Recently, the Northwest Observer had a brief discussion with Astrophysicist Gordon Fulks, an expert on weather and climate. He said January was warmer than February would be, seemingly a contradiction of the seasons. With February weather in the history books turned out he was right because the Earth has an elliptical orbit. The current earth orbit has the planet further from the sun in February 2023 than it was in January of 2023 -- something not correctable by an executive order or a cap and trade tax.

The chart below covers the last 800,000 years of climate data derived from ice core samples and the study of celestial movements.

From the chart you can see that:

1. Elliptical orbits, at the height of eccentricity, coincide with very cold ice ages.
2. We are in the Holocene Climate Optimum, a time of minimal orbit eccentricity. That is expected to continue for about another 10,000 years.
3. Periods of high CO2 follow periods of high volcanic activity as evidenced by volcanic dust detected in the ice core samples. Banning fossil fuels isn’t going to affect CO2 numbers.
4. The blue line on top shows that the amount of solar radiation experienced at the polar regions varies with differing levels of Sun activity and changing atmospheric conditions. Fretting about the amount of ice at either the North or South Pole won’t change a thing.

As the solar system moves within our galaxy and our galaxy along with trillions of other galaxies moves around within the Universe we need to sit back, enjoy the ride and just be grateful for this gift of life on Earth. It’s time to realize that human activity is a product of nature and will never be its master.


--Tom Hammer

Post Date: 2023-02-27 11:44:16

Last Update: 2023-02-27 20:33:53

Oregon's Governor Tina Kotek has now declared a state of emergency in Multnomah County Oregon due to ongoing severe cold and inclement weather. This declaration comes at the request of Multnomah County Chair Vega Pederson and is based on the recommendations of the Oregon Department of Emergency Management (ODEM).

Throughout the week, the state has been in constant contact and coordination with impacted counties.

Some counties, such as Jackson and Josephine, requested and received state assistance, but no other counties have requested an emergency declaration at this time.

“This week’s record-breaking snowstorm impacted thousands of Oregonians and has caused increased demand for local warming shelters. With severe cold weather forecasted through next week the state is dedicated to providing the assistance needed to keep Oregonians warm and safe. I am grateful to all the volunteers, staff, and first responders who have been working around the clock in response to the storm,” Governor Kotek said. “This emergency declaration ensures state resources, personnel, and equipment can be activated to complement critical local resources as this situation progresses.”

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Governor Kotek’s declaration directs ODEM to coordinate the deployment of resources with the Oregon Health Authority, the Oregon Department of Transportation, and other relevant state agencies to support Multnomah County communities as needed. ODEM will facilitate the access and use of state resources, personnel, and equipment to protect communities and aid in the recovery.

The state of emergency will remain in effect for one week.


--Ben Fisher

Post Date: 2023-02-26 19:12:11

Last Update: 2023-02-26 20:48:55

The Oregon House will vote on a bill that will help save lives from opioid overdose. Representative Ed Diehl (R-Turner) introduced an amendment that replaced House Bill 2395, reducing barriers for quick action in response to overdose of opioid in the application of short-acting opioid antagonist. Fentanyl is gripping Oregon’s young people, and this bill allows school administrators, teachers and employees to administer without liability or need for permission when a student is experiencing an opioid overdose.

The bill authorizes Oregon Health Authority to issue short-acting opioid antagonist kits and medical supplies to individual or entity who have encounters with people at risk of overdose. Decision to administer or not is immune from criminal and civil liability.

HB 2395 is the result of a bipartisan coalition and has earned the support of harm reduction advocates, law enforcement, clinicians, students, educators, local governments and our public health system. The bill combines previously introduced legislation into an omnibus harm reduction package focused on increasing access to overdose reversal medication and on the ground prevention, improving overdose data, and modernizing Oregon’s harm reduction statutes.

In 2021 over 745 Oregonians died from opioid overdoses, and nearly three Oregonians a day die from this tragic and growing epidemic across the entire state. According to the Oregon Health Authority, fentanyl is now the second leading cause of unintentional overdose in Oregon. KGW reported that in 2022, crews collected 176,962 needles in the Downtown Enhanced Service area which covers a 213 block area in Portland. The needles came from public right of ways, as well as four drop box sites installed by Multnomah County within the district.

