In 2012 Oregon voters were convinced to pass Measure 85 and divert the corporate kicker revenue into a fund for K-12 public schools instead of rebating the money to companies. When passed the corporate refunds typically averaged about $120 million every two years. In 2019 the corporate kicker sent $616 million and in 2021 it sent $420 million to K-12 schools. The corporate activity tax, which funds the Student Success Act, added about $2.3 billion for 2021-23 school budget. This translates into about $800 million in direct grants to school districts.

Despite Oregon’s windfall of cash rolling into schools, high school graduation rate is still one of the lowest in the nation, and colleges and universities have suffered a steady decline in enrollment. According to Oregon Higher Education Coordinating Commission (HECC) reported last year that Oregon ranks 34th in the nation in its investment into higher education. Now colleges and universities are crying what about us?

Sen. Rob Wagner (D-Lake Oswego), state Senate majority leader, said regarding the forecast, “Oregon’s economy is still strong. Oregon Senate Democrats’ investments in housing, education and child care are showing results.” Not according to The National Center for Higher Education Management Systems (NCHEMS), a private nonprofit hired at the suggestion of Oregon Governor Kate Brown asking Oregon Community College Association and the Oregon Council of Presidents to undergo a comprehensive study in order to get recommendations for financial stability on how to strengthen the higher education system in the state. The report details options for a pathway in the September 23, 2022, Oregon Higher Education Landscape Study. It boils down to more taxpayer dollars are needed.

NCHEMS’ report begins with a list of demands on the state that will “increase demands on taxpayers in a state where the per capita income is below the national average, where income taxes are the primary source of state revenues, and where there is little appetite for increasing tax rates to pay for needed service.”

NCHEMS’ report ultimately suggests the way to succeed is to increase the number of workers and high-paying jobs. It claims that Oregon lacks in qualified workers, so it points to students needing more affordable access to college, and the state’s taxpayers need to shell out more money to support higher education.

The report suggests that tuition revenues alone will not pay for the investments needed to create a work force. Projections indicate fewer traditional college-age students in the years to come, and recruiting out-of-state students are also discouraging with the number of high school graduates in neighboring states projected to decrease substantially.

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Portland Community College has proposed their own Measure 26-224 requesting voters to approve a $485 million to cover a decrease of 28,000 students in the past five years, and provide more on-line classes.

Oregon colleges have two main paths to grow enrollment: improve high school graduation rates and more successfully funnel those graduates into Oregon colleges, and increase college participation for older adults.

NCHEMS states that the number of younger adults in Oregon, ages 25-34, with a postsecondary degree is well below the national average. The rate at which high school graduates go directly onto college is also among the lowest in the country meaning those entering the workforce are less well educated.

In 2020 Oregon institutions outpaced the national tuition revenue by over $800 per student. State funding has increased by more than 40% in the last 10 years, public funding exceeded the national average by 22 percent. The student’s share spiked over 50 percent overall in 2020. According to HECC data, in the 2020-21 school year, Oregon had the highest average tuition for residents at four-year institutions out of all western states. “There is an argument for ensuring that tuition rates for in-state students are stabilized or reduced and the state backfill any lost revenues to the institutions.”

Many of the points made in the NCHEMS report have been laid out by the HECC in a presentation on postsecondary education and workforce training to the legislature’s Joint Committee on Ways and Means Subcommittee on Education in April 2021. HECC submitted its requested budget for the 2023-25 biennium that includes a funding increase for higher education of more than 35% or roughly $1.4 billion more than the current budget. The requested budget makes public colleges and universities sustainable, requested funding for capital projects, money for financial aid program such as continuing the new Oregon Tribal Student Grant and increasing funding such programs as the Oregon Opportunity Grant and Oregon Promise.

NCHEMS said Oregon higher education institutions can’t rely solely on more state funding to solve its problems. Oregon must work to improve their retention and graduation rates helping students already enrolled needing assistance to make it to graduation. Oregon institutions should encourage enrollment of students who chose work instead of college when they leave high school. There is a need to work with public schools to improve their graduation rates in order to funnel those additional students into higher education.

Oregon legislature passed a requirement for colleges and universities to collaborate to unify courses and develop joint programs making transfers seamless. Even so, little has been done according to the NCHEMS report. The report recommends collaboration would advance student access to programs with cost efficiencies, and cooperation with K-12 school districts would strengthen pathways into higher education for overall educational achievement in Oregon, and “rebalancing the funding responsibilities for higher education in the state so that the students pay a smaller share and the state a larger share.”

