Governor Kate Brown has issued the following statement about the U.S. Department of Agriculture’s announcement of a $15 million drought pilot for agricultural producers in the Klamath Basin:

“The Klamath Basin is facing historic challenges from drought conditions that are creating hardships for the people, farms, ranches, communities, and ecosystems of the region. Today’s announcement from the U.S. Department of Agriculture is a great step to help agricultural producers in the region. I appreciate the partnership of Secretary Vilsack and the Biden-Harris administration in helping to relieve hardship in the region, both through this new pilot and ongoing programs.

“What is clear is that, because of the ongoing impacts of climate change on the region, the Klamath Basin will continue to face too many demands for a limited and decreasing supply of water. We must continue to work towards a long-term drought solution for the region, and today’s relief efforts are a down payment toward that goal.”

The U.S. Department of Agriculture is investing $15 million for a new drought pilot to assist agricultural producers impacted by worsening drought conditions to provide relief to impacted California and Oregon producers in the Klamath River Basin. The announcement comes as U.S. Secretary of Agriculture will travel to the state for events focused on drought and wildfire resiliency on Tuesday. At issue is the survival of the Lost River sucker and shortnose sucker which live in Klamath Lake and whose existence is reportedly threatened by low water levels in the lake.

“As ongoing drought conditions in the West continue to worsen, we need to find ways to do things differently in order to provide help and assistance to producers, Tribes, and communities,” said Gloria Montaño Greene, USDA’s Deputy Under Secretary for Farm Production and Conservation. “We recognize that current USDA programs and services are not enough to meet this historic challenge, and this pilot will help us find more tools to add to our toolbox.”

The Klamath Project’s “A” Canal will remain closed this year because of a lack of water supply. The canal, a major component of the Klamath Project, typically provides access to Upper Klamath Lake, supplying water for over 200,000 acres of farmland.

The block grant to the Klamath River Drought Response Agency will provide payments to producers to reduce irrigation demand. This will assist in allowing the limited supply of water to be used for other practices that are vital to the region’s food supply and to reduce adverse impacts to producers in the region and supply and distribution chains. Producers will apply for funding through the Klamath Drought Response Agency.

USDA will evaluate the outcomes to help inform future program design and will continue to monitor basins and drought conditions to determine where additional may best provide immediate economic support and relief to producers.

The strategy of the federal government curtailing the use of natural resources by historic users based on claims of environmentalists and then compensating harmed users, programs and jurisdictions has met with limited success, according to some observers. In the case of the northern spotted owl and other threatened species, compensating former users works only for a limited time, and after awhile, the payouts compete with other budget priorities and the exit strategy is to abandon the communities that have historically depended on the use of natural resources.


--Staff Reports

Post Date: 2021-08-02 17:49:22

Last Update: 2021-08-02 19:50:47

Parents in Portland, Oregon feel they and their children lived and still live in a nightmare.

Since March 2020. Oregon Governor Kate Brown’s gaslighting rule making pronouncements have parents feeling like pinballs bouncing around, back, and forth in some weird pinball machine of existence in Multnomah County. Wear masks don’t wear masks, wear masks, don’t wear masks.

Parents came to the meeting not wearing masks, so the board changed the rule to parents don’t have to wear masks. How do you report on a meeting where the superintendent, Guadalupe Guerrero, and his administrative staff speak bureaucratic jargon full of repetitive phrasing that you begin to feel like Charlie Brown and his friends at school listening to the teacher? “Wah, wah, wah, wah...”

Much of all communication is non-verbal. With all the board members and the superintendent and his assistants all masked up it was a challenge to discern the communication. Between garbled communication then vague communication when the numbers conversation popped in some wondered if Common Core Math was somehow a factor in not understanding what the superintendent was saying about the 15,000-student number, then the 1000-student number, then the 500-student number and finally the 750-student number.

Some audience members felt like sleight of hand was in motion even as a few of the elected board members attempted to search for numbers and demographic clarity themselves.

Mathematically 15,000 students who did some version of on-line learning represents about 32% of the student population of PPS. That is quite a sizable piece of the pie.

500 to 750 were the numbers the superintendent announced for an on-line learning academy the district had developed, but then it was stated it was only for students who were medically or mental health-wise affected by COVID-19. It will be done by lottery and parents will have to submit medical documentation to have their child on this on-line academy. Except: if the applications for the Academy are under 500 then medical documentation is not required. That brought quizzical looks to the faces of audience members attempting to follow the conversation at their seats as masked up board members spoke.

