook were totalled. The other vehicles were damaged but able to be driven from the scene.

Holbrook was cited for follow-ing to closely.

See ConneCts on Page 2

See WnV on Page 7

See VoW on Page 6

Photo by Les BowenA wreck in Knapps Tunnel stopped traffic on U.S. Highway 97A Saturday afternoon..

Photo by Les BowenEntiat resident Silvestre Paz found a bathroom sink he wanted at the Entiat Women’s Club rummage sale last Saturday at the Entiat Grange. The Women’s Club has been hosting the rummage sale for four years to support the Reading Is Fundamental program for Entiat Elementary students. The club gives $350 to the program and the federal government picks up the rest. Working with the local public library and school library, school kids in first through sixth grades are given three books each year.

Something for all at rummage sale

September 16, 2009 • Volume 118 No. 37 SiNgle Copy 75¢your beSt SourCe for lake ChelaN aNd eNtiat Valley NewS

Yakama Nation elder opens music festival

See page 6

Sailing regattaSee page B8

Page 5: LCM Lake Chelan Community Hospital

6 x p5, spring forward this weeked

We’re ALL over the web

Index

Community .....................................2Community & Business .................3Letters/Opinions ............................4

Bulletin Board ................................5Community Calendar ....................5Community & Schools ..................6Sports & Recreation ....................7-8Outdoor ...................................... B1

Sheriff ..........................................B5Obituaries ....................................B5Senior News ................................B5Birth .............................................B6Outdoor .......................................B6

Classified Index

Real Estate ..................................B1Classifieds .............................B1-B4B & S Directory ......................B2-B3

Public Notices .............................B4Puzzles ........................................B4

Chelan City Council places moratorium on shoreline development

Bernier seeks to block release of personnel recordsBy Les BowenEditor

Former Lake Chelan Com-munity Hospital CEO filed court papers last week seeking to pre-vent the hospital from releasing portions of his personnel record. Hospital district commissioners fired Bernier on Sept. 17, after more than two months of investi-gation, during which Bernier was on administrative leave.

As part of the action terminat-ing Bernier’s employment, the board stated that the hospital would send the former CEO a written letter detailing the rea-sons for termination. In a sepa-rate action, the board also voted to place a disciplinary letter in Bernier’s personnel file related to a sexual harassment complaint.

Under the state’s Public Re-cords Act, all government records are subject to disclosure unless they are protected by a specific exemption.

The Lake Chelan Mirror made a request that the documents be disclosed, citing state law. Similar requests have also been filed by GoLakeChelan.com and the Wenatchee World. Bernier’s attorneys filed papers in Chelan County Superior Court seeking to prevent disclosure. Judge T.W. Small granted a temporary restraining order and set a court date for this Friday, Oct. 16, to determine whether Bernier’s personnel records are subject to public disclosure.

The Lake Chelan Mirror has joined with GoLakeChelan.com and the Wenatchee World to fight against Bernier’s filing.

Attorneys for Hospital District 2 said the hospital will not seek to sway the court in either direction, but “will adhere to any decision made by the court.”

The former CEO’s attorneys, argued in their filing that the records would not be subject to public disclosure, claiming “... that examination of those records would not be in the public’s inter-est and would substantially and irreparably damage Bernier.” As an alternative, they offered an alternative allowing release of the records redacting portions deemed protected under state law.

Bernier’s attorneys cited sev-eral instances of case law in their brief to support their position:

•Brown v. Seattle Public Schools, which found that per-formance evaluations that do not discuss specific instances of misconduct are exempt from disclosure.

•Tiberino v. Spokane County, which found that personal infor-mation that is unrelated to gov-ernment operations is exempt.

•Spokane Research & Defense Fund v. City of Spokane, which found that most employees have an expectation that evaluations will not be disclosed and release of those records would violate employees’ privacy. However, the court found that the Spokane city manager and other chief execu-tive officers are exempt from this protection. “The performance of the City Manager’s job is a legitimate subject of public inter-est and public debate,” the court wrote. “A person in the position of Spokane City Manager cannot reasonably expect that evalua-tions of the performance of his or her public duties will not be subject to disclosure.”

City, PUD address proposed collaboration in Entiat

Beebe Bridge opens to unrestricted trafficSubmitted by Jeff AdamsonWSDOT RegionalCommunications Manager

The US 97 Beebe Bridge was closed when it was damaged by a truck accident on Aug. 31 and opened to all traffic Friday, Oct. 9. It has been open to single lane, piloted traffic since Sept. 28, four weeks after the closure began.

“It is a tribute to the engineers and technicians,” said Project Engineer Brantley Bain. “They ac-complished in weeks what should have taken months.” Since the ac-cident, WSDOT staff and private contractors worked around the clock to repair the bridge.

Final repair work, primarily sealing and painting of the re-placement trusses and beams, required piloted single lane traf-fic on Friday.