NCHEMS concludes that increased investment in higher education could help the state in a number of ways, most importantly funneling more tax-paying residents into high-wage jobs in a state that relies heavily on income tax to support higher education. However, the vision must be advanced from leadership and stakeholders and not perceived as being a vision for higher education.


--Donna Bleiler

Post Date: 2022-11-03 10:33:11

Last Update: 2022-11-03 11:36:15

Last week Oregon was being hailed for another first. News outlets were claiming the arrest of federal government firefighter Rick Snodgrass at a fire on October 19 for conducting their assigned duties was a first. In a prescribed burn of a 300-acre thick underbrush in the Malheur National Forest, the fire jumped a containment line and burned an unintended 18 to 20 acres of adjacent private land.

Grant County Sheriff Todd McKinley told “Wildfire Today” that when the Malheur National Forest’s Star 6 prescribed fire escaped control and spread onto the privately owned Holliday Ranch, the ranch employees were actually out helping them try to catch the fire and prevent it from doing more damage. But at the same time some of them were “highly upset.”

Two sisters from the family-owned Windy Point Cattle Co. confronted the Forest Service's "burn boss," Ricky Snodgrass, on why they were burning and then dialed 911. The Grant County sheriff arrived and placed Snodgrass under arrest for a reckless burn. He was later granted conditional release from custody pending further investigation.

In his interview, Sheriff McKinley said the next step is “getting to the bottom of why they were even burning to begin with and why they chose to burn at that time. You know, there’s a lot more to this. Everybody knew it was a bad burn, should not be happening. Even the fire staff out there, there are fire personnel that were on scene that are afraid to say much because, you know, their jobs. It was not the right time to burn and there may have even been means taken to get that burn done that were outside the scope. That’s kind of where it’s at. You know, it’s a really tenuous situation and more details will come out.”

The recognition of the unintentional burn by the US Forest Service has been one of avoidance. On Twitter they acknowledged the escape but said it was caught within an hour, and failed to mention the arrest. The Forest Service chief and regional director has been supportive of the employees carrying out their official duties as federal employees. However, there is no acknowledgement of the loss to ranchers as a “good neighbor” would.

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Tonna Holliday, one of the sisters, who lost about 20 acres of timber and grassland, illuded to a conflict between private landowners and federal land managers in eastern Oregon has been simmering for years. In Grant County the U.S. government manages around 60 percent of the land. When the first burn started six days prior to leaping the boundaries, she said they spoke with Snodgrass about the burn consuming fences on federal land that they are responsible for maintaining and showed signs of jumping the highway. For her, somebody needed to be accountable.

The Good Neighbor Authority Agreement was first passed in 2016 as a step for Oregon to enter into cooperative agreements with the U.S. Forest Service allowing the state to perform forest management and watershed restoration services on National Forest lands. Jeff Burns, Program Director, said in 2021 that 92-93 percent of all wildfires were on federal lands, which accounts for 60 percent of forested lands in Oregon. Burns reported, since 2016, significant progress had been made in wildfire risk reduction on federal lands through fuels reduction and forest thinning projects. He said, “Any efforts to reduce wildfire risks in Oregon, must involve federal lands in a meaningful way.”

The U.S. Forest Service adopted a plan earlier this year to step up prescribed burns, and aggressively thin forest stands with strategic logging programs. Local conflict with federal land management policies, including logging restrictions, has contributed to a decline in timber production and sawmills. Locals are in agreement with reduction of wildfire risks, but being inflexible to local concerns does not seem to be what the Good Neighbor Authority means by cooperation.


--Donna Bleiler

Post Date: 2022-11-02 14:38:31

Last Update: 2022-11-02 15:03:09

The Oregon Elections Division discovered a software error, which for the past six years has failed to pre-register some 16- and 17-year-olds when they have a qualifying interaction with the DMV. As a result, 7,767 eligible voters in Oregon -- out of 2,976,195 registered voters -- were not given the opportunity to become automatically registered voters for the 2022 election. The issue has impacted voters during the last 3 election cycles.

Oregon Secretary of State Shemia Fagan will direct Oregon's 36 county clerks to issue ballots to voters impacted by this issue. Only eligible voters for the November General Election, who will be 18 or older on November 8, will receive ballots.

