Kotek's clumsy clean-up
What a weird little employment agreement says about the elevation of Kotek's wife and the departure of her chief of staff
Oregon Governor Tina Kotek’s administration took extraordinary measures to try to quell a staff mutiny over her wife, Aimee Kotek Wilson’s, increasingly potent policy position last month. As first reported by Willamette Week, Kotek’s former chief of staff Andrea Cooper, who reportedly was unable or unwilling to continue working in the Governor’s office with Kotek Wilson, started a new job at the state’s Department of Administrative Services April 1.
The fact of Cooper’s move to DAS, keeping her $303,000 salary plus benefits, has been widely reported. Deserving of more scrutiny, though, is a peculiar little document, titled a “Transition Agreement,” that accompanied Cooper’s job change.
The Transition Agreement, which I first learned about thanks to the reporting of Willamette Week’s Nigel Jaquiss, tells us much about the circumstances of Cooper’s apparently sudden departure, her and the state’s belief that Kotek and the state may bear legal liability for it, and how Kotek’s self-induced nepotism scandal may play out from here.
Every legal document tells a story about the people who drafted it, the people who agreed to it, and the circumstances in which it was conjured into existence. Let’s squeeze the Transition Agreement ‘til its secrets spill. You can see it in all its glorious two pages here, or just read on as we dig in.
The Transition Agreement is marked “Confidential,” right at the top. One or more of the parties wanted to keep the agreement secret, and all parties agreed to designate it as such. Why? Well, when the agreement was drafted (Cooper was the first to sign, on March 20), nothing about Kotek Wilson’s role in the office, or Cooper’s reportedly related departure, was publicly known. Willamette Week’s first story came out early afternoon on Friday, March 22, the same date Kotek signed it. The Transition Agreement itself was not made public until April 5, presumably because the state’s public records laws prevail over the word “Confidential.”
The three parties to the Transition Agreement are (1) the Office of Governor Tina Kotek, (2) the Department of Administrative Services, which is the administrative and employment nerve center for state government, and (3) Andrea Cooper. At the bottom of the agreement, Kotek signs as “Appointing Authority” for her office; Berri Leslie does the same for DAS, the agency she heads; and, Cooper signs on her own behalf. Oregon law defines “appointing authority” as a person authorized to make appointments to positions in state employment.
I mentioned earlier that Cooper’s employment with DAS is temporary. The term of the Transition Agreement is April 1, 2024 to November 29, 2024, the day after Thanksgiving. Cooper is to be employed by DAS for eight months in her new role, if she wants.
Why eight months? If Cooper wants to sue the state for employment discrimination, she must give notice to the state within 180 days (six months) of suffering the discrimination. But nothing in the Transition Agreement precludes Cooper from suing the state before, during or after her DAS employment term. Maybe Cooper simply wanted an eight-month cushion before having to find another job.
Cooper’s job title is “Senior Advisor to the DAS Director and Chief Operating Officer.” That’s Leslie’s full title. So, Cooper’s job is to advise Leslie.
The description of Cooper’s job duties is where things get really weird with the Transition Agreement, if one believes it is intended to be a legal document. Feel free to skim the following, which I find almost impossible to read, or at least to understand, on account of the ubiquitous HR jargon:
Roles and Responsibilities:
1. Conduct comprehensive organizational assessments to identify strengths, weaknesses, opportunities, and threats, utilizing a variety of data collection methods such as surveys, interviews, focus groups, and data analysis.
2. Develop and implement tailored organizational development strategies, programs, and initiatives aligned with the department's strategic objectives and priorities.
3. Provide expert guidance and support to departmental leadership and managers on change management, organizational design, team effectiveness, and leadership development.
4. Collaborate with HR professionals to design and deliver training programs, workshops, and coaching sessions to enhance employee skills, competencies, and performance.
5. Facilitate strategic planning processes, including goal setting, action planning, and performance measurement, to ensure alignment with organizational objectives and promote accountability.
6. Lead culture transformation efforts by fostering a positive work environment, promoting diversity and inclusion, and reinforcing organizational values.
7. Utilize data-driven approaches to monitor and evaluate the effectiveness of organizational development initiatives, making recommendations for adjustments and improvements as necessary.
8. Stay current with best practices, trends, and innovations in organizational development and change management, incorporating relevant insights into departmental strategies and practices.
9. Serve as a trusted advisor and thought leader on organizational development matters, effectively communicating with stakeholders at all levels to build consensus and drive change.