Pedestrians were allowed on the bridge the day after Labor Day and WSDOT contracted with LINK transit for shuttles from the parking lots at Chelan County Public Utility District’s nearby Chelan Falls Park to the west end of the bridge and then up to the city of Chelan and back.

“We’re grateful to LINK, the PUD, the school district, Chelan and the many businesses that ac-commodated the inconvenience that the pedestrian-only access

across the bridge imposed,” Bain said.

“When all the bills are in, the total costs for the repairs will likely be near $1.5 million,” Bain said. “But getting it open as soon as possible was everyone’s goal.” WSDOT’s traffic data office con-servatively estimates the Beebe Bridge’s closure cost businesses some $15,000 per day, or nearly a half million dollars since the closure began.

Pictures of the collision, struc-ture damage and repair work can be seen on the WSDOT Flickr site: www.flickr.com/photos/ws-dot/sets/72157622081917117/

Public hearing slated Nov. 24 to address effectsBy Les BowenEditor

Chelan City Council voted unanimously last Thursday, Oct. 8, to pass a moratorium on developments within the city within 200 feet of shorelines.

After a closed-door session regarding poten-tial litigation, City Attorney Allan Galbraith presented the city council with proposed lan-guage creating the moratorium.

Under the moratorium, the city will not ac-cept or process permits for shoreline develop-ments creating five lots or more. Likewise, the city will not process applications for permits governed by the city’s shoreline master pro-gram or the state’s Shoreline Management

Act.The moratorium went into effect Thursday

evening and will continue until April 9, 2010, unless action is taken to terminate it sooner.

Complete project applications submitted prior to Oct. 9 are unaffected. However, partial or new applications will be subject to the six-month ban on shoreline developments.

At the same time, all lawful developments and structures approved prior to Oct. 9 will be recognized as conforming uses, as long as no changes are made that would require city permits.

The council scheduled a public hearing for Tuesday, Nov. 24, at 7 p.m. in the Chelan City Council Chambers to hear comments on the moratorium and its effects.

City staff will be required to prepare a de-tailed work plan to address the concerns that led to the moratorium. The work plan will be available for public review by Friday, Nov. 20.

Cold spell arrives

Photo by Les BowenAfter a warm start to autumn, last weekend brought with it freezing overnight lows. Property owners who haven’t shut off and drained irrigation lines awoke to find plants encased in ice.

Photo by Les BowenTraffic stays steady across Beebe Bridge, which opened to unrestricted traffic last Friday, nearly six weeks after a semi crash damaged the bridge and forced its closure.

By Les BowenEditor

Entiat area residents heard last week several updates from Chelan County Public Utility District of-ficials regarding the PUD’s planned projects.

Some presentations focused on district-wide undertakings, like the PUD’s fiber optics network, while oth-ers focused on more localized issues, such as the Entiat Valley transmission line and Entiat City Park.

District finances

PUD General Manager Richard Riazzi provided a financial picture for the district.

“2009 has been a challenge,” he said. He explained that wholesale prices have gone down dramatically, neces-sitating cuts at the PUD. It’s meant the district has scaled back installation of fiber optics lines and trimmed costs on utility services.

“At the end of the day, we cut more than $27 million from our budget,” said Riazzi.

PUD officials imposed a surcharge to customers and froze salaries. In addition, mandatory unpaid furloughs went into effect in 2009.

Riazzi said the PUD is at its lowest head count in five years – some 37 employees below peak level. Each job cut from the district’s payroll also cut an estimated $100,000 in payroll and benefits.

But even with the cuts, the PUD is

Photo by Les BowenRobert Whitehall, Entiat public works director, and Wayne Wright, executive manager of district services for Chelan County PUD, discuss a map on display last week showing proposed improvements to Entiat City Park.

still looking at more cuts in 2010 and expects to end 2009 running a deficit.

Unknown water levels going into 2010 make it difficult to forecast how next year’s budget will shape up for the PUD, but Riazzi said he expects to see $8 million in losses. In a best case scenario, the district may see an $8 million gain, and in the worst case, Riazzi said losses could reach $30 million.

Entiat Valley Transmission Line

For several years, the PUD has been planning to install a new substation and transmission lines to serve the Entiat Valley. Chad Rissman, distri-bution engineering manager, said projections indicate the district will reach a critical point in 2012 or 2013. That’s when the capacity margin – the

amount of available unused power – will fall below accepted guidelines.

“We’re on track to get the new fa-cilities into place,” Rissman said.