“Eligible voters not receiving their ballots in Oregon is unacceptable,” said Secretary of State Shemia Fagan. “As long as I am Oregon’s Secretary of State, I will do everything in my power to ensure that no eligible voters are disenfranchised. My technical staff worked through the weekend to resolve the software error discovered on Friday and I will be conducting a thorough review of our systems to ensure no other errors impact Oregonian’s ability to make their voices heard in our democracy.”

When Oregonians have a qualifying interaction with the DMV, their information is automatically sent to the Oregon Secretary of State’s office where it is used to register them as voters or update their voter registration information. In May of 2016, the software at the Secretary of State’s office that handles this transfer was incorrectly written and, as a result, it has since failed to pre-register 16- and 17-year-olds whose birthdays fall within one month of their DMV interaction. The transfer software is separate from the Oregon Central Voter Registration database.

Impacted persons include 17-year-olds (and 16-year-olds after January 1, 2018 when the pre-registration age was lowered to 16) whose birthdays fall within one month of their interaction with the DMV. This is a total of 7,767 voters who are otherwise eligible to vote in the 2022 election. No other people are impacted.

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The immediate remedy is to issue a ballot to all voters impacted by this error so they can cast a vote in the November election. Secretary Fagan is overseeing her first statewide general election and took decisive action to remedy the problem over the weekend. According to Secretary Fagan, only eligible voters, those who will be 18 or older on November 8, will be issued ballots in this remedy.

The Oregon Elections Division was alerted to the issue by a voter who didn’t receive a ballot. The problem was first discovered late Friday morning, October 28. By that afternoon, the Secretary convened leadership of the Elections and Information Systems Division at the Oregon Secretary of State’s office to determine the number of affected voters. Immediately following the meeting, the Office began taking steps to correct the problem. The President of the Oregon Association of County Clerks was notified Friday evening and Secretary Fagan met with OACC’s executive committee on Saturday morning to lay out the solution and offer support for county clerks.


--Staff Reports

Post Date: 2022-10-31 15:26:05

Last Update: 2022-10-31 15:32:15

Years ago, I read a book entitled the “Great Deceit” by Zygmund Dobbs and Archibald Roosevelt. Archibald, was Teddy Roosevelts only surviving son, from the ravages of WW1.

Within the pages of that book was the discussion of the founding of the Federal Reserve and the political nuances necessary to achieve what has become a yoke on the United States neck. The ramification of this event lives with us today. My grandfather lost all of his livelihood, in the collapse of the 1929 depression.

That historical information of the Congressional acceptance of the Federal Reserve came back to me, in the ongoing vigorous National discussion of voter anomalies across this one-of-a-kind Country.

The implications are severe, and Oregon, one of the fifty States involved in reporting, aroused my curiosity. In an article by Judicial Watch, five States including Oregon, had received notice of having anomalies in voter registration records. I had always thought we had a stable election program, so how does this possibly exist?

Turns out, the Federal law requires an agency, The Election Assistance Commission (EAC), to report to Congress every two years in compliance with the National Voter Registration Act of 1993 (NVRA). To prepare the report, and properly follow the rules, the States are required to report to the EAC, their data to form the report for the NVRA, and the EAC properly publishes the finished report.

Upon simple review of the reports provided by Oregon, the recognition that Oregon was in violation of the National Voter Registration Act came to the forefront.

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Judicial Watch informed Secretary of State Shemia Fagan that fourteen Oregon counties were in violation for not cleaning their voter rolls according to NVRA in a four-year period. These counties reported zero to five removals from the voter rolls. They found eleven other counties with similar violations over the last two years. They write, “It is simply not possible to comply with the NVRA while removing zero or literal handfuls of registrations under that provision. Many tens of thousands of voters must have changed residence without notifying election officials during those years.” The Judicial Watch Attorney Robert D. Popper gave Statutory Notice of Violations and a possible federal lawsuit unless the violations were corrected.

Have they been corrected? Instead, the Secretary of State has doubled down on HB 2681, passed in 2021, to keep people on the voter rolls forever, and making it harder for citizens to make public records requests.

When the State itself reports the anomalies in the Voter Registration Reporting Act report, we as a State should require proper cleansing of the anomalies. Judicial Watch cited 27 counties in Oregon with violations, and say they have not determined what action they will take.