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

PPS contacted all 15,000 at the end of June by letter and then called 1000 of those identified 15,000. Audience members wondered why PPS does not already know if any student or how many students are medically or mental health-wise fragile due to COVID-19. A records request was sent to PPS to get a copy of the report generated from talking to the 1000 parents that would have been sent to the superintendent to review.

With the information from the superintendent that the deadline to apply for the 500-750 slots was July 30, 2021, board member Mr. Gary Hollands said that was a short deadline as well as noting the website to apply for the lottery was not user friendly. Board member Julia Brim-Edwards comment on the 15,000 or the 1000 population was “Some people don’t want to mask or take precautions.”

Board chair Michelle DePass asked for demographic data on the 1000 and valiantly attempted to get feedback to have some assurance that single working mothers were given due consideration and support. After some starts, sputters, stammers and what seemed like a-go-around-the-bureaucratic-mulberry-bush jargon, the answer seemed to be moms’ babysitters would have to be the “home coaches”. For older students the answer seemed to be they could be left alone with the on-line academy. It felt like for those kids it was, “You’re on your own Spartacus.”

Board member and vice-chair, Andrew Scott took exception to an audience member’s teaching on the history of the government compulsory public school education system created by the 1854 Democratic Congress with its primary intention to indoctrinate. Scott stated public education is “…not to indoctrinate, it is to educate and make well-rounded individual whole citizens, residents of the community”. One parent who watched on-line commented on social media later what board member Scott said was “indoctrination”.

Board member Brim-Edwards took exception to an audience member’s noticing that in the discussion related to the new Mission Statement the word “parents” was never used and she stated, “Board members are parents” and that the district’s “…sole focus was on the students, that is what we are about.” She added that their mission statement would produce “…joyful, love to come to school…” students.

There was an endless repetition that the board would be guided by “local, state and federal public health experts.” Those public health experts are to weigh in at the August 4, 2021, board meeting. 6pm at 501 Dixon. There was no mask discussion. No comment was made by anyone about the mask boxes advising all who read the box that masks are not for viruses. At an hour and sixteen minutes into the board meeting there was one quick comment about students who have “...depression and suicide ideation...”

Superintendent Guadalupe Guerrero stated that “...a majority of the students will return in the fall...” and reiterated that all is “...on track...”


--Margo Logan

Post Date: 2021-08-02 16:56:29

Last Update: 2021-08-02 17:49:22

Oregon Governor Kate Brown today provided notice that she intends to veto two bills passed during the 2021 Legislative Session. Under Article 5, Section 15 of the Oregon Constitution, the Governor must provide at least five days' notice before vetoing a bill after the legislature adjourns sine die. The Governor issued the following statement:

“Since the close of session, my office has reviewed and carefully considered hundreds of bills enacted during the final few days of the session. This included a review of feedback from legislators, constituents, and other stakeholders on the efficacy of the new policies passed, as well as a legal review of those policies. Upon review, there were two bills with technical issues that I intend to return unsigned and disapproved. While I appreciate the goals of both bills, portions of both unfortunately come into conflict with federal regulations or federal authority.”

Senate Bill 721
As written, Senate Bill 721 as passed by the Oregon Legislature would place the state in conflict with federal Medicaid law, which requires a single state Medicaid agency and prohibits the Oregon Health Authority from delegating its authority over Medicaid policies.

Governor Brown added, “I understand that supporters of Senate Bill 721 intend to re-submit a similar bill in the future with a modification to avoid the federal law conflict. I look forward to those efforts, and I applaud their work to center the consumer voice in improving the delivery of behavioral health care here in Oregon.”

Shouldn’t we ask why the conflict in laws wasn’t considered when introducing the bill, or before it was passed?

House Bill 2646
House Bill 2646 would bar Oregonians under the age of 21 from purchasing kratom. The Governor supports efforts to prevent this product from reaching the hands of young Oregonians. However, the portion of this bill that creates a regulatory function at the Oregon Department of Agriculture is problematic. As is the case with other potentially harmful drugs, Governor Brown believes that the federal Food and Drug Administration is the appropriate regulatory body to oversee the importation and use of this product.

Governor Brown added, “Given there is currently no FDA-approved use for this product and there continues to be concern about the impacts of its use, I would entertain further legislation to limit youth access without the state agency regulatory function included in this bill.”

It seems the Governor has selective concerns when it comes to enforcing bills. If she were truly concerned, she would have vetoed SB 554, which isn’t enforceable without a search warrant to know if firearms are stored improperly and they can’t get a search warrant without probable cause.