Permits for substations and trans-mission lines have already been approved by the Washington Depart-ment of Natural Resources, U.S. Fish and Wildlife Service and Bureau of Land Management. The PUD is still

See PUD on Page 2

OctOber 14, 2009 • VOlume 118 NO. 41 SiNgle cOpy 75¢yOur beSt SOurce fOr lake chelaN aNd eNtiat Valley NewS

Students attend college, career fair

See page 8

Manson ends four-year drought

See page 8

Page 6: LCM Lake Chelan Community Hospital

6 x p5, spring forward this weeked

We’re ALL over the web

Index

Community .....................................2Community & Business .................3Letters/Opinions ............................4

Bulletin Board ................................5Community Calendar ....................5Election ......................................6-7Sports & Recreation ....................7-8Outdoor ............................... B1, B5

Sheriff ....................................B4-B5Obituaries ....................................B5Senior News ................................B5Births ...........................................B5Community ..................................B6

Classified Index

Real Estate ..................................B1Classifieds .............................B1-B4B & S Directory ......................B2-B3

Public Notices .......................B3-B4Puzzles ........................................B4

Hospital letter outlines board’s findings against former CEO

Superior Court upholds public’s right to knowBy Les BowenEditor

Chelan County Superior Court Judge Lesley Allan or-dered the release of the termi-nation letter from Lake Chelan Community Hospital Commis-sioners addressed to former CEO Dave Bernier with two paragraphs redacted.

Bernier was fired from his position at Lake Chelan com-munity Hospital on Sept. 14. Since then, three media outlets, the Lake Chelan Mirror, The Wenatchee World and GoLake-Chelan.com have requested copies of the termination letter. Bernier filed in superior court for an injunction barring the release of the letter and ob-tained a temporary restraining order preventing the hospital from releasing the record.

In response, the Mirror, The World and GoLakeChelan.com collectively filed against Bernier’s actions and asked that portions of his pleading that had been filed under seal be unsealed.

The hospital district did not favor either Bernier’s position or the news media’s.

“We did not take a position on this issue,” said the hos-pital’s attorney, Jeff Kreutz, in court proceedings Friday morning, Oct. 16, in Wenatchee. He said the hospital district’s position was that the docu-ments was a public record and that the hospital would follow the court’s decision.

Bernier’s attorney, J.P. Di-ener, requested that the judge

clear the courtroom so docu-ments filed under seal could be openly discussed. Sofia Mabee, representing the news media objected.

“Clearly the public is in-terested in this proceeding,” Mabee said.

Allan agreed and noted that even she were to close the courtroom, Mabee would be at liberty to disclose court proceedings to her clients, the media.

“I’m at a loss as to how I can close the court now,” Allan said.

Bernier’s attorney said he could still argue the case with-out getting into specifics of the documents in question.

“The (termination) letter doesn’t contain any facts,” Di-ener argued. “It only contains rumors and speculation.”

He added that Bernier dis-puted the allegations of the letter and the board failed to back up any of its claims with additional information.

However, Allan referenced an appellate case, Morgan v. Federal Way, cited in the news media’s brief, that found al-legations are not unsubstanti-ated simply because they are disputed. Still, Diener argued that the court should prevent disclosure until Bernier could fully contest the allegations.

“Bernier’s reputation – both personal and professional – is very much on the line here,” Diener said.

Mabee argued that the le-gal standard for issuing an

By Les BowenEditor

Documents released last week show the build-up in disputes be-tween former CEO Dave Bernier and the hospital district’s board of directors.

Bernier was fired Sept. 14 after more than two months on admin-istrative leave.

Last week, the Lake Chelan Mirror obtained a copy of the letter terminating Bernier’s em-ployment dated Sept. 17.

The letter cites several in-stances which the board said it considered dishonest, fraudulent or had a negative impact on the hospital district.

“The hospital did certainly not do their homework and there are a lot of allegations in the letter,” Bernier said in an interview Fri-day. “They are not facts.”

The former CEO disputed the allegations against him.

“We are proceeding with a tort claim and the issues that are identified in the termination let-ter are subordinate to our claim,”

Bernier said. “There is going to be a discrimination claim.”

Both in an interview and in court papers, Bernier offered an alternative perspective to the board’s view.

“They did not give me an op-portunity to correct the issues,” Bernier told the Mirror.

He said the board’s disciplin-ary actions came as a surprise to him and that he had successfully completed his annual evaluation in February.

“Across the board, the commis-sioners graded me excellent or outstanding,” he said.

The termination letter tells a different story.

Bernier received a housing sti-pend for housing costs in Chelan that was supposed to terminate once he sold his Ft. Lauderdale, Fla., home.

“We discovered that you dis-continued making payments on your condominium in Ft. Lauderdale on June 1, 2008,” the letter states.

Bernier claims he was never

See OUTLINES on Page 2

See UPHOLDS on Page 2

Manson Park Board names new directorWai Tim Petersen returns to MansonSubmitted by Steven VaughnManson Park Board Member

Manson Park and Recreation District’s Board of Commission-ers selected Wai Tim Petersen as the new director last week.

“Mr. Pe-t e r s e n i s a p e r f e c t m at c h fo r our require-ments and we’re excit-ed about the leadership qualities he brings back to the community,” said Chairman Tom Tobey.

After graduating from Manson High School as a popular athlete and scholar, Wai Tim attended Pacific Lutheran University and graduated with a bachelor’s in physical education in 1998. Petersen then earned his mas-ter’s degree in 2000 in Human performance from Oregon State University at Corvallis.

