When you go to an Oregon DMV office, be aware that the Department of Motor Vehicles has proclaimed that masks are now required inside the DMV offices and during drive tests conducted by DMV, regardless of vaccination status.

Within a recent announcement, the DMV claims that all state offices with any public contact resumed this safety precaution July 30 due to the surge in COVID-19 cases in Oregon this summer. These state offices claim they are following the latest Oregon Health Authority guidelines.

To avoid visiting the DMV physically, you can check DMV2U.Oregon.gov whenever you need a DMV service.

DMV has added over 20 new on-line services to the DMV2U online processes, including driver license renewal. You also can make an appointment for services that must be done in person – such as applying for a new license or the Real ID option for air travel. And you can see the most current COVID-19 safety requirements, location and hours of DMV offices near you.


--Bruce Armstrong

Post Date: 2021-08-09 14:06:43

Last Update: 2021-08-09 14:25:38

In a recent Oregon Catalyst article by Stew Robertson, the fecklessness of Portland Parks and Rec is underscored by the story of the local pickleball organization's inability to work on unusable tennis courts and convert them to pickleball use -- a game which resembles tennis, but on a shorter court with less responsive paddles and balls, so as to be playable by the less-athletic. The article says:

Fed up with only half of Sellwood Park’s tennis courts being usable, the retirees of the PDX Pickleball Club raised $9,000 of their own money to repair the courts and, in alignment with Parks and Rec’s eventual plans for the property, convert them to pickleball courts.

Two weeks into their work, Parks and Rec ordered them to stop. They were told they would need to pay $1,000 to apply for a permit and then an additional $2,500 per week in rent while the repairs were being undertaken.

What the article doesn't say -- and might be regarded as so universally true as to be axiomatic -- is that you get the government that you vote for, and when you vote for Democrats year-in and year-out, this is the government you get is as responsive as this. There's only one party in Portland. It's the Democrats.

After reading the Catalyst article, you might be just a little bit outraged at the Government of the City of Portland and you might just as strongly feel sorry for Pickleball PDX, the group that may not be a bunch of leftist agitators or socialist warriors, but just a group that wants places to play pickleball.

The entire board of Pickleball PDX is registered as Democrats. Does that change the way you feel about them? Portland Mayor Ted Wheeler is a Democrat. Portland City Commissioner Carmen Rubio -- in charge of Parks and Rec -- is a Democrat. Each and every board member of Pickleball PDX is a Democrat.

Nothing gets done.


--Staff Reports

Post Date: 2021-08-09 10:55:00

Last Update: 2021-08-09 22:28:18

The Freedom Foundation has filed suit on behalf of several plaintiffs outraged by the unconstitutional effort to make the state of Oregon the first in the nation to unionize its legislative staff.

On June 8, the Oregon Employment Relations Board certified a bargaining unit made up of Oregon legislative assistants, to be represented by the International Brotherhood of Electrical Workers Local 89.

Currently, no other state permits its legislative employees to organize, and the Oregon State Constitution includes language clearly discouraging such an arrangement.

“The idea of a union is fundamentally incompatible with the work of the legislature,” said Jason Dudash, Oregon director of the Freedom Foundation. “Unionizing legislative assistants will compromise the integrity of the legislative branch and erode trust by the people toward their elected lawmakers,” continued Dudash.

“There’s a serious separation of powers issue when unionizing subjects the legislative branch to the Employment Relations Board, an executive branch agency,” said Rebekah Millard, Freedom Foundation litigation attorney. “Unionizing legislative staff upends the concept of three co-equal branches of government as promised in the Oregon Constitution.”

“There’s a reason why no other state — including many where the influence of organized labor is even more pervasive than it is here — has taken this reckless step,” continued Dudash. “It puts the ultimate authority over important operational questions into the hands of an executive agency, which undermines the integrity and independence of the legislative branch. Unions have tried to organize legislative staffers in other states, such as Delaware and California, and they’ve failed for the same reasons.”

In addition to diluting Oregon’s separation of powers by putting legislative employees under the authority of an agency within the executive branch, there’s also the problem that Oregon’s Public Employee Collective Bargaining Act does not define the legislative branch as a “public employer.”

