Oregon House District 33 Oregonians have appointed a physician specializing in pulmonology, Dr. Maxine Dexter, to replace the late Mitch Greenlick, who passed away in May. Greenlick served with the Oregon legislature for nearly 18 years.

Dr. Dexter has already seen support from Ceasefire Oregon, as she has served on the Oregon Medical Association’s Firearm Injury Prevention Task Force. She has received endorsements from John Kitzhaber, the Oregon Single Payer Advocates, and NARAL, a pro-choice Oregon PAC, as well as local unions.

Oregon House Majority Leader Barbara Smith Warner (D-Portland) congratulated and welcomed Dexter to the Oregon House of Representatives and the House Democratic Caucus. “We are excited to welcome Maxine,” Majority Leader Smith Warner said. “During this time especially, her professional experience as a physician on the frontlines of the COVID-19crisisis a critical addition to the legislature. I know she will bring her passionate advocacy for health care, as well as the environment, working families and education to this new role. We all look forward to working with her in the coming months and years to build a better Oregon for all.”

In a historic first, Dexter’s addition to the Oregon House of Representatives means that female legislators will now represent 50 percent of House districts throughout Oregon. Due to COVID-19safety precautions, a private swearing-in ceremony will be held on Sunday. Oregon Supreme Court Justice Adrienne Nelson will administer the oath of office.


--Ben Fisher

Post Date: 2020-06-14 19:35:32

Last Update: 2020-06-14 19:36:02

On his way to stumbling toward a yes vote on PERS reform -- you remember SB 1049 -- State Senator James Manning, Jr. couldn't help but remind everyone that he favors fully free pre-K through college education for every Oregon Student. Never mind that he had to take a tough yes vote to pay for the over-bloated public employee pension plan. It was a good opportunity for him to remind everyone that he favors new massive spending.


While most people support free K-12 education, somebody needs to explain to Senator Manning that free college is one of the most regressive uses of public money. The idea that everyone -- including those who do not go to college -- should subsidize the education and the enhanced ability to earn money, of those who do go to college, should offend everyone.

If Manning really wants free college, he might want to look into a pay-it-forward program -- already passed in Oregon as a way for students to get a free college education.


--Staff Reports

Post Date: 2020-06-13 19:10:37

Last Update: 2020-08-11 19:37:51

Everyday science isn't hard. You just observe what is around you in the universe, cook up theories about it, and then test those theories. Maybe if you are dealing with sub-atomic particles, it gets a little bit harder to observe, but the basics are still the same. Observe this graph, produced by the Oregon Health Authority, under the direction of Pat Allen.

In an open letter to Oregonians written back in mid-March, Director Allen said “We need to flatten the curve of new COVID-19 infections.” One look at the chart above would seem to indicate that we have flattened the curve. With the exception of some outlying activity recently -- due to lack of hygiene at riots, maybe? -- an honest person might conclude that the curve has been flattened.

Indeed, the chart is a little bit difficult to read, mostly because the amount of data on it is so small. One can see a small, but perceptivle divergence between cases and hospitalizations, i.e. cases are stable, but hospitalizations are dwindling. This is probably due to an increase in testing. One stat that's not on the chart is deaths, which have been decreasing consistently.

Critics of Oregon Governor Kate Brown’s COVID-19 policies have noted that the cries for flattening the curve in March, only to have the goalposts moved into June and beyond, might have the effect of undermining confidence in her ability to manage the matter.

The Oregon Health Authority has been called out for being less than transparent with data about COVID-19. Additionally, many legacy media organizations have reduced their coverage to click bites. For instance, the chart above tells a great deal of the story, without emotion, yet it’s not commonly seen in coverage.

For a Governor who is facing two recall attempts, one by the Oregon Republican Party and one by a grassrooots group, it might be wise for the her to execute a little more precisely on the science.


--Staff Reports

Post Date: 2020-06-13 18:17:27

Last Update: 2020-06-13 18:17:34

The nation's largest trade union for public employees is seeing a wave of membership cancellations after an email was circulated amongst members expressing solidarity with the movement Black Lives Matter. The email, signed by “Oregon AFSCME Board”, read:

"Oregon AFSCME joins in mourning the murder of George Floyd, in demanding the arrest of the remaining two officers involved in his murder and an end to the rampant systemic racism that plagues our nation. We are seeing a response across this country and in protests around the world for not only the lack of action taken in response to George Floyd’s murder, but for Ahmaud Arbery, Breonna Taylor, and countless more who have been murdered.