Petersen proudly cites two highlights in college: selection as the senior team football captain under Hall of Fame Coach Frosty Westering and the mentorship from Colleen Hacker, sports psy-chology and assistant coach for Women’s National Soccer Team (1996 Gold Medal Champions and Silver Metal Winners in 2000).

Petersen’s unique leadership skill sets benefited his clients when he founded a Business Growth and Development Strat-egies company in 2001 that em-phasized personal and corporate productivity through people development. He has served as a speaker for the children’s advo-cacy in Tacoma’s Pierce County

Wai Tim Petersen

See DIRECTOR on Page 2

Running for prevention

Photo by Les BowenRunners and walkers cross the starting line of the Chelan Chase last Saturday on the Woodin Avenue Bridge. Top three times for men were Peter Abraham, Bret Pittsinger and David Katzer. The first women to finish were Whitney Graham, Sara Christensen and Jennifer Polley. Funds raised from the Chelan Chase are split 50-50. Half goes to the Chelan-Douglas Relay for Life for breast cancer research. The other half goes to Lake Chelan Community Hospital to be used to offset the costs of mammograms and other breast cancer screening procedures.

Chelan Food Bankto get new homeChelan Rotary presents proposal for library basementBy Les BowenEditor

For more than a year, the Chelan Food Bank has been shar-ing space in the basement of the Habitat for Humanity Store. But the Food Bank is outgrowing the space it has at the store and the store is finding it can use the space for its own uses.

So community members start-ed looking for a new home for the Food Bank. Rotary President Mike Steele presented a proposal to Chelan City Council on Oct. 8.

The Chelan Food Bank serves more than 100 families each week and that number is expected to go

up in the winter.Steel explained that people

come from across the North Cen-tral Washington region because “there are occasions that the people here have meat.”

Steele said the goal was to find a long term home for the Food

Bank where it won’t interfere with other activities.

Steel suggested using the base-ment of the Chelan Library as a multi-use area that could be used for the library, Food Bank and other uses.

Submitted graphicDrawings show the proposed access to the library basement .

See HOME on Page 2

PUD hosts Chelan River open house

Photo by Les BowenChelan PUD Recreation Resources Administrator Kris Pomianek explains plans to develop a trail extending from Riverwalk Park to the southwest along the Chelan River. The PUD welcomed the public to a three-part open house last Saturday to discuss projects along the river.

OctOber 21, 2009 • VOlume 118 NO. 42 SiNgle cOpy 75¢yOur beSt SOurce fOr lake chelaN aNd eNtiat Valley NewS

Manson Harvest Festival

See page B6

Homecoming games

See page 8

Page 7: LCM Lake Chelan Community Hospital

Lake ChelanCommunity HospitalHealthcare Close to Home

www.lakechelanhospital.com

Mammograms only $75* during October

Breast Cancer Awareness Month

Some may even qualify for a FREE test

Call 682-6111 to schedule your test

ATTENTIONall women over 40

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Community

Bernier disputes the claim, stating he paid the golf tourna-ment fees back to the hospital, even providing the check num-ber.

A final issue raised by the board relates to references listed at the time Bernier applied for the CEO position. The hospital’s letter claims that one of the in-dividuals was Bernier’s partner – who Bernier requested not be named – and that the former CEO did not disclose that he had both a personal and professional relationship with him.

“After you were hired by the hospital, you let everyone know that you had been in a committed relationship with (him) for over three years,” the letter states.

Bernier’s explanation is that he listed his references in chrono-logical order.

“As it happens, I now have a personal relationship with (him),” Bernier stated in court documents, “but that is not why I listed him as a reference.”

Two more issues were raised by the board, but the details were redacted from the documents. According to court proceedings last Friday, where the documents were discussed, the issues relate to allegations of criminal charges in Klickitat County and a sexual harassment claim at Lake Chelan Community Hospital.

Portions of board’s termina-tion letter to the Bernier and his responses filed in court have not been released.

Regarding the criminal case, a clerk at the Klickitat County

courthouse in Goldendale con-firmed that the case relates to a misdemeanor-level cyberstalking charge.

Bernier hasn’t see the details of the allegations against him Klickitat County.

“I can’t comment on something I really don’t know about,” he said.

In his interview, Bernier added that since he was placed on ad-ministrative leave, he hasn’t been asked a single question.

“I have been prohibited from talking to the staff and commis-sioners,” he said. That’s some-thing he considers inappropriate, as “anyone should be able to talk to their elected officials.”

However, it appears there has been some contact regarding the matters addressed in the termi-nation letter.

In the opening paragraph, the board’s letter states, “Pursu-ant to the agreement, you were provided notice of the possible reasons for potential termination in a letter to you through your attorney dated Aug. 7, 2009 and you were provided an opportu-nity to respond to those reasons in Wednesday, Aug. 12, 2009 in executive session. The board considered your response as well as other information provided by legal counsel in coming to its conclusion.”

