DAVID LANDRUM, Oregon State Bar ID Number 955425

Senior Deputy City Attorney

Email: david.landrum@portlandoregon.gov

DANIEL SIMON, OSB No. 124544

Assistant Deputy City Attorney

Email: dan.simon@portlandoregon.gov

Office of City Attorney

1221 SW 4th Avenue, Suite 430

Portland, OR 97204

Telephone: (503) 823-4047

Facsimile: (503) 823-3089

Attorneys for Defendants

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

JOSEPH WALSH, 3:15-cv-01666 SI

PLAINTIFF,

v.

DECLARATION OF BRYANT ENGE

(In Support of Defendants' Motion for

BRYANT ENGE, CHARLIE HALES, Summary Judgment)

CITY OF PORTLAND,

DEFENDANTS.

I, Bryant Enge, declare as follows:

1. I am the Director of the Internal Business Services for the City of Portland's

Office of Management and Finance (OMF). I was appointed to this position on February 21.

2012.

2. My responsibilities include directing the operations of the City's Bureau of

Internal Business Services, which includes facilities services, fleet services, risk management

and centralized printing and distribution functions.

3. Under PCC 3.15.020, attached as Exhibit A, OMF, through the OMF Bureau of

Internal Business Services, has the authority to manage city owned property assigned to OMF

Page 1 — DECLARATION OF BRYANT ENGE

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM 430

PORTLAND, OREGON 97204

(503) 823-4047

Case 3:15-cv-01666-SI Document 19 Filed 10/30/15 Page 1 of 6
property management and administration. Part of that function includes development and to

enforce rules of conduct for city buildings. PCC 3.15.020 also provides that Persons in Charge

may exclude any person who fails to comply with the Rules of Conduct for City buildings.

4. Pursuant to Portland City Code 5.36.115 (Ordinance No. 161538), attached as

Exhibit B, each Commissioner in Charge is authorized to designate persons in charge of City

property within that Commissioner's assigned bureaus and departments.

5. Mayor Hales is the Commissioner in Charge of properties under the management

of the Office of Management and Finance, including the interior and all exterior areas

surrounding City Hall, the Portland Building, 1900 Building, and PDC Union Station.

6. On January 1, 2013, Mayor Hales specifically delegated to me and Jack Graham

authority to develop and enforce "Rules of Conduct" for City properties under OMF

management, including City Hall. This authority also included enforcement of the "Rules of

Conduct" by means of exclusions from City of Portland properties for various periods of time.

7. Attached to this Declaration as Exhibit C is a true and correct copy of Mayor

Hales' January 1, 2013 memorandum to Jack Graham and Bryant Enge regarding Delegation of

Authority effective January 3, 2013.

8. Pursuant to City Code 5.36.116 (Ordinance No. 16538), the Mayor also

designated me as a "person in charge" for purposes of excluding persons from City owned

facilities.

9. Attached to this Declaration as Exhibit D is a true and correct copy of the

Certificate of Authority to Act as a Person in Charge of City of Portland Premises, effective

January 3, 2013.

10. The "Rules of Conduct for City of Portland Properties" were revised effective

August 12, 2013.

Page 2 — DECLARATION OF BRYANT ENGE

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM 430

PORTLAND, OREGON 97204

(503) 823-4047

Case 3:15-cv-01666-SI Document 19 Filed 10/30/15 Page 2 of 6
11. Attached to this Declaration as Exhibit E is a true and correct copy of the "Rules

of Conduct for City of Portland Properties" effective since August 12, 2013.

12. These Rules are posted in the windows next to the public entrance to City Hall.

13. Attached to this Declaration as Exhibit F is a true and correct photograph

depicting the Rules of Conduct for City of Portland Properties as posted in the windows of City

Hall.

14. An abbreviated list of rules for Portland City Hall is posted inside the public

entrance to City Hall on 4th Avenue.

15. Attached to this Declaration as Exhibit G is a true and correct photograph

depicting the abbreviated rules posted inside the doors of City Hall's public entrance.

16. Rule number 5 states: "No person shall engage in conduct that disrupts or

interferes with the normal operation of administration of City business ...."

17. Rule number 6 provides:

"No person shall disobey the reasonable direction of a City employee, law enforcement,

person in charge or security officer. A direction is reasonable if it directs a person to

obey, or to cease a violation of any law, rule or regulation applicable in the City Building,

or if it is otherwise reasonably related to protection of health, welfare or safety of the

person or of any other person in the City Building or the prevention of damage to

property, or if it is reasonably necessary to preserve the peace or to prevent the disruption

of any activity or permitted event in the City Building.

