June 26, 2013................................ another beautiful summer day in Central Oregon so I (Sandy Joy, OWWII Vice President & Secretary) am in the Deschutes National Forest taking my dog for a walk. Buddy can be off leash and I can enjoy nature, when my cell phone rings.
I let it go to voice mail and will call Dwayne Clark, our bookkeeper, back once I am finished with my walk.
11:37 am : Ring, ring........................a minute later Dwayne calls again, it must be important so I answer.
I let it go to voice mail and will call Dwayne Clark, our bookkeeper, back once I am finished with my walk.
11:37 am : Ring, ring........................a minute later Dwayne calls again, it must be important so I answer.
I advised him to stay in the parking lot and he should call the sheriff. I would call other Board members to come to the office so he wouldn't be there by himself. It would take me about 20 minutes to get to there.
Lewis Petersen was home (he lives on Egret Dr) and agreed to immediately go to the office.
Lewis and Dwayne talked for a few minutes and then Lewis entered the office to ask the ladies, "What are you doing here?" They stated they wanted to look at OWWII records and refused to leave the inner office. They told Lewis they had already called the sheriff.
Why would these ladies call the sheriff, they are the ones "breaking" into the POA office?
The audio was immediately requested but I did not receive a copy until 08/19/13. The election was held 08/10/13 so it was too late to give owners this evidence. The ladies placed a total of three calls to the sheriff.
Lewis Petersen was home (he lives on Egret Dr) and agreed to immediately go to the office.
Lewis and Dwayne talked for a few minutes and then Lewis entered the office to ask the ladies, "What are you doing here?" They stated they wanted to look at OWWII records and refused to leave the inner office. They told Lewis they had already called the sheriff.
Why would these ladies call the sheriff, they are the ones "breaking" into the POA office?
The audio was immediately requested but I did not receive a copy until 08/19/13. The election was held 08/10/13 so it was too late to give owners this evidence. The ladies placed a total of three calls to the sheriff.
<--- Audio from Deschutes County Dispatch, 1 of 3 calls |
Why would Nancy Noble call the sheriff for "assistance" in obtaining financial records?
Our Board never denied a record request from any owner.
Board meetings typically lasted more than two hours so all owners could give input and
have all questions answered.
All of the ladies attended Board meetings in April, May and June,
so they would have received monthly financial documents.
It was unclear what else the ladies wanted to see.
Board meetings typically lasted more than two hours so all owners could give input and
have all questions answered.
All of the ladies attended Board meetings in April, May and June,
so they would have received monthly financial documents.
It was unclear what else the ladies wanted to see.
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<<--- See minutes, financial, etc. from Board meetings.
Beside financial documents, our Board typically handed out copies of bids for projects under consideration to the audience. All owners would discuss the pros and cons and then the Board would vote to award the contract. Dwayne later learned the ladies wanted to see bank statements so we began adding them to the minutes starting with the June 2013 meeting. |
After the 2009 Recall Election I created a Fiscal Year Notebook. ![]()
These notebooks contained lots of information including but not limited to bids & awarded contracts, paid invoices, bank statements, correspondence, etc.
We had never turned down a request for owners to review OWWII records. |
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12:00 pm -- I arrive at the POA office and speak briefly with Dwayne in the parking lot, then I enter the building and proceed to the inner office.
The inner office is not very big (10' x 20') and it contains several filing cabinets, desks, etc. It becomes a very crowded space, especially with seven adults in the room. A 2nd phone call is placed to the sheriff. It is unclear which of the four women placed this call because the 911 operator just keeps saying hello but no one responds.
Why is 911 called ?
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The four women finally exit to the parking lot
but they do not leave POA property,
why not ?
Dwayne, Lewis and I remain in the inner office and I ask if anything is missing. Dwayne looks around and remembers that Lynn Augustine took a confidential legal notebook. This notebook contains privileged correspondence between the Board and the OWWII attorney during the 2010 - 2011 Lynn Augustine v. OWWII lawsuit (see Meeting Minutes for details) |
The only reason I leave the inner office and follow the women to the parking lot
is to recover this legal notebook.