Oregon AFSCME’s core vision and values are to fight for equity and justice and against oppression in all forms. In the murder of George Floyd, we saw the abject failure of all of the law enforcement officers involved to perform their fundamental function of protecting life and serving the community. We know our black members and staff are hurting and the Oregon AFSCME Black Caucus will be hosting a virtual meeting for black members and staff to come together. To begin our commitment to this work the full Oregon AFSCME Board will go through a dismantling racism training which focuses on what anti-white supremacy means, what it looks like, and how to stand against it. This training will be available to all members and staff.

We are a family, and our union will fight against acts of white supremacy whether they exist in our workplaces, in our union, or in our community. We will do more than merely add our union’s name to a list or to the statements of others - we will act and we will fight to dismantle white supremacy.

To be silent is to be complicit and we will not be complicit. Black lives matter!

In Solidarity,

Oregon AFSCME Board"

The dissatisfaction seems to come from the perspective that such a gesture is unnecessary and critics have suggested is merely partisan political pandering. Corrections officers who are members of the AFSCME have expressed that they feel betrayed that their board leadership would support such an extremist group that is already working to defund entire police departments, and are concerned of the unfairness and racial inequality present in the BLM agenda.

While still in solidarity with practically everyone in that the death of George Floyd was certainly an injustice, these members who are quitting believe that the AFSCME need not have gotten them involved by making such a statement. An apology was even issued amongst membership after the reaction, anonymously:

"I would like to apologize to any of the members of local 3940 that received this email from Oregon afscme, it is highly offensive and unacceptable. This is not the type of rhetoric we expect to receive from our own union."

Observers have noted the potential division caused by this statement from the AFSCME board, especially considering that those who work in correctional institutions can often be working closely with the police. A 2018 US Supreme Court decision determined that public employees may not be forced to join or pay dues to a union as a condition of employment. More information on how to sever ties with one’s union can be found here


--Ben Fisher

Post Date: 2020-06-13 16:48:38

Last Update: 2020-06-13 17:00:55

During the debate over PERS reform and SB 1049 during the 2019 session, Senator James Manning, Jr. (D-Eugene) shares his true feelings about corporations who complain about having their taxes raised.


Like many Democrats, Manning seems oblivious to the fact that it is the people who produce wealth -- corporations, for the most part -- are footing the bill for his welfare state. Earlier, in the same speech, Senator Manning speaks about how he supports free education through college for every student in Oregon. He doesn't propose a mechanism to pay for it.

It's no wonder that we have a hard time digging ourselves out of a massive unfunded PERS liability under the leadership of those like Senator James Manning.


--Staff Reports

Post Date: 2020-06-13 16:07:22

Last Update: 2020-08-11 19:38:21

Governor Kate Brown and the Super Majority in the Oregon Legislature are anxious to hold a “special session” sometime in June. I want to know how this is good for Oregon in the current pandemic? How exactly does the Legislature hold a special session without implementing Phase 3 of the Governor’s reopening guidelines?

Consider that the Oregon State Capitol is an 80 year old “incubator” for viruses now, which is one of the reasons the Legislature invested in massive building upgrades that are still underway. Anyone who’s ever worked there is very familiar with the infamous “Capitol Crud” that flies through the building every session. How could anyone even consider meeting there now? Even if only the 90 legislators met, what if they took Covid 19 back to their 90 districts? Some counties have no cases and especially no deaths.

Now let’s talk about transparency and equity. There will be no public input. It will all be electronic. “But Bill, it’s all online now!” Really? And every Oregonian has access to a computer and internet? I was not aware that that was true. If it were, then why are we having problems with “distance learning” in our schools? There will only be written testimony allowed to be submitted. That means no public testimony or questions. Regardless of the Constitutional issues, how is this fair and equitable to all Oregonians?