The full text of the termination letter, court documents and other related records can be found on the Mirror’s at lakechelanmir-ror.com.

injunction wasn’t met and the compelling public interest in the termination letter should prevent an injunction.

She said Bernier had been un-able to show how releasing the termination letter would harm the public’s interest. To the con-trary, she explained, releasing the record serves to further the public’s interest.

However, Diener said his cli-ent need only show that release would damage him and a better venue would be to release the in-formation in court, where Bernier would be able to respond.

Allan disagreed, noting in her ruling that there is a strong pre-sumption of openness in Wash-ington unless there is a specific statutory exemption.

“This information is mostly disclosable,” Allan stated. She ordered that the termination of the temporary restraining order and granted the news media’s

motion to unsealing much of Bernier’s pleading.

At the same time, the judge recognized that some informa-tion would be highly offensive and is not in the public’s interest. She ordered that two paragraphs of the termination letter and two paragraphs of Bernier’s pleading be redacted.

The paragraphs in question relate to a Klickitat County case of misdemeanor-level cyberstalk-ing and a sexual harassment investigation at Lake Chelan Community Hospital.

Allan ruled that in those two cases, the letter and declaration only contained speculative or unsubstantiated information and would “promote only gossip and sensation.”

The redacted version of the termination letter as well as the unsealed portions of Bernier’s declaration and other documents can be viewed online at lakechel-anmirror.com.

moving company regarding a past due amount for moving ex-penses,” states the termination letter, “and although you had re-ceived full reimbursement in ex-cess of your contracted amount, you were making monthly pay-ments to the moving company.”

This board considered Berni-er’s actions as dishonest and possible theft of property.

Bernier explained in court doc-uments that there is an ongoing dispute withthe moving company about charges and he has refused to pay the full amount.

“I did not keep travel reim-bursements for my own gain,” he said.

In addition, there are issues re-lated to the hospital’s credit card, which the board claims Bernier used for personal purchases, but never reimbursed. Purchases cited include payment for a hotel room at a conference.

“You acknowledge taking your significant other and his mother to the conference, but have not identified why you needed such an expensive room, nor did you provide explanations for meal charges that far exceed the per diem allowed under hospital policy and clearly indicate you paid for meals for others staying in your room,” the termination letter states.

But Bernier said he always itemized his expenses and re-imbursed the hospital for any personal expenses However, his inability to access his personal records in his office a the hos-pital has prevented him from doing so.

“I plan to itemize travel ex-penses and reimburse LCCH for the credit card charges they allege were wrongful, once I have the opportunity to access my records,” he stated.

The hospital board also al-leges Bernier participated in a golf tournament at the hospital’s expense along with two commis-sioners, even though he was told “this is not the type of event the hospital could pay for.”

The termination letter goes on to explain that Bernier received personal checks from the two commissioners to cover their fees but never reimbursed the hospital.

been properly served with fore-closure documents, even though an affidavit from the process server states otherwise. the former CEO said most of the fore-closure documents bear Florida addresses and just one shows up with a Washington address.

“There is no way I could know that the condo would foreclose when it did,” Bernier told the Mirror.

But putting those issues aside, the former CEO went back to what he sees as a bigger issue – that the funds that were pro-vided to offset the cost of living in Chelan.

That’s reflected in papers filed in Chelan Superior Court, where Bernier said the housing stipend was provided to “help cover the high cost of living in Chelan. It was not given to cover my Florida Mortgages.”

The board’s letter to Bernier also alleges he misrepresented the board’s position related to his housing stipend by attempting to make it a permanent increase to his compensation. The board alleges he altered the agenda and minutes from the Feb. 17 commissioners’ meeting. Both are allegations, the former CEO disputes.

He said when he’s asked for records that would help clear his name, he’s been rebuffed by the hospital. Bernier said his in-ability to access records, either in his office or retained by the hospital, has hampered his abil-ity to respond to the allegations against him.

The hospital also claims there are several issues related to re-imbursements.

One relates to moving expens-es. The board initially approved reimbursement of up to $10,000 of Bernier’s moving expenses, but ended up paying out more than $14,000.

“As of June 2009, the hospital was still being contacted by the

OUTLINES: Bernier responds to allegationsContinued from Page 1Continued from Page 1

UPHOLDS: Records openedContinued from Page 1

Superior Court since 2006 and worked as the project coordinator for a couple of multi-million dollar construction projects at Fort Lewis and in Ballard. Wai Tim’s busy schedule always included return trips to Manson to visit his family

and assist with orchard work.“We started with the review

of 49 resumes and then inter-viewed eight candidates,” Tobey explained, “and we unanimously believe Mr. Petersen possesses the best qualifications for this position.”

DIRECTOR: Back to MansonContinued from Page 1

School district seeks input on Community Gym

Lake Chelan School District officials will be taking public input at a “Community Gym Walk and Talk” Wednesday, Oct. 28 from 2 to 4 p.m. at the Community Gym (on Johnson Avenue between Sanders Street and Bradley Street). The remodel of the Community Gym is funded through the 2008 bond levy.

