JAMES 1. MANNING, JR. SENATE PRESIDENT PRO TEMPORE DISTRICT 7 OREGON STATE SENATE February 12. 2024 Executive Director Oregon Risk Management P.O. Box 12009 Salem, OR 97309-0009 Risk. management @idas.oregon.gov RE: Request for Information: Dear Oregon Risk Management, ‘The Oregon Legislature passed and adopted SCR 22 during the 2021 Regular Session where we specifically found that the State of Oregon had engaged in pervasive institutional law against an innocent citizen depriving the citizen of rights and privileges guaranteed by both Oregon and Federal law (See Exhibit “A” attached hereto and incorporated herein by reference). ter the foregoing, the Oregon Supreme Court ordered the Conditional Admission of this citizen for an 18-month period which has expired, and the citizen is now unconditionally admitted to the practice of law in this State (See Exhibit “B” attached hereto and incorporated herein by reference). Finally. the Oregon Supreme Court recalled the appellate mandate in a case involving this same innocent citizen. vacated the Qregon Appellate Judgement that had been previously entered (notwithstanding that there was no underlying agency order in which to premise the appellate judgement), but that appellate judgement sat on books as the law for 30 years causing further damage to this citizen (See Exhibit “C” attached hereto and incorporated herein by reference). Now, after having endured 30 plus years of unconstitutional state action which both Chambers of the Oregon Legislature concluded was wrong, and which had no basis in fact or law, the claims of this citizen against the State of Oregon for the egregious damage he and his family sustained. remain unresolved. My question to Risk Management is why?Please provide the legal basis for why the clearly legitimate claims of ths citizen have not been settled and resolved fairly and equitably. Additionally. please provide a copy of the complete ‘laims file including all reports and legal determinations regarding the claims and causes of action that involve this citizen from the inception of this dilemma in May 1987 to date, tn addition, I would like a complete report on how Oregon's Risk Management Agency ass and determines which claims are paid. the amounts that are determined to be paid, the race and/or sex of the claimants and what impact or effect the race or sex of the claimant bears on the claims settlement determination process, We ate particularly interested in whether the race of this citizen has been or is now a factor in why this matter has not been addressed. | look forward to receipt of the foregoing requested information within seven (7) day’ of receipt of this correspondence. If there are any further questions pertaining to this matter, please direct them to my office at your earliest opportunity. ‘Thanking you in advance for your prompt response to the foregoing concerns. | remain; Very truly yours, Tal EeePC, hi; a Finale ates healer 5 Saker CC: Senate President Rob Wagner Senator Floyd Prozanski Chair Senate Judiciary Committee Oregon Risk Management Pg.2regon Department of Administrative Services nese Enterprise Goods & Services | Risk Management P.O. Box 12009 Salem, Oregon 97309-0009 PHONE: 503-373-7475 BAX: 503-373-7337 February 22, 2024 Dear Senator Manning, We have received and reviewed your letter of request and offer the below information. Mr. Parker’s open lawsuits and their status with the courts. The Oregon Department of Justice (ODO) Appellate Division informs us that: In case L181639-01 against former Governor Kitzhaber, briefing is complete and oral argument ‘was held on Sept. 29, 2023. This morning the Court of Appeals affirmed the circuit court's denial of Mr. Parker's motion to set aside the judgment and reinstate his claims. The court held that Mr. Parker's claims did not fall under ORCP 71 B or 71 C and, even if they did, he had signed releases in 1989 which precluded bringing his claims back to life. Attached is the opinion found at 4178691, Opinion - Opinions ~ Oregon Court of Appeals - State of Oregon Law. Library Digital Collection (ocle.org) In case L182343-01 (Ninth Circuit Appeal # 23-35425) against former members of the Oregon State Bar, briefing has been completed. The Ninth Circuit has not set a date for submission/argument. There is no estimated date on when we can expect an opi Ninth Circuit. jon from the ‘The ODOS Trial and Appellate Divisions have been representing the state agencies for these open litigated matters brought by Mr. Parker. ODOJ has carefully evaluated the facts and law for these cases and, as of present, the courts have agreed with ODOJ’s assessments and evaluations. Mr. Parker's claims are beyond the statutes of imitations. Production of Mr. Parker’s claim files and contents. (Open and actively litigated claim contents would be subject to review and release by the ODOJ attorneys representing the cases above. Records of Mr. Parker's closed, litigated claims are older than the six-year retention period and have been purged, Complete report on how Oregon's Risk Management Agency assesses and determines which claims are paid, the amounts that are determined to be paid, the race and/or sex of the claimants and what impact or effect the race or sex of the claimant bears on the claims settlement determination process. We are particularly interested in whether the race of this citizen has been or is now a factor in why this matter has not been addressed. DAS Risk does not record race unless the claim allegation itself is related to race. For instance, an employment claim where there is an allegation of racial discrimination would be recorded as Mission: We support state government to serve the people of OregonFebruary 22, 2024 Page | 2 such. [f DAS Risk were to accommodate the recording of race in its claims processes, it would need to reach out to claimants in every claim and ask for their race or ethni DAS Risk does record sex for the purpose of handling minor children cases, court approved settlement processes and records request exemptions for release of minor information. In addition, DAS Risk records sex as is mandatory for federal reporting, seitlement sign off and lien payments to Medicare regarding bodily injury claims. Each tort claim or litigated tort claim that DAS Risk handles is addressed on its own merits and to that end each is unigue. Tort claim outcomes are determined based on the negligence of the parties to an alleged claim, the facts (as presented by the involved the agency, the claimant, investigated and determined by DAS Risk), verifiable damages, and in the case of claims in federal court reasonable attomey fees. State negligence claims are subject to the Oregon Tort Claims Act (OTCA), ORS 30.260 to 30.300. Ifa claim is found without negligence against an agency, the claim is denied. Ifthe claimant disagrees with denial of a claim, a lawsuit is the next step in the resolution process. At the time a lawsuit commences, ODOJ is the state’s legal team that determines legal steps to undertake. Please let us know if you have questions after reviewing the information provided. Respectfully, Tat pe Shelly Hoffman DAS Risk Manager ‘Mission: We support state government to serve the people of Oregon.