The City of Gresham, Oregon's police department, faced with significant staff shortages, has made what they are calling a difficult decision to pause the School Resource Officer (SRO) program with Centennial, Gresham-Barlow and Reynolds school districts.

Gresham Police is working to fill 19 sworn officer vacancies and plans to re-deploy officers currently assigned to the SRO program to patrol positions.

"While this was a very difficult decision because we understand the value of our school resource officers to the community, it is what’s necessary at this time to increase our ability to respond to emergencies,” said Police Chief Travis Gullberg. “Knowing it takes upwards of 18 months to onboard a new officer, we need to be realistic about our ability to fulfill our contracts with our school partners. Recruiting and retaining officers is a top priority, and we hope to announce the return of the SRO program as soon as staffing allows.”

The City currently receives grant funding from the State of Oregon to help operate a new Youth Services division, which contracts with local, culturally competent community based organizations (CBOs) for outreach, intervention and youth violence prevention efforts.

The city says that while the Youth Services team can’t offer security services, they are working with school district partners to help provide outreach services for students.

For districts that are interested, the City will begin discussions with CBOs and school district partners to explore creative strategies as they continue to focus on violence prevention.

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Gresham says that When Gresham Police staffing stabilizes, the City plans to work with districts to reinstate the SRO program.

Gresham City Council already invested $5.2 million of American Rescue Plan Act funds in the police department to provide hiring bonuses, training, add non-sworn staff to assist with officer workload, and launch a pilot Community Service Specialist program to handle non-emergent calls.

With part of that funding, the police department is hiring a dedicated emergency services recruiter, offering referral bonuses, and working with the state of Oregon to try to reduce some of the onboarding barriers faced when hiring new officers.

In August, Gresham City Council will consider the adoption of a three-year City financial plan that includes an additional $6 million investment in the police department.


--Ben Fisher

Post Date: 2022-07-16 15:59:10

Last Update: 2022-07-16 16:17:32

A new universal three-digit dialing code for suicide prevention and mental health crisis — 988 — is now live after taking effect nationwide on Saturday, July 16, 2022. SAMSHA (the Substance Abuse and Mental Health Services Administration of the U.S. Department of Health and Human Services) will administer the new "988 Suicide and Crisis Lifeline," according to an announcement put out by the Oregon Department of Veterans' Affairs, directed by Kelly Fitzpatrick.

The previous toll-free number 1-800-273-TALK (1-800-273-8255) will remain also active and will connect callers to the new 988 Lifeline.

The 988 Lifeline is designed to become a simple alternative to both 911 and the existing 1-800 number. One of the goals of the new number is to reduce the use of 911 for suicide and mental health crises because it can result in inadequate or inappropriate intervention by police, or unnecessary hospitalization or incarceration. Calling 988 instead will direct the caller to representatives specifically trained in the management of suicide risk and other mental health crises.

This new, simplified tool is critical for the support networks and caregivers of veterans and service members, who experience higher rates of suicide across all ages and demographics than the civilian population. To reach the Veterans Crisis Line, dial 988 and press "1" to be routed to that resource.

People who are deaf or hard of hearing can access TTY by dialing 711 then 1-800-273-8255 or using their preferred relay service. Lifeline is in the process of expanding to video phone service. Interpretation through Language Line Solutions is also available in over 250 languages. Lifeline also offers services through chat and text (in English only).

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For more information, please see the following resources:

• SAMSHA, "988 Suicide and Crisis Lifeline"
• National Suicide Prevention Lifeline general information
• National Suicide Prevention Lifeline, "988 Planning Grants: A funding opportunity by Vibrant Emotional Health and the Lifeline to plan for the implementation of 988"

Formerly the Mental Health Association of New York City Vibrant Emotional Health, through a special funding opportunity, seeks to collaborate with public health and mental health agencies in all 50 states and the District of Columbia to plan for the development of appropriate infrastructure and operations necessary for the full implementation of 988. Vibrant runs innovative community programs for people at all stages of life, and state-of-the-art crisis lines.

