Violence seems without end in Portland, Oregon.

On October 19, 2020, at 10:03 p.m., Portland Police Bureau Officers from East Precinct and Transit Police responded to the 1100 block of Northeast 99th Ave in the Hazelwood neighborhood on reports of a robbery. It was reported that four young males between the ages of 11-15 exited the Max at Gateway where they approached an adult woman, who was homeless, and attempted to steal her purse. The woman struggled with the youth to retain her purse. The woman's husband confronted the youth and was stabbed in the neck by one of them. The victim was transported to an area hospital with serious injuries. The suspects fled the scene and no arrests were made. Once at the hospital, it was learned that the victim's injuries were non-life-threatening.

A few hours later, at 1:03 a.m. on October 20, 2020, a victim of a stabbing walked into an area hospital with serious, but non-life-threatening injuries. The adult male victim, who is also homeless, was stabbed five times near his camp in the Lents neighborhood by an unknown suspect. No crime scene was located and no arrests were made.

The last stabbing was reported at 2:39 a.m., where another victim walked into an area hospital with a serious, but non-life-threatening injury after being struck with a hatchet. The adult male victim was uncooperative with police, however, officers learned that the incident occurred in the Lents neighborhood near Southeast 92nd Ave and Flavel St. No crime scene was located and no arrests were made.


--Ben Fisher

Post Date: 2020-10-20 21:25:50

Last Update: 2020-10-20 22:05:39

Attornys from Alliance Defending Freedom representing a private, religious K-12 Oregon school filed a lawsuit in federal court Friday against Governor Kate Brown to challenge her order threatening private schools with 30 days jail time and $1,250 fines for reopening in-person instruction, despite allowing public schools of identical size in the same county permission to resume in-person classes.

After nearly two months of advising that Hermiston Christian School could provide in-person instruction to the 51 students enrolled in its K-12 program, Brown reversed course and, on July 29, ordered private schools in Umatilla County and elsewhere to remain closed while offering exemptions to public schools with 75 or fewer students. On the same day Brown extended the prohibition of in-person instruction to private schools, a spokesperson for the governor expressed a desire to prevent a “mass exodus” from public schools and emphasized that public schools could suffer a reduction in funding if students disenrolled to obtain education elsewhere.

“While responding to crises can be difficult, this case is not. There is no legitimate reason for allowing public schools with 75 or fewer students to provide in-person instruction while denying the same opportunity to small private schools, including religious ones,” said ADF Senior Counsel Ryan Tucker, director of the ADF Center for Christian Ministries. “Hermiston Christian School operates in the same county as a public school that is open, and it operates with the same number of students, who are performing the same type of activity, working in an even larger physical environment, and complying with the same health and safety protocols. Gov. Brown’s refusal to extend the same treatment to Hermiston Christian School as she does to small public schools violates the U.S. Constitution and discriminates against parents who choose to provide a religious education for their children.”

After receiving the governor’s assurance that in-person instruction would resume, Hermiston Christian retained its teachers and staff, made expenditures to meet or exceed the state’s health and safety protocols, and told parents that they could plan on in-person classes for their children. On September 16, the Oregon Department of Education granted Hermiston initial approval as an Emergency Child Care Facility for school aged children and, after conducting a virtual inspection of school facilities, noted that Hermiston Christian’s “facility is very clean and organized. [Staff] were very well prepared and are following the Health and Safety Guidelines.” However, the Umatilla County Public Health Department has advised the school that it is not permitted to provide in-person instruction even if the students are in its facilities for childcare.

“Gov. Brown’s personal preference for public over private education does not permit her to discriminate against faith-based schools,” said ADF Senior Counsel David Cortman. “Oregon’s Department of Education has personally evaluated Hermiston Christian School and found that it is a safe place for school-aged children to spend full days, but the very same department threatens imprisonment and fines if the school dares to educate those very same children while they’re in the building. Public health crises do not suspend the Constitution or permit elected leaders to favor secular public schools by granting them unique exceptions.”