For me and my family, we are in the position that “If my neighbor has a challenge, I as his neighbor also has a challenge”. Remembering the quote: “History is the engine of the future”, the reality of voter Registrations must be investigated, not ignored. Like my grandfather, no one deserves to lose everything, and voting is the one sacrosanct action that should be inviolate. This must be investigated.

Oregonians, regardless of party, deserve the reassurance that their singular action of voting is adjudicated correctly.


--LT Robert K Powell GDO

Retired U.S. Coast Guard

Post Date: 2022-10-31 14:55:20

Last Update: 2022-10-31 15:38:18

A lawsuit filed against Coos County Clerk Diris "Dede" Murphy (D-Coos County) and two of the Commissioners, John Sweet (R-Coos County) and Melissa Cribbins (D-Coos County) has caused further scrutiny over the appointment of Murphy to the position of Coos County Clerk. Though all of these positions are non-partisan, they obviously perform duties that have partisan implications, not the least of which is the Clerk's oversight of elections in Coos County.

The second amended complaint in the lawsuit, filed by Coos County Clerk candidate Diane Rich and Coos County Commissioner candidate Pamela Lewis -- both Republicans -- suggests that the appointment of Murphy as Clerk lacked the necessary transparency under Oregon's public meeting law and other irregularities. According to the complaint:

On March 5th, in Charleston, Oregon – Defendant Murphy stated on video that “they” asked her to run; “they” referring to the Commissioners and/or former County Clerk Debbie Heller. The officials, who are obligated to follow public meetings laws, intentionally and knowingly asked Defendant Murphy to apply for the position of Interim County Clerk so that they could appoint her. Defendant Murphy’s companion who attended the Listening Session with Mrs. Murphy confirmed on video that they asked Defendant Murphy to apply for the position. Further the Commissioners asked and convinced Diris D. Murphy to run for the position. Mrs. Murphy did not apply for the position the first time it was advertised, so at the Commissioners request, the timeline to apply for Interim Clerk was extended, and the position was held open and republished, to allow for Diris D. Murphy’s application for the position to be submitted.

The complaint references alleged violations of Oregon's Open Meetings law:

The decision to appoint and hire Defendant Murphy was a violation of Oregon Public Meetings laws and began the process of election law violations for the May 2022 primary election. Defendant Murphy was in fact appointed and began serving as Interim Coos County Clerk. That decision was null and should have been voided at that time however the sixty day window to file public meetings laws violation passed by. The violation of public meetings laws in appointing an elections clerk, still constitutes on of the many illegal acts that took place relating to the canvassing of the votes in the May 2022 Coos County primary election.

The complaint further alleges that "Prior to Monday, December 13th, Coos County Commissioners privately recruited and then outside of a public meeting decided to appoint a highly partisan individual, who was chair of the Democrat Party, Defendant Murphy to oversee their own election, even asking Mrs. Murphy to resign from her position as Democrat Party Chair for the Coos County Chapter so that she might qualify for the Interim County Clerk position."

According to the Rob Taylor Report Murphy "spent time in the Recording Office, the Elections Office, the Court Clerks, and the Accounting Departments, eventually landing in the Elections Office for 15 years before retiring in July 2017."

She was sworn in as Coos County Clerk on January 4 of this year.


--Staff Reports

Post Date: 2022-10-30 16:59:58

Last Update: 2022-10-30 13:01:47

The Oregon Department of Revenue has launched a taxpayer advocate page. Codi Trudell, appointed as Taxpayer Advocate, heads up the new Taxpayer Advocate Office authorized by HB 3373, passed during the 2021 session. Representative Julie Fahey (D-Eugene) sponsored HB 3373 creating the taxpayer advocate office intended to identify issues or barriers to equitable and fair tax collection, work with community partners, provide expediated service to taxpayers whose problems are not resolved through typical channels, research complaints, identify systemic issues, and promote taxpayer issues and concerns.

In the course of assisting taxpayers, the Taxpayer Advocate is given authority to issue orders related to taxpayers experiencing significant hardship due to Oregon's IRS action. Orders issued by the Taxpayer Advocate may require the department to cease action or refrain from additional action based upon a finding of significant hardship by the Advocate. The measure authorizes the director or deputy director to review or rescind an order by the Taxpayer Advocate. Orders issued may require the IRS to cease action or refrain from additional action based on the Advocate's determination of significant hardship.