--Donna Bleiler

Post Date: 2021-08-02 16:37:46

Editor's note: This is the third of a multi-part series on Administrative Law in Oregon

There are about 100 state agencies, and from time to time they publish notices of proposed rulemaking. Most rulemaking activity will have a hearing and a opportunity for public comment. The best way to stay on top of this is to go to the agency website and subscribe to their notifications.

Once you have the Notice of Proposed Rulemaking, it will have instructions on how to submit comments or how to testify. While the agencies are required to go through a process of making public their proposed rules and taking public input, they have no obligation to integrate any of the public's input or concerns.

Keep in mind that "rules" is a very broad term. An agency handbook, implementation of legislation passed by the legislature, or compliance information all can be considered rules and are subject to the process. For instance, the Oregon Department of Fish and Wildlife fishing and hunting manuals go through the same rulemaking process.

You can search the database of Oregon Administrative Rules on the website of the Oregon Secretary of State to look up existing rules.


--Staff Reports

Post Date: 2021-08-01 12:48:45

Last Update: 2021-08-01 12:53:19

Governor Kate Brown has provided notice that she intends to veto two bills passed during the 2021 Legislative Session.

Under Article 5, Section 15 of the Oregon Constitution, the Governor must provide at least five days' notice before vetoing a bill after the legislature adjourns sine die. The Governor issued the following statement:

“I want to thank legislators for a successful and productive session that addressed the key challenges... and taking steps to end systemic racism and address racial disparities in Oregon," said Governor Brown.

She continued, “This session was a turning point for Oregon. We worked together to build a safer, stronger, more equitable, and more resilient state––a state that provides for Oregonians' basic needs, where we are all committed to dismantling systems of racism and addressing the racial disparities they've caused, and where the economy creates opportunities for working families and businesses.

“Since the close of session, my office has reviewed and carefully considered hundreds of bills enacted during the final few days of the session. This included a review of feedback from legislators, constituents, and other stakeholders on the efficacy of the new policies passed, as well as a legal review of those policies. Upon review, there were two bills with technical issues that I intend to return unsigned and disapproved. While I appreciate the goals of both bills, portions of both unfortunately come into conflict with federal regulations or federal authority.”

Senate Bill 721

As written,Senate Bill 721 would place the state in conflict with federal Medicaid law, which requires a single state Medicaid agency and prohibits the Oregon Health Authority from delegating its authority over Medicaid policies.

Governor Brown added, “I understand that supporters of SB 721 intend to re-submit a similar bill in the future with a modification to avoid the federal law conflict. I look forward to those efforts.".”

House Bill 2646

House Bill 2646 would bar Oregonians under the age of 21 from purchasing kratom.

However, the portion of this bill that creates a regulatory function at the Oregon Department of Agriculture is problematic. As is the case with other potentially harmful drugs. The federal Food and Drug Administration is the appropriate regulatory body to oversee the importation and use of this product.


--Bruce Armstrong

Post Date: 2021-08-01 12:12:40

Last Update: 2021-08-01 15:10:10

Enacted as part of the 2017 Transportation Package passed by the Oregon Legislature, the I-205 Toll Project will use variable-rate tolls to manage congestion and raise revenue. The idea is to charge more during peak times as a disincentive to reduce congestion.

The Oregon Department of Transportation is investing in transit, bicycle and pedestrian facilities and changing how we manage roads for safety and traffic flow. According to ODOT, tolling is another necessary tool to fix our transportation system. They say that tolls bring more reliable trips and address congestion in the metro region, reduce greenhouse gas emissions, and fund bottleneck relief projects. We know Oregonians across the state need to get to and through the Metro region. While there's no doubt that delay and congestion come at a high cost to individuals, businesses, and communities, congestion itself is a deterrent.

ODOT engineers point out that in 2020, the traffic counts declined with the COVID-19 pandemic but are now back to about 90% of pre-pandemic levels and expected to return to 2019 levels as the economy improves.

ODOT maintains that tolls can help manage congestion and provide a more reliable trip by encouraging drivers to consider other travel options -- including detouring through neighborhoods to avoid the toll -- or times of travel. They say that a large change in trip making isn't needed for significant benefits. Even a small decrease in the number of people trying to get on the highway will have travel time benefits for those who can't modify their trip.

In addition, funding for seismic, safety, climate and congestion improvements has not kept pace with inflation. This is largely due to the "per gallon" tax on fuel to fund roads. Gallons increase as miles increase, but the tax collected doesn't keep pace with inflation.

Tolling on I-205 would consist of an all-electronic system that would automatically collect tolls from vehicles traveling on the corridor. Drivers will not stop to pay a toll. A transponder, a small sticker placed on the windshield, is read and connected to a pre-paid account. If a vehicle doesn't have a transponder, a camera captures the car's license plate, and the registered owner is billed.