The complaint notes that Hermiston Christian serves some low-income families in its community who cannot simultaneously supervise their children’s remote education while working outside of the home to provide essential income. As the complaint explains, “Most distance-learning models rely on increased levels of parental involvement, which imposes unique burdens upon single parents or low-income families with two working parents.”

ADF attorneys filed Hermiston Christian School v. Brown in the U.S. District Court for the District of Oregon, Pendleton Division.

This is the second lawsuit filed against the Governor in the past few days. Friday, a group of legislators filed a suit based on separation of powers and other issues.


--Staff Reports

Post Date: 2020-10-20 18:42:19

Last Update: 2020-10-20 19:27:48

Governor Kate Brown is seeking qualified candidates to apply for the Director of Executive Appointments position.

The Governor appoints nearly 300 policymaking, regulatory and advisory boards and commissions. Many of these set policy for executive branch agencies. The Executive Appointments Director works with the Governor’s Policy Advisors to recommend candidates for the Governor's selection and guides appointments through the Senate confirmation process.

This work requires an excellent grasp of the various missions of boards and commissions and how their work relates to that of state agencies, the Legislature, the Governor's Office. The Director must engage with a variety of stakeholder groups across the state to identify qualified volunteers and must balance the needs and goals of boards and commissions with demographic considerations such as geography, race, ethnicity, age, gender, military status, disability status, and experience.

Governor Brown is looking for a Director to build on current goals for increasing racial diversity in Oregon boards and commissions. Members of Oregon state boards and commissions are vital participants in the policy–making, regulatory, and advocacy efforts for a wide variety of issues affecting Oregonians. The board system contributes to the success of Oregon state government by bringing diverse and local talent and interest to the state level.

If you are interested in being appointed by the Governor to one of the almost 300 boards or commissions, you can get more information on the executive branch website. Members of Oregon State Boards and Commissions are vital participants in statewide decision-making and dedicated individuals have the opportunity to participate in developing a wide variety of important governmental policies. Major issues range from consumer protection, economic development, education, conservation, and health care—all of which are critical to the ongoing success of the State of Oregon.

You must be an Oregon resident and taxpayer to participate unless otherwise noted.




--Staff Reports

Post Date: 2020-10-20 08:28:02

Last Update: 2020-10-20 09:52:40

The Oregon Health Authority now recommends wearing a face covering/mask instead of a face shield (except in limited situations when a face shield by itself is appropriate, like talking to someone who is Deaf or hard of hearing and needs to read lips to communicate).

Jason Shurka studies body responses and is making a documentary on his findings, particularly body responses to diseases. A body always strives for balance. A fever is when the body heats to fight a virus. He says even cancer tumors are caused as a defense of another problem.

Shurka says a virus activates itself to detox the body against something that has attacked the body. He says that groups of people don’t spread a virus. They are just grouped in one frequency area so that the energy produced attacks the irregularity. The more vital the body is the more susceptible to toxic environments. He says the COVID-19 lockdown is detoxing the body from all the immunity our bodies have built up making us more susceptible to viruses.

So is COVID-19 a nature virus or a created irregularity attacking our bodies?

Dr. Reiner Fuellmich, consumer protection trial lawyer in California and Germany for 26 years and member of the German Corona Extra-Parliamentary Inquiry Committee, prosecutes those responsible for implementing the economically devastating lockdowns around the world as well as fraudulent testing to engineer the appearance of a dangerous pandemic.

In “Crimes against Humanity,” Fuellmich identifies their case showing lockdowns were unnecessary because the virus was already in retreat and infection rates were starting to decline when lockdowns were imposed. He says scientific evidence shows a majority of people already have built-in protection against the virus due to cross-reactive T-cell immunity. They also show that the PCR test -- a test for COVID-19 DNA -- cannot be used to identify an active infection with SARS-CoV-2 or any other virus, and mortality statistics during the pandemic have been within the norms of any given year, meaning the pandemic has not resulted in an excess number of deaths or a death toll higher than normal.

Fuellmich explains that crimes against humanity, first defined during the Nuremberg trials following World War II, are today regulated in Section 7 of the International Criminal Code. Pandemic measures, on the other hand, have "caused the loss of innumerable human lives, and have destroyed the economic existence of countless companies and individuals worldwide."