In July 2022, 988 will become the national three-digit dialing code for the National Suicide Prevention Lifeline, replacing the current phone number of 1-800-283-TALK (8255). As the administrator of the Lifeline since its inception in 2005, Vibrant Emotional Health knows that a national three-digit phone number can improve access to vital crisis services, improve the efficacy of suicide prevention efforts, and reduce the stigma about mental health and getting help.


--Staff Reports

Post Date: 2022-07-16 09:50:31

Last Update: 2022-07-16 10:20:13

In the middle of his campaign for reelection, Senator Ron Wyden may find himself defending the River Democracy Act, the subject of a lawsuit. Senator Wyden introduced S. 192, known as the “River Democracy Act” with Senator Jeff Merkley. The legislation designated nearly 4,700 miles of rivers, streams, creeks, gulches, draws and unnamed tributaries in Oregon as “wild and scenic.”

On June 22, 2022, Western Resources Legal Center filed a Civil Right - Freedom Of Information Act lawsuit against United States Department of Agriculture. Federal land managers are being accused of failing to release documents about the controversial River Democracy Act violating the Freedom of Information Act.

The controversial land grab applies to half-mile buffer zones along designated segments. It could impact public access, water resource management, forest and vegetation management, ranching and grazing, mining and other uses on an estimated 3 million acres of public lands.

It is Western Resources Legal Center’s intent to provide farmers and ranchers that rely on public land for their livelihood, with information to better explain the River Democracy Act.

The WRLC requested information backing government official’s testimony at the hearing on S. 192. The lawsuit indicates testimony included that the U.S. Forest Service and U.S. Bureau of Land Management had documents analyzing potential impacts of the added waterways, the river miles and acres, and effect and methods of enforcement. They suggested a comprehensive river management plan for implementation.

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After eight months of delay, exceeding all legally mandated deadlines, WRLC concluded they believe the government is seeking to hide records from the public and question where the information came from used in their testimony. Prior to the passage of S. 192, Senator Merkley was asked about streams flowing through highly mineralized areas by Ken Alexander of Unity. Merkley said, “What that does is it prevents any future mining or prospecting on those rivers and I’m concerned about the process going ahead of how you’re going to investigate what rivers really belong in this bill.”

Merkley passed the buck claiming Wyden compiled the areas based on nominations he received from residents across the state. It seems that the commercial river guides and stewards promoted some 15,000 river nominations. They state on their website, “The River Democracy Act includes many important tributaries of the Wild and Scenic Illinois River, acknowledging its significance as a botanical and wild fish stronghold. It furthers this long-term effort by withdrawing the delicate serpentine source wetlands surrounding the Illinois from mining.”

What isn’t clear is whether all these miles qualify as a National Wild and Scenic River. To qualify, waterways must be within public land, free-flowing and contain noteworthy characteristics that make them unique. The Wild and Scenic Act thus labels these traits “Outstanding and Remarkable Values” that can include cultural history, geology, recreation, botany, water quality, etc. It is further classified in degrees of accessibility on foot and primitive. The River Democracy Act goes beyond preservation by enhancing Southern Oregon’s river productivity, encourages restoration projects and land acquisitions by doubling the protection zone around river segments to a half-mile impacting public access.

Environmentalist have been at odds with miners for decades. The River Democracy Act takes Oregon’s battle to the federal level. It isn’t that Wyden and Merkley were not aware their bill prohibits future mining within these zones. Oregon is the only producer of emery in the U.S. and a major producer of diatomite, perlite, bentonite, gemstones, and zeolites. Oregon’s mineral industries provide essential goods and services, from the construction materials needed to build and maintain our communities and roads to energy sources that power our day‐to‐day lives.

What information did Wyden and Merkley authorize to pass the River Democracy Act? Why does it take a court case to find out? The case was filed in U.S. District Courts, Oregon District Court. The Judge overseeing this case is Jeffrey Armistead. The case status is Pending.


--Staff Reports

Post Date: 2022-07-15 14:52:26

Last Update: 2022-07-15 17:39:43

The measures to be voted on in the November election have been determined. They include two referrals by the legislature and two measures placed on the ballot by citizens' initiative. As provided by the Oregon Constitution, committees are being formed to create explanatory statements.