Let’s look at “fair” in regard to the very guidelines that ALL of Oregon must live with right now. The State Capitol is in Marion County. Marion County is not even in Phase two of the reopening right now. Even if it were, the limit on “large gathering” is 250 people. There is no way NOT to have over 250 people in the Capitol. Just 90 legislators and one staffer each is 180, plus Legislative Revenue Office staff, Legislative Fiscal Office staff, policy analysts, technicians, the clerk’s office in the House, the Secretary of the Senate’s office, mail room, janitors, State Police….that’s even disregarding the lobbyists, and most importantly, THE PUBLIC….YOU! We must consider the health and welfare of all Oregonians, which is impossible with a session at this time.

So, while Oregonians must abide by the guidelines, the Legislature is exempt? Although there is important work to be done, let us not jeopardize the health and safety of all of Oregon while conducting that work. Being a member of the Legislature I believe in equity for all Oregonians. Which is why having a special session is unfair to other Oregonians. For example: student athletes who can’t play sports. Businesses that can’t operate. Employees who are still unemployed and can’t go to work. Seniors who can’t get out nor have visitors.

Governor Brown has to decide. Either we are out of this pandemic now and can meet in large groups, opening Oregon completely or the outbreak is still too high and we must maintain the current status. Oregon’s health and safety is of the utmost importance. The science is clear, Oregon is still in a vulnerable place. We must not exacerbate that by having hundreds of people in a close fitting, older building. This can wait until October. We cannot have both.


--State Representative Bill Post

Post Date: 2020-06-13 15:49:00

Last Update: 2020-06-13 16:15:33

At the end of each daily legislative floor session, legislators are allow to give a few minute speech on anything of their choosing, called a remonstrance.

During the 2019 session, Rep. Marty Wilde gave this remonstrance, not driven by any legislation, but driven by an article that someone gave to him. This is his idea of how the party in power has a conversation about climate.


Rep. Wilde is entitled to his opinion -- even a few minutes with a captive audience on the floor of the Oregon House of Representatives -- but it's a little unbecoming to invoke science while committing just about every logical fallacy in the book.


--Staff Reports

Post Date: 2020-06-13 10:34:27

Last Update: 2020-08-11 19:10:37

For far too long farmers have been stereotyped as environment-trashing know-nothings. The Endangered Species Act (ESA) is the favored tool of litigious-happy, urban environmental groups who attack rural America and are rewarded with court-ordered attorneys’ fees. In the Klamath Basin of southern Oregon and northernmost California, farmers and ranchers using water from a federal water project are on the bleeding edge of the onslaught.

On June 18, the Supreme Court has the chance to give these citizens a day in court and protect American values.

The Klamath Irrigation Project was approved 115 years ago under the National Reclamation Act, which promoted settlement of the West and production of food to feed a hungry world. Brave settlers accepted the challenge to work hard, repay the government’s water project construction costs as well as their own production costs, and produce food. On much of the Klamath Project, veterans of World Wars I and II were awarded homesteads as gratitude for their service, and literally built communities from the ground up.

In 2001, the remaining original homesteaders were shocked when their own country shut off all their irrigation water. The excuse? Government biologists in faraway offices decided that all the water in the farmers’ reservoir had to be either: (1) held for endangered sucker fish; or (2) sent downstream to artificially increase river flows for a fish that spends more of its time in tributaries of the Klamath River rather than the river itself. So devastating was the damage that the National Academy of Sciences was called in to review the science. The verdict? The water that was taken from farmers and used to support higher lake levels and downstream releases was not scientifically justified. The science showed that the fish did not benefit, even if society does elevate suckers above people.

This devastation was engineered in the last days of the Clinton Administration. President George W. Bush’s Administration recognized the injustice, brought in objective science, and brought about some stability. Meanwhile, the farmers rightly sought relief from courts. In the Western states, water rights for irrigation are private property rights. When that property is taken, our constitution requires that the federal government pay those citizens for that “taking.” Even if the science was not legitimate, society should pay for the property taken, if society does in fact elevate suckers above rural American’s property rights.

Enter the U.S. Department of Justice, which tied up the farmers in federal courts for 18 years. Swarms of federal lawyers leveraged urban ignorance of Western water law to shut down the farmers: damn their communities, and never mind the flawed science. The most recent decision by the Court of Appeals for the Federal Circuit missed the mark so far that public water agencies who serve vast areas of the West have joined the call for the Supreme Court to set things straight.