He added that there would be no conflict with the current library schedule and the library could use the additional space for its own activities.

The trouble is that the library basement currently lacks ADA-compliant access.

Steel proposed excavating space south of the existing library structure and installing a ramp and retaining wall.

Councilman Guy Harper said he had concerns about future expan-sion – the only available building

space is to the south of the library. Steele explained that the retaining wall and ramp are intended as a temporary fix and will be designed to be easily removed if the library building is expanded.

He said he would like to get started on the project soon, as the Rotary would like to be done by winter.

“The Rotary is prepared to bear the full cost for this,” Steele said.

Chelen City Council expressed support and directed staff to work with the Rotary on the project.

HOME: Rotary ready to go

Panel to address large woody debris

Members of the Lake Chelan community in will be able to participate in a community fo-rum about large woody debris (rootballs) in Lake Chelan.

The forum will be Thursday, Oct. 22, at 6:30 p.m. at Camp-bell’s Resort in Chelan.

Chelan County Natural Re-sources Department has or-ganized a panel of experts to discuss several issues:

•The role of large woody debris in lakes;

•The Lake Chelan food web model; and

•Lessons learned from Flat-head Lake in Montana.

For more information about the community forum, contact Lee Duncan at 509-997-6640 or by e-mail to [email protected].

2 Lake CheLan Mirror • October 21, 2009

Thursday

Times of clouds and sun

Sunday

Considerable cloudiness

54°35°

Wed. night

Mostly cloudy

Saturday

Partly sunny

59°34°

39°

Milder with rain

55°32°

Tuesday

Cloudy with showers

51°29°

Friday

Rain possible

60°37°

Wednesday

Cloudy with a few showers

58° 39°60°

Forecasts and graphics provided by AccuWeather, Inc. ©2009

Wed. Thu.City Hi Lo W Hi Lo W

State Cities

Bellingham 57 44 r 57 43 pcBremerton 59 45 r 60 44 pcEllensburg 57 37 c 63 37 pcEverett 56 48 r 58 46 pcOlympia 58 44 r 59 43 pcPort Angeles 56 44 r 57 43 pcSeattle 57 48 r 58 46 pcSpokane 55 40 sh 59 38 pcTacoma 60 45 r 59 44 pcVancouver 60 49 r 64 45 pcWenatchee 56 41 c 61 41 pcYakima 62 37 c 66 36 pc

Seven-Day Forecast for Lake Chelan

Lake Chelan for the week ending Oct. 18.Temperature

Precipitation

Snowfall

Almanac

Sun Sunrise Sunset

Moonrise MoonsetMoon

Sun and Moon

RealFeel Temp W-weather, s-sunny, pc-partly cloudy, c-cloudy, sh-showers, t-thunderstorms, r-rain, sf-snow flurries, sn-snow, i-ice.

Regional Weather

Seattle57/48

Tacoma60/45

Centralia Yakima Tri-Cities

Wenatchee

LAKE CHELAN

Moses Lake

Brewster58/40

Everett56/48

Bellingham57/44Mount Vernon

Spokane

Walla Walla

Colville56/37

61/45

55/40

58/46

61/39

58/39

56/41

64/4062/3758/44

Ellensburg57/37

Oroville59/37

Wednesday 7:28 a.m. 6:01 p.m.Thursday 7:30 a.m. 5:59 p.m.Friday 7:31 a.m. 5:57 p.m.Saturday 7:33 a.m. 5:55 p.m.Sunday 7:34 a.m. 5:53 p.m.Monday 7:36 a.m. 5:52 p.m.Tuesday 7:37 a.m. 5:50 p.m.

Wednesday 11:44 a.m. 7:43 p.m.Thursday 12:39 p.m. 8:37 p.m.Friday 1:24 p.m. 9:37 p.m.Saturday 1:59 p.m. 10:42 p.m.Sunday 2:27 p.m. 11:48 p.m.Monday 2:50 p.m. noneTuesday 3:09 p.m. 12:54 a.m.

Wednesday 54°Thursday 59°Friday 56°Saturday 56°Sunday 50°Monday 55°Tuesday 46°Total for the week ............................ 0.39”

Total for the month .......................... 0.39”

High/low for the week .................. 61°/29°Average high/low for the week .... 52°/39°

Total for the week ............................. N.A.

Shown is Wednesday’s weather. Temperatures are Wednesday’s highs and Wednesday night’s lows.

New

Nov 16

Last

Nov 9

Full

Nov 2

First

Oct 25

Lake Chelan

1097.21 2.210 +0.02 Elevation Outflow Change

24 hour

As of 7 a.m. yesterdayLake Levels

The patented AccuWeather.com RealFeel Temperature® is an exclusive index of effective temperature based on eight weather factors. Shown are the highest values for each day.

The law has made a public policy decision that land should be used, and not lie idle. This is the underly-ing reason for a principle known as “adverse possession”. This means that if you use land as your own – even though you don’t have a deed or other title document – you will eventually become its owner.