Initial appointments have been made to the explanatory statement committees for ballot measures to be voted on at the General Election. Chief petitioners appointed two members to the committee and the Secretary of State appointed two other committee members. The four appointees are responsible for selecting a fifth committee member.

For each ballot measure to be voted on at the General Election, the explanatory statement committee is responsible for preparing an impartial, simple, and understandable statement explaining the measure, not to exceed 500 words. Upon completion of this task the statement is filed with the Secretary of State Elections Division, so that a public hearing on the statement may be scheduled. If a statement receives comments during the public hearing, the explanatory statement committee must meet to review comments and consider revisions to the statement.

The Legislative Policy and Research Office staff will conduct remote meetings with the explanatory statement committee to select fifth members, and subsequently hold meetings with the committee to write and possibly revise statements. You may observe the committee deliberations live via the Oregon State legislative website.

The committee is not required to take public testimony at each meeting, but the Secretary of State’s Office will hold a public comment meeting on Wednesday, August 3, 2022, from 1 - 3 p.m.

Initiative 14 - Amends Constitution: Legislators with ten unexcused absences from floor sessions disqualified from holding next term of office
Members: Sen. Dennis Linthicum, Joe Baessler, Bruce Gilley, Tan Perkins
Meeting to Elect Fifth Member: 10:30-11:00a.m., Tuesday, July 19, 2022

Initiative 17 - Requires permit to acquire firearms; police maintain permit/firearm database; criminally prohibits certain ammunition magazines
Members: Elizabeth McKanna, Margaret Olney, Leonard Williamson, HK Kahng
Meeting to Elect Fifth Member: 2:00-2:30 p.m., Monday, July 18, 2022
Drafting meeting: 3:00-5:00 p.m., Tuesday, July 26, 2022
Reconsideration meeting: 10:00 a.m. -12:00 p.m., Friday, August 5, 2022

Referral 401 - Amends Constitution: State must ensure affordable healthcare access, balanced against requirement to fund schools, other essential services
Members: Sen. Tim Knopp, Sen. Rob Wagner, Rep. Raquel Moore-Green, Rep. Barbara Smith Warner

Referral 402 - Amends Constitution: Removes language allowing slavery and involuntary servitude as punishment for crime
Members: Sen. Rob Wagner, Rep. Barbara Smith Warner, David Wall



--Staff Reports

Post Date: 2022-07-15 13:53:15

Last Update: 2022-07-15 14:52:26

The Oregon public is invited to attend a virtual hearing on the draft amendment to the Oregon Highway Plan that the Oregon Department of Transportation (ODOT) says will guide the state in using tolling as a way to raise funds for transportation system improvements.

ODOT has provided some details for the hearing, which include:

• It is to be held on July 20th, at 1 p.m.
  
  
• You should sign up ahead of time to make comments.
  
  
• Details for joining the Zoom in are on the website.
  
  
• A comment form is linked from the website and also available here.
  
  
• The draft amendment is on the website: OHP Policy Amendment Draft for Public Review.
  
  
• You can also send an email with comments.

The comment period is open until August 1.

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The Oregon Highway Plan has an existing policy section on tolling.

This draft policy amendment proposes an update to that section, which is "Goal No. 6: Tolling." ODOT says that the draft amendment is intended to modernize the state’s pricing and tolling policy.

They say it defines terms, such as congestion pricing, and it offers guidance for the use of revenue and setting rates (but it does not set rates). It also supposedly provides the Oregon Transportation Commission with clearer direction for decision making. There are 15 policies in the draft amendment, each with actions to guide implementing the policy.

ODOT insists that this amendment is not about whether or not the state should toll roads, and that it will provide guidance for doing so if the state decides to use tolling.

Public input will inform potential revisions to the plan amendment.

ODOT says that their goal is to have a final version ready for adoption later this year.

