Law Offices of Daniel SnyderATIORNEYS AT LA W

1000 SW BROADW AY SUITE 2400

PORTLAND, OREGON 97205TELEPHONE (503) 241-3617 FAX (503) 241-2249

www.lawofficeofdanielsnyder.com

February 15,2012

Via email: phillipslaw@rconnects.comAnd US mail

Dean PhillipsGeneral Counsel, Clackamas River Water DistrictPhillips Law OfficePO Box 510Eagle Creek OR 97022

Re: My clientYour client

Vance E. VoylesClackamas River Water District; Commissioner PatHolloway; Commissioner Grafton SterlingWithin last 180 days under Oregon lawClackamas River Water District, 16770 SE 82ndDrive, Clackamas, Oregon 97015During normal business hours and after work

DatesLocation

Time

TORT CLAIM NOTICEDear Mr. Phillips:

By way of introduction, I represent Vance E. Voyles. I am sending you this letter,a tort claim notice, at the direction of attorney Amy Angel who currently represents theClackamas River Water District in litigation against Commissioner Pat Holloway. Ms.Angel said that she conferred with you on February 8, 2012 regarding the tort claimnotice of Vance Voyles and that you said I should send the tort claim notice to youdirectly.

I regret that Mr. Voyles's situation with Clackamas River Water District hasreached the point that I must send you a tort claim notice on his behalf. Mr. Voyles hasclaims of discrimination and 'retaliation for whistleblowing against the Clackamas RiverWater District under Oregon Law (ORS 659A.199; ORS 659A.230). Mr. Voyles hasclaims against Commissioner Holloway and Commissioner Grafton Sterling pursuant to42 USC Sec. 1983 and under Oregon law for aiding and abetting discrimination.

FACTS

My client, Vance Voyles, is a long time employee of the Clackamas River WaterDistrict (CRW). He has worked for CRW since 1987. He is employed as aProcurement/Conservation Coordinator.

On or about June 2007, Commissioner Patricia Holloway was newly elected tooffice and provided Mr. Voyles with a voice recorder. She instructed Mr. Voyles to takethe recorder to work, to keep the recorder running during work hours, and to secretly

Re: Vance VoylesFebruary 15, 2012Page 2

record conversations with other employees without their knowledge. Mr. Voylesdeclined to do this and returned the recorder to Commissioner Holloway.

In the summer of 2008 while attending one of several barbeque dinner parties atthe residence of Commissioner Patricia Holloway, Ms. Holloway told Mr. and Mrs.Voyles that in the CRW emails that she had acquired, she had come across an email of aCRW employee that had an attachment that was a medical message from the employee'spsychiatrist. Mr. and Mrs. Voyles expressed no interest in this information and acceptedno documentation of it.

On or around May 2008, Commissioner Patricia Holloway gave Mr. Voyles apackage containing CD disks. He did not know what was on the disks at the time.Mr. Voyles later found out that these disks contained recordings of Executive Sessions ofthe Clackamas River Water Board (CRW).

On or around September 15,2010, Commissioner Holloway called Mr. Voylesand said that she had documents related to a personnel issue for which he had beenpreviously disciplined. Commissioner Holloway offered to give the documents to Mr.Voyles. Commissioner Holloway said that certain Board members would be attemptingto have him fired and that these documents would be important. Mr. Voyles declined toaccept these records from Commissioner Holloway. Shortly thereafter, Mr. Voylesinformed CRW General Manager Lee Moore about this incident and provided him withall documents that had been given to him by Commissioner Patricia Holloway.

On or around mid-November 2010, Lee Moore, CRW General Manager, filed ormade a criminal complaint against Commissioner Holloway with the Clackamas CountySheriff's Office for violating state and federal laws related to interception ofcommunications (ORS 165.543 Interception of Communications and USC Title 18,Chapter 119 Wire and Electronic Communications Interception and Interception of OralCommunications). This complaint was based on the records that Mr. Voyles had returnedto Clackamas River Water. Mr. Voyles was then interviewed by the Clackamas CountySheriff's Office. He provided the Sheriff's Office with a statement during an interview,which was recorded and signed. The Clackamas County Sheriff's Office has turned therecords and transcripts of recordings over to the Clackamas County District Attorney'sOffice. Commissioner Patricia Holloway is resultantly under criminal investigation.

On February 15,2011, CRW through Lee More made an ethics complaint to theOregon Government Ethics Commission about Commissioner Holloway. This complaintis a public document that was circulated to the Board. The complaint included mattersfrom the documents that Mr. Voyles had received from Ms. Holloway but had returned toLee Moore, the General Manager of Clackamas River Water District.

In 2011, the CRW Board made the decision to file an injunction againstCommissioner Holloway and former Commissioner Warren Mitchell, which sought areturn of exempt materials that they possessed. That lawsuit is entitled Clackamas RiverWater Board v. Patricia Holloway and Warren Mitchell. The decision was largelypredicated upon documents that Mr. Voyles had received from Commissioner PatHolloway and returned to Clackamas River Water.

