Oregon is one of about half the states that has a robust direct democracy process
Editor's note: This is the second of a multi-part series on direct democracy in Oregon
Oregon is one of about half the states that has a robust direct democracy process. In that sense, we are lucky that we can change our Constitution, make and change laws and even veto acts of the Legislature -- known as a referendum.
The initiative process is described by the State Initiative and Referendum manual and starts with an idea to create, amend or repeal an Oregon law or provision in the Oregon Constitution. To file, a chief petitioner needs only have the text of the proposed initiative and between one and three chief petitioners. This form is filed with the Secretary of State and, after a cursory review for any legal problems, the petitioners are issued templates for the sponsorship phase.
Any initiative proposed to change the Oregon Constitution has enhanced requirements:
It must contain a single subject or closely related subject
It must include the full text
It must be legislative rather than administrative in nature
"Templates" refers to electronic forms which, when printed out, become the signature sheets. The "sponsorship phase" refers to the initial period in which the petitioners will gather between 1,000 and 2,000 signatures to get the process started. The reason for this phase is to be able to show that there is sufficient support and energy behind the effort to engage further. During the sponsorship phase, it is required that the text of the measure physically accompany the signature sheets. If there is a small amount of text, the Secretary of State will determine that it can be printed on the back side of the petition. For larger amounts of text, they need to be stapled to each copy.
Once the Secretary of State has validated over 1,000 signatures -- they have 10 business days to complete this -- they turn the text over to the Attorney General who five business days to draft and file ballot title that "impartially summarizes the petition and its major effect." A ballot title is not just a headline. It contains four parts and the wording is vital to the success or failure of each petition.
A caption that does not exceed 15 words describing the subject of the petition
A statement that does not exceed 25 words describing the result if the petition is passed
A statement that does not exceed 25 words describing the result if the petition is rejected
A summary that does not exceed 125 words describing the major effect of the petition
At this time any registered voter may submit written comments on the legal sufficiency of the draft ballot title. After the
deadline to submit comments, the Secretary of State's Elections Division will forward any comments received to the Attorney General for consideration when certifying the ballot title. Note that these comments should be on the legality of the process, not the content of the initiative. By submitting comments, this gives the commenter standing if the title is appealed to the Oregon Supreme Court -- which it often is.
Out of this process comes the certified ballot title, which will be printed on the back of the signature sheets which will be circulated. Statewide initiatives are only voted on in the general election in even-numbered years but, while an initiative can be filed for any future even-numbered year, chief petitioners are only allowed to circulate for a two-year period prior to the signature turn in date in July of an even-numbered year.
The number of signatures needed is a function of a percent of the vote in the last regular gubernatorial election.
Facing a great deal of corruption in the political system, Oregon passed many reforms
Editor's note: This is the first of a multi-part series on direct democracy in Oregon
In The Oregon System by Allen H. Eaton, the author describes the political possibilities in Oregon:
"Of all the democracies in the world, the state of Oregon is the one in which the people can make or unmake at will any law, constitutional or statutory, elect or recall any official, -- in short, do anything in politics which they wish to do, for there is practically no limitation to their political powers."
During the late 19th century, facing a great deal of corruption in the political system, Oregon passed many reforms to its election system. Amazingly, it wasn't until 1891 that Oregon first passed a law requiring a secret ballot and almost equally amazingly, Oregon first passed a law requiring a system of voter registration in 1899.
On the heels of these reforms, in 1902 the Oregon Legislature passed and the people approved -- by a vote of 91% -- amendments to the Oregon Constitution allowing the initiative and referendum process, championed by Populist reformer William U’Ren. The first use of the initiative process was a measure passed in 1904 to create primary elections and end the practice of parties picking nominees through political conventions.
The Oregon Department of Environmental Quality, Southwest Clean Air Agency and Lane Regional Air Protection Agency issued and extended air quality advisories Friday for many parts of Oregon due to smoke from fires in Oregon, Washington, California and Canada, as well as smog in metro areas.
DEQ expects the air quality advisory to last until a least noon Monday. DEQ and partner agencies will continue to monitor wildfire smoke and ozone pollution, or smog, in these areas.
The following areas are under advisory:
Willamette Valley: Clackamas, Multnomah, Washington, Lane, Linn and Marion counties due to ozone pollution. Wildfire smoke is also impacting eastern Lane County.