As noted by Fuellmich: "PCR tests are simply incapable of diagnosing any disease. A positive PCR test result does not mean that an infection is present. If someone tests positive, it does not mean that they're infected with anything, let alone with the contagious SARS-CoV-2 virus." Even the United States CDC … agrees with this and I quote directly from page 38 of one of its publications on the coronavirus and the PCR tests dated July 13 2020.

• Detection of viral RNA may not indicate the presence of infectious virus or that 2019-nCoV is the causative agent for clinical symptoms.
• The performance of this test has not been established for monitoring treatment of 2019-nCoV infection.
• This test cannot rule out diseases caused by other bacterial or viral pathogens.
• Equally important is the fact that PCR tests cannot distinguish between inactive viruses and "live" or reproductive ones that may pick up dead debris or inactive viral particles that pose no risk whatsoever to the patient and others.
• What's more, the test can pick up the presence of other coronaviruses, so a positive result may simply indicate that you've recuperated from a common cold in the past.

Public health, both physical and mental, as well as the global economy, have all suffered tremendous blows. According to Fuellmich, there's evidence showing a range of falsehoods and misrepresentations of facts have purposely been circulated, such that, based on the rules of criminal law, it can only be assessed as fraud. Under the rules of civil tort law, all those who have been harmed by these PCR tests induced lockdowns are entitled to receive full compensation for their losses.


--Donna Bleiler

Post Date: 2020-10-19 21:14:25

Last Update: 2020-10-20 08:28:02

City of Salem Center 50+ has launched the WOW van (Wellness on Wheels) to keep seniors connected to their community through life-enriching activities and services. With the support from Salem Health, United Way of the Mid-Willamette Valley, P3 Health Partners Oregon, and Home Instead Senior Care, Center 50+ now delivers socially distanced wellness services to area seniors.

Front porch visits from the WOW Van includes fitness, nutrition, mobility and wellness programming, activities, lifelong learning instruction, social checks ins, and technology tutoring.

The Center 50+ is Salem’s premier non-membership community center providing programs and services to adults age 50 and older and their caregivers. Although the Center is temporarily closed to the public due to COVID-19, programs and services continue to be offered throughout the community. Center 50+ serves more than 850 people a day and hosts more than 150 programs and activities each term.

The WOW Van was inspired through the work of the Age-Friendly Salem Initiative and meets the goals of keeping seniors socially connected, engaged in their community, and able to remain safe and healthy in their homes for as long as possible. Center 50+ recognizes the importance of delivering services to older adults whose mobility and aptitude to travel around Salem has decreased because of the ongoing COVID-19 pandemic.

Marilyn Daily who manages operations and programming for the center says, “Everyone on our staff is excited about the possibilities of this service and eager to bring classes and companionship to those who need it most.”

To find out more about the WOW Van residents are encouraged to email Connect50plus@cityofsalem.net or to visit the Center 50+ website.


--Donna Bleiler

Post Date: 2020-10-19 20:07:05

Last Update: 2020-10-19 20:22:28

Governor Kate Brown announced that she is accepting applications for a judicial vacancy on the Marion County Circuit Court created by the planned retirement of Judge Mary M. James. The Governor thanked Judge James for her dedicated judicial service, and announced that she will fill the position by appointment. Judge James’ retirement takes effect November 30, 2020.

Interested applicants should mail or submit online (no in-person delivery) their completed application forms to: Dustin Buehler, General Counsel, Office of the Governor, 900 Court Street NE #254, Salem, OR 97301-4047. Forms must be received by 5:00 p.m. on Monday, November 9, 2020. Forms emailed by 5:00 p.m. on the closing date will be considered timely so long as original signed forms postmarked by the closing date are later received.

Governor Kate Brown fills judicial vacancies based on merit. She encourages applications from lawyers with a wide variety of backgrounds and experiences.

ORS 3.041 and 3.050 provide that at the time of appointment to the court, the candidate must be a citizen of the United States, a resident of Oregon, and a member of the Oregon State Bar. SB 977, recently passed by the Legislature, creates a new requirement. It amends ORS 3.041 and requires that these vacancies must be filled by persons who are residents of or have principal offices in the judicial districts to which they are appointed or adjacent judicial districts.

