Why we can’t have a discussion about law enforcement.
Joint Committee On Transparent Policing and Use of Force Reform met and had further discussions about the use of tear gas to control riots. The proposal is LC 742 which would regulate police use of pepper spray, sound devices or kinetic impact projectiles.
You'll remember that during the first special session in late June, the Legislature passed HB 4208 which placed strict limits on the ability of law enforcement to use tear gas to control riots and never for any other purpose.
(2) A law enforcement agency may not use tear gas for the purposes of crowd control except in circumstances constituting a riot, as described in ORS 166.015.
(3) Before using tear gas in circumstances constituting a riot, a law enforcement agency shall, in the following order:
     (a) Announce the agency’s intent to use tear gas;
     (b) Allow sufficient time for individuals to evacuate the area; and
     (c) Announce for a second time, immediately before using the tear gas, the agency’s intent to use tear gas.
During the discussion Sen. Floyd Prozanski suggested the consideration of water cannons as an alternative to chemical means of riot control. Committee Co-Chair Rep. Janelle Bynum bristled at the suggestion and an animated exchange ensued.
Other police reforms are on the table, as well as budget issues.
In the wake of President Trump signing an Executive Order to extend pandemic benefits by $400, he obligated states to pick up $100. Governor Brown is uncertain whether Oregon can do that. The big criticism for the federal $600 per week benefit is that employers can’t get employees to come back to work. But, in release of the Second Special Session bills, up-front is an increase of unemployment benefits for those working part-time.
SB 1701 does nothing to balance the budget. To the contrary, it permanently amends ORS 657.150 unemployment laws increasing the excluded amount when claiming unemployment from $132 per week (in Portland) to $300 per week statewide.
Under current law a person making minimum wage has to work a day and a fourth before unemployment is reduced based on wages. This proposal allows that same person to work almost three days before unemployment is reduced. It allows a person to work 3 days a week and get 3 days of full unemployment paid. Put another way, a person can make $1200 a month and still get full unemployment benefits.
How will that get full time employees back to work? It will force employers to split jobs into part-time work and keep the unemployment rate high. How do we pay for the higher unemployment once federal money stops flowing? We should question this redistribution of wealth which we will all pay for in increased costs.
Just because it’s a conspiracy theory, doesn’t mean it’s wrong.
Oregon Gov. Kate Brown told lawmakers on Tuesday that she is actively considering travel restrictions to slow the spread of the COVID-19, especially southern interstate travel. The details are unclear how it will affect Oregonians doing business in other states, or traveling for vacation and could include quarantine following travel. This action is being considered after Oregon’s infection rate has plateaued and California’s rate is declining. So, what is the point?
In 2017, lawmakers approved a $5.3 billion statewide transportation packaged that includes a road fee (toll) plan. To set the road fee plan in motion the Equity and Mobility Advisory Committee has met six time since November with five more meetings scheduled this year. The committee consists of government, industry and transit-related stakeholders tasked to ensure equitable I-205 and I-5 toll processes, and to help develop a framework for the toll project.
The Equity and Mobility Advisory Committee reviewed the mobility and equity strategies for I-205 and I-5 toll projects offering recommendations for how to toll the metro area's busiest highways. The June 29, 2020 meeting summarized that most agreed that improved transit needs to be one of the benefits that comes out of toll revenue; that toll revenue will provide improvements to roads and infrastructure; that there must be the potential for tolls to decrease emissions, though only if paired with incentives to use public transit; and that using carpools and apps connecting people to get to work and other events or activities can provide a sense of community and decrease the number of cars on the freeway.
Retired State Representative Jeff Kropf reports that polls show that next to violent protesters moving voters towards law and order candidates, that tolling freeways that are already paid for upset voters.
In response, Initiative Petitions 10 was collecting signatures to put the toll issue on the ballot in November that will restrict tolls or user fees to approval by voters, except on new freeways. It failed to draw funding, so it did not make the ballot, but backers are committed to trying again.
From the Vote On Tolls Act of 2020:
"No personal or recreational vehicle, or commercial truck usage, of transportation infrastructure in Oregon may be subject to any transportation fee or toll, unless ... approved by both a majority of voters in the state and a majority of voters in each county in which the fee or toll applies."