The Oregon Highway Plan is the state’s primary highway guide, establishing a 20-year vision and strategic framework for Oregon’s road system. The current plan was approved by the commission in 1999 and has been modified numerous times, including in 2012 to add the current section on tolling.


--Ben Fisher

Post Date: 2022-07-13 20:51:50

Last Update: 2022-07-13 21:24:29

The Oregon Department of Environmental Quality has released a new online tool that will give the public greater access to water quality monitoring data. The Pesticide Stewardship Partnerships Data Viewer is an interactive tool that displays monitoring data collected by Oregon's Pesticide Stewardship Partnerships, a voluntary program co-managed by DEQ and the Oregon Department of Agriculture.

Oregonians who want to know what pesticides are in their local streams can now easily access monitoring results through data viewer. "The development and release of this new tool directly supports DEQ's efforts to improve transparency and provide easy access to environmental data," says Jennifer Wigal, DEQ's Water Quality Administrator

The tool provides access to current and historic pesticide water quality data that DEQ and the Department of Agriculture use to inform the management of the program, which monitors for more than 130 chemicals in Oregon surface waters.

Users can view the data in different formats to meet their needs, such as data for a particular pesticide they are interested in, data from a specific location and/or specific time-period, or a summary of all pesticide detections and measured concentrations across PSP basins. The tool also includes an interactive map, which displays where the water samples are collected, the areas that may be contributing pesticides to each sample location, and generalized land uses (e.g., agriculture, urban or forest) to help users better understand the monitoring data.

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"Orchardists in the Hood River Basin have done amazing work in the last two decades to use pesticides responsibly and reduce concentrations in local streams," said Brian Nakamura, President of Nakamura Orchards and Board Chair of the Hood River Soil and Water Conservation District. "We want members of the public to be able to view the pesticide data and to increase awareness of the work that's been done to protect water quality."


--Staff Reports

Post Date: 2022-07-12 17:17:07

Some parents in the Salem-Keizer School District are asking why The District's Director of Strategic Initiatives Suzanne West is hiding behind a secret committee with regards to refusing to rid schools in the district of the explicit and pornography-laden book, Gender Queer?

According to some parents, there has been an alarming trend to sever parent child relationships within Oregon schools such as Salem-Keizer district. Parents have been trying to have the book, Gender Queer removed from schools to no avail. After requests are received a committee is supposed to be made up of school librarian, parents, school administration and teachers are required to decide as was the case when controversial ‘anti racism’ book “Stamped,” was kept on the shelves.

With Gender Queer West held a secret meeting with a secret committee and decided to ignore parents who were actively trying to be a part of the process and Suzanne made the decision to retain Gender Queer in their school libraries. Why did Suzanne exclude the parents paying for these books, through tax dollars, from the book reconsideration process?

The root of the problem is not books or free speech. To say kids should be allowed to read any books at school is unjustifiable. Parents in Salem-Keizer are not trying to stop books from being read by kids, they are simply trying to protect kids from harmful hyper-sexualized content.

For many parents this shows a deep lack of responsibility and care concerning our children who deserve a real education that focuses on reading, writing and math. Oregon education is at the bottom of the nation despite all the policies of inclusivity. Want to be an inclusive school? Teach kids how to excel in reading.

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The question is not whether books like Gender Queer have literary, artistic, political, or scientific value. The issue is that parents should have the right to prevent their kids from being exposed to obscene materials. Legal sources have said it could be a Class A misdemeanor if obscene materials like Gender Queer is presented to a minor outside of school. Educators are not meant to be teaching and forcing kids to learn about sexual pleasure which is what books like Gender Queer does.


--LaRissa Burke

Post Date: 2022-07-12 08:58:23

Last Update: 2022-07-12 17:06:05

Health officials are emphasizing information-sharing, testing, vaccination and treatment as part of Oregon’s response to a national outbreak of hMPXV -- human monkeypox virus -- that includes at least six cases in the state.

The cases in Oregon are all among men -- one in Multnomah County, confirmed June 16 -- two confirmed July 1 and one confirmed July 6 in Lane County -- and two in Washington County, confirmed July 6. There have been no deaths.