Central Oregon: Crook, Deschutes and Jefferson counties due to smoke.
Eastern Oregon: Baker, Grant, Harney, Malheur, Morrow, Umatilla, Union and Wallowa due to smoke.
Southern Oregon: Curry, Douglas, Josephine, Jackson, Klamath and Lake counties due to smoke. Ozone is also impacting Jackson County.
Southern Washington: Clark, Cowlitz and Skamania counties due to smoke and ozone.
Says mindless dictates will no longer be tolerated
The Union County Oregon Sheriff has now sent Governor Kate Brown a letter dated Friday, August 13th, in response to the latest round of restrictions imposed statewide on Oregonians.
The letter reads as follows:
"I write to you today in hopes of opening a dialogue and as a last resort to put you on notice that we the people of Union County, Oregon have had enough!"
"Enough of your overreaching mandates! Enough of your bullying threats. Enough of you dictating our state by fear. You have once again initiated what many consider to be an unconstitutional mandate by requiring our children to wear a mask while in school. You have gone so far as to threaten our teacher's livelihoods and their ability to provide for their family with fines and certification revocations if they don't enforce your mandate. You have backed our school board members into a corner even though the east side of the state has expressed a desire to have local control over these situations."
"Leaders listen to their constituents. You have continued in a long line of politicians who ignore the will of the people on the east side of the state."
"You sit on the opposite side of the state and dictate with a heavy hand. You ramble off your orders to Oregon Health Authority and Department of Education telling them to carry out your mindless orders or face the consequences of your threats. You are inflicting more damage to our children than any virus could ever do, and you hide behind the misrepresentation that you care for us all. You ma'am care nothing about our children or the people of Eastern Oregon."
"As Sheriff of Union County I took an oath to uphold the constitution and stand up and defend the people of this beautiful county we call home. We have the God given right to choose what is best for ourselves and our children. Let us do so."
"We will raise our children how we see fit. We will choose to wear a mask or choose not to wear a mask. We will choose to get vaccinated or choose not to get vaccinated. Your mindless dictates will no longer be tolerated."
Boshart Davis urges Legislature to reject partisan influences
The US Census has now released the 2020 Census Redistricting Data.
House Redistricting Committee co-chair Shelly Boshart Davis released the following joint statement in response with fellow committee members Christine Drazan and Daniel Bonham:
“Today marks another important step in the process of redrawing Oregon’s political boundaries. We join our colleagues in committing to an open, transparent and collaborative process. At the same time, we recognize that Oregon’s current political maps have not produced equitable representation for minority communities and differing political views.
It is our shared responsibility to fix this. Over the next month and a half, we urge every member of the Legislature to reject partisan influences that are too often an inherent part of this process and to commit to producing fair maps that accurately reflect the diversity of the people of Oregon.â€
It is likely that she will see her first vote in a probable special session
In a joint meeting of the County Commissioners of Josephine, Jackson and Douglas Counties, Christine Goodwin was unanimously chosen to fill the seat that was vacated by State Representative Gary Leif upon his death.
It is likely that she will see her first vote in a probable special session in late September to determine Legislative and Congressional districts.
Goodwin touted her skill set that she says she developed in the public and private sectors. She did not reveal whether or not she would run for election in 2022, but it has been speculated that she would not. Prior to the vote, Douglas County Commissioner Chris Boice expressed his preference for someone who "isn't planning to run in the election, if possible," so that the will of the people could be heard next year, without having a candidate as an incumbent.
“The entire Republican Caucus welcomes Christine Goodwin to the House and looks forward to the work we will accomplish together,†said House Republican Leader Christine Drazan (R-Canby). “Christine’s years of public service and community engagement shows that she is deeply committed to the people and communities in District 2 and they will be well served by her leadership.â€
“It’s an honor to participate in the Legislature,†added Christine Goodwin. “I look forward to representing the constituents of House District 2 to the same high standards they received from Gary Leif who was an inspirational public servant.â€
Christine Goodwin is a former teacher and coach at Roseburg High School for seven years, and has been a resident of Douglas County since 1978. She is a former owner of several small businesses, and was recently appointed as an Interim Douglas County Commissioner. Goodwin has served on the UCC Foundation Board, Community Cancer Center Board, Economic Development Initiative, Parks Advisory Board, Planning Commission and Community for Healthy Forests. Her husband of 41 years, Dr. Lynn Goodwin, is an optometrist, and together they have two children and three grandchildren.