When the Governor talks of restricting travel to stop the spread of the COVID-19 from other states, is it another conditioning act to usher in tolling?
Joint Emergency Board met August 5, amid other joint committee meetings in preparation for the Second Special Session. Oregon received about $2.45 billion in federal CARES funds (CRF) of which $1.6 billion was to be passed to local jurisdictions. The rest of the $2.45 or $850 million is spread across nearly four dozen other recovery programs. The money can’t be used to make up lost revenue, according to the U.S. Department of Treasury. It can only be used to cover unbudgeted expenses due to COVID-19 that occur between March 1 and Dec. 30.
Counties and cities that had populations of more than 500,000 in 2019 were eligible for direct funding. All the other jurisdictions can only receive a share of funds through the state. Accordingly, Portland received around $114 million and Multnomah County around $105 million of direct payments.
Months ago, Senate Republican Leader Fred Girod (R-Stayton) issued a statement and wrote a letter to Governor Kate Brown asking for the remaining Coronavirus Relief Funds (CRF) from the federal government to be rightfully distributed to local governments. Oregon distributed around $247 million to the city of Portland, and Washington and Multnomah counties. Senator Girod said, “Local governments should have received roughly $625 million of the CRF, or 45%, of the remaining amount.†The funds have not been distributed. “Governor Brown is refusing to respond to the pleas of local governments across the state. It would appear that the governor is waiting for the election to go one way in the hopes of using the CRF as a slush fund for her own special interests and Portland. Stockpiling federal funds for political gain, while vulnerable Oregonians are suffering, is abysmal.â€
According to reports from the Department of Administrative Services (DAS) where the funds are housed, local governments got only $200 million through reimbursable expenses. This leaves questions about what happened to $123,617,662 the Emergency Board has for local governments.
Cities and counties are strapped within their budgets, and that is being stretched with the increase in violent threats. President Trump has sent relief, why is Governor Brown delaying distribution?
Requiring public workers to pay is not an impairment of contract.
The Oregon Supreme Court announced a decision Thursday which dismissed all the complaints of government employee unions and upheld SB 1049 which was passed by a vote of 31-29 in the House and 16-12 in the Senate during the 2019 session, despite the objections of many Democrats. Indeed, House floor proceedings had to be halted while House Speaker Tina Kotek met separately with Reps. Mitch Greenlick and Andrea Salinas, presumably to secure their votes.
The bill was not liked by government employee unions. It has two major effects. First, it requires that public employees make a small contribution toward their own retirement plans. The second, is that it establishes a cap on the amount of annual pay that can be used in retirement calculations at $195,000.
Government employee unions sued, using the argument that the new law was an "impairment of a contract" made with employees at the time they were hired. The high court noted the distinction between changing someones benefit based on work already performed, as opposed to changing the arrangement for future work, which they said is legal. This is what SB 1049 does.
This legislation caused quite a stir in Democratic circles, inspiring at least one primary challenge in May. Sponsored by Senate President Peter Courtney and House Speaker Tina Kotek, it was widely seen as a way for Democrats to deflect criticism for not taking measures to resolve the unfunded PERS liablity, which stands at about $27 billion and grows each day. SB 1049 will not change that number much.
Ted Wheeler responds to the turning tide of public opinion
There is a saying. “Never give in to terrorists.†It seems that Portland Mayor Ted Wheeler has finally reached the point where the utility of appeasing the mob has lost it's value. If he's true to his word, arrests should increase and violence should wane.
In a press conference, Mayor Wheeler said:
“When you commit arson with an accelerant in an attempt to burn down a building that is occupied by people who you have intentionally trapped inside, you are not demonstrating, you are attempting to commit murder.
“This is not the first time that people have tried to set fire to a city building with people intentionally trapped inside. Unfortunately, it's not the second time. And by the way. This building is in a residential neighborhood attached directly to neighborhood homes. This can't be ok.
“This is not peaceful protest, this is not advocacy to advance reforms to transform any system. They're keeping out police officers from responding to historic levels of violence in our community. Right now Portland is experiencing record gun violence. [Police] need to be focused on responding to that, not on responding to arson at our own police precincts.
“We have supported non-violent demonstrations in Portland.