According to a Monkeypox Report released by the Oregon Health Authority, Monkeypox is a rare disease caused by infection with monkeypox virus (MPXV). The Orthopoxvirus genus, which includes MPXV, also includes variola virus (which causes smallpox), vaccinia virus, and cowpox virus. Historically, it has been a zoonotic disease -- transmitted from animals to humans -- and is endemic to forested areas of Central and West Africa. It is unclear which animals are reservoirs for monkeypox, however, rodents in endemic areas appear to be likely candidates.

The name stems from the first recognized outbreak, in monkeys in a Danish laboratory in 1958. The first human case was identified in 1970 in the Democratic Republic of the Congo. In May 2022, monkeypox emerged in humans in several countries without enzootic or endemic disease. The federal Centers for Disease Control maintains a list of these countries.

The distinctive rash is typically preceded by a prodrome of fever, headache, and muscle aches, however in the 2022 outbreak, many cases have not reported prodromal symptoms. Lymphadenopathy is common and is a distinctive feature of monkeypox, compared to other common febrile rash illnesses. The prodrome is followed within 1–3 days by a rash, often on the face, spreading to the trunk and limbs. The rash evolves through several stages — starting with flat macules or patches that progress to firm, deep-seated papules, which then may fill with fluid or pus, and eventually scab and fall off. Lesions can display umbilication. Lesions typically develop simultaneously and evolve together on any given part of the body. The illness typically lasts 2–4 weeks.

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Historically, transmission has often resulted from animal exposure in endemic areas. Human-to-human spread is from direct or indirect contact with body lesions, including skin-to-skin contact with lesions, contact with contaminated objects such as towels, bedding, or other fomites containing such fluids, or potentially from large respiratory droplets. Transmission risk is low (basic reproduction number ~2) and usually requires close, prolonged contact.


--Staff Reports

Post Date: 2022-07-11 17:19:50

On June 30, Dominic Maze, an invasive species biologist for the City of Portland, happened to discover an emerald ash borer. Maze's discovery of an emerald ash borer in a parking lot in Forest Grove is the first known sighting on the West Coast. Maze was familiar with EAB and signs of it in ash trees through educational materials federal and state agencies have been providing to Portland and other Oregon cities. He immediately called the Oregon Department of Forestry's Forest Health Unit to report the emerald ash borer sighting.

ODF Forest Entomologist Christine Buhl drove to the site that same day and identified an adult EAB, known for their metallic, shiny green color. She then alerted the Oregon Department of Agriculture. Her identification was verified later by two additional invasive species specialists – Max Ragozzino with ODA and Wyatt Williams with ODF.

State officials are asking the public to learn what an emerald ash borer looks like and to report any sightings online at the Oregon Invasive Species Council hotline. This will help the state know how far and how fast this destructive insect is spreading in Oregon.

The emerald ash borer is native to eastern Asia and has spread to about three dozen states since its first detection in Michigan two decades ago. The emerald ash borer is now considered the most destructive forest pest in North America. Although harmless to people, pets, and animals, it has proven deadly to all ash species in North American and Europe, including the native Oregon ash. The emerald ash borer can also infest American fringe trees and European olive trees.

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The infested ash trees in Forest Grove were cut down and chipped within 48 hours of discovery. ODF and ODA are now working closely with industry partners, including urban foresters and nursery producers, to provide information and resources as Oregon launches a response to the discovery of the emerald ash borer.

The state is using the Emerald Ash Borer Readiness and Response Plan for Oregon as a guide in its response. The plan was finalized in March 2021 and created through the collaborative efforts of a diverse group of stakeholders and state agencies. The state will be consulting with local and federal governments and providing updates to the public and industry as it moves through its response efforts.

To report sightings of emerald ash borer please make a report online at the Oregon Invasive Species Council hotline. For more information about the emerald ash borer please visit ODA's Emerald Ash Borer webpage.

For more information about impacts of the emerald ash borer to Oregon's urban forests and the risks to native ash trees please visit ODF's Forest Health page.