Sadly, the farmers who were not completely bankrupted in 2001, and young farmers who have mustered up the courage to stay home, are getting beat up again this year. The Trump Administration inherited a brutal court injunction limiting Klamath farmers’ water, following the same government bureaucrats to take over again and run the show. This year, there was an announcement of an impossibly meager water allocation for Klamath Project farmers in early April.

Then, incredibly, after crops were planted, a decision was initially made to cut water supplies again, raising the specter of desiccated crops, and stranded private investment. This potential whack at rural America was averted after thousands of Klamath farmers and other folks participated in a 29-mile convoy, protesting the decision. Fortunately, the Trump Administration’s Department of the Interior and Bureau of Reclamation were able to adaptively manage a relatively wet May and restore to farmers the earlier April 1 supply commitment. But that is still severely less than needed, and entirely due to the ESA.

The blunders of the lower courts need to be fixed, and quickly. The Supreme Court has proven capable of grasping Western water law in the past. It needs to step in and right the wrongs.

--State Representative E. Werner Reschke

Post Date: 2020-06-12 14:06:14

Last Update: 2020-06-12 16:06:45

In a 6-0 decision, the Oregon Supreme Court has sided against Elkhorn Baptist Church, et. al. in a case determining the legality of Governor Brown’s original executive order declaring a state of emergency.

On March 8, The Governor issued Executive Order (EO) 20-03, invoking the statute. Her order begins, "ORS 401.165 et seq. empowers the Governor to declare a state of emergency upon determining that an emergency has occurred or is imminent. Pursuant to that authority, I find that the novel infectious coronavirus has created a threat to public health and safety, and constitutes a statewide emergency under ORS 401.025(1).

ORS 401.192(4) states that, “The powers granted to the Governor by ORS 401.165 to 401.236 shall continue until termination of the state of emergency. The powers granted to the Governor by ORS 401.185 may continue beyond the termination of the state of emergency and shall be terminated by proclamation of the Governor or by joint resolution of the Legislative Assembly.”

The decision notes that plaintiffs’ “requests for relief are based on a specific legal theory: that the Governor's executive orders violate time limits.” At issue, seems to be the fact that the Governor issued the proclamation citing ORS 401 and invoking the time limits (ORS 401), yet including the power and authority outlined in ORS 433, which does have a time limit.

ORS 433.441(5) says that, “A proclamation of a state of public health emergency expires when terminated by a declaration of the Governor or no more than 14 days after the date the public health emergency is proclaimed unless the Governor expressly extends the proclamation for an additional 14-day period.”

The decision concludes, “[T]his case is before this court for a determination whether the circuit court erred in issuing a preliminary injunction based on its conclusion that the Governor's executive orders relating to the coronavirus violated a statutory time limit, specifically, the 28-day time limit in ORS chapter 433. As we have explained, the Governor's orders were issued pursuant to ORS chapter 401, and they are not subject to the time limit in chapter 433. Therefore, the circuit court's preliminary injunction was based on a legal error. Moreover, plaintiffs' alternative arguments do not provide a basis for maintaining the preliminary injunction. Accordingly, it is necessary to vacate the preliminary injunction.”

The 6-0 decision does not identify an author. Chief Justice Martha Walters did not participate in the decision, on account of her friendship with the Governor. Jusices Thomas A. Balmer, Lynn R. Nakamoto, Meagan A. Flynn, Rebecca A. Duncan, Adrienne C. Nelson, and Christopher L. Garrett voted for the decision.

Justice Garrett issued a concurring opinion in which he said that “plaintiffs have not demonstrated a likelihood of prevailing on their statutory arguments.” He elaborated on the hardship placed upon worshippers and businesses as weighed against the likelihood of disease transmission. He said, and was joined by Justice Balmer, that

“The inability of plaintiffs to worship in the manner that they prefer and the inability of intervenors to carry on their businesses in the manner that is usual (or at all) is irreparable harm for these purposes, even if temporary. But, in these circumstances, the harm to their opponents and the public must also be considered, and considered in the light that, in the seemingly likely event that plaintiffs will lose, that harm will have been suffered needlessly.”