The Oregon IRS has always provided a Taxpayer Advocate Service to taxpayers as an independent organization within the IRS. It serves as the taxpayer's voice within the IRS. The service helps taxpayers with problems that may not have been resolved through normal IRS channels or in cases where the taxpayer believes the IRS procedure is not working as designed. The new Taxpayer Advocate establishes a similar office for taxpayer resources within Oregon.

HB 3373 appropriated $371,593 General Fund and $200,089 other funds from administrative charges on the tax programs the Department administers. This adds $571,593 for three positions to the bi-annual budget.

Advocates for low-income claim they are afraid of the IRS and don't file tax returns to take advantage of the Earned Income Tax Credit. Over 900,000 Oregonians benefit from the EITC every year with an average of $3,000 new income for them. An increase in EITC filings will increase the burden on taxpayers, known as "re-distribution of wealth."

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The Oregon Taxpayer Advocate office will serve as an independent and confidential resource for Oregon taxpayers. An important part of good government is making sure that laws are as simple, logical and as easy to follow as possible. Has Oregon government done its level best to make sure our laws are workable and understandable?

The Taxpayer Advocate webpage includes contact information. ​


--Ritch Hanneman

Post Date: 2022-10-30 12:21:45

Last Update: 2022-10-30 13:07:21

The Oregon Department of Transportation is proceeding with the Rose Quarter project and has collected extensive feedback

According to the site, "From early July through the Labor Day weekend, the local community participated in the I-5 Rose Quarter Improvement Project Summer Design Survey. Of the 350 participants, 25% identified as African American/Black and African, with nearly half indicating they live in the Albina neighborhood. The community was asked to provide feedback on design elements for highly visible walls and bridges in the project area, including the addition of historical images of the neighborhood, rotating art murals, concrete patterns, street names and decorative lighting."

Prominent within the project is a cover over part of I-5, to restore streets removed when the freeway was first built. According to ODOT's website, "A highway cover is a concrete, steel platform that is placed over a highway, similar to a wide bridge. Multiple designs for the highway cover were evaluated through an Independent Cover Assessment. The Proposed Hybrid 3 Concept was selected, as it will provide the greatest community benefit."

"With proposed Hybrid 3, the total project cost is anticipated to be $1.18 billion to $1.25 billion to accommodate up to 3-story buildings on top of the cover." Critics have pointed out that much of the spending associated with the project does nothing to improve traffic congestion.




--Staff Reports

Post Date: 2022-10-29 06:38:36

Last Update: 2022-10-28 16:19:05

On average, ODOT documents more than 6,000 vehicle collisions with deer and elk each year. The actual number of collisions is likely higher, as many are not reported if there is minimal damage or no human injuries. Vehicle collisions with deer and elk tend to peak in October and November, when migration and breeding (the "rut") puts them on the move, making them more likely to cross roads. Fewer daylight hours and rainy weather also reduce drivers' visibility.

ODFW and ODOT are asking Oregonians to Watch out for Wildlife this time of year and follow these tips:

• Be careful when driving in areas that have special signs indicating the possible presence of wildlife. These signs are posted for a reason.
• Be alert in areas with dense vegetation along the road or while going around curves. Wildlife near the road may not be visible.
• If you see one animal, stay alert. There may be others nearby.
• If you see wildlife on or near the road, slow down and stay in your lane. Many serious crashes are the result of drivers losing control as they swerve to avoid wildlife.
• The same advice applies for smaller wildlife like raccoons; try to stay in your lane and do not swerve for these animals. They are less dangerous to vehicles than big game animals and maintaining control of your vehicle is most important.
• Always wear your seat belt. Even a minor collision could result in serious injuries.

ODFW, ODOT and partner organizations are working to reduce the risk of vehicle-wildlife collisions by building wildlife crossings. The crossings allow wildlife to safely follow their migration patterns over or under a road. Data shows wildlife crossings on Hwy 97 near Sunriver have reduced vehicle-wildlife collisions by nearly 90 percent.

The bipartisan infrastructure bill passed by Congress in 2021 is providing $350 million in competitive grants to the states for wildlife crossings and other mitigation. ODFW, ODOT and other partners will be working to secure grants for projects.

Oregon drivers can also show their support by purchasing a Watch for Wildlife license plate. The revenue generated from license plate sales will benefit projects that help wildlife move within their range and between habitat patches. Originally developed by the Oregon Wildlife Foundation, the license plate is now available at the DMV.

As wildlife-vehicle collisions peak, so does participation in ODFW's roadkill salvage program. Since 2019, salvaging deer or elk struck by a vehicle has been legal in Oregon. Salvagers are required to fill out a free online permit.