Fox News said addicts in Portland are reportedly turning to their food stamps to fuel their drug addiction, recycling bottles to garner cash to buy more fentanyl, all at the expense of the city's taxpayers. Portland resident Angela Todd released shocking footage showing people on the streets appearing to dump out water bottles shortly before cashing in on the plastic to raise money to buy more drugs.

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“It is impossible to ignore the profoundly tragic impact illicitly-manufactured fentanyl is having across Oregon,” said Representative Maxine Dexter (D-Portland), a board-certified physician. “Our responsibility, as elected leaders, is to ensure the health and safety of Oregonians. This package is an opportunity to urgently take data-driven action that will start saving lives almost immediately upon passage.”

“People are dying in escalating numbers because fentanyl is killing them,” said Multnomah County Commissioner and Emergency Physician Sharon Meieran. “[...] This package can be the state’s defibrillator to save lives now, reduce suffering, reduce hospitalization, and give Oregonians from all corners of the state a chance at recovery.”

“Protecting Oregonians, maintaining safe communities and ensuring quality of life for Oregonians is the primary objective for Oregon’s public safety professionals,” testified the Oregon State Sheriffs’ Association, the Oregon Association Chiefs of Police, and the Oregon District Attorney’s Association. “The Opioid Harm Reduction Policy Package takes important steps to address barriers to harm reduction efforts with a focus on saving lives.”

“Fentanyl is wreaking havoc across Oregon. This is a pain my community knows all too well. We must do everything possible to save lives, and this legislation is a step in the right direction,” said Representative Morgan (R-Grants Pass).

Representative Bobby Levy (R- Echo) expressed concern that the bill allows a minor to obtain outpatient diagnosis or treatment of a substance use disorder without parental knowledge or consent. She states, “In my opinion, one of the main contributors to drug addiction is the fact that parents are not involved. Parents should be more involved, mental health providers get dealt a vague criteria that says they are able to withhold information from the parent, if the mental health provider ‘determines that it is not in the minor’s best interest to disclose the information’. In some circumstances I believe that may be the correct course of action but it can become obtuse and leave room for harmful decisions to be made on the behalf of another person that may need support from their parent.”


--Donna Bleiler

Post Date: 2023-02-25 12:40:03

Last Update: 2023-02-25 17:23:21

A coalition of local officials in Linn County Oregon, including county, city and school leaders are asking Oregon's Governor Tina Kotek to amend the controversial Ballot Measure 110 and make the possession of Class I federal narcotics — such as heroin, cocaine and meth — state crimes and include punitive sanctions for both adults and juvenile.

The letter was also sent to every member of Oregon’s Legislative delegation.

Measure 110 effectively decriminalized possession of small amounts of hard drugs, making them misdemeanors carrying a fine of just $100, which would be forgiven if the person sought addiction help.

A recent state audit indicated more than $300 million of Oregon’s marijuana tax funds have been diverted under Ballot Measure 110, with little accountability of how that money has been used.

Local officials say that since the passage of the measure in 2020 and implementation in 2021, communities in our county — and statewide — have seen increased drug use and overdoses, increased property crimes and families and children suffer.

Roger Nyquist, chair of the Linn County Board of Commissioners, believes the intent of Ballot Measure 110 is “not coming to fruition … addiction is up and the number of addicts accessing treatment is down.”

Andy Gardner, superintendent of Greater Albany Public School says Ballot Measure 110 has “profoundly impacted how our kids view drugs”, adding “Oregon adults now have more access to controlled substances than ever before and now face fewer repercussions for possession or usage.”

He is worried that the acceptance of drug use in Oregon will create addiction issues at younger ages and will “affect future generations of kids.”

“Ballot Measure 110 is a disaster,” Linn County District Attorney Doug Marteeny said, adding that advocates saw it as something that would increase treatment for addicts, but that is not the case.

“We need to always remember that one function of law is to declare moral standards of the community. Law communicates the expectations we all have for one another,” he said.