The attorney for the plaintiffs, summarized thus, “the Supreme Court has sided against us. Apparently, Governor Brown can use Chapter 401 of the Oregon Revised Statutes to confer upon herself unlimited time to deal with a public health emergency, and she CAN get around the time limits set forth in ORS 433.441(5) and Article X-A, Section 6 of the Oregon Constitution.”


--Staff Reports

Post Date: 2020-06-12 10:40:03

Last Update: 2020-06-12 16:24:21

On May 29, there were 38,000 Oregonians that had waited over a month to hear about their unemployment claim. Even though the Oregon Unemployment Department increased staff by 600%, claims had jumped to 473,000 since the onset of the COVID-19 pandemic.

After Senator Wyden shamed Governor Kate Brown into ousting Kay Erickson as director of the Oregon Unemployment Department, the Acting Director, David Gerstenfeld, stepped in to rescue the 38,000 Oregonians waiting to hear about their unemployment claim. He said things are so grave that “we’ve started discussions with the National Guard about potentially having them help us call people about their claims.” That idea flourished into adding 100 recruits from legislative and executive branches of state government asking them to set aside time from their normal job responsibilities to make calls.

Even though the State patted itself on the back for having 154 people “volunteer” to work at Employment to reduce the backlog, these aren’t volunteers in the sense that one usually thinks of volunteers – people giving of their time outside work – instead, it’s government employees offering to not work for a period of time at their current government job, to work at Employment.

In any case, this effort has helped to reduce the backlog to 13,000 in less than two weeks. Who would have thought that state employees have that much free work time? It was magnanimous of Governor Brown to commend the “volunteers”, saying, “We do our best work when we do it together, and each of you is demonstrating the very best of who we are as public servants.” The use of state employees sends two messages to taxpayers. State government is overstaffed, and the state has no emergency plan for interaction.

The idea of sharing workforces might have come out sooner but for the lack of Governor Brown’s leadership. Her responsibility under the CEMP 3.3, is to “provide strategic guidance for state resources to prevent, mitigate, prepare for, respond to and recover from incidents of all types,” But, failing this mandate was complicated when she neglected to upgrade computer systems with $86 million in federal funds received in 2009. Perhaps more attention to the CEMP could have implemented a network of services across state agencies sooner as provided for in section 3.4.1.

It remains to be seen how well the state follows the CEMP recovery guidelines to bring back the economy. For example, Business Oregon’s key responsibilities to businesses is to:

• Facilitate a community-driven approach to economic recovery through the Regional Solutions program.
• Coordinate business impact and damage assessment.
• Coordinate resources for small business recovery assistance.
• Identify and help coordinate assignment of volunteer staff from economic development partners to affected organizations.
• Assist local economic development organizations or major employers needing immediate assistance for displaced workers, and assist in identification of short- and long-term employment needs.

Time will tell if the Governor needs another outside incentive to motivate her to get the economy back on track. Unemployment checks are needed to keep the economy on life support, but what we all really want is our jobs back.


--Donna Bleiler

Post Date: 2020-06-11 20:26:58

Last Update: 2020-06-11 20:27:12

Dr. David Samadi, Director of Men’s Health and Urologic Oncology at St. Francis Hospital in New York says, “We made everybody do something we call social distancing. The WHO (World Health Organization) is now announcing that asymptomatic transfer of Covid19 is rare. This is a complete turnaround from their initial information.” So, the masks are unnecessary without symptoms. The social distancing was unnecessary without symptoms. Samadi goes on to say asymptomatic cases are not infectious comes from reports of studies out of places like Singapore where government agencies have done contract tracing, “If you are not symptomatic with fever, shortness of breath or the primary symptoms talked about, the risk of passing it on to other people is very rare.” The panic and hysteria are out the door and we can interact with people without fear.

Enter Oregon’s school guidelines for the fall, “Ready Schools, Safe Learners.” Governor Brown announced the same “mother may I” approach for schools as used for counties. School districts can tailor their own blueprints for how they plan on following the guidelines and submit them to the state by August 15. Districts are given three options for what classes will look like during the 2020-21 school year. They can opt for returning students to the school buildings for all their lessons, continue distance learning, or combine the two approaches. Which model will depend on the school facility and space for distancing.