“There's been a lot of talk, particularly in political right-wing circles that we have allowed criminal activity to take place or that we have endorsed criminal activity
“It is actually disturbing to me that there are people who are coming from out of town,even out of state, to witness these activities. This is not a tourist opportunity.â€
Mayor Wheeler ended the conference on a political note. He said to the rioters:
“Don't think for a moment if you are participating in this activity that you are not being a prop for the re-election campaign of Donald Trump, because you absolutely are. You are creating the B-roll film that will be used nationally to help Donald Trump during his campaign. if you don't want to be part of that then don't show up.â€
Death isn’t a subject anyone wants to talk about, and the Oregon Health Authority is no exception. When it comes to COVID-19, they do not graph deaths but still the Governor uses deaths to spread the fear of COVID-19 with the implication that death is lurking for all of us.
On March 25, 2020, the Oregon Board of Pharmacy adopted temporary rules in response to the Governor’s Executive Order restricting the use of chloroquine and hydroxychloroquine as treatment for COVID-19 in anticipation of a shortage even though FDA declared no shortage on March 28. It took until July 14, 2020, for the Board to repeal the temporary rule. There was never a real question of safety in taking these drugs, and 6,000 doctors surveyed said hydroxychloroquine as the most effective therapy for COVID-19.
So, for what reason was it withheld from Oregonians to treat COVID-19? Dr. John Powell is a board-certified family physician who works at Evergreen Family Medicine as director for Urgent Care and Hospitalist services. He writes an open letter to Governor Kate Brown encouraging her to ease social distancing restrictions and relax the ban on “non-essential medical services.†At the heart of his request is that “it is becoming clear to many of us who follow epidemiological data and global research about this virus that the severity of COVID-19 related illness does not warrant the current Oregon public health measures…. Rising numbers of COVID-19 cases illustrate that what we are doing is not working. Data demonstrating falling infection fatality rates, emergency department visits and hospitalizations due to COVID-19 coupled with age severity differentials demand a more targeted and sustainable public health approach… Let us start by structuring the pandemic around our lives and not our lives around COVID-19.†With reports of near-death patients recovering with proper treatment of chloroquine and hydroxychloroquine, why is the Oregon Health Authority (OHA) continuing to report several deaths per day since July 14?
It’s hard to determine how prevalent COVID-19 really is. Today, OHA website charts 19,162 positive tests and 20,225 cases, so there are 1,063 that were probably diagnosed before testing began. What is more confusing is the 4,065 recovered cases. That leaves 16,160 still active positive COVID-19 cases. Even if you subtract an average of 300 new cases per day for the past 20 days plus 15 per day hospitalize, there shouldn’t be more than 6,300 active cases.
OHA documents the duration for recovery is an average of 20 days for non-hospitalized symptomatic cases and hospitalized cases is an average of 26 days. They also show a few people active clear out to 94 days. If this chart says anything it’s that physicians aren’t being proactive with treatment options.
Oregon has had a sympathetic heart for the terminally ill. In 1997, Oregon legislature passed the Death With Dignity Act allowing terminally ill Oregonians to end their lives through the voluntary self-administration of a lethal dose of medication prescribed by a physician. Then in 2015, Oregon enacted the “Right to Try†law (HB 2300) allowing doctors to prescribe experimental medications and treatments to terminally ill patients. Its intent is that dying patients no longer have to lobby for an exemption from the Food and Drug Administration in order to try medications that are still being tested waiting for FDA approval.
So, what are the number of deaths and why so many lingering cases? The numbers for those dying jumps after age 60 with white people having the highest death rate at 2.8% and Asians a close second at 2.5%, versus Blacks and Indians at 1.3%. All the talk about helping people of color because they are the hardest hit by COVID-19 is not support by the numbers. Even the total case numbers are 40.7% of white affected versus 3.6% and 2.4% for Blacks and Native-Americans.
Is Oregon embracing laws allowing doctors more freedom to treat in dire situations? As an Oregonian, the numbers are bothering, and more than the numbers, are people getting the best treatment available?
Oregon House Republican Leader Christine Drazan (R-Canby) released the following statement on the ongoing violence in Portland: “Riots in Portland have been allowed to continue for far too long. Last night’s riots were planned and executed to risk the lives of officers working in their precinct. This destruction and violence must end. The premeditated attacks on Portland Police Precincts while law enforcement officers and civilian employees were inside must be recognized as an unlawful attempt to harm or kill Oregonians. Those arrested in last night’s event should be prosecuted to the fullest extent of the law. We stand with our law enforcement community and demand accountability.