Linn County Sheriff Michelle Duncan spent several years working drug cases and said it often took an arrest and a court appearance for someone with a drug addiction to “hit rock bottom” and realize they needed help.

“There is no stigma about drug use anymore,” Sheriff Duncan said. “Kids think it’s OK because there are no consequences.”

Local homeless shelters are seeing increased drug overdoses to the point the need for Narcan and training was a topic at a recent meeting of local groups interested in helping homeless people in Albany.

Torri Lynn, director of the Linn County Juvenile Department said that although Ballot Measure 110 is supposed to redirect funds to treatment programs, virtually no money was designated for juvenile programs.

Lynn said that in 2021, Senate Bill 817, “eliminated all fines and fees for juveniles”, affecting the Juvenile Department’s ability to respond to any citations with anything other than providing a phone number to the hotline for a youth who is in possession of heroin, methamphetamines or cocaine.

The state audit showed the cost of operating a telephone hotline for people cited with drug possession, cost $7,000 per call. Of about 100 callers, only 28 actually asked for addiction recovery services assistance.

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Justin Thomas, director of Linn County’s Alcohol & Drug Programs, said “The unfortunate downside of the measure is that more people may be using substances with the assumption that there are little to no consequences since the legal ramifications have been drastically reduced.”

Thomas added, “The practice of making substance use more socially acceptable is troubling to treatment providers because of the progressive nature of addiction that occurs when one uses substances consistently over time. In Linn County, we have not seen a decrease in the requests from people to access alcohol and drug treatment with the implementation of Measure 110.”

Local businesses are also seeing increased issues stemming from community drug use.

Janet Steele, president of the Albany Chamber of Commerce, said that organization is “extremely concerned that the state has legalized the possession of small amounts of all drugs, including cocaine, LSD, meth and oxycodone.”

“Like Albany residents, businesses are seeing the negative effects of Oregon’s drug laws and face the day-to-day reality of people with addictions and homeless issues harming themselves, employees, customers and buildings,” Steele said.

In a letter to the City Council, Albany Mayor Alex Johnson II said the community is doing what it can to combat drug and homeless issues, “However, the increases in vandalism, disruption of operations, assaults and littering are very evident around our city. These criminal acts put the citizens of Albany, as well as Albany businesses, at risk. They endanger staff and facilities, impact productivity and damage our ability to attract investment and create healthy economic growth. The current situation cannot be allowed to continue.”

The letter was signed by Albany Chamber of Commerce President Janet Steele, Albany Mayor Alex Johnson II, Greater Albany Public Schools Superintendent Andy Gardner, Linn County Commissioners Roger Nyquist, Sherrie Sprenger and Will Tucker, District Attorney Doug Marteeny, Sheriff Michelle Duncan, Juvenile Director Torri Lynn, Alcohol & Drug Director Justin Thomas and Sweet Home Mayor Susan Coleman.


--Ben Fisher

Post Date: 2023-02-24 22:05:03

Last Update: 2023-02-24 22:25:51

Governor Tina Kotek asked for $130 million to address homelessness and housing in her state of emergency and in her proposed budget. She has already issued three executive orders and urged lawmakers to push through her request and told them how she wanted the money spent. Apparently, her majority party wants to impress her with an estimated $200 million package.

Legislative housing chairs, Representative Maxine Dexter (D-NW & Downtown Portland) and Senator Kayse Jama (D-Portland), and Representative David Gomberg (D-Lincoln & Western Benton/Lane Counties) gave a preview of the estimated $200 million Affordable Housing and Emergency Homelessness Response Package (HB 2001 and HB 5019). They say it is the result of a bipartisan and bicameral process. They aim to pass the final package by mid-March to urgently respond to the current housing and homelessness crisis facing Oregon. Hearing on HB 2001 is scheduled February 27 at 8AM, room HR F in the state capitol, and is open to submit testimony.