Schools must navigate through the guiding principles and submit a plan that includes eight essential elements: public health protocols, equity, instruction, and family and community engagement. These requirements to reopen verifies the struggle between government and the realities of families trying to survive in a depressed economy. While school districts are focused on countless bureaucratic elements and how to reopen on or off campus, families are struggling with going back to work and the added expense of possible remote learning plans.

Then families face explaining to young children about screening for symptoms before they enter the school building or hop on the bus, whichever comes first. If any student or school employee shows symptoms of COVID-19, including a fever, dry cough or shortness of breath, they’re to be immediately isolated and sent

home. On-site requirements for educators will be focused on distancing making sure they are masked when a student comes within six feet rather than directing that focus to their fundamental role: to educate students.

Senate Republican Leader Fred Girod (R-Stayton) issued the following statement:

“The bureaucratic regulations in the education guidance will make it extraordinarily challenging for teachers to focus on their critical job to educate our students. I am worried about the quality of the education Oregon students will receive, if they make it to the classroom, with so many distractions.”

The authority for the Guidelines is stated as Governor Brown’s Executive Order 20-20. That same order is being challenged in the lawsuit, Red Rock Cowboy Church vs Governor Katherine Brown, for overstepping her authority in locking down the state. The judge declared the order terminated after 28 days, but currently it is being appealed to the Oregon Supreme Court pending a hearing.

What is playing out is that states that didn’t lock down have no more and some fewer cases and deaths than states that locked down. The states with the worst records also had questionable policies that increased their numbers – putting Covid-19 cases in long-term care facilities, which quickly spread to vulnerable seniors. According to the CDC, school age kids are less likely to get infected or spread the infection if infected with only 1.7% out of 149,082 cases examined.

Going back to the new finding that asymptomatic transfer of Covid19 is rare, what justification is there for the Governor and the Department of Education to take control away from school districts with a one-size-fits-all mandate. President Trump gave state governors the responsibility to do their constitutional job and handle the Covid-19 virus in their state while he provided leadership and suggestions. Governor Brown needs to follow suit and let school districts control their own operations as they were established to do. Let school districts with the parents in each district be creative and implement a plan that fits their comfort level in distancing and what they can afford.


--Donna Bleiler

Post Date: 2020-06-11 08:58:42

Last Update: 2020-06-11 08:58:51

Governor Kate Brown today announced that she will be convening a Healthy Schools Reopening Council to advise her and the Oregon Department of Education (ODE) during the Ready Schools, Safe Learners K-12 schools reopening process. The council will ensure all community voices––especially those representing school employees and Oregon’s Black, Indigenous, Latinx, and other communities of color––have a forum to give feedback as school districts develop their plans for a safe return to school for Oregon’s students.

The council, which will meet over the next several months as districts develop their plans, and periodically during the school year, will be charged with:

• Giving feedback on equitable policies and practices for a safe return to school
• Informing additional guidance from ODE developed over the summer to help school districts implement their back-to-school plans
• Receiving updates on school district plans and implementation
• Reviewing COVID-19 status reports and evaluating outbreak management during the school year

The council will include elected officials, education community representatives, health representatives, and members of the public, with a focus on ensuring that a wide and diverse range of community voices are represented.

Among state revenue that is expected to be strained and with budget shortfalls already anticipated, some critics have suggested that Oregon Democrats staying focused entirely on “racial identity politics is a failure to really fix our disreputable education system here in Oregon (among a limping Oregon economy with severe unemployment problems). And it is the children who will suffer most from failed leadership unfortunately, and it continues in Oregon.

The Minority Republican leadership has also expressed concern over the Council convention. Senate Republican Leader Fred Girod (R-Stayton) issued the following statement:

“The bureaucratic regulations in the education guidance will make it extraordinarily challenging for teachers to focus on their critical job to educate our students. I am worried about the quality of the education Oregon students will receive, if they make it to the classroom, with so many distractions.”

The requirements to reopen confirm the struggle between government and the realities of working in the classroom. School districts and educators will be expected to focus on countless bureaucratic elements instead of directing that focus to their fundamental role: to educate students.

One can only hope and pray that our children who will grow up to be the leaders of tomorrow are not always so needlessly handicapped by the failures of those who are charged to oversee the difficult decisions involved in public education.


--Ben Fisher

Post Date: 2020-06-10 08:55:10

Last Update: 2020-06-11 08:55:38