10. Collaborate with cross-functional teams and external partners to leverage resources, share knowledge, and enhance organizational capabilities.
Those job responsibilities are so boilerplate and broad that I decided to check ChatGPT, an AI program that writes things you tell it to write. Because a Google search had turned up similar descriptions for organizational development consultants, I asked ChatGPT to “write job responsibilities for an organizational development consultant.” Here’s what the computer came back with on the second try (the first try was interrupted by a “network error”):
Job responsibilities for an organizational development consultant typically include:
Assessment and Analysis: Conducting thorough assessments of organizational structures, processes, and culture to identify areas for improvement and development.
Strategic Planning: Collaborating with senior leadership to develop and implement strategic plans aligned with the organization's goals and objectives.
Change Management: Designing and facilitating change management initiatives to support organizational transitions, mergers, or restructuring efforts.
Training and Development: Creating and delivering training programs for employees and managers to enhance skills, promote leadership development, and foster a culture of continuous learning.
Employee Engagement: Developing strategies to improve employee engagement, satisfaction, and retention through effective communication, recognition programs, and organizational initiatives.
Performance Management: Designing and implementing performance management systems to align individual and team goals with organizational objectives, and providing guidance on performance evaluation processes.
Conflict Resolution: Mediating conflicts and facilitating constructive dialogue to resolve interpersonal or organizational issues and promote a positive work environment.
Organizational Design: Providing expertise in organizational design and structure to optimize efficiency, collaboration, and effectiveness.
Culture Development: Working to shape and reinforce organizational culture by promoting values, behaviors, and norms that support the organization's mission and objectives.
Data Analysis and Reporting: Utilizing data analytics to assess organizational effectiveness and track progress towards goals, and preparing reports and presentations to communicate findings to stakeholders.
Consultation and Coaching: Providing consultation and coaching to leaders, managers, and teams to enhance their effectiveness, communication skills, and ability to lead change.
Stakeholder Engagement: Building and maintaining relationships with key stakeholders across the organization to understand their needs, gain buy-in for initiatives, and ensure alignment with strategic objectives.
Research and Best Practices: Staying current on industry trends, best practices, and emerging technologies in organizational development and HR management, and applying relevant knowledge to enhance organizational effectiveness.
Project Management: Managing multiple projects simultaneously, including planning, budgeting, resource allocation, and coordination of cross-functional teams to ensure successful implementation of organizational development initiatives.
(Here are screenshots of the ChatGPT exchange. If there’s a way to link to my query and ChatGPT’s response, I don’t know how to do it.)
I don’t know if the drafter used AI to write the roles and responsibilities section. That’s not really my point. Rather, my point is that the parties appear not to have cared much what into that section. They did not bother to particularize what Cooper is expected to do to her and DAS. The entries are so nebulous the state would have a hard time enforcing the Transition Agreement unless Cooper were doing actually nothing.
But then, as is becoming obvious, the purpose of the Transition Agreement is not to define the relationship between employer and employee. It is something else entirely.
Which brings us, at last, to the “termination” section of the agreement. It’s short, so I’ll reproduce it here:
Termination:
This Agreement may be terminated earlier by mutual agreement of the Parties or by Cooper upon finding alternative employment. Cooper's employment with the Governor's Office will end no later than November 29, 2024.
Cooper can leave her DAS position at any time, unilaterally, upon finding a new job. DAS is afforded no such option in the event Cooper does not perform. In fact, if DAS were to terminate her for any reason, including for somehow failing to perform the meaningless blob of her supposed responsibilities, it would be in breach of the agreement. The Transition Agreement is a guaranteed job, or more precisely a guaranteed $303,000-per-year compensation package, for so long as Cooper wants it, up to eight months.
Taken as a whole, the Transition Agreement reads like a golden parachute or a gift of sorts to Cooper. She gives up nothing in return. The agreement does not include a release, in which Cooper promises not to sue the state in return for the compensation. She remains free to sue the state for the circumstances that led to her departure from the Governor’s office.
The state’s risk of a lawsuit is considerable. As Oregon Roundup has, I think, exclusively reported during the Kotek Wilson blow up, Cooper is black. Kotek bragged about hiring the first black, female chief of staff in Oregon’s history. Cooper’s race is relevant, here, because it means she is in a class of employee protected by Oregon and federal law from employment discrimination. Aimee Kotek Wilson is white. It would not be at all surprising if Cooper were to sue, putting Kotek in a bind from which she would seek to extricate herself by paying Cooper a considerable settlement.
