Records Relating to Charlyn Ellis vs. City of Corvallis

This page contains public records relating to the Charlyn Ellis vs. City of Corvallis litigation and subsequent ruling. Records are listed and linked in chronological order.

Additionally, the Corvallis City Attorney has provided a summary of Judge Aiken’s ruling, which is provided at the end of this page after the list of documents.

Precipitating Events

2023-09-13 Climate Action Advisory Board Meeting Video. (link)
2023-09-13 Climate Action Advisory Board Minutes. (link)
2023-09-13 Climate Action Advisory Board Transcript. (link)
2023-09-15 – 2023-09-18 Emails re: 2023-09-18 City Council Meeting. (link)
2023-09-17 Ellis email re: motions planned for 2023-09-18 City Council Meeting. (link)
2023-09-18 City Council Meeting Minutes. (link)
2023-09-18 City Council Meeting Transcript. (link)
2023-09-18 City Council Meeting Video. (link)

Materials and Events Leading up to the Due Process Hearing

2023-11-29 Resolution Declaring a Vacancy for Ward 5 Council Position (originally published for the 2023-12-04 City Council Meeting Packet). (link)
2023-12-01 City Press Release regarding 2023-12-04 Council Meeting Agenda update. (link)
2023-12-01 Draft Resolution Regarding a Violation of Charter Section 12(f) and Declaring a Vacancy in the Ward 5 Council Position. (link)
2023-12-05 Declaration from Maughan, Yee, Lytle, Shepard, Brewer. (link)
2023-12-06 Letter to Ellis scheduling due process hearing. (link)
2023-12-18(a) City Council Meeting staff report due process hearing reschedule and information. (link)
2023-12-18(b) City Council Meeting Transcript. (link)
2023-12-18(c) City Council Meeting Video. (link)
2023-12-22(a) Letter to Ellis rescheduling due process hearing. (link)
2023-12-22(b) Letter to City requesting continuance. (link)
2024-01-02 Email regarding hearing procedures. (link)
2024-01-08 Letter from former representatives. (link)
2024-01-09 City Manager Memo on background, information, and context for the Council’s due process hearing. (link)
2024-01-22 City Due Process Hearing Memorandum. (link)
1988-2020 City Memoranda. (link)

Federal Case Records

Civil Docket for Case #: 6:24-cv-00205-AA. (link)
2024-01-31(1) Notice of Removal of Case Number 24CV03484 from Benton County. (link)
2024-01-31(2) Notice of Case Assignment to Judge Ann L. Aiken and Discovery and Pretrial Scheduling Order. (link)
2024-02-01(3) Exhibits Exhibit 2 re Notice of Removal, 1. (link)
2024-02-13(4) Case Management Order. (link)
2024-02-13(5) Scheduling Order. (see Civil Docket for details)
2024-02-13(6) Answer to Complaint following a Notice of Removal. (link)
2024-02-20(7) Joint Status Report. (link)
2024-02-22(8) Notice of Association of Attorney of Amanda Reilly, Kenneth S. Montoya appearing on behalf of All Defendants. (link)
2024-02-22(9) Telephonic Status Conference held before Judge Ann L. Aiken. (see Civil Docket for details)
2024-03-07(10) Motion for Summary Judgment. (link)
2024-03-07(11) Declaration of Kerry Shepherd with exhibits. (link)
2024-03-24(12) Proposed Joint Case Management Schedule. (link)
2024-03-26(13) Scheduling Order. (see Civil Docket for details)
2024-04-06(14) Notice of Association of Attorney of Jesse Buss, Thomas M. Christ appearing on behalf of All Plaintiffs. (link)
2024-04-11(15) Motion for Summary Judgment and Response to Defendant's Cross−Motion. (link)
2024-04-11(16) Declaration of Charlyn Ellis in support of Plaintiff's Motion for Summary Judgment. (link)
2024-04-11(17) Declaration of Jesse A. Buss in support of Plaintiff's Motion for Summary Judgment. (link)
2024-05-02(18) Reply In Support Of Motion For Summary Judgment, And Opposition To Plaintiff’s Cross-Motion For Summary Judgment. (link)
2024-05-02(19) Declaration of Mark W. Shepard P.E. (link)
2024-05-02(20) Declaration of James K. Brewer. (link)
2024-05-16(21) Reply to Motion for Summary Judgment and Response to Defendant's Cross−Motion. (link)
2024-06-06(22) Notice of Attorney Withdrawal: Jordan Pahl. (link)
2024-10-18(23) Notice of Association of Attorney of Kelsie Gene Crippen appearing on behalf of City of Corvallis. (link)

Outcome and Concluding Events

2025-01-10(24) Judge Aiken Opinion and Order (Preliminary Injunction). (link)
2025-01-10(25) Judge Aiken Opinion and Order (Motion for Summary Judgment). (link)
2025-01-10(26) Judge Aiken Judgment. (link)
2025-01-24(27) Notice of Settlement Filed by All Plaintiffs. (link)
2025-01-30 Mutual Release and Settlement. (link)

Corvallis City Attorney Summary of the Ruling

The Court concluded that the “Influence” and “Discussion” clauses of Section 23(f) in the Corvallis City Charter are unconstitutional restrictions on speech under both the state and federal constitutions. The Court also determined that the City’s attempt to enforce the unconstitutional provisions based on Councilor Ellis’s speech was retaliation for the speech. Because the Court determined the clauses are unconstitutional on their face, the Court did not analyze whether the provisions were unconstitutionally applied to Councilor Ellis’s particular speech. The Court also declined to decide whether Councilor Ellis’s conduct violated the provisions in the first place.

In the opinion, the Court used the strictest tests for regulations of speech under both constitutions, relying on the terms “by suggestion or otherwise” and “discuss” in Section 23(f). Under those strictest tests, laws that target specific speech are presumptively unconstitutional. By contrast, courts apply a less rigorous free speech test for both constitutions when analyzing regulations that are not directed at speech itself but rather focus on prohibited effects. The opinion thus does not affect charter provisions that do not directly target speech but that prohibit the undesired effect of influencing or coercing a city manager in the making of an appointment, such as the coercion clause in LOC’s model charter.

Budget Impact

As of February 4, 2025, the City of Corvallis has paid its attorneys (Brewer Coulombe PC, Beery, Elsner & Hammond LLP, and Markowitz Herbold PC) $232,797.68 in relation to the Ellis vs. City of Corvallis matter. Additionally, the City of Corvallis anticipates paying an insurance deductible of approximately $109,000 to cover Charlyn Ellis’ attorney fees.