On this day, February 6, 2002, The Oregon Health Division released statistics on assisted suicides for the previous year. 44 people received prescriptions for lethal medication but only 21 actually took their lives.
First of a three part series presented by former State Representative Mike Nearman studying the Oregon Constitution.
The River Church
4675 Portland Rd NE Salem
The Oregon Constitution
Wednesday, March 1, 2023 at 7:00 pm
Second of a three part series presented by former State Representative Mike Nearman studying the Oregon Constitution.
The River Church
4675 Portland Rd NE Salem
The Oregon Constitution
Wednesday, March 8, 2023 at 7:00 pm
Third of a three part series presented by former State Representative Mike Nearman studying the Oregon Constitution.
The River Church
4675 Portland Rd NE Salem
We Are Stronger Together
Monday, March 27, 2023 at 10:00 am
Oregon's Natural Resources & Industries (ONRI) is sponsoring the rally to meet legislators and influencers to bring light on legislation affecting natural resource industries, their families, and their communities. https://onri.us/events
Seats were gained by red states in Texas (2 seats) and Montana and by blue states Oregon and Colorado. Swing states Florida and North Carolina also gained seats.
Large blue states took a beating in the loss column. Blue California, Illinois, New York and Michigan all lost seats, perhaps showing the flight from failed, liberal, union-run, rust-belt states. The swing states of Ohio, West Virginia and Pennsylvania also each lost a seat. No red state lost a seat.
The national impact? In a Congress separated by a razor-thin eight seat margin in a 435 seat body, the redistricting results alone could tip the balance of power toward Republicans -- and that's before any political factors are taken into consideration.
Pundits have blasted the legislatively passed maps in Oregon as biased and gerrymandered -- and born out of the broken word of Oregon House Speaker Tina Kotek (D-Portland) -- and they still have to endure the scrutiny of the Oregon Supreme Court, but there may be hope for Republicans.
The former government union lobbyist drew herself into the vacant district
Oregon Representative Andrea Salinas (D-Lake Oswego) is rumored to be considering a run for the newly-created Oregon Sixth Congressional District. During the recently completed redistricting process, Oregon's population gains earned it a sixth congressional district. The district comprises Yamhill and Polk Counties, the western part of Marion County, including Salem and the I-5 corridor and reaches up into the Southwest Portland area in order to -- in the words of many insiders, ensure Democratic dominance.
Raising more than a few eyebrows is the fact that Salinas was the Chair of the hastily-formed House Special Committee On Congressional Redistricting which drew the lines for the new district which is not only vacant -- it's the only Congressional district in Oregon that does not have an incumbent member of Congress residing in it -- but it includes Salinas' own residence -- a happy coincidence, if she intends to run.
This committee, as well as the House Special Committee On State Legislative Redistricting, which Salinas also chaired were both the product of the deal-breaking move by House Speaker Tina Kotek (D-Portland) in which she reneged on a deal to share power with Republicans on these committees. Kotek is running for Governor, and insiders have noted that this kind of corruption does not put her in a good light as she runs for the first time for statewide office.
Prior to serving in the legislature, Salinas worked as a lobbyist for the government employee union SEIU Local 503 where she says that she worked to "help provide Oregon families with a fair shot by increasing the minimum wage, fighting climate change, and providing comprehensive reproductive health care coverage to all Oregon women." She has a BA in psychology from the University of California, Berkeley.
Harney and Yamhill Counties have passed firearm sanctuary ordinances
Mere days after SB 554 went into effect, Oregon Attorney General Ellen Rosenblum (D-Portland) has filed lawsuits against Yamhill County and Harney County, asking Circuit Court judges in those counties to order that state gun safety laws remain fully in force -- and fully enforceable. According the the Oregon Department of Justice -- headed by Rosenblum -- the lawsuits are in response to the adoption of sanctuary ordinances in these counties that seek to nullify new statewide gun safety laws. The ordinances also provide that responsible officials who enforce the state’s duly-enacted laws can be prosecuted or subjected to private lawsuits.