--Staff Reports

Post Date: 2022-07-11 08:59:43

Last Update: 2022-07-11 09:16:13

The Oregon National Guard buckled down this week barring members who have not followed orders to be vaccinated against COVID-19 from taking part in military duties.

The order comes in response to the Department of Defense’s August 2021 order that all military personnel be vaccinated against COVID-19.

The order is aimed at around 240 Guard members out of 8,000. Service members have the option to qualify for a permanent medical exemption or religious accommodation, and if denied they have the right to appeal that decision within 30 days. The urgency came now when the U.S. Army announced plans to enforce the vaccination deadline for the mandatory two-week summer training.

That new mandate came at the same time that the Oregon Health Authority (OHA) released June’s report that 56.5% of COVID-19 cases were vaccinated and 41.1% of them were fully vaccinated with boosters. Observers should also keep in mind that the vaccinated cases are only counted if contracted more than two weeks after being vaccinated. If contracted within two weeks, they are counted as unvaccinated.

Flip the coin and American cardiologist, Dr. Peter McCullough, shared that “This month the World Council for Health (WCH) which represents 70 bodies worldwide has called for a global recall of all vaccines.”

The World Council for Health points to 40,000 deaths from the vaccine, when they suggest that the standard for pulling a vaccine off the market is 50 deaths. According to the WCH,the CDC admitted on December 10, 2021, that 79% of omicron patients were fully vaccinated. Despite the large number of deaths and the recall from the World Council For Health, Oregon keeps pushing the narrative to encourage as many people as possible to get the controversial vaccine.

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On June 30, 2021, Governor Kate Brown rescinded Executive Order 20- 66 and many other executive orders that directed OHA to issue enforceable guidance for various sectors of the state regarding COVID- 19 restrictions. Still, entities continue to follow those directives as if they are federal or state statutes, regulations and rules, or local ordinances.

Despite building evidence that the COVID vaccine is ineffective and the death rate is growing, OHA continues to say: “COVID-19 vaccines are safe and effective at protecting people from getting seriously ill, being hospitalized and dying. The Centers for Disease Control and Prevention recommends a COVID-19 primary series vaccines for everyone ages 6 months and older, and COVID-19 boosters for everyone ages 5 years and older, if eligible.”

OHA now shows the number of people who died with COVID-19 that had underlying conditions. They range from 88% to 100%. They say as a takeaway, “The majority of people who died with COVID-19 had an underlying condition, at a consistent 90% or more across all time periods of the pandemic.”Critics are saying that the OHA neatly avoids reporting how many deaths were vaccinated.


--Donna Bleiler

Post Date: 2022-07-10 16:13:26

Last Update: 2022-07-10 17:39:07

According to the Oregon Republican Party, independent gubernatorial candidate and former State Senator Betsy Johnson claims she wants to ‘hold government accountable,’ but Oregonians must hold her accountable for past actions during her term of public office, including ethics violations, an FBI criminal investigation, and the attempt to use “legislative immunity” to escape accountability for injuries caused by her actions in a car crash.

“In a time when the public’s trust in government officials is alarmingly low, Oregon citizens need to know that those in public office have integrity and an unwavering commitment to personal ethics and accountability. Oregonians are tired of ‘rules for thee, but not for me.’” Oregon Republican Party Chairman Justin Hwang responded to these revelations.

In 2007, Johnson admitted to ethics violations after she failed to report profits from a land sale. The Government Standards and Practices Commission investigated whether “Johnson failed to report her profits from a property sale that has been linked to legislation that she sponsored. The parcel next to the Scappoose airport was sold three months after purchase for a $119,000 increase in value. The legislation she sponsored gave special access to landowners with property next to airports. Johnson admitted to the ethics violations and was fined $600.

In 2008, Betsy was under criminal investigation by the FBI after admitting to violation of state ethics laws. "Sen. Betsy Johnson, D-Scappoose, who admitted to violating state ethics laws earlier this year, is now under a criminal investigation by the local FBI office. Three sources who have been interviewed by investigators say the FBI since last summer has been looking into business dealings by the Democratic senator." No action was taken as a result of this investigation.