This legal principle does not come into operation in cases where the land is being leased or rented, or if permission in any other way is given by the true owner. Rather, the use of land by the one claiming adverse possession must meet all of these requirements: the possession must be open, continuous (for the minimum period in each state, usually

15 to 20 years) exclusive, adverse, and notorious. An occasional use of the land is not sufficient to ripen into title by adverse possession.

If you own land which someone else is using without your permission, you could lose title to the land if you wait too long.

www.coldwellbankerchelan.com

If there is anything we can do to help you in the field of real estate, please phone or drop in at Coldwell Banker Lake Chelan Properties, 101 E. Woodin, Chelan, 682-7777. We’re here to help!

USE IT OR LOSE IT

By Rhett CrowTop Sales Associate in the month of September

Chelan’s Historic

Ruby Theatre‘Cinema in Memorable Surroundings’

Page 8: LCM Lake Chelan Community Hospital

We’re ALL over the web

Index

Community ....................................2Community ................................... 3

Letters/Opinions ............................4Bulletin Board ................................5Community Calendar ....................5Community ....................................6

Sports & Recreation ................ 7 & 8Senior News ................................B1Obituaries ................................... B4Outdoor ...................................... B4

Sheriff ..........................................B4Classified IndexReal Estate ..................................B1Classifieds .............................B1-B3

Puzzles ........................................B2B & S Directory ......................B2-B3Public Notices .............................B3

District wrestling comes to Chelan

See page 7

Linehan names top classified employee

See page 6

Chelan council appeals county’s decision on South Shore growth

day and told her, let’s get married. “At Christmastime of ‘43 I got a ring, so I knew

he was serious,” she said.They were married Sept. 3, 1944.“I had three days to get ready,” she said. “Called

the minister and set that up and my mom and dad took me to Seattle for one day to buy me a dress.”

She ended up picking out a gold suit.“I’ve always been very practical,” she said, laugh-

ing. “I knew I’d get a lot of good out of that.”After the Sunday wedding, the newlyweds trav-

eled to Patterson Lake, by Twisp, and rented a cabin for a short honeymoon, since he had to return to the San Diego Marine Corps base.

“That was Labor Day weekend and all my folks old friends were there, having picnics and having a good time, and there we were,” she said. “He picked me up and carried me into the cabin.”

He was transferred to Bremerton, where he received orders to go aboard the battleship USS Indiana. Jessie had followed him, quitting her job in Chelan and getting a new one there.

“Every morning, when I’d go to have breakfast, I’d walk down by the port and look out to see if the ship was still out there,” she said. “And it was, and the last morning it wasn’t.”

He’d been shipped off to Hawaii for training and then went to Japan at the end of the war.

The treaty ending conflict in the Pacific was signed not too far away from his ship. “We made a landing on the mainland of Japan, I don’t know why, just because the upper people said to do it.”

She went back to Chelan to live with her parents. Their daughter Linda, now Senator Parlette, was on the way and later they would have another girl, Terrie.

Ray brought Jessie back a memento from Japan, which she lifted gently from its place in a cabinet in the living room. The delicate doll is dressed in what once was a bright green kimono. The fabric has faded with time and her long fingers are slightly chipped. Jessie combs back the doll’s black tufts of hair affectionately and then puts her back.

“We worked hard as a family—the motto was

By Erinn UngerStaff Writer

The City Council voted last week to appeal a Chelan County Commission decision not to adopt the city’s development standards within the South Shore Area of the city’s Urban Growth Area.

City Administrator Jim Rein-bold wrote in an e-mail to the Lake Chelan Mirror that the city is willing to work with the county to rectify what he described as an incorrect decision by the county commissioners and county plan-ning board.

This action is not directed

specifically towards the Tuscan Village project, Reinbold wrote, “as we will be working with them and the county on a development agreement.”

The issue, he wrote, is the city feels that the decision is inconsistent with the Growth Management Act and interlocal agreements Chelan has with the County.

He added that the city feels the designation of only parts of the city’s Urban Growth Area for ap-proval of the city’s development standards is inappropriate.

Chelan County Commissioner Keith Goehner said in an inter-

view that the rationale behind the commissioners’ decision “was that the Tuscan Village group had made an original request for inclusion to be part of the Urban Growth Area.”

Under the state’s Growth Man-agement Act, development within urban growth areas are sup-posed to substantially follow city development code. Chelan’s development code requires city sewer and water services, which are currently insufficient to allow growth on the South Shore.

The county and the city agreed in 2007 that they would work through some of the details,

specifically the extension of the sewer lines, Goehner said.

“Because it was a clearly de-fined geographic area that was included, we felt like we did support the city of Chelan’s re-quest to have the adoption of the development standards in all the other areas that they were includ-ing in their Urban Growth Area,” Goehner said. “But because of what the Tuscan Village group had proposed and because of the cost involved in extending the sewer up for that project, it seemed that there was still work that could and should be done to resolve the issue.”

