By QUINTON SMITH/YachatsNews.com
At least four residents in the Yachats Rural Fire Protection District have filed complaints with the Oregon Elections Division alleging that statements by newly-elected fire board member A’lyce Ruberg in the Lincoln County voter’s pamphlet in May were lies.
This follows a vote by the Oregon State Board of Nursing earlier this month to fine Ruberg $5,000 for stating in the voter’s pamphlet that she was a registered nurse and had an advanced degree in nursing. She does not.
Oregon law prohibits anyone from practicing nursing or indicating they are a nurse without a state-approved license.
Ruberg was elected to the Yachats fire board in May after winning a three-way race for a four-year position. She was the only candidate to file a statement in the county voter’s pamphlet. In it, she said she was a registered nurse, had a master’s degree in nursing from Regent University, and had emergency medical and supervisory experience with fire agencies in California.
In fact, the nursing board investigators found in investigations that her only medical education was 10 months of classes at a for-profit college, had lied on several applications to work at a Lincoln County hospital, did not disclose her criminal history in California, and had provided EMT license numbers to the state that did not belong to her.
But the nursing board’s actions do not affect Ruberg’s standing on the Yachats fire board.
The other state agency with jurisdiction in this issue – the Oregon Elections Division – had only received an anonymous letter contending Ruberg was not a nurse. That letter was passed along to the state by the fire district.
But the elections division does not investigate anonymous complaints, only those from registered voters in the district where the allegations occur.
That changed the past 10 days with the filing of at least four separate complaints by Yachats residents based on Ruberg’s voter’s pamphlet information, a 2017 state denial of her nursing license application, the Oct. 9 proposed fine by the nursing board, and stories on YachatsNews.com.
It is a class C felony to make false claims on portions of the state or county voter’s pamphlet relating to occupation and education.
But if the state finds that Ruberg violated that law, it can only propose a fine or other penalty. It cannot remove her from office.
“I think what people want to know is that if we find someone in violation do we remove them from office,” Elections Division director Steve Trout told YachatsNews on Thursday. “The answer is no.”
The only recourse members of the public have is a recall election, which would require collecting signatures of voters in the district then holding an election.
The Yachats fire board has no policy for removing a member from office. It also does not have a policy for dealing with chronic absenteeism by board members.
Since taking office in July, Ruberg has attended just two of eight board meetings – including one Thursday morning.
Ruberg said afterwards that she has no intention of resigning from the board and that health issues had prevented attendance since July. She used a motorized scooter to attend Thursday’s meeting.
As for the fine by the nursing board or investigation by the elections division, she simply said “We’ll see where it goes.”
The only Yachats board member who appears publicly frustrated with the issue is Donald Tucker, who was also elected in May. Tucker is also chair of the Southwest Lincoln County Water Public Utility District, which serves the area between Yachats and Waldport.
Tucker said PUD’s like Southwest Lincoln have a method where boards can deal with chronic absenteeism. Laws governing special service districts like Yachats Fire, do not.
Tucker told the board Thursday that the only way to change that is through the Oregon Legislature and would affect all special service districts in the state.
Wow. I am shocked. She needs to go.