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

“It’s a stretch, at best, to fit legislative branch employees into the current statutory scheme, yet the ERB ruled that this was the intent of the legislature,” Millard said. “If the legislative branch wants to authorize unionization of its staffers at this level, it can always pass a law to that effect. But allowing an executive branch agency to make the decision is to throw away the privileges and duties of the legislative branch.”

Months prior to the election, on Dec. 29, the Oregon Department of Justice (DOJ) submitted to ERB its written objections on behalf of the Oregon Legislative Assembly to unionizing legislative employees. Those objections asserted that:

• Recognizing the proposed bargaining unit would violate the separation of powers doctrine found in Article III, section 1 of the Oregon Constitution
• The Public Employees Collective Bargaining Act does not provide for collective bargaining representation within the Legislative branch
• The proposed bargaining unit was improperly defined
• The number of employees included in the proposed bargaining unit — and the number who signed valid union authorization cards — was questionable.

The IBEW withdrew its petition, but re-filed an amended version shortly thereafter with a different description of the proposed bargaining unit, but none of the Legislative Assembly’s constitutional objections have yet been resolved.

“The only entity this agreement would benefit is the unions,” Dudash concluded. “And they wield far too much power in this state as it is.”


--Staff Reports

Post Date: 2021-08-09 10:23:17

Last Update: 2021-08-09 10:55:00

Republican Precinct Committee Persons from three counties -- mostly Douglas, but also Jackson and Josephine -- met in a convention to nominate persons wanting to fill the 2nd House District seat which covers interstate 5 from Roseburg to just north of Grants Pass. According to state law.

The nominees will be Steve Loosley, Elias LaLande and Christine Goodwin and they will be presented to a panel of County Commissioners who will appoint one of them as the next State Representative. Their votes are weighted in proportion to population, so the Douglas County Commissioners have a decisive vote.

Valynn Currie, the chair of the Douglas County Republican Central and Committee Rosburg Mayor Larry Rich were considered for the nomination, but not chosen. Neither were Avann Weber, nor Patrick Lewandowski. One name not in the mix is Virgle Osborne, who has already announced that hew would be running for the seat in 2022, but currently does not live in the district. District boundaries will change in the fall once the Legislature completes the redistricting process.

Goodwin, from Myrtle Creek, is a member of the Douglas County Planning Commission, was interim Douglas County Commissioner for a few months in 2018. She is rumored to be the favored candidate of the Douglas County Commissioners and may not run in 2022. Some insiders say that she is a placeholder for Osborne. LaLande, from Roseburg, has been working on the Congressional Campaign of Alex Skarlatos, who is running to defeat Peter Defazio. Looseley, also from Roseburg, is on the Umpqua Community College Board of Directors.


--Staff Reports

Post Date: 2021-08-07 21:52:09

Last Update: 2021-08-08 11:49:15

On August 2nd, the OLCC became the Oregon Liquor and Cannabis Commission, dropping the word “Control” that had defined the agency’s original post-Prohibition mission. Previously referred to as the Oregon Liquor Control Commission, the agency began regulating recreational marijuana after voters approved Measure 91 in November, 2014.

This change comes five years after voters passed Measure 91 which directed the agency to establish a framework for regulating Oregon’s recreational marijuana marketplace. While the change updates the agency’s name to better reflect its mission, the OLCC acronym will remain the same.

“The industries we regulate matter, they matter a lot to the state of Oregon’s economy,” said Paul Rosenbaum, Chair of the Oregon Liquor and Cannabis Commission. “The cannabis industry in Oregon has become a billion dollar business and changing our agency name reflects our role in generating revenue to fund state programs.”

Newly issued alcohol and marijuana licenses, and alcohol server and marijuana worker permits, will be modified to include the new name and logo. Existing versions of these official documents continue to be valid with the agency’s previous name and logo, and will be replaced when the licensee or permit holder renews them.