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Johnson used legislative immunity to fight a lawsuit for a traffic accident she was part of in 2013. "In 2013, according to court records, then-state Sen. Betsy Johnson (D-Scappoose) rear-ended a driver stopped at a red light in her hometown. But the crash was also significant for the way that Johnson attempted to fight off the lawsuit filed by the woman in the other car. Melissa Gallentine, 42, says Johnson tried to avoid taking any responsibility for her injuries—by claiming she was performing legislative duties driving to the Capitol." All parties were covered by insurance and compensated.

More than one insider found it interesting that the Oregon Republican Party has taken to attacking the independent candidate Betsy Johnson, while ignoring the Democratic Nominee, Tina Kotek, a move that some say shows that Johnson is finding support within the Republican Party.


--Staff Reports

Post Date: 2022-07-09 09:22:42

Last Update: 2022-07-09 10:11:49

Linn County District Attorney Douglas Marteeny, Lane County District Attorney Patty Perlow, and Salem attorney Kevin Mannix, have joined in criticism of Governor Kate Brown’s July 1 action to create a Clemency Review Process of her own. The Governor’s new Clemency Review Process is designed to be an alternative to the statutory clemency review process, based on a letter from Governor Brown to the Oregon District Attorneys Association.

District Attorneys Marteeny and Perlow are represented by Kevin Mannix in a lawsuit challenging the process used by the Governor as to clemency cases. Their challenge is before the Oregon Court of Appeals and arguments in the case were presented to the Court on June 23, 2022.

Mannix describes the legal action taken against Governor Brown. “We are in Court challenging the assertion by the Governor that she is not obligated to follow the specific legal process for cases where an application for clemency has been presented to the Governor. The Governor, in this litigation, has asserted that she is free to create her own clemency process which is outside the process required by law. Her own clemency process, before July 1, was informal and failed to meet the legal requirements that the Governor notify each District Attorney of the case where the Governor is considering a clemency application, and then allows crime victims to present their perspective to the Governor.”

Mannix also pointed out that, “In a letter to Oregon's District Attorneys, the Governor has now fortified her position by appointing her own victim impact liaison and by asserting that she will be in a position to decide whether or not crime victims will have an opportunity to express their views to the Governor. This process is in direct violation of the process required by law. As I pointed out to the Court of Appeals in my argument on June 23, the Governor seems to believe that she is in an alternative universe where she can create her own clemency process outside of the law. Her July 1 announcement expands this bizarre proposition by creating this alternative process where the Governor and her representatives get to decide whether or not crime victims will be given an opportunity to be heard in regard to clemency applications by the criminals who harmed the victims.”

Linn County District Attorney Douglas Marteeny weighed in, saying, “The Governor’s recent statements emphasizing her concern for crime victims in the commutation process seem disingenuous at best. Just two weeks ago she advocated before the Appellate Court to interpret the law in a way that reduces a victim’s voice. The Governor fought to be able to sidestep victim protections found in ORS 144.650.

Marteeny continued, “If the Governor’s position and concern for victims have changed in the past two weeks, then I call upon her to revoke all her previous victim-silenced commutations where she didn’t follow ORS 144.650. I further ask the Governor to join me in working to mold the law, through legislation or legal interpretation, in a manner that will require herself and all future Governors to first hear from victims before commutation decisions are made.”

“It is disappointing, to say the least,” said Lane County District Attorney Patty Perlow, “that as we await the Court of Appeals decision, Governor Brown continues to create chaos and instability in our criminal justice system. As district attorneys across the state struggle to apply limited resources intended to prosecute criminals and enforce the rule of law, this Governor, and her cohort Professor Aliza Kaplan, are creating the ‘crisis’ of unprecedented numbers of felons applying for early release consideration. I object to the creation of yet another ‘alternative’ process and the appointment of a Victim Impact Liaison on the Governor’s staff. This merely continues to distance the Governor from the victim and the cold hard facts that she wants to ignore.”


--Staff Reports

Post Date: 2022-07-09 08:59:52

Last Update: 2022-07-09 10:10:33