“Gun safety laws exist to help keep guns out of dangerous hands and keep people safe. A county commission simply doesn’t get to override state law in this way,” said Attorney General Rosenblum. “The laws of Oregon remain fully in force -- and fully enforceable -- notwithstanding these invalid ordinances. No officials should be frightened out of properly doing their job by the threat of illegitimate criminal charges or bogus lawsuits. Although today’s lawsuits are addressed to only these two Oregon counties, other counties have enacted similar illegal ordinances. These actions will hopefully send the message that we are prepared to preserve the rule of law across our state.”
Kevin Starrett, Director of Oregon Firearms Federation said, "This will be an interesting battle given Oregon’s forceful efforts to thwart immigration law and its legalization of hard drugs. Once again, the state will be using your tax dollars to attack the rights of Oregonians while they work overtime to protect criminals."
According to the lawsuit, a local county ordinance is
...expressly preempted in its entirety by ORS 166.170, which bars local firearm ordinances and provides that a county lacks authority to regulate in the area of firearms absent express authorization. State law expressly preempts local civil law where the “text, context, and legislative history of the statute ‘unambiguously expresses an intention to preclude local governments from regulating’ in the same area as that governed by the statute.”
Ellen Rosenblum is rumored to be considering a run for Oregon Governor.
Commissioner Lindsay Berschauer exonerated on hostile workplace complaint
Last week, Yamhill County Commissioner Lindsay Berschauer was exonerated on claims of creating a hostile work environment, harassment, bullying and defamation of character related to an internal Human Resources complaint filed by county grants manager Carrie Martin. Martin filed the complaint on April 26, 2021 in response to scrutiny she received from Commissioner Berschauer regarding her role in the failed Yamhelas-Westsider Trail project and its associated grant funding.
Yamhill County hired Christine Slattery of Miller Nash LLP to conduct a thorough investigation of Martin’s complaint and spent several months interviewing Berschauer, Martin, county staff and others. On September 27, 2021, the investigative attorney issued a statement that all allegations against Berschauer were unfounded.
The complaint alleged that Commissioner Berschauer began questioning Martin about the status of the Yamhelas-Westsider Trail project as a commissioner-elect, actions that Martin found inappropriate. Martin also objected to the questioning she received by Berschauer during a January 28th board meeting, when the trail project came before the Board of Commissioners, as “unwelcome verbal contact”. During that meeting, Berschauer exposed that Martin’s reporting of the status of the completion of the Stag Hollow Creek Bridge, a critical component of the trail project, was inaccurate.
Martin continued to allege Berschauer was working to get Martin fired by asking that complaints from members of the public regarding Martin’s behavior over the course of the trail project be added to her personnel file. Several county residents had complained to Berschauer about Martin’s behavior during public meetings, noting that Martin would “roll her eyes” at people testifying against the trail and even flipped off farmer John VanDyke during a trail site visit.
Attorney Slattery found that while Martin may have characterized Berschauer’s scrutiny of her work on the trail as “unwelcome verbal contact”, it did not violate the county’s harassment and sexual misconduct policy. Further, the investigator found no evidence to suggest that Berschauer was attempting to get Martin fired from her job.
The demise of the Yamhelas-Westsider Trail project has spurred a recall effort against Berschauer by trail proponents and special interest groups. Martin leaked the content of her complaint to the recall group in order for it to be used against Berschauer in the recall petition. The petition states Berschauer is “the subject of at least one hostile workforce complaint”. There appears to be a closely-coordinated effort between county staff and pro-trail groups to recall Berschauer by using falsehoods and specious complaints, simply because the commissioner is demanding accountability for the failed Yamhelas-Westsider Trail project.
Wood was controversial as the spearhead for COVID-19 enforcement
Oregon OSHA Administrator Michael Wood will leave his post at the end of this month to take a job with the State of Washington, the Oregon Department of Consumer and Business Services announced today.
The department expects soon to name an interim administrator of the workplace health and safety division, with a national recruitment for the position planned.
“Michael has dedicated his career to public service, has skillfully steered Oregon OSHA through many challenges, and is leaving behind a strong team of highly skilled professionals who are ready to address new challenges,” said Andrew Stolfi, director of the Department of Consumer and Business Services. “We will miss him and wish him well as he moves into a new phase of his impressive career in public service.” Oregon OSHA operates within DCBS.
Wood was controversial as the spearhead for COVID-19 enforcement, which some say has been excessively heavy-handed. In the past, he has promised fines for businesses that failed to enforce vaccine requirements on their customers, as well as imposing maximum fines on businesses who failed to enforce mask mandates on their customers. Observers are waiting to see if Governor Brown will appoint a new administrator who has the will to continue what some say is a heavy-handed level of enforcement.