Photo by Erinn UngerRay and Jessie O’Neal, together for 65 years, pose in their living room with their dog, Scrub.

Submitted photoThe O’Neals married on Sept. 3, 1944.

Chelan couple makes it last through 65 yearsRay and Jessie O’Neal reflect on their marriageBy Erinn UngerStaff Writer

They are nothing special, Jessie O’Neal said as she sat gracefully on the couch, across from her husband, Ray. There are plenty of people who have been married much longer, she added.

Still, 65 years is nothing to sneeze at.“We were high school sweethearts,” she said.

They met when he was going up to her neighbor’s house to ask another girl for a date.

“And I guess that didn’t work out and I thought then, gosh, he’s so cute and he acts like he knows who he is,” she said. “And I just kind of gave a flip and that was it.”

After Ray graduated he joined the U.S. Marines and went to war while she finished her last year of high school. He called home from boot camp one

Auditor finds LCCH lost more than $26,000 to former CEOBernier sues for records releaseBy Les BowenEditor

A report released last week by the State Auditor’s Office found public funds totalling more than $26,454 went to former CEO Dave Bernier before hospital commis-sioners terminated his employ-ment last September.

“We found at least $4,150 in charges that were not in accor-dance with hospital policies and procedures,” auditors wrote.

The investigation showed that $12,000 was paid to Bernier in monthly housing allowance after the foreclosure sale of his Ft. Lauderdale, Fla., condominium in May 2008. Bernier continued to collect the housing stipend through July 2009.

When Bernier was hired, commissioners agreed to cover $10,000 in moving expenses. Au-ditors reported the hospital paid an extra $5,672.20, but was never reimbursed.

Several credit card charges were brought into question. Ac-cording to the report, Bernier did not provide original receipts for at least $1,845. The report out-lines at least $2,305 in improper room service meal charges was billed to the hospital. The State Auditor’s report noted Bernier did not reimburse $702 in per-sonal expenses related to a golf tournament and unauthorized meal expenses.

“We recommend the hospital strengthen internal controls over the approval of expenditures to ensure adequate oversight and monitoring to safeguard public resources and compliance with Hospital policies,” the report

stated. “We further recommend the hospital seek recovery of the $18,374 in losses of public funds and $3,930 of related investigation costs from the former CEO and/or its insurance bonding com-pany as appropriate. The hospital should also consider recovery of the $4,150 in unsupported and unallowable transactions.”

The hospital’s response to the audit stated an intent to recover lost funds and noted that new pro-cedures have been implemented to prevent future losses.

Bernier continues to deny the allegations against him.

“The auditor’s report is fac-tually incorrect,” Bernier said in an interview with the Lake Chelan Mirror. “Documents were provided to the auditor’s office that are available at the hospital. Unfortunately, the report is a one-sided report.”

He said he disputed the entire report from the State Auditor and will work through to have the report corrected, even through the justice system if necessary. Bernier added that the auditor’s office did not assign fault, but was more interested in operations and safeguards at the hospital.

He further explained that the hospital has been uncooperative in providing documents he’s requested. That’s limited his abil-ity to respond to the allegations or prepare a tort claim, Bernier said.

“They are holding back infor-mation, hoping I will give up and walk away,” he said. “They are wrong in their thinking.”

Bernier filed a case in Chelan County Superior Court against the hospital on Jan. 20, seeking to obtain several records to which he said he’s been denied access.

“It’s not over yet,” he said.

Parks Board rehires ArmbrusterApplication period for vacant seats now closedBy Erinn UngerStaff Writer

Manson Parks and Recreation Department announced at last Wednesday’s meeting that former Manson Parks and Recreation Board director Lanny Armbruster is being hired as a temporary, three-month employee.

Armbruster started that Wednesday in a role that remained undefined at the meeting, as there was not yet a job description. Chairwoman Shannon Byquist-Freels said Armbruster will be paid for 70 hours a month at $12.85 an hour and that the job descrip-tion is being drafted.

“Lanny’s job duties include be-ing a teacher and mentor to Wai with respect to passing down his institutional knowledge of our parks,” Byquist-Freels wrote in an e-mail to Lake Chelan Mirror.

work first, then play,” Parlette wrote in an e-mail to Lake Chelan Mirror. She recalled the fishing they did as a family in their old boat. Her father would turn the water off in the orchard and they would all

See REHIRES on Page 2

Photo by Erinn Unger

Dryer fire in MansonOn Tuesday, Feb. 2, a fire was reported at 82 Wapato Way in Manson, at the downtown laundromat “The Laundry Basket”. There was minimum impact to the laundromat and to neighboring Lorena’s Hair, Manson Fire Chief Arnold Baker wrote in an e-mail to Lake Chelan Mirror, and the fire was contained to one dryer unit, though there is some damage to the machine above. Cause has yet to be determined.

See COUPLE on Page 3

February 10, 2010 • Volume 119 No.6 SiNgle Copy 75¢your beSt SourCe For lake ChelaN aNd eNtiat Valley NewS


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