The destruction must stop so that we can move forward and create lasting change.†Representative Bill Post (R-Keizer) added, “I strongly urge the Governor to put a stop to this violence. These protests are anything but peaceful as they continue to destroy the city and put law enforcement at risk. As of last night, this violence moved from a small core of downtown Portland and public buildings to private neighborhoods. Violence breeds violence. We must do better.â€
Representative Vikki Breese Iverson (R-Prineville) stated: “At what point do Oregonians hold our Governor and Mayor Wheeler responsible for the violent criminal acts occurring night after
night? All Oregonians deserve better!†Representative Raquel Moore-Green (R-Salem) said: “The attack on Portland Police East Precinct last night was planned with willful intent to cause deadly harm – not a peaceful protest. I urge the Governor and Mayor Wheeler to condemn these actions and put an end to the violence now.â€
Representative Greg Barreto (R-Cove) added: “The unchecked chaos and lawlessness that is being committed by rioters in Portland and basically promoted by Democrat leadership is absolutely abhorrent. When did the liberal leaders of Portland become so irrational in their viewpoint on police, basic law enforcement and the need for order? Their lack of wisdom and common sense, to think they could defund law enforcement, taking away their capacity to not only protect citizens, but also their basic right to even protect themselves, is unbelievable. For law enforcement officers, it is unimaginable what it must be like to be willing to serve and put your life on the line for those that would place you in a compromised position and not have your back.â€
Representative E. Werner Reschke (R-Klamath Falls) stated: “Portland is becoming an embarrassment to our wonderful state. It is past time that Portland’s Mayor, the Governor and District Attorney support the rule of law. Oregon law enforcement should not be hand-cuffed with restrictions preventing them from doing their job to enforce safety. Police need the full support of all political leaders to arrest those who are committing crimes of violence and vandalism. Moreover, these individuals should be prosecuted to the full extent of the law. Without effective action, riots and violence will continue to spread.â€
Representative Mike Nearman (R-Independence) added: "It's a shame to see Portlanders -- as well as riot tourists -- tearing up the city of Portland, while their feckless leaders do nothing but blame the President. Enough is enough. They need to get this under control."
Maybe the brick and mortar schools could learn from these guys.
Editor’s note: This is the fourth of a multi-part series analyzing the latest version of the school re-opening guidelines and the prospects of schools re-opening in the Fall.
As traditional public schools struggle to develop some kind of virtual or hybrid learning environment, one public educational opportunity, Oregon Charter Academy, has been doing this for 15 years. As Executive Director Allison Galvin points out, "We have an innovative yet veteran staff and the tenure to know how to have a dynamic student learning experience."
Oregon Charter Academy (ORCA) describes itself as "an accredited, online public school serving students in grades K-12 from across the state. Our students come from urban, suburban, and rural communities." They offer "a diverse and comprehensive curriculum with access to AP, Honors, College Preparatory, and Foundation programs."
Their mission is to "prepare all students for success in a global society through an inclusive, rigorous, academic environment where students have daily live interaction with highly qualified teachers and continuous access to curriculum."
ORCA utilizes cutting-edge tech tools, like Canvas, a cloud based learning platform that integrates digital tools and content, along with cutting-edge practices, like project-based learning, to ensure that students at all levels are equipped and prepared for life beyond school. "Everyone is here for a reason -- staff included," says Galvin.
At the start of the COVID-19 outbreak, the state inexplicably put a cap on Oregon Charter Academy's enrollment. It currently has no enrollment cap.
Galvin is especially proud of the programs available to students at ORCA. Student Government, AVID, Career Technical Education -- as well as 200 field trips in a typical year are available to students. They even have a prom.
Instead of limiting ORCA, state regulators might want to enroll at ORCA and get some pointers for the brick-and-mortar public schools. It looks as if they're going to be doing some virtual learning.
ORCA utilizes cutting-edge tech tools, like Canvas, a cloud based learning platform that integrates digital tools and content, along with cutting-edge practices, like project-based learning, to ensure that students at all levels are equipped and prepared for life beyond school. "Everyone is here for a reason -- staff included," says Galvin.
