Sheriff will not take action on city councilor theft report
By Logan Bagett on Wednesday, August 9th, 2023 in Eastern/Southeast Oregon News More Top Stories
JOHN DAY – Grant County Sheriff Todd McKinley has issued a press release regarding a theft complaint. At a John Day City Council meeting, it was voiced that Councilor Chris Labhart had intentions of filing an ethics report against Councilor Ron Phillips, whom he alleged did not have the proper authority, acting alone, and without permission, to remove a sign from city property. Council President Dave Holland filed a theft report with the Grant County Sheriff’s Office. Find the Sheriff’s response below:
(Press Release from Grant County Sheriff Todd McKinley)
On August 3rd 2023 the Grant County Sheriff’s Office received a theft complaint filed by Dave Holland, the John Day City Council President.
The complaint was in regards to Council member Ron Phillips, and actions he took in July of this year with regards to removal of a sign.
The John Day City Code, Title 10, Chapter 1, Section 10-1-5-2, prohibits “theft as that act is defined by Oregon Statute.” The relevant provisions are found in ORS Chapter 164.
To commit “theft,” a person must act with “intent to deprive another of property or to appropriate property to the person or to a third person[.]” ORS 164.015. State v. Pusztai, 269 Or. App. 893, 897-98, 348 P.3d 241, 243 (2015) (citing ORS 164.015).
John Day City Code Chapter 2 Section 6 – Distribution of Powers states:
“Except as this charter prescribes otherwise and as the Oregon Constitution reserves municipal legislative power to the voters of the city, all powers of the city are vested in the council.”
This aforementioned chapter is referenced by the complainant as the authority to file the complaint, but in the same manner could be construed as giving Mr. Phillips the authority to act as he did.
Based on the definition of “theft”, and information that this issue was already presented at a July 25th 2023 City Council meeting in John Day, the Grant County Sheriff’s Office will be taking no action in this matter and considers it closed and refer it back to the City of John Day Council.
The City will hold a Town Hall and Open House on August 15th, from 6 p.m. to 8 p.m. at the John Day Fire Hall.