If they had taken other documents; paid invoices, contracts, or bank statements,
those documents could always be replaced but this notebook was unique.
Women's locations once they exit the inner office:
-- Wanda is between the tree and the building. -- Lynn is standing/sitting in the open doorway. -- Ricky is next to the building by the window. -- Nancy is standing next to Ricky. Wanda's car is parked next to the paved sidewalk and I begin to pace back & forth; behind Wanda's car, between the shed and her car, and in front of her car. |
I repeatedly ask the women to return the Augustine lawsuit notebook. The ladies pretend they do not know what I am referring to but in the Haug deposition (page 44, & page 64) Wanda clearly knows the notebook should not have been removed from the office. ![]()
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I hope the sheriff will arrive soon because
I don't want the legal notebook to leave OWWII property.
The ladies place a 3rd phone call to sheriff |
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Deschutes County Deputy Wall -- Incident Report
We immediately request a copy of the incident report ( 06/27/13 ) but did not receive it until 07/30/13. |
Wanda tells the 911 dispatch operator, "(Sandy) is extremely loud and she (Sandy) is also very, very intimidating." (13:57 on the 911 audio recording, see incident report, and Haug deposition page 53 )
If Wanda is intimated by me then why does she approach me and put her hand in my face?
Wanda then hits me with a closed right fist,
knocking my glasses off my face, into the dirt 10' away
In the May 15, 2014 court hearing,
Lynn Augustine testifies
that she sees my glasses fly off my face,
and Nancy Noble testifies
that she picks my glasses up out of the dirt.
knocking my glasses off my face, into the dirt 10' away
In the May 15, 2014 court hearing,
Lynn Augustine testifies
that she sees my glasses fly off my face,
and Nancy Noble testifies
that she picks my glasses up out of the dirt.
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Wanda then attempts to hit me with her left fist but I see it coming this time and grab both of her forearms. Wanda then begins kicking me in the shins, so I let go of her and back up. In the 911 audio and you will hear me say, "oh my God, you hit me!" a couple of times ( 17:37 into the 911 audio recording ) Remember, Lynn is in the open doorway on the phone to 911, less than 15 feet away. |
You DO NOT hear any of the ladies yell,
" Sandy, stop hitting Wanda "
Lynn Augustine continues to calmly talk with the 911 dispatch operator.
Ricky Keller is standing within five feet of Lynn and Nancy Noble is about ten feet away.
Neither say anything.
Wasn't Wanda supposedly being attacked by me ?
What happens next comes as an even bigger surprise................................listen closely and you will hear what can only be described as a "ninja yell." Wanda continues to approach me, holding her hands up like a martial arts fighter and then does two high leg kicks, yelling .................. " Ahyaaa ".................. (17:56 into 911 audio).
I agree it is ...................... unbelieveable !!!
I keep backing up so now I am even with Nancy Noble, who is holding my glasses in her open hand.
I "thank" Nancy for picking up my glasses (18:00 into 911 audio) and then I retreat to the safety of the meeting room where Dwayne and Lewis are talking.................................. I tell the ladies they are all crazy.
All of this happens in about 20 seconds.
I am not the aggressor in this altercation and leave the area as quickly as possible. For some reason neither Ricky, Nancy nor Lynn seemed surprised by Wanda's attack on me...............was it planned ?
According to Wanda's deposition
all four women and several other OWWII owners met for 2.5 hours at Jackie Alden's home that morning to plan how, "to get Sandy Joy removed from the Board." |
( see page 29 - 32 ) ![]()
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Approximately 50 seconds after I retreat into the POA meeting room, a new voice can be heard. Lynn tells the 911 operator that a deputy has arrived on the scene. Deputy Wall was probably driving into the POA parking lot right after the altercation occurred. Deputy Wall describes me as "extremely upset" in his report...... that is an understatement !! |
I was stunned that I had just been attacked by a 71 year old woman
with closed fists and several high ninja kicks.
Thank goodness for the audio recording but it is a shame that it took so long to obtain it. It is also very sad that I never got my day in court to present this impartial evidence.