Re: Vance VoylesFebruary 15, 2012Page 3

On March 17, 2011, David Blair, Commissioner Patricia Holloway's spouse,posted on OregonLive.com under the pen name "heavenlydaize." Mr. Blair wrote, "[T]heBoard Majority has refused to investigate or discipline either Moore or Voyles for theinjudicious and possibly illegal release of this sensitive information." Mr. Blair alsoposted, "According to insiders, Voyles has always been a deadbeat who takes a couplehours every day to run out and deal with his personal pizza business. More [?] waste thatMoore abets."

During CRW executive session board meetings in May 2011, Commissioner PatHolloway addressed the Board about Mr. Voyles. Commissioner Holloway argued forMr. Voyles' discipline and termination based on allegations forwarded by formercommissioner Warren Mitchell.

On or around early May 2011, Commissioner Grafton Sterling, an employer ofCommissioner Holloway and Secretary of a Clackamas County Community PlanningOrganization for which Commissioner Holloway is Chairperson, decided to run forelection at CRW. Commissioner Sterling approached Mr. Voyles at his business Zappo'sPizza with a request that Mr. Voyles assist him with his candidacy. He stated that ifelected, he would be "doing what Pat wants." Commissioner Sterling also requestedinformation about what Mr. Voyles knew in regards to the complaints and activities ofCRW against Commissioner Holloway. Mr. Voyles declined to assist CommissionerSterling with his request for election support and he appeared disappointed.

On May 17,2011, former Commissioner Warren Mitchell sent a letter to theCRW Board of Commissioners and an Oregonian reporter falsely stating that Mr. Voyleshad released sensitive medical information about a co-worker.

On May 23,2011, former Commissioner Warren Mitchell Jr. attempted to readhis assertion into the record at the CRW Regular Board Meeting, seeking that disciplinaryaction be taken against Mr. Voyles. CRW Board President, Commissioner Kami Kehoe,did not allow former Commissioner Mitchell to read the letter, but he did distribute theletter to be included in the public record.

On or around early June 2011, Commissioner Elect Grafton Sterling tried tocontact Mr. Voyles again. Commissioner Sterling spoke with Peggy Voyles, Mr. Voyles'wife. His statement made her feel uncomfortable. Commissioner Sterling was raising hisvoice and his demeanor was aggressive. Commissioner Sterling was defensive ofCommissioner Holloway in the discussion regarding Holloway's behavior and activities.Mr. Voyles arrived as Mr. Sterling was berating his wife and finished speaking withCommissioner Sterling.

On or around early June 2011, Commissioner Sterling called Mr. Voyles and saidthat he could have used Mr. Voyles' help on his campaign and that he was going to becoming into CRW to find out what Mr. Voyles actually does in his employment, which isProcurement and Conservation. After this exchange, Mr. Voyles approached the CRWGeneral Manager, Lee Moore, and reported Commissioner Sterling's threats.

Re: Vance VoylesFebruary 15, 2012Page 4

On or around mid-June 2011, Commissioner Elect Grafton Sterling again spokewith Peggy Voyles. He said, "I'm going to do everything I can to help Vance keep hisjob." Peggy Voyles found this distressing and stressful.

On June 20, 2011, Commissioner Pat Holloway sent an e-mail to Gary Schelske, aClackamas River Water employee and Union Shop Steward, and the CRW Boardrequesting that Mr. Voyles be disciplined.

On July 5,2011, at the request of Clackamas River Water Board's attorney, PaulaBarran, Mr. Voyles submitted an affidavit in support of the CRW action for an injunctionfiled against Commissioner Holloway and Warren Mitchell. The affidavit includedreference to the records that Mr. Voyles had turned in to CRW from CommissionerPatricia Holloway. A copy was provided to Commissioner Holloway's attorney asspecified in the certificate of service.

Commissioner Holloway's spouse, David Blair, posted comments onlinefollowing editorial pieces appearing in the Clackamas Review and Oregon Live statingMr. Voyles had engaged in criminal behavior and that Mr. Voyles "was toast."

WITHIN LAST 180 DAYS

On September 8,2011, Commissioner Holloway, during the CRW Regular Boardmeeting, requested that Mr. Voyles' job responsibilities of Conservation Coordinator be"outsourced." The meeting was open to the public.

On November 22,2011, CRW Commissioner Patricia Holloway threatened toorchestrate with her associates a public discussion of accused wrongdoings of VanceVoyles.

On February 8, 2012, Commissioner Patricia Holloway and CommissionerGrafton Sterling made false statements in a public board meeting about Mr. Voyles.Commissioner Holloway said that Mr. Voyles had released sensitive employeeinformation. In the same meeting, Commissioner Sterling asserted that Mr. Voyles hadinappropriately dispensed CRW information, stating that in the spring of 2011, Mr.Voyles gave him paper records.

CONCLUSION

Please correspond directly with the undersigned about this claim and not with myclient. My email addressisdansnyder@lawofficeofdanielsnyder.com. My telephonenumber is 503-241-3617. My address appears in the letterhead.

Sincerely,

Is/Daniel Snyder

Daniel SnyderDS:mlh

Re: Vance VoylesFebruary 15,2012Page 5

Cc: Vance E. Voyles (via email)