Nothing about the Transition Agreement precludes Cooper from collecting her salary in the made-up job at DAS while serving the State of Oregon with a tort claims notice of her intent to sue.
In this context, the Transition Agreement appears a desperate gift from Kotek to Cooper, one the Governor hopes will keep Cooper happy enough to stay quiet and not sue. The brief, hastily drafted agreement was intended to allow Kotek to pretend Cooper was simply transferred to another department. It was part of an extremely ham-handed effort to paper over the backlash against Kotek elevating her wife over the wishes of Cooper and other top-ranking staff. But it leaves Oregon taxpayers exposed not only to Cooper’s compensation while at DAS, but a possible lawsuit, too.
Kotek quite clearly messed up by secretly ramping up the influence of her wife. Everything that’s happened since has been to try to justify or obscure that decision.
The Transition Agreement was to be a part of Kotek’s subterfuge, but its obfuscatory purpose is easily revealed if one, you know, reads it.
Great column, Jeff...
This is typical political machine stuff...it's a club and you ain't a member. The numbers here--$303K--are stunning; and of course the racial angle is the glue that keeps the machine functioning. All we need is a hovering nonprofit (Cooper's destination; bet. on it).
If a client had instructed me to draft a termination provision that didn’t allow the him to terminate in case of breach of contract, I would have told him he was out of his mind and fired him. I hope the lawyer who drafted this gem at least explained the risks clearly to the client, obtained the client’s acknowledgment in some form and documented everything in a CYA memo. Or does ODOJ culture frown on that sort of thing? Go along to get along?
The inability or unwillingness of Oregon media to provide the sort of skeptical, damn-the-consequences reporting and savvy political editorializing this story deserves is infuriating.
The Oregonian might as well be an arm of the Kotek-plus-spouse communications team, so faithfully does it repeat what sound for all the world like Kotek-plus talking points.
For example, no Oregonian story is complete without the observation that other states have offices of first spouse.
So what? Did the reporter miss class the day they taught about the who, what, when, why and hows of journalism? Do they think that since they’re no longer in j-school, they’re off the hook for writing compare-and-contrast pieces?
Why did other states create such offices? What was the justification? Have any of the existing offices of the first lady given rise to controversy or scandal? Have they been shown to beneficial to the state? If so, how? How do the circumstances of the creation of the position in other states compare with Tina’s wife’s apparent power grab? How does Tina’s ass-backwards, fait-almost-accompli gambit compare with the way other states have gone about it?
What role did the legislative branch of government play in the formation of the first-spouse office in the other states, and how does that compare to the potted-plant approach of the ruling party in the State House in Salem?
Where did the idea of the Oregon first spouse originate? If it is widely known among insiders that Tina’s spouse was the prime mover, why the heck isn’t that being reported?
I’m out of touch with the news here in Japan, where I’m enjoying a respite from the culture wars, so did I miss the part where the Republican legislative leadership is denouncing this noisily for the huge political scandal it is?
Why is Tina-plus leaning so hard on the “first lady’s in recovery and a bit mental” message? Is that meant to shield the First Lady from the harsh criticism she deserves for pushing herself onto the people of Oregon uninvited? In normal times, that combination of conditions would be grounds for greater transparency and caution, not qualifications for getting to whisper into the Governor’s ear on matters of state.
What is her mental illness, what is its history and, most importantly, is she impaired? If so, does it affect her judgment or behavior? How?
Could the airing of what others might consider dirty laundry just be a conspicuous display of intersectionality on the First Lady’s part to counter claims of white privilege?
Speaking of Tina’s communications office, it was outrageous when one of her key spokesmen came out with a statement that Tina’s move is in keeping with “the modern governorship,” or something to that effect. What?
How could a reporter have heard or read that statement without demanding that he explain what the heck he was talking about? What does modernity have to do with this mess? Frankly, nepotism is a classic move from the smoke-filled-room move era and earlier that gives the middle finger to the voters. There’s nothing at all modern about it. It stinks whether the people involved are in an old-fashioned man-and-wife marriage or a modern same-sex one.
The most laughable aspect of Cooper’s contract is how little resemblance the lofty HR outcomes Cooper is being overpaid a bloody fortune to produce bear to the profoundly dysfunctional and incompetent state of Oregon’s bureaucracies.
Is anyone ever going to call definitive bullshit on the Emperor’s-New-Clothes charade Oregon’s progressives are operating on so many fronts - transgender madness, addiction, homelessness, crime, race and housing?