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The resigning director of facilities at Umpqua Community College has filed a lawsuit claiming the college violated his First Amendment rights and punished him for speaking out on matters of public interest.
Bill Bachman’s attorney, Brian L. Pocock of Eugene, filed the 12-page complaint in U.S. District Court June 22.
The suit is against the college, President Blaine Nisson and board members Del Blanchard, David Briggs, Shirley Cairns, Elaine Cheney, Helga Conrad, Tom Keel and Art Trout in their official and individual capacities. It seeks damages for lost wages and benefits, pain and suffering, punitive damages and attorney fees.
“We have to file a lawsuit because we don’t have any other alternative at this particular point,” Pocock said, adding that Bachman’s issue is that public employees should be able to speak out without fear of retaliation.
“He still has indicated his willingness to sit down and discuss a resolution, but nothing happens,” Pocock said.
When asked for comment, several board members and UCC community relations director Monique ter Haar said they could not comment on ongoing litigation.
Bachman’s contract endstoday.
The complaint claims he received a reprimand and was later terminated because of his criticism of the presidential search process, the creation of an executive director of institutional advancement position and “his opposition to financial waste and abuse.”
The board approved his request for early retirement Dec. 13, 2005, though Bachman asked for a postponement.
The complaint claims that UCC President Blaine Nisson told Bachman he wouldn’t receive a contract for the 2005-06 school year unless he requested early retirement.
Bachman started working for the college in 1994. He became facilities director in February 2003, the same year the college started looking for a new president. David Beyer was the top candidate, and Bachman sent a letter to the board saying the search should be expanded and other candidates considered.
The board hired Beyer, who had been president at Clark College in Vancouver, Wash., when Nisson was vice president of student development there.
Bachman requested a raise and a continuing status contract, and his supervisor, Thomas Eckerd, then interim vice president of administrative services, recommended the raise to Beyer.
“(Bachman) had been put into that position, at that point doing a satisfactory job, and what he was making wasn’t what that position called for,” Eckerd said. “... And Beyer’s response was, ‘Absolutely not. We have different plans for that position.’”
Stephen Huckins followed Eckerd as vice president for administrative services and recommended a continuing status contract for Bachman. Beyer said Bachman would have a one-year contract instead, and Bachman told Huckins he would go to a board member to appeal the decision.
According to the complaint, Huckins told Bachman he would be fired if he went to the board.
Huckins declined to comment. He has resigned, effective June 30. He did not give a reason for his resignation.
Bachman spoke up again when in the spring of 2004 Beyer created the position of executive director for institutional advancement with two additional employees. The board approved.
Bachman and other administrators, according to the complaint, “were concerned that the proposals for the new positions ... were unnecessary, ill-timed and financially unsound given the current state of the college’s finances and, further, that the positions had merely been created by David Beyer to give preferential treatment to one of his personally favorite employees.”
About that time, Beyer resigned and Nisson was hired as president.
Bachman spoke against the new positions at a staff budget committee meeting where the administrators agreed to include in their report to the board that the college couldn’t afford new positions.
Then Bachman’s name was left off the contract list and he received a letter of reprimand from Huckins for campaigning against the new institutional advancement position after the board had approved it.
Bachman responded with a letter that the college had broken its policies by not renewing his contract without an explanation or a chance to meet with the board.
Soon after, Bachman said he was told by Nisson he would only receive a new contract if he agreed to request early retirement.
Bachman requested a hearing challenging his reprimand, and Nisson told him the reprimand would be removed from his file because the director of human resources was unable to substantiate the grounds for it.
• You can reach reporter Teresa Williams at 957-4230 or via e-mail at twilliams@newsreview.info.
Bill Bachman’s attorney, Brian L. Pocock of Eugene, filed the 12-page complaint in U.S. District Court June 22.
The suit is against the college, President Blaine Nisson and board members Del Blanchard, David Briggs, Shirley Cairns, Elaine Cheney, Helga Conrad, Tom Keel and Art Trout in their official and individual capacities. It seeks damages for lost wages and benefits, pain and suffering, punitive damages and attorney fees.
“We have to file a lawsuit because we don’t have any other alternative at this particular point,” Pocock said, adding that Bachman’s issue is that public employees should be able to speak out without fear of retaliation.
“He still has indicated his willingness to sit down and discuss a resolution, but nothing happens,” Pocock said.
When asked for comment, several board members and UCC community relations director Monique ter Haar said they could not comment on ongoing litigation.
Bachman’s contract endstoday.
The complaint claims he received a reprimand and was later terminated because of his criticism of the presidential search process, the creation of an executive director of institutional advancement position and “his opposition to financial waste and abuse.”
The board approved his request for early retirement Dec. 13, 2005, though Bachman asked for a postponement.
The complaint claims that UCC President Blaine Nisson told Bachman he wouldn’t receive a contract for the 2005-06 school year unless he requested early retirement.
Bachman started working for the college in 1994. He became facilities director in February 2003, the same year the college started looking for a new president. David Beyer was the top candidate, and Bachman sent a letter to the board saying the search should be expanded and other candidates considered.
The board hired Beyer, who had been president at Clark College in Vancouver, Wash., when Nisson was vice president of student development there.
Bachman requested a raise and a continuing status contract, and his supervisor, Thomas Eckerd, then interim vice president of administrative services, recommended the raise to Beyer.
“(Bachman) had been put into that position, at that point doing a satisfactory job, and what he was making wasn’t what that position called for,” Eckerd said. “... And Beyer’s response was, ‘Absolutely not. We have different plans for that position.’”
Stephen Huckins followed Eckerd as vice president for administrative services and recommended a continuing status contract for Bachman. Beyer said Bachman would have a one-year contract instead, and Bachman told Huckins he would go to a board member to appeal the decision.
According to the complaint, Huckins told Bachman he would be fired if he went to the board.
Huckins declined to comment. He has resigned, effective June 30. He did not give a reason for his resignation.
Bachman spoke up again when in the spring of 2004 Beyer created the position of executive director for institutional advancement with two additional employees. The board approved.
Bachman and other administrators, according to the complaint, “were concerned that the proposals for the new positions ... were unnecessary, ill-timed and financially unsound given the current state of the college’s finances and, further, that the positions had merely been created by David Beyer to give preferential treatment to one of his personally favorite employees.”
About that time, Beyer resigned and Nisson was hired as president.
Bachman spoke against the new positions at a staff budget committee meeting where the administrators agreed to include in their report to the board that the college couldn’t afford new positions.
Then Bachman’s name was left off the contract list and he received a letter of reprimand from Huckins for campaigning against the new institutional advancement position after the board had approved it.
Bachman responded with a letter that the college had broken its policies by not renewing his contract without an explanation or a chance to meet with the board.
Soon after, Bachman said he was told by Nisson he would only receive a new contract if he agreed to request early retirement.
Bachman requested a hearing challenging his reprimand, and Nisson told him the reprimand would be removed from his file because the director of human resources was unable to substantiate the grounds for it.
• You can reach reporter Teresa Williams at 957-4230 or via e-mail at twilliams@newsreview.info.