ODOT is analyzing three alternatives as part of the formal environmental review. Three other alternatives were considered in 2020 and found to provide fewer benefits. They were dropped from the analysis.

Alternatives currently under review include:

Alternative 3: Bridge Tolls on the Abernethy Bridge and Tualatin River Bridges

• Tolls on reconstructed bridges over Tualatin River and Willamette River.
• Split toll amount between two locations.
• Through trip pays more than local access trip.
• This image shows Alternative 3, which would individually toll multiple bridges to be rebuilt.

Alternative 4: Segment-Based Tolls between Stafford Road and OR 213

• Toll split across four segments: amount paid depends on number of segments traveled.
• Most flexible for traffic operations management.
• More complex pricing structure to communicate to users.
• This image shows Alternative 4, which includes segment-based tolls from Stafford Road to Oregon 213.

No Action Alternative: No toll would be applied

• Benefits would not be realized to help manage congestion or raise revenue for transportation projects.

ODOT is in the environmental review phase, which began in 2020. Following a public comment period in summer-fall 2020, the I-205 Toll Project is moving forward with an analysis of the three alternatives. This phase will include:

• An assessment of the potential for additional diversion onto the surrounding street system, especially onto neighborhood streets designed for low speed, low volume conditions.
• An evaluation of existing transit during peak periods to accommodate any shift in travel modes.
• An assessment of whether improved reliability on I-205 will make bus service on the highway a viable option to improve the currently limited public transportation options between West Linn, Oregon City and the I-5 corridor.
• Evaluation of other potential benefits and impacts of the tolling alternatives.
• Consideration of equity and mobility strategies to ensure people of all demographics receive travel benefits.

The ODOT project team has summarized all the public comments in a report and responded to the concerns, ideas and recommendations provided. In 2023, the Federal Highway Administration, in cooperation with ODOT, is expected to decide which alternative to implement based on the analysis conducted, existing policy and guidance, and community and stakeholder feedback.


--Staff Reports

Post Date: 2021-07-31 10:57:35

Last Update: 2021-07-31 11:40:15

In a free vaccine clinic event that lasted for four and a half hours at Franklin High School in Portland, Oregon on July 30, 2021, only 15 students presented themselves to get the a vaccine. Additionally, another 15 adults received the vaccine.

Jake Dornblaser with the Portland Bureau of Emergency Management produced a copy of the Portland Fire & Rescue COVID-19 Vaccine Minor Informed Consent Form when asked what kind of informed consent fact sheet identifying possible side effects was given to students who came to Franklin High to get the “vaccination”.

Dornblaser advised if someone pulls up their sleeve to get the vaccination “that was giving informed consent”.

Dornblaser was informed the reason for requesting the fact sheet was to know what students were told about the possible side effects of the Pfizer vaccine, for their protection and well-being. At that moment the concerned citizen was told to leave. The video camera was turned on, Dornblaser asked for it to be turned off and to leave. Dornblaser was advised Franklin High School is a public building, a government building and, two, he was not a school administrator to tell anyone to leave the school.

A Portland Public School administrator announced at the Portland Public School Board meeting, July 27, 2021, that Franklin High School was going to vaccinate “...folks over the age of twelve on Friday...” July 30th. When did the public-school start calling children “...folks...”? In the future the board intends to have children under the age of twelve vaccinated.

The low turnout at Franklin High School on July 30th raises questions. Is the Portland Public School Board not cognizant of the fact that parents and children do not want medical intervention in their lives?


--Margo Logan

Post Date: 2021-07-31 10:25:52

Last Update: 2021-08-01 09:55:20

Editor's note: This is the second of a multi-part series on Administrative Law in Oregon

Oregon law defines "rule" as "any agency directive, standard, regulation or statement of general applicability that implements, interprets or prescribes law or policy, or policy, or describes the procedure or practice requirements of any agency." Agencies may adopt, amend, repeal or renumber rules, permanently or temporarily (up to 180 days), using the procedures outlined in the Oregon Attorney General's Administrative Law Manual.

The Oregon Attorney General has developed models for creation and amendment of Administrative Rules. Administrative rules are created for and by executive branch agencies.

​​Administrative Rules are created by most agencies and some boards and commissions to implement and interpret their statutory authority. Agencies may adopt, amend, repeal or renumber rules, permanently or temporarily​(for up to 180 days).

Every OAR uses the same numbering sequence of a three-digit chapter number followed by a three-digit division number and a four-digit rule number. For example, Oregon Administrative Rules, chapter 166, division 500, rule 0020 is cited as OAR 166-500-0020.