A bar complaint showed clear duplicity in conduct of his official duties
The real life soap opera surrounding efforts by a few to build a bike path on an abandoned rail right of way through farm country in Yamhill County saw its first casualty from the ranks of the conspirators. County Counsel Timothy “Todd†Sadlo announced his pending retirement after a bar complaint showed clear duplicity in conduct of his official duties. His downfall came about when he claimed differing uses for a partially built bridge on the right of way the use of which was specifically detailed in the awarding of grant money. Ultimately, he told the Land Use Board of Appeals one thing and the Oregon Bar another.
The County must repay over $1 million grant money to ODOT and remove the partially completed but illegal bridge. It is not known if Sadlo will be personally charged with willful and wanton waste of public funds under ORS 294.100 which describes a "public official expending money in excess of amount or for different purpose than provided by law". Carrie Martin, grants administrator, facilitated the illegal actions but has not been charged as of this writing. Public records requests obtained through public records requests, include Martin emails showing duplicity. She runs a consulting business separate from her job with the County. Her clients include vendors to the County whose work is funded with grants. An audit of her activities could reveal more as several grants over several years were the subject of controversy.
The Yamhelas Westsider Trail episode began when the 2012 Yamhill County Commissioners were told farmers had no objection to a Trail. That caused the 2012 Commissioners to include the Trail in the Transportation Study Plan. Next, the Mid-Willamette Valley Area Commission on Transportation was told farmers had no objections to the Trail and the first of many grants was obtained. These false statements, verified false by 2012 Commissioner Kathy George, were the base upon which Trail advocates built a plan to realize their goal. Continued inappropriate manipulation of the public process was necessary for them to move forward. County authorities, including retired Administrator Tschabold, were enticed to participate and they, along with Sadlo, even encouraged some past and one present commissioner to shortcut due process.
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Farmers who had been deliberately kept in the dark learned of the threat to their farming practices and sought legal redress through LUBA. LUBA ruled for the farmers in five of five cases, even awarding them attorney’s fees on the matter of the bridge. Conspirators have resorted to attacks on the newest Commissioner, Berschauer, as an outlet for their confused frustration. A solution to this conflict among cyclists and farmers will require compromise and perhaps painful acknowledgements of wrong thinking.
Governor Brown has issued two new mask mandates just weeks after lifting
them. This time, for K-12 students – the group least likely to become seriously ill, be
hospitalized, pass the virus to others, or die from COVID-19 – and state employees.
The death rate for children is lower than that of seasonal flu, for which the Governor failed to
implement mask mandates in years prior. The new K-12 mask mandate requires everyone,
regardless of vaccination status or natural immunity, to wear a mask at school.
Senator Dennis Linthicum (R-Klamath Falls) issued the following statement:
“The Governor and her administration have a responsibility to cut through the panic and
provide the evidence, datum, and succinct scientific analysis that tells Oregonians what they
can expect. Instead, OHA, like the CDC, have constantly shifted goalposts and undermined
Oregonians' faith in our public health institutions."
“Schools have been shown to have lower case rates than the broader community, yet the
message from the Governor is that our schools are one of the most dangerous places for them
to be. That is an unsound and anti-scientific view. Many Oregon schools have been operating
all summer with no masks and no significant outbreaks."
“All teachers, staff members, families, and students over 12 have had ample time to choose to
get vaccinated. Moms and dads, families, and individuals all have a right to choose which
medical procedures they engage in and to force kids needlessly into masks is abusive."
“Oregonians are tired of these dictatorial mandates from the Governor. One moment, she is
pro-local control. Next, she puts forward unfounded and anti-scientific decrees like these.
These newest mandates come with no limiting principle. COVID’s death rate is the lowest it has
ever been thanks to the ever-growing herd immunity of Oregon’s population. Does the Governor expect Oregonians to take on and off the masks as she says until we have zero cases?