For questions about the appointment process, or to request an interest form, contact Shevaun Gutridge via Email here or at 503-378-6246


--Ben Fisher

Post Date: 2020-10-19 19:09:51

Last Update: 2020-10-19 20:30:44

The confluence of the Willamette and Calapooia Rivers was significant to the native Kalapuya peoples and to early European settlers who eventually built the city at this unique intersection of rivers, roads, and railroads.

Albany is one of last major cities on the Willamette to invest in its riverfront and today, the riverfront is separated from downtown Albany by parking lots, Water Avenue, railroad tracks, and is missing sidewalks and crossing options. The connection between downtown Albany and its waterfront has become largely hidden by thick foliage and poor water access.

Over time, the City has been taking steps to reestablish downtown Albany’s connection with its rivers. In recent years, the City has been preserving waterfront properties for public use, using the Central Albany Revitalization Area to make strategic investments in downtown, and planning improvements to Water Avenue and the waterfront parks.

Now, the City is taking the next steps in this long-standing effort to improve Albany’s waterfront and how it connects to downtown. The expectation is that new waterfront redevelopment will ultimately create one of the most unique downtowns in the state of Oregon. When complete, the riverfront will be a major downtown anchor, connecting the community to the river to which it was historically connected.

This project will create plans to improve Water Avenue, Monteith Park, and the publicly owned portion of the riverfront and Dave Clark Trail. The project area includes up to 24 acres of park space and 14 blocks of streetscape along Water Avenue between Monteith Park and Main Street.

This process is expected to generate a final design concept by Summer 2020 and a final design is expected to be ready for City Council approval by Spring 2021. A phased approach to construction will allow for individual projects to be built over time. Pending final review, approval, and permitting, it may be possible to begin construction of individual projects as soon as Fall/Winter of 2021. The cost has not been determined.

You can find out more at the Albany Waterfront Project website.


--Staff Reports

Post Date: 2020-10-18 11:23:18

Last Update: 2020-10-18 13:10:07

Members of the Portland Indian Leaders Roundtable met and issued the following statement:

“We, the members of the Portland Indian Leaders Roundtable, disapprove of the destruction and theft of property, and threat of violence, by those participating in demonstrations last night. As with other resistance movements who have turned out in countless numbers this year, we understand that there is justifiable righteous indignation over the unconscionable mistreatment of our people and communities over centuries, and that Indigenous People’s Day is a time to reflect and speak out against these injustices. Yet, we cannot condone pointless acts of vandalism and the brandishing of weapons that serve only to detract from the real message that must be heard:

Many of us have spent our lives advocating for the needs of our people and working to prevent re-traumatization of our elders and families. Acting only in anger is not our way. Disavowing the teachings of our elders is not our way. Wielding weapons and stealing what is not ours is not our way.

The destruction at the Oregon Historical Society was so very disappointing, especially given the great care they have given to their most recent exhibit that displays Native American history so honestly and respectfully. We thank them for their deep consultation with tribal nations to create this exhibit and wish them the best in the repairs to their building.

On this Indigenous People’s Day of October 12, 2020, we choose to continue our important work being of service to those who need us. Relying upon the Indigenous values of respect, humility, kindness, and accountability, we will continue to work toward healing, using our traditions and culture as a guide.”

--Ben Fisher

Post Date: 2020-10-18 11:20:01

Last Update: 2020-10-18 13:26:30

In a sign that the Secretary of State Election might be very close, a variety of left-leaning donors have dumped hundreds of thousands of dollars into the Shemia Fagan campaign for Secretary of State.

At this point in the campaign, state law requires reporting of contributions no later than seven days after being received. Below is a report of major donors to Fagan's campaign, during the first 9 days of October. It represents a broad cross-section of left leaning interests, labor unions, and individuals.

Some analysts point out that Oregon voters don't like a highly partisan race, especially for the office of Secretary of State -- a person in the position of being the referee on Oregon's elections. They have suggested that this large last-minute surge of cash is the result of an election that is turning out much like the Brad Avakian/Dennis Richardson Race four years ago, when the respected Richardson defeated the partisan Avakian.