18. On September 10, 2014, Mr. Walsh attended the City Council meeting to observe

and provide public testimony. At the beginning of the meeting the Mayor informed all present of

the ground rules and courtesy expectations for meeting attendance, including being respectful of

others and not being disruptive to the proceedings. Mr. Walsh provided testimony on an agenda

item to which two members of the Council made comments in response to Mr. Walsh's

testimony. Mr. Walsh interrupted Council's deliberation by attempting to engage in debate with

the Council in violation of the ground rules and courtesy expectations. When the Mayor asked

Page 3 — DECLARATION OF BRYANT ENGE

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM 430

PORTLAND, OREGON 97204

(503) 823-4047

Case 3:15-cv-01666-SI Document 19 Filed 10/30/15 Page 3 of 6
him to stop, Mr. Walsh became upset and disrupted the meeting with numerous outbursts. The

Mayor repeatedly asked Mr. Walsh to stop disrupting the meeting. As a result of Mr. Walsh's

conduct, the Mayor excluded Mr. Walsh from the City Council meeting. When Mr. Walsh

refused to leave, the Mayor called for a ten minute recess and requested that security remove Mr.

Walsh from the building.

19. On September 17, 2014, pursuant to the direction of the Mayor, I issued Mr.

Walsh a "Notice of Exclusion from City Property" for a thirty (30) day period based upon his

conduct at the September 10, 2014 City Council meeting.

20. My letter to Mr. Walsh documented the reasons for his exclusion and provided

him with information for appealing the exclusion.

21. Attached to this Declaration as Exhibit H is a true and correct copy of the

September 17, 2014 Notice of Exclusion from City Property issued to Mr. Walsh

22. On May 13, 2015, Mr. Walsh attended the City Council meeting to observe and

provide public testimony. At the beginning of the meeting the Mayor informed all present of the

ground rules and courtesy expectations for meeting attendance, including being respectful of

others and not being disruptive to the proceedings. Shortly after the meeting began, Mr. Walsh

and other individuals began loudly chanting, causing a disruption to the proceedings. The Mayor

repeatedly warned Mr. Walsh and the other individuals to stop the disruption. Mr. Walsh and the

others continued the disruptive shouting until the Mayor called for a thirty (30) minute recess.

After Council reconvened Mr. Walsh recommenced with his disruptive shouting.

23. On May 21, 2015, in consideration of his history and failure to comply with

direction from the Mayor, I issued Mr. Walsh a "Notice of Exclusion from City Property" for a

thirty (30) day period based upon his conduct at the May 13, 2015 City Council meeting.

24. My letter to Mr. Walsh documented the reasons for his exclusion and provided

him with information for appealing the exclusion.

Page 4 — DECLARATION OF BRYANT ENGE

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM 430

PORTLAND, OREGON 97204

(503) 823-4047

Case 3:15-cv-01666-SI Document 19 Filed 10/30/15 Page 4 of 6
25. Attached to this Declaration as Exhibit I is a true and correct copy of the May 21,

2015 Notice of Exclusion from City Property issued to Mr. Walsh.

26. On July 8, 2015, Mr. Walsh attended the City Council meeting. At the beginning

of the meeting the Mayor informed all persons of the ground rules and the courtesy expectations

for the meeting attendance including being respectful of others and not being disruptive to the

proceedings. While an agenda item was being heard, Mr. Walsh disrupted the meeting by

yelling from the public seating area. He then proceeded to the presentation table where speakers

were testifying and continued to yell. Mr. Walsh ignored the Mayor's repeated request to stop

and continued his interruption. The Council session was recessed and Mr. Walsh was escorted

out of the building.

27. On July 15, 2015, in consideration of his history and failure to comply with

direction from the Mayor, I issued Mr. Walsh a "Notice of Exclusion from City Property" for a

period of sixty (60) days.

28. My letter to Mr. Walsh documented the reasons for this exclusion and provided

him with information for appealing the exclusion.

29. Attached to this Declaration as Exhibit J is a true and correct copy of the July 15,

2015 Notice of Exclusion from City Property issued to Mr. Walsh.

30. I make this declaration in support of Defendants' Motion for Summary Judgment.

I hereby declare that the above statement is true to the best of my knowledge and

belief, and that I understand it is made for use as evidence in court and is subject to penalty

for perjury.

DATED: October , 2015.

Page 5 — DECLARATION OF BRYANT ENGE

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM 430

PORTLAND, OREGON 97204

(503) 823-4047

Case 3:15-cv-01666-SI Document 19 Filed 10/30/15 Page 5 of 6
CERTIFICATE OF SERVICE

I hereby certify that I served the foregoing DECLARATION OF BRYANT ENGE on:

Joseph F. Walsh

7348 SE Division Street

Portland, OR 97206

Plaintiff-Pro Se

on October 36 , 2015, by causing a full, true and correct copy thereof, addressed to the lastknown address (or fax number) of said attorney, to be sent by the following method(s):

[Z] by mail in a sealed envelope, with postage paid, and deposited with the U.S. Postal

Service in Portland, Oregon.

❑ by hand delivery.

by email pursuant to LR 5-2(b).

❑ by facsimile transmission.

❑ by email.

Page 1 — CERTIFICATE OF SERVICE

anti 1pho

DAVID LANDRUM, OSB #955425

Senior Deputy City Attorney

DANIEL SIMON, OSB #124544

Assistant Deputy City Attorney

Telephone: (503) 823-4047

Attorneys for Defendants

PORTLAND CITY ATTORNEY'S OFFICE

1221 SW 4TH AVENUE, RM 430

PORTLAND, OREGON 97204

(503) 823-4047

Case 3:15-cv-01666-SI Document 19 Filed 10/30/15 Page 6 of 6