Since the program kicked off in January 2019, 5,027 permits have been issued, with most for black-tailed deer in Western Oregon, where there are more drivers.

Salvagers are also required to bring the head and antlers of all salvaged deer and elk to an ODFW office for testing within five days. This is so ODFW can test the animal for Chronic Wasting Disease, a fatal neurological disease that ODFW has been on the lookout for since it first appeared in the late 1960s in Colorado.

The disease has never been detected in Oregon's wildlife. But CWD testing regulations have taken on new urgency after it was detected in several wild deer and elk in northwest Idaho, about 30 miles from Oregon's border, late last year.

Infected animals can spread the disease for several years before showing symptoms (which include loss of balance, drooling, emaciation or wasting and eventual death). Testing apparently healthy deer and elk early in the course of the disease when they are not showing symptoms is the most effective method to catch the disease before an animal has spread the disease across the landscape and to other animals.

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"With the disease now much closer to the state's borders, we just want to remind roadkill salvagers about the mandatory testing requirements." explained ODFW Wildlife Veterinarian Dr. Colin Gillin. "The more animals the state tests, the more certain ODFW can be that the disease is not in the state. If it is detected, ODFW can implement its response plan to contain the spread of the disease.

Test results are expected to take up to a month. If an animal ever tests positive for CWD, a biologist or veterinarian will phone the person who salvaged that animal directly.

Negative test results will be posted for roadkill salvagers to individually check online. To find your result, enter RSP before your permit number (e.g. RSP5001).


--Staff Reports

Post Date: 2022-10-28 15:54:09

Last Update: 2022-10-28 16:16:49

The Oregon Department of Veterans' Affairs will honor all veterans of the U.S. Armed Forces during its Statewide Veterans Day Ceremony this year in view of the Oregon State Capitol Building. The event will feature remarks by federal, state and local dignitaries and ceremonial elements including color guard, national anthem, wreath presentation and the playing of "Taps." Attendees should be advised that this year's event will be held at 11 a.m., Thursday, Nov. 10 — the day before Veterans Day.

The event will be hosted at the Oregon State Capitol Park located on Court Street Northeast in downtown Salem -- directly in front of the Oregon State Capitol Building.

While the celebration will honor Oregon veterans of all eras, there will be special recognition of Oregon's Korean War generation.

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ODVA is honored to welcome Consul General Eunji Seo of the Consulate of the Republic of Korea in Seattle, who will serve as one of the event's keynote speakers.

The event is open to the public and uncovered seating will be provided for attendees. Accessible pathways and seating areas for those needing accommodations will also be provided. Attendees are reminded to plan accordingly for Oregon weather.

For those unable to attend, the event will also be livestreamed on ODVA's Facebook page.


--Ritch Hanneman

Post Date: 2022-10-27 10:26:02

Last Update: 2022-10-27 13:16:28

The Oregon Department of Human Services (ODHS), Office of Developmental Disabilities Services (ODDS) is proposing to permanently amend sixteen rules in OAR chapter 411.

Each of the sixteen rules is a separate program with a separate staff providing similar services to different identified groups. Part of the proposed amendments are to standardize wording and services. Standardization could and should give way to consolidation of some programs.

The proposals reflect changes about eligibility to provide consistency for determining eligibility for developmental disabilities services and clarifies Oregon residency requirements. Fourteen of the proposed rules say they clarify Oregon residency requirements by referring to OAR 461-120-0010, which really removes citizenship and substantially removes residency requirements. OAR 461-120-0010 allows anyone present in Oregon at the moment with the intent to remain to receive benefits is a resident.

The proposals reflect changes to thirteen rules extending eligibility by including individuals who qualify for the Healthier Oregon medical program, which is a non-citizenship medical program for those not eligible for other medical programs.

The proposal’s Statement of Need says the changes to eligibility is to “increase equity among those eligible to receive developmental disabilities services by removing citizenship requirements, aligning the rule language about non-discrimination, and extending eligibility by including individuals who qualify for the Healthier Oregon medical program.” It seems that adding non-citizens and non-Oregonians to the eligibility list is an excuse to claim a racial equity impact. However, “disability” in itself is listed as a minority subject to equity discrimination. It seems these rules are dividing the disabled into citizenship inequity.