The election is a mere 17 days from now.

Major donations to Committee to Elect Shemia Fagan just during the month of October 2020
Date	Donor	Amount
10/09/2020	Blue Wave Project	$5,000
10/09/2020	Portland Metro Fire Fighters PAC (223)	$10,000
10/09/2020	Oregon Nurses Political Action Committee (12986)	$20,000
10/09/2020	Earl Blumenauer for Congress	$1,500
10/09/2020	Oregon Health Care Association PAC (275)	$5,000
10/09/2020	Blue Wave Project	$20,000
10/09/2020	Aaron Mitchell	$5,000
10/08/2020	Dentists of Oregon PAC (54)	$10,000
10/08/2020	Citizen Action for Political Education (33)	$2,500
10/08/2020	Elect Ellen Rosenblum for Attorney General (15406)	$2,500
10/08/2020	Save Democracy PAC	$5,000
10/08/2020	Oregon League of Conservation Voters PAC (2352)	$25,000
10/07/2020	Citizen Action for Political Education (33)	$25,000
10/06/2020	Blue Wave Project	$5,000
10/06/2020	Holding Onto Oregons Priorities	$10,000
10/05/2020	The Mother PAC (14523)	$1,000
10/05/2020	Confederated Tribes of Grand Ronde	$2,500
10/04/2020	Molly McCabe	$10,000
10/03/2020	OFNHP AFT 5017 Political Action Committee (17220)	$4,000
10/03/2020	Phillip Fogg Jr.	$5,000
10/03/2020	EmpRes Healthcare Management	$2,500
10/02/2020	Democratic Association of Secretaries of State	$50,000
10/02/2020	National Democratic Redistricting Committee	$100,000
10/02/2020	Local 48 Electricians PAC (4572)	$30,000
10/02/2020	Professional Firefighters PAC #3219 (3219)	$5,000
10/02/2020	Oregon League of Conservation Voters PAC (2352)	$25,000
10/01/2020	Salem Fire PAC (245)	$1,000

--Staff Reports

Post Date: 2020-10-17 18:32:45

Last Update: 2020-10-17 20:50:16

The Oregon Department of Revenue is reminding taxpayers that now is the perfect time to review their Oregon tax withholding and payments to avoid a surprise when filing next year.

“We encourage Oregon taxpayers to check their withholding for tax year 2020,” said Personal Tax and Compliance Division Administrator JoAnn Martin. “Not withholding enough during the year could lead to an unexpected tax bill in 2021.”

Oregon’s Form OR-W-4 and Revenue’s online withholding calculator allow taxpayers to determine the correct amount to withhold for Oregon personal income tax. The 2020 Form OR-W-4 and the withholding calculator are available on the department’s website.

Generally, wage earners should periodically review their withholding, especially when they had a recent personal or financial change that may affect their tax situation such as a change in income, filing status, or number of dependents.

This year, thousands of Oregon taxpayers have had to file for unemployment benefits, many of them for the first time. Unemployment compensation is taxable and withholding is not done automatically. If recipients did not elect to have state income tax withheld when applying for benefits, they will need to fill out Form 1040WH from the Oregon Employment Department website and submit it to the OED to authorize withholding.

To get tax forms, check the status of your refund, or make payments, visit www.oregon.gov/dor or email questions.dor@oregon.gov. You can also call 800-356-4222 toll-free from an Oregon prefix (English or Spanish) or 503-378-4988 in Salem and outside Oregon.


--Staff Reports

Post Date: 2020-10-17 11:30:33

Last Update: 2020-10-17 18:32:45

This afternoon Senator Dennis Linthicum (R-Klamath Falls), Representatives Mike Nearman (R-Independence) and E. Werner Reschke (R-Klamath Falls), and Neil Ruggles sued the Governor and State of Oregon in the Circuit Court for the County of Multnomah, challenging the Governor’s power to maintain a continuing state of emergency under ORS Chapter 401. The lawsuit claims that the Legislature’s attempt to delegate “all police powers vested in the state by the Oregon constitution” is in fact prohibited by several sections of the Oregon Constitution which provide for a separation of legislative, executive and judicial powers.

