HEPPNER — Morrow County is facing a lawsuit from its former county administrator.

Darrell Green seeks $25,000 plus reinstatement as county administrator or $750,000, including $500,000 in noneconomic damages, claiming the county wrongfully terminated his employment and violated Oregon public meetings law in the course of the termination.

The Morrow County Board of Commissioners on June 28 voted 2-1 in a public meeting to terminate Green’s employment. According to the pleading, the county fired Green because of his relationship with his wife, Debra Green, who still works in the county public health department.

Darrell Green at the meeting said, “I’m struggling to understand why I’m sitting here.” And after the meeting he again said he did not understand what his termination was about.

But documents in the lawsuit show the county on May 25 gave the Greens 30 days to decide which of them would resign after an investigation sustained allegations that Debra Green engaged in misconduct and Darrell Green criticized his wife’s supervisor after they had a work conflict.

Morrow County hired Darrell Green as the county administrator on Nov. 27, 2017, and hired Debra Green in December 2018 in the public health department. Darrell Green became the interim public health director from late November to late December 2020, when the county hired Nazario Rivera as its public health director.

Darrell Green in the pleading claims except for that monthlong span, he did not supervise his wife, and even during that period he “never actually exercised supervisory, appointment or grievance authority” over her. He removed himself as the public health administrator in April 2021 to avoid potential conflict of interest as a result of his wife’s employment and turned over those duties to Rivera.

The Greens in May 2021 entered into a nepotism compliance agreement, stating they were in compliance with county policy regarding the employment and supervision of relatives, would avoid favoritism and Morrow County District Attorney Justin Nelson would review matters involving Debra Green.

According to the pleading, Darrell Green on Aug. 4, 2021, met with Rivera to discuss two serious concerns — an allegation from that July about a nurse in the public health department falsifying notes on a medical chart and about a complaint against the department for a lack of protocols to handle people who came to a public office when displaying COVID-19 symptoms.

Rivera the next day complained to the Morrow County Human Resources director that Green retaliated against him for giving Debra Green a verbal reprimand.

The county notified Darrell Green on Dec. 15, 2021, there would be an investigation into the public health department.

The county’s outside investigator interviewed Green in March 2022, and on April 13 the county informed Green the investigator concluded he had retaliated against Rivera at the meeting in August 2021 because of the reprimand of his wife.

Morrow County commissioners in the spring received the investigative report, which also concluded Green violated the nepotism agreement.

Green’s pleading includes a copy of the May 25 letter from Bruce Bischof, labor attorney for Morrow County.

That letter states the investigation into the county health department sustained allegations that Debra Green “made disrespectful and derogatory comments in the workplace” about Rivera and “engaged in disrespectful and confrontational behavior toward another county employee.”

Commissioner Jim Doherty said Rivera in a public letter explained he left county employment on his own terms due to the degradation.

Bischof in his letter also stated Debra Green’s conduct violated the county’s “No Bullying Policy,” and the investigation found Darrell Green “has exhibited a pattern of interfering with performance management efforts directed toward” his wife.

Bischof reported “a lack of professionalism and inappropriate communication” were issues for Debra Green as far back as her probationary period in 2019, which resulted in the county placing her on a performance improvement plan.

“Previous efforts to correct Deb’s conduct have been unsuccessful, in part because of Darrell ‘s involvement in Deb’s personnel matters,” Bischof stated. And concerns about Darrell Green’s interference prompted the nepotism compliance agreement.

“Unfortunately, the 2022 investigation findings show that not only is Deb continuing to engage in misconduct,” Bischof stated, “but the nepotism compliance agreement is not having the desired effect.”

The investigation found county public health employees had concerns about nepotism between the Greens, that Debra Green’s dislike for an employee could affect their career opportunities with the county.

“It has become evident that it is no longer feasible to have you both working for the county,” Bischof stated in the letter.

The county then gave the Greens 30 days to decide which would resign.

Neither did, which led to the June 28 meeting when Doherty and Commissioner Melissa Lindsey voted to fire Green, and Commissioner Don Russell voted not to. That vote also led to recall efforts against Doherty and Lindsey, who is serving out the rest of her term after a narrow defeat in the May primary.

Doherty said CIS — Citycounty Insurance Services — handled the investigation and is handling the lawsuit. CIS informed him about the lawsuit Thursday, Sept. 1, and reported it went through the investigation again and determined the county made the correct move in firing Green. Beyond that, Doherty said he could not comment on the lawsuit.