In August 2020, the ODD Policy Coordinator, Caitlin Shockley, co-issues a bulletin to staff and stakeholders stating, “we are committed to true transformation…to colleagues and partners of color, we stand with you and support you… We all need to commit to center equity and disrupt racism.”

Statement Identifying How Adoption of Rules Will Affect Racial Equity in this state: Based on data and information currently available to ODDS, ODDS expects these rules will likely have a positive impact on racial equity. Given that a lesser amount of Oregon's noncitizens are arriving from Canada and Europe, the Department estimates Communities of Color, and therefore Oregon racial equity, will be positively impacted due to the expansion of developmental disabilities services, which will allow resources of those families and individuals to support other necessities rather than costs associated with supporting a person who has an intellectual or developmental disability.

Spreading services to more people diminishes the service unless more funds are added to the program. Is the cart before the horse? Shouldn’t funding come before the rule? ODDS estimates the proposed changes will have the following fiscal and economic impact on taxpayers:

• ODDS: Estimate for the first year of the Healthier Oregon medical program is $1,825,262 in state general funds for the first biennium, plus two new positions at $120,000 for the first year.
• Case Management Entities (units of local government): Caseloads are likely to increase. Estimated cost is $83,000 for the first biennium.
• Providers: A substantial cost of the Healthier Oregon medical program, estimated to be $1,825,262, will be paid to providers.

Of the statutory authority listed for the proposed rules, there is no mention of authority extending to non-citizens or non-residence. It also isn’t forbidden by the use of terms such as “all persons.” However, these are Oregon laws for Oregonians, and Oregon taxpayers are funding them. Going down the “not forbidden path” without legislative adoption is a dangerous precedence to set.

Comment deadline is December 9, 2022. Written comments may be submitted by email to christina.hartman@dhsoha.state.or.us.

ODDS plans to hold two rule hearings. November 30, 2022, 11:30 a.m. by Zoom. Register or join by phone: 1-669-254-5252, 161 407 3988#. And, November 30 at 5:30 p.m. by Zoom. Register or join by phone: 1-669-254-5252, 160 302 9023#.


--Donna Bleiler

Post Date: 2022-10-26 14:12:03

Last Update: 2022-10-27 15:24:06

Editor's note: In November, voters will be presented with four statewide ballot measures. This article deals with Measure 112 which was referred to the people by the Oregon Legislature during the 2021 Session as SJR 10.

Measure 112 seeks to amend the Oregon Constitution, Section 34, which reads: “There shall be neither slavery, nor involuntary servitude in the State, otherwise than as a punishment for crime, whereof the party shall have been duly convicted.”

Measure 112 removes language allowing slavery and involuntary servitude as punishment for crime. It accomplishes that by removing the second part beginning with “otherwise,” and adds: (2) Upon conviction of a crime, an Oregon court or a probation or parole agency may order the convicted person to engage in education, counseling, treatment, community service or other alternatives to incarceration, as part of sentencing for the crime, in accordance with programs that have been in place historically or that may be developed in the future, to provide accountability, reformation, protection of society or rehabilitation.

The Measure made the ballot because the legislature passed SJR 10 in 2021, sponsored by Senators Rob Wagner (D-Lake Oswego, Lew Frederick (D-Portland) and James Manning Jr (D-North Eugene). The Department of Corrections recognizes that compelled prison labor is sometimes perceived as modern-day slavery.

Rob Persson, Assistant Director of Operations Division for the Oregon Department of Corrections (DOC) testified, “DOC believes that perception (of slavery) is misplaced, at least with respect to the manner in which adults in custody (AICs) are engaged in prison work programs in Oregon’s prisons. Regardless of one’s views on the policy issues underlying SJR 10, the department has concerns regarding the potential legal uncertainty that would result if the language of the ballot measure SJR 10 would refer to the voters were to be approved in light of Article I, Section 41 of the Oregon Constitution (commonly referred to as “Measure 17”).”

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Measure 17 was approved by voters in 2014 giving DOC the ability to engage AICs in meaningful work and on-the-job training programs, and the obligation of AICs to participate. Oregon Corrections Enterprises (OCE) programs are not mandatory work programs. They are voluntary and highly sought after as the highest paying work opportunities in DOC.

If AICs no longer participate in work opportunities within DOC facilities, Persson says an undetermined significant increase in personnel would be required to prepare food, perform building and grounds maintenance, provide medical and custodial support, and a variety of other tasks. It is difficult to determine the number of full-time equivalent positions required, but it could easily be 1,000 and go as high as 3,000 positions.