If so, this proves the Governor has an unrealistic mindset based on nothing but myths and
fairy-tales.â€
Oregon House Republican Leader Christine Drazan (R-Canby) also made a statement criticizing the Governor:
“The Governor has no business mandating COVID-19 vaccines for anybody", Drazan said. "Running
over free will is not leadership. We would be the only state in the nation forcing these
vaccines on people like this. I trust Oregonians even if the Governor doesn’t. She shouldn’t be trying to control every
aspect of their lives with mask and vaccine mandates.â€
Governor Kate Brown has announced she will be issuing new health and safety measures to address the spread of the COVID Delta variant: a vaccination requirement for state employees and statewide indoor mask requirements.
The governor's office says that new modeling from the Oregon Health Authority and Oregon Health & Science University (OHSU) projects that, without new health and safety interventions in place, COVID-19 hospitalizations will far exceed Oregon’s health system capacity in the next several weeks. According to modeling from OHSU, without these additional mitigation measures, Oregon could be as many as 500 staffed hospital beds short of what will be needed to treat patients hospitalized for any reason by September.
“Oregon is facing a spike in COVID-19,†said Governor Brown.
She continued, "If we all do our part, we can beat COVID-19 once and for all, keep our economy open and thriving, and return our kids to the classroom with minimal disruptions in a few weeks.†Some observers are noting the governor sounds earily like a broken record.
All State of Oregon executive branch employees required to be fully vaccinated according to Kate Brown.
Governor Brown announced that all State of Oregon executive branch employees will be required to be fully vaccinated on or before October 18, or six weeks after a COVID-19 vaccine receives full approval from the U.S. Food and Drug Administration, whichever is later.
The requirement will apply to all executive branch employees, including employees working for all Oregon state agencies, and in consultation with Oregon’s statewide elected officials, employees of the Oregon State Treasury and the Oregon Secretary of State’s Office, as well as employees of the Oregon Bureau of Labor & Industries and the Oregon Department of Justice.
Employees will be required to show proof of vaccination by the deadline.
Individuals unable to be vaccinated due to disability or sincerely held religious belief may be able to qualify for an exception, as required by state and federal law.
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State of Oregon employees will not have the option of weekly testing instead of showing proof of vaccination.
“I am taking action to help ensure State of Oregon workplaces are safe for employees and customers alike", said Brown. "I am strongly encouraging all public and private employers to follow suit by requiring vaccination for their employees. The only way we can stop the spread of COVID-19 for good is through vaccination.â€
The vaccination requirement does not apply to employees of Oregon’s legislative and judicial branches of government, though the Governor is encouraging the leadership of both branches to consider a similar requirement.
“The latest science is clear: both vaccinated and unvaccinated people can spread the Delta variant. After a year and a half of this pandemic, I know Oregonians are tired of health and safety restrictions. This new mask requirement will not last forever... It will help to protect all of us, including people who are immunocompromised, and our children under 12 who are not yet eligible to get vaccinated. Masks are a simple and effective tool that will keep our schools, businesses, and communities open.â€
Governor Kate Brown has now declared a state of emergency in Oregon supposedly to ensure additional resources are available to respond to forecasted excessively high temperatures.
The governor's office says the emergency declaration was triggered by the need for state agencies to assist local and Tribal jurisdictions in providing for the health and safety of their residents. Multiple days of extreme heat with little or no cooling overnight may also impact critical infrastructure, causing utility outages and transportation disruptions.
"Oregon is facing yet another extreme heat wave, and it is critical that every level of government has the resources they need to help keep Oregonians safe and healthy," said Governor Brown. "I encourage Oregonians to take proactive steps to keep themselves and their families safe, including drinking plenty of fluids, taking advantage of cooling centers, and checking in on neighbors, friends, and loved ones."
The Governor has directed the Office of Emergency Management (OEM) to activate the state's Emergency Coordination Center to coordinate essential protective measures. She has also directed state agencies to provide any assistance requested by OEM to support response efforts.
Heat-related illnesses are preventable — all Oregonians are encouraged to learn the symptoms of heat stroke, heat exhaustion and other heat-related illnesses. Oregonians who do not have air conditioning in their homes are strongly encouraged to make a plan today to find a cool location they can access during the heat wave. Additionally, all Oregonians are asked to check in on vulnerable friends, family, and neighbors who may be susceptible to extreme heat.
A full copy of the emergency declaration, Executive Order 21-27, is available here.
