Port of Astoria Executive Director Peter Gearin intends to file a tort claim against the Port and its commissioners for statements made by Commissioner Larry Pfund that were printed in The Daily Astorian.

Gearin’s letter of intent says his claims are “based upon infliction of extreme emotional distress and defamation.”

A copy of the letter was provided to The Daily Astorian after a special Port work session, held Wednesday morning to address “media relations.” It was followed by an executive session where the Port addressed litigation likely to be filed.

After the meetings, Pfund said he thinks Gearin’s intent to press charges against the Port offers an insight into his personality.

“I look at it as a window into his character,” said Pfund. “It shows me he has no loyalty to anyone, even the Port. If I’m wrong, it will come out in court. It’s all being investigated.”

Commission responds to articlesDuring the work session, Gearin and commissioners shared their opinions of the special investigation published by The Daily Astorian Jan. 19 to Jan. 24 and discussed how to respond. The articles presented details on the agency’s dredging violations of 2005, former commissioner Glenn Taggart’s business on Port property, the Port’s finances and the departure of former Deputy Director Bill Cook. The series also included statements from Pfund about his reasons for wanting to fire Gearin.

“We need to develop a strategy to deal with this kind of thing,” Gearin said at the onset.

Most commissioners agreed the Port should focus on its accomplishments rather than attack the newspaper for the articles. Pfund said he wished the commission would be more open with the public about its problems.

“We’re supposed to be overseeing the Port,” he said. “…We’ve turned a blind eye to the public.”

Gearin said the Port has designed an advertisement that explains what has been accomplished at the Port in the past seven years, including job creation, and has scheduled events with local groups to distribute information. He said the Port will also consider holding press conferences on the agency’s future plans and the complexities of dredging rules.

The Port had prepared a rebuttal letter to The Daily Astorian investigation and intended to run it as an advertisement in the newspaper.

Commissioner Jim Bergeron said he was angry when he read the articles, but he had since changed his mind about running the letter.

“I really think what we want to do is explain in a positive way what the board is doing,” said Bergeron. “…I don’t think the stories were told properly in the paper.”

Gearin said he agreed with Bergeron that the rebuttal should not run and the Port should “just ignore what’s happening (in the press).”

“I’m thinking we should just ignore it,” said Commissioner Bernie Bjork. He suggested individual commissioners write letters to the editor with their own responses.

Staff, commissioners disagreeGearin said he still has problems with the newspaper. He said he has shared concerns with the paper’s management about “the way the paper presents things” and believes the paper has neglected to correct inaccuracies after he’s pointed them out. He said the paper didn’t publicize the Commission’s Wednesday meeting, though the Port sent a meeting notice.

Bjork said he had his own issues with the newspaper regarding editorial content on commercial fishing issues.

Commissioner Dan Hess said he agrees with a statement he heard recently: “It’s really hard to argue with somebody that buys ink by the barrel.”

The Port has “visual proof” of all the good work it has done, said Hess. “People can drive by and take a look.”

“No matter what anybody says, I think we’re headed in the right direction,” he said. He suggested the Port give critics “the cold shoulder.”

Pfund said he believes Gearin was a part of the Port’s success, but he has “lost his way.” Now commissioners are “watching Rome burn” by not doing anything about it.

“For the most part, I think every bit of this is going to stand the test of time,” said Pfund. “It’s all going to be investigated thoroughly.”

If the Commission finds out Gearin broke the law, he can be fired and won’t receive benefits, Pfund said.

He said he wishes the Commission would be more open with its business. He cited the example of Gearin’s probation period and asked why commissioners were so quiet about it.

Bergeron said the Commission’s action to impose sanctions on Gearin was announced in the newspaper in keeping with laws on personnel matters.

Port Council Heather Reynolds explained that Port employees’ personnel records are exempt from public disclosure, as are documents that detail employees’ medical history.

Pfund said in that case, Gearin should not have written a memo to commissioners that included the medical history of former deputy director Cook. He said the memo was not marked confidential when he received it.

“That shouldn’t have happened, right?” Pfund asked Reynolds.

“That would be correct,” said Reynolds.

What about dredging?One of the issues that needs to be better explained to the public is the Port’s difficulty with dredging, said Commission President Don McDaniel.

The agency is caught in an “extremely technical” dilemma with the conflicting directives of the U.S. Army Corps of Engineers and the National Oceanic and Atmospheric Administration, said Gearin.

McDaniel said the key to finding a solution is to get all the agencies together to discuss the issue, but the Port might also solicit congressional involvement.

“We need to ask these agencies what we have to do to take care of the past and move into the future,” he said.

Bergeron said he might be able to calculate how much DDT goes into the river from Corps dredging compared with the Port’s dredging to put things in perspective for the federal agencies.

Bergeron and Gearin have been working to find an alternative to dredging. They’re looking into how the Port might flush unwanted sediment away from the piers and marinas instead of digging it out of the riverbed.

The commission instructed Gearin to line up radio broadcasts and some advertisements to get information out.

Taggart, Gearin defendedBergeron said there was “nothing solid” in the articles about Taggart, and he was very unhappy about the way the stories were written.

McDaniel said the Port and Gearin were right in their treatment of developer Floyd Holcom, who claims he was shunned by the Port after proposing a project at 37th Street in Astoria.

Pfund said he has looked into the matter, and he still believes Holcom should have been allowed on the Commission’s agenda.

Bergeron said he doesn’t understand why some people think they need special time to talk to the Commission. They can always speak at the public comment session, he said.

Pfund said there are still some problems with the Taggart building on Pier 1. The Port has already begun moving into the building and key items such as shower doors and laundry hookups are not in place.

“We promised a lot of things to marina tenants when we raised their rates,” he said. “Why are we moving into a building when it’s in that condition?”

He asked Gearin if the Port had started paying rent to Taggart yet.

Gearin said no, the Port hasn’t made a rent payment. He said the Port has begun moving into the building.

Pfund said Gearin had underestimated the length of time the fuel system would be non-operational and he thinks not having fuel available to boat owners for a year is an indication of poor management.

Gearin said the recent delay was due to a complication with the contractor ordering a special electrical board.

McDaniel said it is “unfortunate” that the fuel system isn’t online, but it doesn’t prove poor management to him.

Bjork said it takes time to work out the kinks in all new buildings.

“I think you’re just nit-picking,” he told Pfund.