OCE currently provides 29 work programs in nine institutions engaging 1,389 AICs (2,600 participants per year). The total AIC awards paid by OCE in fiscal year 2019-20 was $2.88 million.

Persson reported OCE has three programs paying AICs. There are two based on state and federal minimum wages and a Prison Industries Enhancement Certification Program (PIECP). The third is the laundry program. Under the PIECP, the Bureau of Justice Assistance certifies local and state prison industry programs meet all the necessary requirements to be exempt from the federal restrictions on prisoner-made goods sold in interstate commerce. The program places AICs in realistic work environments, pays prevailing wages, and provides opportunities to develop marketable skills to increase potential for rehabilitation and meaningful employment on release.

A cost benefit analysis conducted by the Oregon Criminal Justice Commission determined for every dollar spent with OCE the state saves $5.40 in recidivism costs. They recommended expansion of OCE programs, as they are valuable in reducing recidivism, improving job skills, and providing a productive way to spend time in prison. “Voices from the Inside” on OCE’s website shares the AICs perspective on OCE programs and their impact in rehabilitation.

Persson pointed out that a similar measure passed in Colorado that faced a lawsuit by AICs to receive at least the state’s minimum wage, be considered state employees, and receive the same benefits as state workers such as paid holidays and vacations, paid sick leave, and medical benefits, and backpay for two years. It would reportedly cost Colorado $1 billion. Oregon has approximately 15 percent larger inmate population than Colorado.

If Measure 112 were to pass, not all programs may qualify for PIECP certification for a federal program, basically exempting it from Measure 112. If OCE has to restructure to exempt desired programs from Measure 112, what is the purpose of Measure 112?

Bill drafters have no clue how Measure 17 will be impacted and admitted so in the summary, “Effect on current constitutional provisions requiring inmate work programs unclear.” A constitutional change isn’t easily corrected for unforeseen consequences, and these consequences would hurt the very people it is aimed to liberate.


--Donna Bleiler

Post Date: 2022-10-24 22:36:50

Last Update: 2022-10-25 00:21:14

The Oregon Department of Environmental Quality under Interim Director Leah Feldon is announcing its first rules advisory committee meeting to discuss what rules will govern the new Fuel Tank Seismic Stability program. The meeting, set for October 26 at 9:00am, will include discussions on DEQ’s proposed approach to the rules, what it means to minimize risk and how to ensure environmental justice is incorporated into the process.

“People around the world will be practicing earthquake safety and preparedness tomorrow during the Great Oregon ShakeOut,” said Mike Kortenhof, DEQ fuel tank compliance manager. “These rules will be critical for protecting people and the environment and keeping communities safer in the event of a major earthquake.”

The Great Oregon ShakeOut is part of a global drill for people to practice how to stay safe during an earthquake. This year, nearly half a million Oregon residents will be taking part in the self-led drill, practicing their drop, cover and hold on for at least 60 seconds as if a major earthquake is happening.

A rules advisory committee is a group of people who provide input and suggestions during the development of new rules. The committee members represent a range of interested groups, including neighborhoods near the fuel tanks, local emergency management, environmental organizations, local government and regulated facilities.

DEQ’s Fuel Tank Seismic Stability Program will evaluate the vulnerability of fuel tank systems to earthquakes and require facilities to develop plans to minimize risk. These rules will apply to all facilities that can store over 2 million gallons of fuel in Lane, Multnomah and Columbia counties. All committee meetings are open to the public to listen.

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

“Oregon’s fuel tanks are vulnerable to earthquakes,” said Yumei Wang, senior advisor on Infrastructure Resilience and Risk at Portland State University, and lead author of the 2013 report highlighting this risk. “These facility improvements are essential to protect Oregon and support rapid recovery from the megaquake we know is coming to the Pacific Northwest.”

DEQ plans to hold a total of three committee meetings to reach its final proposed rules. Depending on committee discussions, DEQ may add meetings or make existing meetings longer. After the committee work is complete, DEQ will put the rules out for public comment and then present them to the Environmental Quality Commission for adoption.

This work is a result of SB 1567 passed in 2022. DEQ will also develop this program in consultation with the Oregon Department of Geology and Mineral Industries and the Oregon Department of Energy.


--Staff Reports

Post Date: 2022-10-21 12:33:39

Last Update: 2022-10-21 12:47:36