The proposed package addresses the homelessness emergency response (HB 5019):

• Fully funds the Governor’s Homelessness State of Emergency ($130 million);
• Provides $27 million in additional funding to address homelessness in other 25 rural counties;
• Prevents more Oregonians, including unhoused youth, from being evicted for non-payment giving more time to access Rental Assistance and other services to help stay in their homes – lengthens eviction notice from 72 hours to 10 days and includes a right of redemption (HB 2001);
• Invests $25 million in critical support for most vulnerable youth and families connecting them with rental assistance, shelter facilities, outreach, culturally-specific services, mental health or substance abuse service, and continue other transitional options that has made Oregon the nation’s second largest decrease in youth homelessness.

The proposed package addresses affordable housing (HB 2001):

• Meets the Governor’s goal of building 36,000 affordable housing units annually by speeding up production.
• $20 million to ramp up the production of affordable modular home production using Oregon’s mass timber and other conventional materials to support Oregon’s homegrown industries;
• $3 million Revolving Loan Fund to support local governments and developers with predevelopment loans to build housing for middle-income families;
• $5 million in grants for farmers to improve the health and safety conditions of on-site housing for agricultural workers;
• Makes building affordable housing the top priority for the state through structural changes to Oregon’s land use system and partnerships with local governments streamlining urbanization process.

“Every Oregonian deserves to have access to safe and affordable housing in the community of their choice," said Representative Dexter. “ I am proud to put forth this package that will deliver bold and effective relief to every corner of the state.”

“Oregonians need relief now, and they need stability in the long term. This bill accomplishes both,” said Senator Jama. Representative Gomberg added, “I’m proud to say we were able to secure funding that ensures our rural and coastal regions will be taken care of.”

Representative Jami Cate (R-Lebanon) said it is an emergency housing package that doesn’t create more housing. “The Governor intends to spend over a billion dollars on housing and has set an incredibly ambitious goal of boosting Oregon's production to 36,000 units per year, and yet this rushed housing "omnibus" package does nothing to actually achieve that goal. Though some included items have merit (and others erode landlords' ability to operate their businesses, risking the loss of more rental units), we need to see more than lip service to the promise of actual housing solutions if we are going to address this crisis.”

The bills are sponsored by Democrats, but they say the proposal includes Republican and Democratic initiatives and is supported by a broad coalition of local governments and community leaders. The question for taxpayers is by adding $70 million onto a 26% inflated budget, is this the squeeze to go after the kicker?


--Donna Bleiler

Post Date: 2023-02-24 10:01:15

Last Update: 2023-02-24 16:38:18

Income taxes paid by individuals and corporations continue to surprise economists in anticipation of the May forecast. Economists increased general fund and lottery revenues by $696 million to roughly $31.5 billion to spend. Far short of the $116.5 billion budget request on Governor Tina Kotek's wish list.

The Oregon’s personal income kicker rebate is estimated to return nearly $4 billion back to taxpayers in 2024, doubled from $1.9 million received in 2022. The corporate tax kicker is projected at $1.5 billion for schools.

The projected forecast for the 2023-25 biennium is a decrease of 10.8% in personal income and a decrease of 28.8% in corporate revenue. That could mean no income tax kicker will be triggered. But they are optimistic that the following biennium will gain back the loss.

It may be called a corporate tax kicker, but corporate earns their money from purchases we make. In 2012 Oregon voters were convinced to pass Measure 85 and forego pricing stability by diverting the corporate kicker revenue into a fund for K-12 public schools instead of rebating the money to companies. When it was passed, the corporate refunds typically averaged about $120 million every two years. In 2019 the corporate kicker sent $616 million to schools, and in 2021 it sent $420 million.

The 1979 legislative session started a wave of restrained spending and passed a surplus kicker statute along with a spending limit and a major tax relief plan. Voters approved the package and in 1999 it was referred to the voters as a Constitutional Amendment. Voters approved that when the actual General Fund revenues exceed the forecast amount by more than two percent, it would be returned to taxpayers who paid it. The mythology was accountability putting the public in control against a runaway budget.

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But, Democrats think they have a loophole to confiscate part of the personal income kicker. In a slight of hand, when they find out how much the kicker will be, they make up a reason to go back and recalculate the prior budget so the calculation for the kicker return is less. This underhanded play is in the works again. The forecasted personal income kicker is estimated for an average annual wage to be $5,200 income tax refund in 2024.