Wood’s last day with Oregon OSHA is Oct. 22. He has accepted a position as deputy director of operations for the Washington State Office of the Insurance Commissioner. Wood has served as administrator of Oregon OSHA for 16 years. Before joining the State of Oregon in his current position, he worked for the Washington State Department of Labor and Industries for more than two decades.
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
According to OSHA, "Even as it has quickly responded to the COVID-19 emergency -- including adopting requirements to protect workers -- Oregon OSHA has continued to advance its long-running work addressing high-hazard industries and various emphasis safety programs. For decades, the division’s efforts – part of a larger system in Oregon focused on safe and healthy workplaces – have helped drive down injury, illness, and fatality rates in Oregon workplaces."
The Oregon Department of Agriculture (ODA) has announced the appointment of Lauren Henderson as Deputy Director, effective September 29, 2021.
“I can’t think of a better person for the position," said ODA Director Alexis Taylor. "He is a personable, proven leader and creative problem solver who can function strategically in the most challenging situations. I am confident Lauren will continue to provide ODA with strong leadership and stability during this time of transition.”
Henderson takes over for Lisa Charpilloz Hanson, long-time ODA deputy director. Governor Brown named Hanson director of the Oregon Watershed Enhancement Board last week.
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
Henderson has a long history with ODA. Before he was appointed deputy director, he served as ODA’s assistant director beginning in September 2006. As assistant director, he served as the agency’s chief financial officer and oversaw multiple ODA programs, including Food Safety, Animal Health, Weights and Measures, Internal Services, and Administrative Support functions.
Under the leadership of four ODA directors, Henderson climbed the ranks, joining the agency in 1999 as the administrator for ODA’s Administrative Services Division. Before coming to ODA, he worked at the Oregon State Hospital, serving in various roles of responsibility.
Henderson is a lifelong Oregonian, born and raised in Madras, a rural agricultural community in Central Oregon. He earned a bachelor’s degree from Western Oregon University (formerly WOSC) and has 35 years of experience working in state government.
School boards are responsible for educating children residing in the district
Turning a blind eye to developing statistics over the COVID vaccines, the Corvallis School Board is considering a vaccine mandate for children as young as 12. The option for parents of students in 6th through 12th grades is to move them to online learning, says Superintendent Ryan Noss who compares the COVID vaccine to the state mandated polio and measles vaccines.
Portland Public Schools’ school board is surveying parents on a proposed vaccine mandate for eligible students.
Parents Rights in Education, Suzanne Gallagher, warns that Superintendents and school boards are colluding to silence parents and by-pass their rights. The National School Boards Association sent a letter to the Biden Administration requesting that parents protesting school boards against mandated masks and vaccines be labeled as domestic terrorists. If parent protests at school board meetings are identified as a terrorist act, then they are subject to arrest under the 2012 National Defense Authorization Act. That Act allows the U.S. Military to arrest and detain any "suspected" terrorist without trial, legal counsel, or accusation of wrongdoing and would subject peaceful protestors, law abiding parents to a five-year prison term.
Are vaccines to protect students against Governor Brown’s welcome sign for immigrants -- of which 18% are testing positive going through Boarder Control Custody? Those not going through Boarder Control are not tested, and only as of October 1, 2021, are applicants required to be vaccinated, which are very few. The Immigrant and Refugee Community expects 1,400 refugees to arrive in Oregon between October 2021 and September 2022. In 2016 Pew Research reported 2.6% of Oregon’s population are illegal immigrants, out of a total of 10% of all immigrants. The Biden Administration is not releasing current numbers, but in 2018 there were 24,167 immigrants in Oregon’s school system. Not to worry, SB 778 funded $1.38 million and Governor Brown has requested $4.3 million federal funds. However, none is routed to schools for teaching English.
The U.S. data for children 12 to 17 from Vaccine Adverse Event Reporting System (VAERS) report tallies 14,648 total adverse events as of September 24. 2021, including 985 rated as serious and 15 reported deaths, despite the fact that parents are told repeatedly this vaccine is “safe and effective.” What is most disturbing is clinical trials show that there is approximately 1 in 1000 chance of paralysis in kids receiving the injection. The FDA has not investigated this. Instead, they have notified hospitals to expect an increase in paralyzed children within 48 days of receiving the shot. Children have zero statistical chance of death from COVID-19 so why push a shot that may paralyze them?
