Navickas: No conflict over Mt. A

Incoming councilman Eric Navickas's lawsuit against the U.S. Forest Service over the Mt. Ashland Ski Area expansion will likely not affect his ability to vote on ski area issues, according to the Oregon Government Standards and Practices Commission.

Navickas filed a lawsuit in 2004 claiming the environmental impact statements and record of decision completed by the Forest Service did not adequately assess effects the 71-acre expansion would have on the Middle Branch of the East Fork of Ashland Creek, old growth Engelmann Spruce trees and sensitive species like the Pacific fisher.

In 2007, Navickas will take a seat on the Ashland City Council. Last week, the Mt. Ashland Association announced it requested a special-use permit to operate the ski area from the city. In 1992, the local community bought the ski area after it went bankrupt. The City of Ashland took over the special-use permit to operate the area on Forest Service land.

Tonight, the Ashland City Council will discuss handing over the special-use permit to the association in a closed executive session.

Navickas will not vote until 2007. When he does, Oregon Government Standards and Practices Commission Executive Director Ronald Bersin said, he will likely not be exempt from ski area issues.

"The only time there's going to be a statutory conflict of interest is if there's a financial benefit to the public official," Bersin said.

Bersin heads the state commission that enforces standards and ethics laws. He said public officials should disclose potential conflicts of interest in open meetings before voting on the topic that presents the conflict. In many cases, like Navickas,' Bersin said voters — who elected the official — should already know where he or she stands on certain issues.

"It's really up to the people," Bersin said.

Navickas met with Ashland City Attorney Mike Franell last week. He said he does not believe his participation in a lawsuit against the Forest Service presents a conflict of interest.

"My lawsuit is over NEPA (the National Environmental Policy Act) and procedural violations," Navickas said. "It's also against the Forest Service, not the Mt. Ashland Association, so it shouldn't be a conflict of interest."

Franell was not available for comment Monday.

Bill Little, president of the Mt. Ashland Association, said the city had discussed the issue of a potential conflict of interest but was not pursuing any action to question it.

"Our feeling is that it's an issue that's between Eric and the city," Little said.

Staff writer Alan Panebaker can be reached at 482-3456 x 227 or apanebaker@dailytidings.com.