Administrative rules are kept on a website by the Archives Division of the Office of the Oregon Secretary of State

The Administrative Rules Unit in the Archives Division within the Secretary of State assist agencies with the notification, filing and publication requirements of the administrative rules process. Every Administrative Rule uses the same numbering sequence of a three-digit agency chapter number followed by a three-digit division number and ending with a four-digit rule number (000-000-0000).


--Staff Reports

Post Date: 2021-07-30 12:13:23

Last Update: 2021-07-30 09:21:07

Governor Kate Brown has announced new mask guidance for Executive Branch state agencies in line with the Centers for Disease Control and Prevention's recently updated guidance, and based on the spread of the Delta variant.

The new guidance requires all state employees (regardless of vaccination status) in any indoor state agency space to wear face coverings; the requirement also applies to visitors and customers who enter state agency indoor spaces.

"The science and data are clear: the Delta variant is spreading in our communities and is more contagious," said Governor Brown. "This mask requirement will protect Oregonians, many of whom have been on the frontlines of the pandemic and who continue to provide essential services to Oregonians. We also must protect everyone—both agency employees and community members who visit state agencies for information, services, and resources. This new guidance accomplishes both."

Governor Brown announced that the state agency mask guidance is effective immediately.


--Bruce Armstrong

Post Date: 2021-07-30 12:07:11

Last Update: 2021-07-30 12:20:08

A portable bathroom in Eugene, Oregon was reported on fire on July 30 at 3:25 a.m. located near West 7th Aly and Lawrence. The structure was up against the building, Growler Guys, 472 W. 7th Avenue.

A caller heard an explosion near W. 7th Aly. Callers reported the fire was going up the building and onto power poles. Eugene Springfield Fire responded and gained access to the building.

Meanwhile, there were other fires being reported in the area, including two additional fully-involved dumpster fires started at apartments in the area reported at 3:58 a.m. Eugene Police was responding during these calls as well.

Community members and Eugene Springfield Fire were providing tips regarding subjects in the area as police searched.

Eugene Police took a person into custody at 4:24 a.m. and he was identified as Daniel David Moore, who had a warrant. He was taken to the Lane County Jail on charges of Arson in the Second Degree, five counts of Reckless Burning, Menacing, Criminal Mischief in the Second Degree.


--Bruce Armstrong

Post Date: 2021-07-30 11:44:31

Last Update: 2021-07-30 12:07:11

Jason Beebe, the Mayor of Prineville and an Iraq War veteran has announced his candidacy for United States Senate for the seat currently held by Ron Wyden.

"The battle for the future of our republic has to start from the ballot box. We have real problems that President Biden is making worse, the only way to fix that is in Congress. What if, Oregon surprised the country and we reject the extreme leftist policy of Ron Wyden for a patriot, a warrior, a true neighbor?

"We need to send someone through the primary that can give Wyden a real fight. We need someone that will bring true values that every American and every Oregonian shares.

"Border security, strong national defense, pro-life, 2nd amendment rights and strong protection for our liberty, and a government that needs to get the hell out of the way versus shutting down our economies locally and nationally."

Beebe is married with five children ranging in age from mid 20's and younger twins. He has worked as a data center contractor.


--Staff Reports

Post Date: 2021-07-30 08:10:34

Last Update: 2021-07-30 08:49:06

Governor Kate Brown has directed the Oregon Health Authority and the Oregon Department of Education to create a rule to require masks indoors for K-12 schools statewide for the 2021-22 school year, in line with the Centers for Disease Control and Prevention’s recently updated guidance, and based on the spread of the Delta variant.

“The science and data are clear: the Delta variant is in our communities, and it is more contagious,” said Governor Brown. “My priority is to ensure our kids are able to safely return to full-time in-person learning this fall, five days per week and with minimal disruptions. With many children still ineligible to be vaccinated, masks are an effective way to help keep our kids safe in the classroom, the learning environment we know serves them best.

She continued, “In the meantime, as we ask Oregonians statewide to mask up in public indoor spaces, we will continue working hard to vaccinate more people so we can finally beat this virus once and for all. Vaccines remain the most effective and best way to protect ourselves and our families.”

Critics are noting the lack of precise scientific considerations in such a statewide mandate, considering also that school children have been found to not be "super-spreaders" of the disease. Critics also wonder if the Kate Brown administration simply has trouble letting go of governmental powers it has acquired during the era of COVID-19 restrictions.


--Bruce Armstrong

Post Date: 2021-07-29 15:27:30

Last Update: 2021-07-29 15:42:07