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
Canadian immunologist and vaccine researcher Byram Bridle, Ph.D. interviewed on Fox News has gained access to Pfizer’s biodistribution study from the Japanese regulatory agency. The research, previously unseen, demonstrates a huge problem with all COVID-19 vaccines. It documents the spike protein itself is a toxin with the possibility of causing cardiovascular damage and infertility. Within six months six out of ten girls have stopped menstruation, even showing in those that have close relations with a vaccinated person. Another study shows 1 in 317 boys 16-17 years-old will get myocarditis from the vaccine, after the booster it’s 1 in 25. The Guardian reports boys aged 12 to 15, with no underlying medical conditions, are four to six times more likely to be diagnosed with vaccine-related myocarditis than ending up in the hospital with COVID.
School boards best remember their liability under ORS 332.072 Legal Status of School Districts:
All School Districts are bodies corporate, and the district school board is authorized to transact all business coming within the jurisdiction of the district and to sue and be sued. Pursuant to law, district school boards have control of the district schools and are responsible for educating children residing in the district.
There is no question that COVID-19 can be terrible to contract, but not so much for children. The Oregon Health Authority has clearly not gained the confidence of Oregonians for good reason, and now adding a risk liability for school board members. There are lots of reasons to avoid the vaccine, but a reason for taking it can’t be to reduce the risk of death or disability.
The Corvallis School Board’s next meeting is Thursday, October 14.
Editor's note: A previous version of this article had an incorrect date for the next meeting of the Corvallis School Board. The correct date is above.
Senator Dennis Linthcum and Dr. Henry Ealy Set to present at national conference
What began as “two-weeks to flatten the curve” has morphed into blatant fear mongering, unethical mandates and a state of emergency with no end in sight despite a 99.6% recovery rate in Americans under 65 as confirmed by the CDC.
For almost two years now the news has been dominated by one story: a global pandemic that has isolated the elderly, shuttered businesses, closed schools and created trauma for young people.
During this time, suicides have spiked, friends and neighbors have turned against each other and everyone has been subjected to an endless barrage of conflicting stories, contradictory advice, and accusations of “misinformation.”
Now we are seeing mass firings of medical professionals, mandates from the federal government to businesses and countless first responders promising to walk off the job if they are forced to be injected against their will, religious beliefs and personal convictions.
Across the globe people are being told they will lose their jobs, their freedom and even their ability to shop for food if they don’t comply with government mandates that so many medical professionals have now openly rebelled against.
In Oregon, and indeed the whole country, citizens have been subjected to a constant barrage of demands from government actors and mainstream media personalities that they must comply with medical procedures they are opposed to. People with sincere convictions against those procedures, and even people who simply want to make their own medical decisions about their bodies, have been ridiculed, accused of killing their neighbors and faced calls that their rights and freedoms be eliminated until they comply.
Meanwhile, alternate opinions have been silenced and cancelled and their authors threatened for speaking up. Even bookseller Amazon has been attacked for allowing books with differing viewpoints to be sold.
Each day, America seems more like the Germany in the 30’s and the Soviet Union. Professionals with respected credentials face losing their licenses and having their reputations smeared simply for disagreeing with the approved narrative. Even while the numbers of vaccine related injuries and deaths continue to mount, and even in the face of uncontested evidence that the COVID-19 vaccines prevent neither infection nor transmission of the disease.
Now, a group of respected professionals with backgrounds in medicine, law, education, and activism have joined forces to produce an event that seeks to provide an opposing view, including Oregon-based speakers Senator Dennis Linthcum and Dr. Henry Ealy.
On October 14th, 15th and 16th, they will be presenting “COVID Conference '21 Solution Summit.”
Dr. Henry Ealy, the executive producer of the event said:
“Our COVID Research Team alone has dedicated more than 25,000 hours into investigating all aspects of COVID-19 and feel that it is imperative to produce high-integrity research to empower elected officials, attorneys, professional organizations, independent media and the public to take action on behalf of good people throughout the world. Why am I doing this? I ask myself this question often, and then I think about Simone Scott, the 19-year old Northwestern student who died horrifically after receiving experimental inoculations. I think about Hayden Hunstable, the 12-year old who took his own life during the despair of being isolated from friends during ineffective lockdowns.”