Dwayne, Lewis and I feel that Deputy Wall was very condescending to us and we were surprised that he didn't even obtain a statement from Lewis Petersen, who witnessed the ladies going through filing cabinets, drawers and documents sitting on the inner office desk. The deputy kept saying, "just give the women the records they want to see." Our question was................... "What specific financial records do they want to see?"
Dwayne, Lewis and I feel that Deputy Wall was very condescending to us and we were surprised that he didn't even obtain a statement from Lewis Petersen, who witnessed the ladies going through filing cabinets, drawers and documents sitting on the inner office desk. The deputy kept saying, "just give the women the records they want to see." Our question was................... "What specific financial records do they want to see?"
Sargent Husband arrived a few minutes later and we showed him the FY Notebooks and the packets of documents still sitting on the audience chairs from the 6/22/13 Board meeting. We explained who Lynn Augustine was and why the legal notebook was so important. He assured us that it would be returned.
While Sgt Husband was speaking with us, we saw Wanda's car leave the parking lot (page 62 of deposition). When Wanda returned, the sheriff instructed her to drive back home and retrieve the legal notebook (see incident report). |
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Sargent Husband advised us that he would write up a report and refer the incident to the DA. We assumed he meant the women would perhaps be prosecuted for "breaking and entering" or "theft of the legal notebook." It took more than 30 days to obtain the incident report and almost 60 days to obtain the audio recording of the incident.
I guess the ladies timed their attack perfectly to get me voted out of office.
What a terrible way to win an election.
We have all seen these "Chicago style tactics" in national or perhaps statewide elections but who would of thought it would be used in little OWWII ?
So..................what would you do if this happened to you ???
The next afternoon (06/27/13) a different deputy came to
my home and served me an Abuse of the Elderly Restraining Order. |
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He informed me Oregon law only allows restraining orders to be issued between family members or people who live together (boyfriend-girlfriend). The only exception is someone who is disabled or someone over 65 years of age. This clause is meant to protect the most vulnerable senior citizens in our society, perhaps in an adult care facility for example, where they may be abused, threatened or harassed by their caregivers.
I do not know Wanda...............................I was on the Board from April 2009 - August 2013 and according to meeting sign in sheets, the first Board meeting Wanda ever attended was February 2013.
I have never spoken to Wanda outside of a Board meeting.
I have never called Wanda on the phone or sent Wanda threatening emails.
I have never driven by her home or harassed her in any way.
The sheriff informed me ....................no proof is needed for the restraining order to be granted. The elderly citizen just goes to the court, fills out the paperwork, and the judge will sign it. Initially the restraining order is for one year but can be renewed by Mrs. Haug simply going to the court and signing a new affidavit. No additional incident or threatening contact needs to occur.
The Restraining Order is entered in a federal database so even if I move out of the area it remains enforceable.
I have volunteered for many different organizations during my lifetime and most organizations now require a background check. I do not think our local elementary school would let me read stories to kids with an Abuse of the Elderly Restraining Order on "my record."
These facts left me no choice....................... so I consulted with our OWWII attorney and he reminded me that our Bylaws require Board members be indemnified. My fellow Board members then voted to hire an attorney for my defense and we even invited Tom Johnson to attend the 2013 Annual Meeting and answer all owner questions. This is not how I wished to spend our valuable funds but Wanda Haug and the Coalition of Concerned Neighbors would not drop the matter.
Tom Johnson, OWWII attorney, gives his legal opinion on why my attorney fees should be paid. See page 14 of the adopted meeting minutes (below). ![]()
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1999 Bylaws 7.7: " Each Director shall be indemnified by the Association against all expenses and liabilities, including attorney fees reasonably incurred or imposed upon them in connection with any proceeding to which they maybe a party or in which they may become involved by reason of being or having been a Director and shall be indemnified against any reasonable settlement thereof; provided, however, there shall be no indemnity if the director is adjudged guilty of willful nonfeasance, misfeasance or malfeasance, in the performance of his duties."
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