It's almost as if Governor Brown has admitted to the fraud on Oregonians in Executive Order 21-36. She extended her declaration of a state of emergency by authority conferred to her in ORS 401.165 to 401.236, and ORS 401.192 claiming the full force and effect of law with no recourse of any individual rights or privileges against the State.

• 401-165-188 – emergency declared at requests of a county, and specifies the geographical area, and Governor’s authority within the designated area including removal of disaster debris or wreckage, and providing temporary housing and unemployment for disaster victims. The Governor may issue, amend and enforce rules and orders to manage resources during and after an emergency.
• 401.192 - All rules and orders issued under authority conferred by ORS 401.165 (Declaration of state of emergency) to 401.236 (Rules) shall have the full force and effect of law both during and after the declaration of a state of emergency. All existing laws, ordinances, rules and orders inconsistent with ORS 401.165 to 401.236 shall be inoperative during the period of time and to the extent such inconsistencies exist.
• 401.204 - The Governor shall terminate the state of emergency by proclamation when the emergency no longer exists, or when the threat of an emergency has passed, or terminated at any time by joint resolution of the Legislative Assembly.
• 401.232-236 - Federal financial assistance to political subdivision, or to individuals or families. The Governor is authorized to make rules to carry out the purposes of ORS 401.165 to 401.236.
• Also brought forward from Executive Order 20-03 is ORS 401.025(1), which applies “Emergency” to mean a human created or natural event or circumstance that causes or threatens widespread loss of life, injury to person or property, human suffering or financial loss. “Emergency service agency” includes health and medical services.

Governor Brown writes in the order: “In June 2021. the state's pandemic response shifted from acute emergency response to long-term management and recovery. At that time, in Executive Order 21-15, I rescinded executive orders that had imposed COVID- l9 safety measures. Although we knew the pandemic was not over, and recovery would be a longer-term proposition, it was time to begin transitioning from managing the pandemic under emergency powers to managing the pandemic under “ordinary government processes” like legislative action to address the ongoing eviction crisis, and agency rulemaking to address COVID-19-as we would any other established public health challenge.”

A D V E R T I S E M E N T

A D V E R T I S E M E N T

However, Executive Order 21-15 was issued June 25, 2021, two days before the 2021 legislative session ended without addressing the authority of an ongoing emergency status giving the Governor authority to extend the emergency as an “ordinary government process.”

Executive Order 21-36 is attempting to justify extending an emergency under unrelated statutes based on 2020 data. It claims that 21-15 was made law transitioning to “ordinary government processes” for managing COVID-19 was tested almost immediately, as the new Delta variant arrived in Oregon. Good thing we had Executive Order 21-15 because breakthrough cases drove hospitals to capacity all while the Governor issued orders to fire healthcare providers that weren’t vaccinated.

Executive Order 21-36 states: “I find that although we have reached the point where the vast majority of pandemic-related business and public health restrictions to control the spread of COVID-19 have been transitioned to non-emergency authorities, the needs associated with Oregon’s ongoing efforts to respond to and recover from the effects of the COVID-19 pandemic constitute an ongoing statewide emergency.”

It says there is no emergency, controls have been transitioned to non-emergency authorities so they can make rules out of prior emergency orders that are unlawful. Admitting the transition seems like a direct admission of violating ORS 401.204 requiring termination of an emergency. But never mind the law, I (Governor Brown) am still declaring an ongoing emergency because I need more control and I like doing press conferences that keep Oregonians divided.


--Donna Bleiler

Post Date: 2021-12-22 10:06:26

Last Update: 2021-12-22 10:28:22