The OLCC will make minor public facing adjustments to reflect the name change. The modifications will have a minimal cost. Exterior signage at OLCC headquarters and regional offices will gradually be brought up-to-date. Documents on the agency website will continue to be updated with the new OLCC logo. The agency will deplete its existing stock of paper documents branded with the agency’s old name and logo. These items will be replenished with the new name and logo when existing supplies are exhausted. The OLCC was originally created in 1933, in the wake of national alcohol prohibition being repealed by the adoption of the 21st amendment to the US Constitution. At that time, America was laboring to rise out of the “Great Depression” and the world stage was being set for the start of World War II. In 1933, Oregon’s Liquor Control Act became law and directed the OLCC to sell distilled spirits and to license businesses to sell beer and wine.

Agency name changes occur as their mission evolves; however, it’s not common. According to information provided by the State Library of Oregon, during the past 30 years there have been about 10 Oregon agencies that have changed their name. The most recent change was when the State Library itself changed its name in 2017 to clarify that it wasn’t affiliated with Oregon State University.

Now 88 years later, the OLCCs mission has grown to include managing compliance with Oregon’s Bottle Bill, marijuana regulation and oversight of specific aspects of the state’s hemp market. Historically, the OLCC has and continues to play a vital role generating funding for schools, public safety and health programs. In recent years, combined sales from its alcohol and marijuana programs contribute $400 million annually to those vital programs. The success of Oregon’s cannabis market can be measured in the adult-use marijuana market becoming a $1 billion industry in 2020 and projected to continue at that level in 2021.

While establishing a regulated cannabis market has required the investment of financial and personnel resources, the agency has remained committed to supporting bars and restaurants through sensible upgrades to Oregon’s alcohol regulatory environment balanced with public safety protections.

“Our name may have changed, but our mission to serve the businesses we license, the consumers we protect, and the communities we support by generating revenue for the state – all of those things remain the same,” said Steve Marks, OLCC Executive Director. “For the next two years we’re going to concentrate on helping the cannabis and hospitality industries re-establish and grow their business, while ensuring revenue stability for the state. That’s the immediate focus of the Oregon Liquor and Cannabis Commission. The COVID-19 pandemic uniquely challenged Oregon’s hospitality industry requiring businesses and the agency to innovate to keep businesses open, while constrained by public health guidelines designed to limit the spread of the virus. Agency staff worked directly with licensees, public safety groups and elected officials to find solutions for long-standing challenges. This included: creating an option for cocktails-to-go, while modifying rules to allow for curbside delivery, and enabling businesses to expand outdoor seating.

During the remainder of 2021, the OLCC will be working through other legislative changes to help the alcohol and cannabis industries build back their business. This will include reviewing existing policies and working with partners to cut red-tape and find operational efficiencies while continuing to generate vital revenue for the state of Oregon.

Licensees and others doing business with the Oregon Liquor and Cannabis Commission should still make their payments out to the “OLCC.” So even as the OLCC continues to evolve to better serve Oregon, the acronym will remain the same.


--Staff Reports

Post Date: 2021-08-07 09:43:43

Last Update: 2021-08-07 21:52:09

Governor Kate Brown has announced that she is accepting applications to fill two new judicial vacancies on the Deschutes County Circuit Court. These new judicial positions were created by the Legislature in Section 8 of HB 3011, which the Governor has signed.

Interested applicants should mail 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 5:00pm, on Monday, August 23, 2021. Forms emailed by 5:00pm. on the closing date will be considered timely if 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, passed by the Legislature in 2019, changed the residency 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 at 503-378-6246 or shevaun.gutridge@oregon.gov.


--Staff Reports

Post Date: 2021-08-07 09:18:34

The City of Newport has adopted an Alert Stage 2 Water Curtailment restrictions effective until further notice.

1. No use of irrigation systems.
2. No vehicle washing.
3. No filling of swimming pools or spas, fountains or waterfalls.
4. Hotels/motels must post water conservation notices.
5. Commercial laundry operations must be delayed as much as is possible.
6. Discontinue scheduled flushing of water lines and fire-fighting drills involving water consumption.
7. Suspend any planned expansions of water system, including the addition of new connections.