The event can be attended in person or streamed virtually. You can register for the event, learn more and find out that what makes COVID CON ‘21 unique is that proceeds from attendee registration fees will “go to fund unbiased science and education, as well as expert legal and legislative action coordinated to fight for you and your family’s future freedom.”
The stated aim of this event is to bring “everyone together so that this never happens again.” The list of speakers is “ready to share waves of truth with audiences everywhere to set the record straight and bring forth viable solutions—whether you can join us together in person or virtually you do not want to miss this event.” They are also offering a free guest pass to stream DAY 1 for free “from the comfort of your own home” with preregistration.
Computer models predicted sharp rises in temperatures that never materialized
Alarming reports of the dangers of Climate Change has intensified again with the release of the 4000 page report by the United Nations International Panel on Climate Change. Written by hundreds of scientists on payrolls of UN/IPCC member institutions the report is a watered down version of their proclamations from earlier in this century. The recent report, four years in the making, coincides with legislation at the state and national level. The goal of those sponsoring legislation is to create momentum that capitalizes on emotional decision making and ignores scientific method.
Oregon DEQ, under the direction of Richard Whitman, is closing in on sealing the deal for new Cap and Trade rules. The summer’s heat and drought in the Western States are being used to play on emotions by the majority of uninformed citizens encouraged to ‘do the right thing’ in the quest to become carbon neutral. The Western States cover only 1/40,000 of the Earth’s surface, but if you live here you may be made to feel your human activity imperials the planet.
Beginning in the 1970’s the UN/IPCC launched 102 computer models to predict among other things the Earth’s temperature in future decades. Their premise was that rising CO2 levels would surely be followed by catastrophic rising temperatures. This was a first for the scientific community that knew historically there was no connection between temperatures and levels of CO2. Ice core samples allowed accurate measure of both CO2 levels and global average surface temperatures going back at least 450,000 years.
Why would scientists now proclaim for the first time that rising Earth temperatures were caused by increased levels of CO2? These proclamations coincided with calls for reduction, even elimination of the use in fossil fuels among other measures claimed necessary to save the planet from ruin at the hand of mankind. If they could convince enough people that rising CO2 levels led to rising temperatures the calls for reduced use of fossil fuels would be justified crippling essential energy usage.
CO2 levels did rise from 280 parts per million to 420 ppm. The 102 computer models predicted sharp rises in temperatures that never materialized. The recent 4000 page report comes 12 years later with what some say is a calculated bet that the public will fall for the same lies all over again.
Rep. Dexter works to make rules for healthcare rationing
On August 5, 2021, the Oregon Health Authority adopted a temporary rule requiring healthcare providers and healthcare staff who work in healthcare settings to either be vaccinated against COVID-19 or face periodic COVID-19 testing by September 30, 2021.
Not to let OHA get ahead of their authority, on August 13, 2021, Governor Brown issued Executive Order 21-29, COVID-19 vaccination requirement for state executive branch. This includes employees in public safety, correctional, and health care settings who are also employed by the state. On August 19, 2020, Governor Brown also announced healthcare workers and all teachers, educators, support staff, and volunteers in K-12 schools would need to be fully vaccinated under a false announcement that FDA gave full approval to a vaccine, both measures take effect October 18, 2021.
On August 25, 2021, the OHA played catchup and changed the temporary rule, OAR 333-019-1010, to require full vaccination by October 18, 2021, and removed the periodic testing requirement altogether, as required by an executive order from Governor Kate Brown. The temporary rule requires healthcare workers in healthcare settings to either be fully vaccinated against COVID-19 or provide their employer with documentation of a medical or religious exception on or before October 18, 2021. In addition, by October 18, 2021, employers of healthcare providers and healthcare staff must have documentation showing that staff are in compliance with the above requirements. The revised temporary rule will remain in effect through January 31, 2022.
Now that we are seeing massive resignations of healthcare providers based on invasion of one’s body, it is leaving hospitals short on staff. Oregon Capital Insider reports that Rep. Maxine Dexter, a lung specialist and intensive care doctor is seizing the opportunity to promote state guidance on rationing. Is this the return of “death panels” feared from Obamacare?