“This lawsuit raises constitutional claims not previously considered by the Supreme Court of Oregon in its Elkhorn Baptist Church case, which upheld the Governor’s exercise of emergency powers when challenged on statutory grounds,” explained James Buchal, counsel for plaintiffs. “We hope that the Oregon Supreme Court will follow the Supreme Court of Michigan and other state and federal courts which have recognized that the exercise of very broad statutory emergency powers for months on end infringes the rights of both citizens and legislators to have important general policy rules established by the legislative brand of government.”

The complaint cites Article III, Section 1 of the Oregon Constitution:

"The powers of the Government shall be divided into three separate (sic) departments, the Legislative, the Executive, including the administrative, and the Judicial; and no person charged with official duties under one of these departments, shall exercise any of the functions of another, except as in this Constitution expressly provided."

The lawsuit points out that the measures available to the legislature “places a significant burden on the Legislature to regain its own Legislative powers once the Governor declares an emergency. For example, recently in Pennsylvania, the power supposedly granted to the legislature to end the emergency by a simple majority vote of both houses in a joint resolution failed because the governor vetoed the bill.”

The complaint notes that "All rules and orders...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." The complaint describes the Governor as a “super-legislature who might strike down 'all existing law' at will after such a declaration of emergency, making the effect of all outstanding laws dependent upon the whim of the Governor.”

Ending on a grand note, the complaint notes that “allowing the Governor to exercise all police power of the state for an extended period of time beyond the statutory limits of ORS Chapter 433 and the Constitutional limits of Article X-A violates the federal rights of Oregonians to a Republican form of government under Article IV, § 4 of the U.S. Constitution.”

One of the plaintiffs, Neil Ruggles, has a Go Fund Me page to help cover the costs of the suit.


--Staff Reports

Post Date: 2020-10-16 16:57:50

Last Update: 2020-10-18 13:15:27

Amidst the chaos of COVID-19, the Oregon Occupational Safety and Health Administration has quietly moved forward with proposed changes to two administrative rules that would stack the deck against employers in contested cases. Oregon OSHA’s Proposed Amendments in General Administrative Rules to Clarify Employer’s Responsibilities and Oregon OSHA’s Proposed Increase of Certain Minimum and Maximum Penalties for Alleged Violations.

These rule changes seem to be about agency convenience in contested cases, not employee safety.

Oregon law says that for an employer to be liable for a serious violation, Oregon OSHA must prove that the employer knew, or with the “exercise of reasonable diligence” could have known, of the violation. Recently, the Oregon Supreme Court has made clear that the burden is on Oregon OSHA to prove what is "reasonable" and what is "diligence" under the circumstances of each case. Now, Oregon OSHA is attempting to change that court ruling.

Oregon OSHA proposes redefining “reasonable diligence” to make employers strictly liable so that the agency can easily win a contested case. They are shifting the burden of determining fault to employers -- despite clear direction from the Supreme Court and legislature. Additionally, the agency’s rule changes make the “unpreventable employee conduct” defense entirely useless, which further lessens Oregon OSHA’s burden of proof. This is an abuse of power for an agency that already has stepped outside the bounds of its authority during this crisis.

Further, through a separate rulemaking, the agency is trying to give Oregon OSHA’s Administrator unlimited discretion to impose huge penalties: $13,538 for any “serious” violation and up to $135,382 for any “willful” violation. These enormous fines could be assessed for just repeat paperwork violations. Or worse, these new rules could be used against businesses struggling to comply with COVID-19 restrictions.

It is evident that these rule changes are focused on ensuring Oregon OSHA’s ability to penalize employers for serious violations with minimal effort and maximum penalties.

Oregon OSHA will adopt these rule changes at the end of October. There will be a final opportunity for in-person testimony on October 28, 2020 at 10:00 AM. Interested parties can register for the Public Hearing on Employer Responsibilities. Written comments are due on October 30th.


--Staff Reports

Post Date: 2020-10-16 16:41:10

Last Update: 2020-10-16 16:57:50