ludlow-smith.jpg

Tootie Smith (left) and John Ludlow celebrate their 2012 election to the Clackamas County Board of Commissioners.

(Motoya Nakamura)

A top-level Clackamas County employee who accused County Chairman John Ludlow of making sexist and racist remarks has accepted a severance payment of $43,775.

An investigator found that Ludlow did make comments that were offensive but that they didn't rise to the level of a hostile work environment.

The employee also accused Commissioner Tootie Smith of turning against him and challenging his professional qualifications and ability after she found out he was gay.

Read the documents

The same investigator found that Smith's conduct did not constitute discrimination.

Among the allegations in the

, Jared Anderson, 35, quoted Ludlow as saying Oregon Rep. Ann Lininger won appointment to the legislative seat vacated by Chris Garrett, because "she does a good job of sticking out her perky titties in people's faces."

Lininger, a former Clackamas County commissioner, said she was not surprised by the comment from Ludlow, but found it offensive.

"Unfortunately, this is the kind of thing we've come to expect from John Ludlow," Lininger said. "My record speaks for itself, but slurs like this are a real problem, whether they are directed against women or people of different cultures or religious groups. Nobody should be treated this way."

Anderson also said that after Smith found out he was gay she tried to undermine him both with his boss and during public board meetings, saying that he and Chris Lyons, the county's two lobbyists, were ineffective.

Smith complained they were too young and couldn't represent the county because they were Democrats, the complaint said. Smith and Ludlow are both Republicans.

Lyons, 33, remains employed with the county.

Smith, who is challenging U.S. Rep. Kurt Schrader in Oregon's 5th District, was not accused of using offensive language toward minority groups or women.

Smith agrees that she said Anderson and Lyons are young and inexperienced, and stands by it.

"I'm just trying to get us some more help. There's nothing disparaging about that, Smith said. "As far as the other stuff, it's a bunch of hooey."

Anderson also said Ludlow violated his privacy by disclosing details about a medical problem that required paramedics to treat him at county offices. He said Ludlow used the incident as political justification for opposing a new contract with American Medical Response, which the board eventually approved.

In his complaint, Anderson recalled conversations in which Ludlow said that the Boston Marathon bombings must have been perpetrated by "a damn A-rab," and guessed that a shooting suspect in Forest Grove was a Mexican.

"Submitting the internal complaint was an extremely difficult and pain-staking decision," Anderson said in a statement. "But I saw no other option to address and resolve what I saw as distressing, highly inappropriate, and possibly illegal behavior."

Ludlow and Smith both received letters saying that county staff will work with them to make sure the county remains a safe place to work. County Administrator Don Krupp said county officials can counsel elected officials on appropriate conduct but don't have disciplinary power over them.

"Employees should feel free to file a complaint along any and all circumstances," Krupp said. "They should feel confident -- whether it's a valid complaint or invalid complaint -- it is going to be dispassionately examined and responded to."

The county hired Portland attorney Dana Sullivan, who specializes in employment and civil rights matters, to investigate the complaint.

After The Oregonian requested a copy of the complaint,

for his remarks.

"While an independent investigator found that none of the alleged statements would have created a hostile work environment, they were embarrassing nonetheless, and I want to apologize to that employee and to any others that were offended by things I have said," Ludlow said. "Some of the alleged statements occurred more than a year ago and my recollection differs substantially from his, but I believe that I should have taken greater care with my words."

Anderson denied going public with his allegations:

"I did not make the allegations public, as alleged by Chair Ludlow in the statement he released. However, I believe that my complaint touches on matters of deep public concern to the residents of Clackamas County, who have an interest in knowing how their representatives carry out the public's business."



Anderson joined Clackamas County in January 2011, and was promoted to a senior policy analyst and lobbyist within a year. He worked for TriMet and the city of Portland before joining the county.



The only employees hired by the board are Krupp and County Counsel Stephen Madkour. However, Anderson's complaint suggests the commissioners also try to influence management of other employees.



At the urging of Smith, the commissioners approved hiring a contract lobbyist to work on certain issues during the next legislative session. This was the culmination of several behind-the-scenes conversations, according to Anderson's complaint.



He said she also lambasted Anderson and Lyons in private meetings because she suspected that as Democrats they were working at cross-purposes with the county's agenda.



Anderson said Smith started criticizing his work in Salem at the beginning of February, shortly after he revealed that he and his husband adopted a 4-year-old son through foster care. She publicly praised his work before that point, Anderson said.

Smith worked for the Oregon Family Council to pass the gay marriage ban, which was recently overturned by a federal judge. She also tried to block a student-initiated Gay-Straight Alliance club from starting at Molalla High School, where she lives.

Smith said she barely talked to Anderson, and dismissed his complaint as a political obstacle.

"I have an important congressional race to win and that's where I'm focusing," Smith said. "This is just another thing in the road you have to take care of when you're a congressional candidate."

Anderson told The Oregonian that he never planned to sue the county or go public with his complaint. "I tried in good faith to address these internally," Anderson said. "I wanted to address internally what I saw as bad behavior."

-- Molly Harbarger