All residents and businesses are required to fully participate in curtailing water use pursuant to the provisions noted above.

On June 28, 2021, the city issued notice of an Alert Stage 1 Water Curtailment. This was done in conjunction with the Lincoln County Commissioner’s declaration of a countywide drought. This was a water system advisory which informed the community of the situation and recommended voluntary water conservation.

The city claims that "At that time, the Siletz River, which is the main supply for the Big Creek Reservoir, had been experiencing declining flows. Siletz River flows continue to decline." The graph from the US Geological Survey shows that Siletz river levels are following historic norms.

The Mid-Coast Water Conservation Consortium, and its member organizations, including the City of Newport, recommended its members adopt an Alert Stage 2 Water Curtailment.


--Staff Reports

Post Date: 2021-08-06 12:11:17

Last Update: 2021-08-06 12:37:09

Critcal Race Theory is invading many aspects of life and governance in Oregon. Senator Lew Frederick (D-Portland) even introduced a bill during the 2021 legislative session that would have used state funds to pay reparations to Black Oregonians with SB 619.

That bill failed to pass and was stalled in a committee, however the racial division seems to continue through other state agencies.

A caller named Heather Davidson who called into the Lars Larson Radio Show has blown the whistle on the Oregon Real Estate Association pushing Critical Race Theory (CRT) racism in their approved licensing exams.

Screenshots with excerpts from the real estate licensing test read as follows:

"In May 2020, the death of George Floyd at the hands of Minneapolis police tore off a scab that has been festering in the United States for decades. The cry of Black Lives Matter (BLM) has focused the nation's attention once again on the inequities that persist in Blacks and other minority groups' ability to obtain housing opportunities that are available to individuals who are not members of specific minority communities."

"The law and REALTOR code of ethics prohibit discrimination based on the seven protected classes of individuals identified under the federal fair housing and additional anti-discrimination laws enacted at the state level. However, regardless of the prohibition against discrimination, the barriers to equity remain..."

Another screenshot reads:

"On the other hand, racism is the systemic subordination of members of a racial group that have relatively little social power. Racism is based on the power to change the law. In this context, a white American cannot be the target of racism because white Americans control a majority vote and can change any laws that harm them. Anyone can be the target of racial prejudice, however, only minority or socially vulnerable groups can be the target of racism. If a law is offensive to the group that holds social or political power, that group can change the law. The same opportunity to change racist laws is not available to minority groups. As we will see later in this course, some laws, such as Fair Housing Laws, have been put in place to help minority populations bridge the power gap and protect against racist laws."

Observers may wonder why the Oregon Real Estate Board thought that having these racist statements on the re-licensing exam was a good idea.

The Oregon Real Estate Board consists of 7 industry members and 2 public members. ​

Board members are appointed by the Governor. Most terms are between 2-4 years, and all Board members are subject to a 2-term limit.

The Oregon Real Estate Board duties include:

• Providing advice to the Real Estate Commissioner and the Governor's office regarding real estate industry matters.
• Reviewing proposed rulemaking.
• Approving experience waiver requests of real estate license applicants.
• Making recommendations about the license examination process.
• Approving the qualifications of continuing education provider applicants.

Judging people by the color of their skin seems to be absent from their list of duties.

Any board member can be reached by e-mail at orea.board@oregon.gov


--Staff Reports

Post Date: 2021-08-06 08:53:18

Last Update: 2021-08-06 08:54:05

Oregon Attorney General Ellen Rosenblum and 36 other Attorneys General have filed a lawsuit against Google in California, alleging exclusionary conduct relating to the Google Play Store for Android mobile devices and Google Billing. The Attorneys General also accuse Google of using its dominance to unfairly restrict competition with the Google Play Store, harming consumers by limiting choice and driving up app prices.

“Over time, Google’s anti-competitive behavior has gotten worse,” said Attorney General Rosenblum. “There is no doubt that how we interact with our smartphones is ingrained in every aspect of our lives. It impacts our well-being, our children’s education, our everyday lives. Today’s filing is about ensuring one of the biggest tech powers behind our screens plays by the rules.”