Rep. Dexter claims clinicians are having to make decisions, lacking crisis-care standards, and that is part of what is perpetuating severe stress for some providers, because they don't have a mandated clarity.
The easy solution is to drop the mandates and restore healthcare, businesses, and school operations. Twenty-four states are demanding Biden drop vaccination mandates or face a lawsuit. They are determined to take it to the U.S. Supreme Court if necessary. Biden has since extended the compliance date to November 22. It would be beneficial for Governor Brown to do the same.
Rep. David Brock Smith wrote Governor Brown September 30, 2021, outlining emerging data on the failures of vaccines effectiveness and urged her to change course on her vaccine mandates. “If not for some of the emerging data I have outlined above, then for the freedom of choice for every Oregonian. I encourage you to provide all of the best scientific data to Oregonians and let them make a decision after consulting with their medical professionals. You shouldn’t have to be in a Union to be afforded a delay from your forced vaccine mandates. Data continues to come in and I urge you to delay your vaccine mandates for all Oregonians.”
In the meantime, OHA is proposing to permanently adopt OAR 333-003-5000 and OAR 333-047-2000, relating to COVID-19 vaccine guidance and minor consent requirements. These proposed permanent rules will replace temporary rules set to expire on November 22, 2021.
A public hearing will be held remotely by video or phone conference call on October 20, 2021 at 10:00 a.m. E-mail comments to: firstname.lastname@example.org.
On Thursday, September 30, 2021 at 12:52a.m., Portland East Precinct police officers responded to a report of someone pounding on the doors of a restaurant in the 1500 block of Northeast 103rd Avenue. The restaurant dining room was closed but employees were working the drive-through at the time.
Officers attempted to talk to the man, including an Enhanced Crisis Intervention Team officer that specializes in crisis communication. The ECIT officer used de-escalation techniques including giving the man time and space. He remained uncooperative, so officers backed out and monitored from a distance.
A short time later the man used a rock roughly the size of a grapefruit to break the glass door and access the inside. Employees hid in a freezer room to get away from him. Officers chased the suspect inside, but he barricaded himself in a breakroom. The officers evacuated the employees while they negotiated with the man. After a lengthy communication period, an officer used a sledgehammer to break a window to allow another officer to deploy pepper spray.
After the use of pepper spray, the suspect was convinced to come out and surrender. During the incident, an officer was cut with broken glass. He was treated and released from the hospital.
Anthony Bellamy, 38, was treated medically and then booked into the Multnomah County Detention Center on charges of Burglary in the Second Degree, Criminal Mischief in the First Degree, and Disorderly Conduct in the Second Degree.
In a contentious meeting of the Newberg School District, the board passed a new policy on staff political involvement on district time and using district resources. The board rescinded the motion 28 passed in August, which restricted the display of flags, including BLM and rainbow flags to pave the way for the passage of a policy on staff participation in political activities.
The two-page policy -- which was describe by board chair Brian Shannon as "uncontroversial" -- can be summed up as "No employee will use district facilities, equipment or supplies in connection with his/her political activities, nor will he/she use any time during the work day for such political activities."
The details of the policy are set out in a section entitled "Ensuring Safe Environments to Learn":
No district employee shall, while acting within the scope of their employment, either during school hours, or inside their physical area of responsibility at a school (such as a classroom, meeting room, desk area) hang, post, erect, or otherwise display ( hereafter “display”) any posters, signs, flags, banners, pictures or other digital or physical image that depicts support or opposition relating to a political, quasipolitical, or controversial topic.
For purposes of this policy a controversial topic shall be defined as one that a professional educator could reasonably understand to have students on more than one side of said issue. For purposes of this policy a political or quasi‐political topic includes
contemporary issues being debated in the local, state or national political climate.
Any person concerned with a particular Display should first notify the District employee believed to be responsible for the Display. Alternatively, the concerned person may file a complaint with a supervisor, school principal or the principal’s designee pursuant to District Policy.
The policy was approved by a vote of 4-3 with Directors Dave Brown, Brian Shannon, Renee Powell and Trevot DeHart voting yes and Directors Rebecca Piros, Inex Pena and Brandy Penner voting no.