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Hernandez Denied Restraining Order against Legislature
Sought to block expulsion vote

State Representative Diego Hernandez (D-Portland) was denied a temporary restraining order against the Oregon Legislature by US District Court Judge Ann Aiken. He was hoping to get a reprieve from a vote to expel him. That vote is scheduled for Tuesday, February 23 at 11:00.

Hernandez is being disciplined for allegations that he engaged in harassing conduct involving women who had business before the legislature. The suit filed by Hernandez presents new evidence that Hernandez claims he was unable to present to the House Committee on Conduct.

The suit names House Speaker Tina Kotek (D-Portland), as well as Representatives Julie Fahey (D-Eugene) and Ron Noble (R-McMinnville) who are Chair and Vice-Chair respectively of the House Committee on Conduct, which is considering the actions against Representative Hernandez. The suit also names Jackie Sandmeyer who is the head of the Legislative Equity Office which oversees the work of the Conduct Committee.

In her opinion on the restraining order, Judge Aiken says,

[Hernandez] makes numerous arguments that defendants did not properly follow the requirements of Rule 27. For example, [Hernandez] alleges he was only given seven days to respond to the draft report instead of ten. He also complains that he was not allowed to cross-examine his accusers. However, these technicalities do not in themselves mean that [Hernandez] has failed received (sic) adequate due process under the Fourteenth Amendment. The "very nature of due process negates any concept of inflexible procedures universally applicable to every imaginable situation."

Though members of the same party, Speaker Kotek and Representative Hernandez have been at odds over Hernandez's no vote on SB 1049 in 2019. The bill, which was introduced by Speaker Kotek, required that public employees contribute to their retirement fund.

--Staff Reports

Post Date: 2021-02-20 20:05:29Last Update: 2021-02-20 20:55:43

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