The lawsuit follows on the heels of former President Donald Trump's lawsuit against the major tech giants for monopoly behavior in molding public opinion.

The heart of the lawsuit centers on Google’s exclusionary conduct, which shuts out competing app distribution channels. The AGs also allege in the lawsuit that:

• Google imposes technical barriers that discourage or prevent third-party app developers from distributing apps outside the Google Play Store. Google builds into Android a series of security warnings (regardless of actual security risk) and other barriers that discourage users from downloading apps from any source outside Google’s Play Store.
• Google has not allowed Android to be “open source” for many years, effectively cutting off potential competition.
• Google’s required contracts foreclose competition by forcing Google’s proprietary apps to be “pre-loaded” on essentially all devices designed to run on the Android OS, and requires that Google’s apps be given the most prominent placement on device home screens.
• Google “buys off” its potential competition in the market for app distribution.
• Google forces app developers and app users alike to use Google’s payment processing service, Google Play Billing, to process payments for in-app purchases of content consumed within the app. As a result, Google is unlawfully tying the use of Google’s payment processor, which is a separate service within a separate market for payment processing within apps, to distribution through the Google Play Store. Google is able to extract an exorbitant processing fee as high as 30% for each transaction which is many times higher than payment processing fees charged in competitive markets.

In addition to Oregon, this multi-state lawsuit is joined by Utah, Arizona, Colorado, Iowa, Nebraska, New York, North Carolina, Tennessee, Alaska, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Idaho, Indiana, Iowa, Kentucky, Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, and West Virginia.


--Staff Reports

Post Date: 2021-08-05 22:17:18

Last Update: 2021-08-05 22:28:27

In a 2-1 vote today, the Yamhill County Board of Commissioners approved a letter to Governor Brown supporting local decision-making for Yamhill County schools. The letter recognizes the importance of parents, superintendents and school boards when it comes to making decisions about their individual school districts.

Amity School Superintendent Jeff Clark made the case for mask-free, in-person classes pointing out the Governor’s latest mask mandate for K-12 children is unnecessary and harmful for students. Clark told the Board the smaller, rural schools were taking the lead in Yamhill County and across Oregon by pushing back against mask mandates for children.

Ongoing conversations with the State saw mounting frustration on the part of superintendents after they were threatened with fines and civil actions by the Oregon Department of Education if they violated the mask mandate.

Yamhill County superintendents from Sheridan and Willamina were also in support of a letter opposing mask mandates. Dayton’s superintendent expressed support pending approval from his school board.

Conversations with McMinnville and Newberg superintendents were still ongoing.

The letter read:

The Yamhill County Board of Commissioners supports our county school districts, superintendents, parents and teachers in advocating for local decision making regarding COVID-19 mitigation measures, including whether to require children attending K-12 in-person classes to wear masks during the school day.

Governor, we appreciate your decision in June to shift from a state-centric model and acknowledge that each local school district is guided by a superintendent, school board, parents and advocates who understand and can address the unique circumstances and are uniquely positioned to address the health and well-being of their students.

Superintendents in Yamhill County have asked for a continuation of this community-focused approach and the Yamhill County Board of Commissioners has confidence in their ability tp make reasoned and informed decisions regarding, among other considerations, the masking of children during school hours.

Commissioners Mary Starrett and Lindsay Berschauer voted to approve the letter supporting local decision- making. Commissioner Casey Kulla voted “No”.


--Staff Reports

Post Date: 2021-08-05 21:49:05

Last Update: 2021-08-05 22:07:18

Oregon Secretary of State Shemia Fagan has announced that she is inviting Oregonians -- even illegal aliens -- to apply to serve on the Oregon People’s Commission on Redistricting. Like her predecessors, Secretary Fagan is preparing for redistricting in case she is needed. The People’s Commission will convene only if the Legislature misses its September 27 deadline, and the Oregon Constitution requires Secretary Fagan to conduct redistricting. If convened, the Commissioners will advise Secretary Fagan and her staff as they conduct public hearings and fulfill the Secretary of State’s constitutional duty in legislative redistricting.