Young children staying three feet away from each other, “doesn’t work.â€
After Portland Public Schools Superintendent Guadalupe Guerrero read his opening script text for the camera, he introduced Dani Ledesma who read her prepared script. Dani’s role was not identified. Dani then introduced the five-member panel of “public health experts.†Two are from Washington, D.C. Jessica Guernsey, Health Director for Multnomah County, then read her prepared script to announce the “Swiss Cheese Layered Planâ€.
The public health experts looked happy, had big smiles and cheery looks on their faces as they opined about masking, distancing, and getting children, parents and school employees vaccinated through their “Swiss Cheese Layered Plan†for the school year. One expert wasn’t identified, only a phone number appeared on the screen. Dr. Tress Goodwin gave an explanation of the "Swiss Cheese Layered Plan†in the accompanying video that lasts 2:40.
Contrasted to the experts’ big happy smiles were the concerned somber elected school board directors such as Julia Brim-Edwards who shared she has never had so many emails as she did at the very moment the work session meeting was in progress. Brim-Edwards’ repeated attempts to get clarity on demographics and data related to Portland Public Schools was met with “...don’t know...†and vagueness.
Board director and chair Michelle DePass’ on-the-ground question for schools was “...what about lunch time for those under 4th grade?†Expert Lisa Ferguson responded, “That’s a hot topic for state and local about masks on, three feet distancing, about how to implement that.†Board director Gary Hollands was direct about young children staying three feet away from each other, “doesn’t work.â€
Hollands as well had concerns about special education children around the masking up protocol. The public health expert’s response was, “It’s called vaccines.†At that point Dani cut him off which led to Lisa Ferguson stating she was “going off script†and saying she was “really fearful about the mental health†of the children and “it is really going to be scary for some kids.†For indoor sports, the experts want them wearing masks.
At one point superintendent Guadalupe Guerrero intervened to stop board directors from getting “into the nitty gritty of the operational aspects†and made a statement of assurance that all questions would be answered elsewhere other than the work session, “hopefully we can answer all questions parents might have, please know we want to hear all your questions, we want to offer a most thorough response.†Board director Andrew Scott weighed in for all the questions to be put on-line.
School board director, Lowery, attempted to follow up with DePass’ question of how to get children to mask up. Dr. Joelle Simpson from Washington D.C. where right now 11-year-old children can get the vaccine without parental consent or parental knowledge said, “Modeling, kids will do what parents do.†She said to get some “cartoon masks.â€
School board director Scott asked when it might be that the mask wearing will stop? To which Dr. Loeffler said, “I could talk a super long time about that, but I would like to think about this as we still need to protect children…we can’t have kids bringing it home to families or the community.â€
The pediatric experts, well into the work session, gave their expertise statement that children dying from the virus is “rare†and so are hospitalizations. An expert mentioned there was one child death in “…New Orleans.†In the Portland area there have been no child deaths from COVID-19. No homeless deaths from COVID-19 either, a population not following any of the public health experts’ advice or protocols.
At an hour and a half into the work session during the “lightning action round of one question each†Chair DePass made another valiant try to report to the superintendent and these health care “experts†that PPS parents per the many emails she received, parents want data and that “Most emails tonight parents want operational details, data, more info...what is the most important data to provide to the parents?â€
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Then there was a long pause. Silence from the panel of five experts on public health. Dani finally popped in and asked DePass who she was directing her question to. DePass said, “Anyone who feels qualified to answer.†Jessica spoke up and said, “I’ll take a stab at it.†Her answer to the data question was, “More parents need to get vaccinated. The vaccine is the most important layer.†Jessica had a big smile on her face as she did not answer the question DePass asked.
Jessica was also the one that said, “The virus changed, we knew they would, they are sneaky.†Some of the experts claimed they were working on this “…night and day.†And to “trust the science.â€
In response to a question asymptomatic are not being tested because to find even one positive out of that population the cost is $10,000.00. To the topic of testing children brought a response that included the health industry does not have enough employees to do that kind of coverage. Getting a “political†campaign going to encourage the public to obey was mentioned.
The board meeting was not open to the public to meet in person, nor could the parents/public directly ask questions to experts.
The compelling visual of the work session was seeing happy smiles on some of the public health experts’ faces as they talked about the pandemic as opposed to those who were there representing the parents of the Portland Public School District.
PPS school board director Julia Brim-Edwards ended the work session noting how important it was to answer the parents’ questions as people are deciding what to do.â€
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.