“Today, redistricting is the Legislature’s job. While I am optimistic they will pass a redistricting bill by the September 27 deadline, I owe it to Oregonians to be ready to go if they don’t,” said Oregon Secretary of State Shemia Fagan. “I made a commitment to Oregonians to convene a People’s Commission to advise me on redistricting and that is exactly what I am preparing to do.”

The People’s Commission provides an opportunity for Oregonians, including those with experience working in historically excluded communities, to play a key role in advising Secretary Fagan if the Oregon Constitution requires that she perform legislative redistricting. If convened, the Commissioners will work directly with Secretary Fagan on her commitment to an open public process, including engaging with Oregonians in public hearings and other public education and community engagement opportunities. The Commissioners will attend all public hearings, hear testimony from Oregonians, and advise Secretary Fagan and her staff on redistricting.

Oregonians seeking to serve on Oregon’s People’s Commission must complete the application at the Oregon Secretary of State’s website by September 2nd. Applicants must be at least 16 years of age and must be an Oregon resident since at least April 1, 2020.

“Redistricting matters because representation that reflects you, your family, and your community is the foundation of our democracy.” said Oregon Secretary of State Shemia Fagan. The Oregon Secretary of State’s mission is to build trust so that Oregonians trust the public services that can make a difference in their everyday lives. The People’s Commission is central to a robust public process that gives Oregonians opportunities to be heard. If redistricting falls to the Secretary of State, we expect orientation for the People’s Commissioners to be September 29th. Public hearings would be held on the following days:

October 6 – evening hearing in Oregon Congressional District 4
October 7 – evening hearing in Oregon Congressional District 2
October 8 – evening hearing in Oregon Congressional District 5
October 9 – hearing in Oregon Congressional District 1
October 9 – hearing in Oregon Congressional District 3
October 12 – Commission debrief meeting


Additional information and the application for Oregon‘s People’s Commission can be found on the Secretary of State's Website


--Staff Reports

Post Date: 2021-08-05 14:40:56

Last Update: 2021-08-05 14:55:33

Governor Kate Brown has announced that she has directed the Oregon Health Authority (OHA) to issue a rule outlining new, required health and safety measures for personnel in health care settings.

The rule requires weekly COVID-19 testing for personnel in health care settings to prevent the spread of COVID-19 in health care settings, which can be waived with a proof of vaccination. The new rule will be issued this week and the requirement to be vaccinated or undergo weekly testing will apply starting September 30th.

“The more contagious Delta variant has changed everything. This new safety measure is necessary to stop Delta from causing severe illness among our first line of defense: our doctors, nurses, medical students, and frontline health care workers. Protecting our frontline health care workers through vaccination will also enhance the safety of the patients in their care,” said Governor Brown. “Severe illness from COVID-19 is now largely preventable, and vaccination is clearly our best defense. Vaccination and weekly testing ensure Oregonians can safely access health care and employees can go to work in an environment that maximizes health and safety measures for COVID-19.”

The new rule applies to personnel in health care settings who have direct or indirect contact with patients or infectious materials. The Governor’s Office claims that Kate Brown continues to look at additional health and safety options to protect Oregonians against the Delta variant, including vaccination and testing policies for state workers, with conversations continuing with stakeholders about how similar protective measures can be implemented in various state workplaces.

Governor Brown called on other public and private employers in Oregon to consider measures to facilitate their employees’ access to vaccines: “As we have throughout this pandemic, we are learning to adapt to the new reality the Delta variant has created. I am encouraging Oregon cities, counties, businesses, and employers to think creatively, and to consider measures such as paid time off for vaccination, and incentives for employees, in addition to instituting masking requirements and other health and safety measures in the workplace. I am doing the same with the State of Oregon’s workforce.”

State law currently prohibits employers from independently mandating vaccines for certain limited categories of workers, including health care workers, an issue the Governor claims she intends to work with stakeholders and legislators to address in the February 2022 session.

A video statement from Governor Brown is available here.


--Bruce Armstrong

Post Date: 2021-08-04 14:14:02

Last Update: 2021-08-04 15:28:02