Two different bills have been introduced to grab your Kicker Income Tax Refund. Senator Lew Frederick (D-Portland) and Senator Kayse Jama (D_Portland) sponsored an amendment to the Oregon Constitution to eliminate the kicker in SJR 26 and the companion bill SB 774. They removes all references to the individual income tax kicker and leaves the corporate kicker as funding schools. These bills remove all constraints to passing new projects and programs in high revenue years that can’t be sustained in down years. That is why there is a budget shortage going into the next biennium, because federal help throughout the pandemic ended up creating new programs that now need taxpayer funding.

Even though there isn’t a direct line in Governor Kotek’s budget request, Republican legislators are saying not so fast. By setting her budget goal so high, the governor is pressuring legislators to come up with the extra funds to pay for it. Senator Tim Knopp (R-Bend) introduced SB 990 as part of the Senate Republican Caucus’s Equitable Oregon agenda. This bill will return the next kicker in the form of a check instead of a credit. Senator Knopp stated, “While Oregonians still face high costs of food, fuel, child care, and rent – all of which are necessary to live, work, and raise a family – the state continues to bring in record revenue. Thanks to the Personal Kicker, Oregon taxpayers will get some of their taxes back and with it, a well-deserved break from the persisting burden of inflation and high costs.”

If Governor Kotek doesn’t get the 26 percent growth in her budget, it will set up an epic fight and behind closed-door deals and arm twisting. It is more than losing some of the kicker tax refund, but it will set a new high budget level - 26 percent higher - that won’t be sustainable in a down year forecasted for next biennium.


--Donna Bleiler

Post Date: 2023-02-23 10:54:25

Last Update: 2023-02-23 15:11:18

Governor Tina Kotek issues statement in response to first revenue forecast of 2023. “As inflation continues to slow, this revenue forecast shows that we can anticipate having more predictability and stability for the coming budget cycle. While this is encouraging news, the legislature still has some tough choices to make. We will have to keep focused and stay the course in order to make much-needed investments in Oregonians’ most urgent shared priorities: housing and homelessness, behavioral health, and education.”

Senate Committee on Finance and Revenue met jointly with the House Committee on Revenue to hear the March Revenue Forecast. Senator Mark Meek (D-Clackamas), Chair of Senate Committee on Finance and Revenue, commented, “We received some good news today: inflation is slowing, employment is up, income is up, and the likelihood of a slow growth or soft landing situation is increasing. It’s clear that we still need to prepare for a potential economic speed bump in our future, and we must continue to be strong stewards of Oregon tax dollars, but I’m confident that our state can deliver on the services and programs Oregonians need most.”

Senate Majority Leader Kate Lieber (D-Beaverton) responded, “Our state is in a stronger position than anticipated because Oregon workers and businesses are delivering. We must continue to responsibly manage Oregonians’ hard-earned tax dollars and prepare for the future, while maintaining critical support for Oregon’s working families and communities in every part of our state. During the 2023 Legislative Session, Oregon Senate Democrats are standing up for the “Oregon Works” agenda to ensure every Oregonian lives with dignity in safe, sustainable communities free from racism and discrimination with equal access to quality health care, world-class schools, and secure, good-paying jobs."

Majority Leader Julie Fahey (D-West Eugene & Veneta) reiterated Governor Kotek’s aspirations, “Over the coming weeks and months, House Democrats will stay focused on using the opportunity of this legislative session to address the most pressing issues facing Oregonians, including housing, homelessness, community safety, and getting our kids’ education back on track. As always, our budget decisions will reflect these critical bipartisan priorities.”

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The House Republican Leader Vikki Breese-Iverson (R-Prineville) issued a statement on behalf of the House Republican Caucus. “The quarterly revenue forecast revealed our state’s economy and revenue influx is stable. However, we must not forget the reality Oregonians are experiencing on a daily basis – inflation at a rate of over 8 percent, gas at nearly 4 dollars a gallon, and a dozen eggs which cost even more than that ($5.22).

“The State of Oregon experienced a historic infusion of federal funding, but Oregonians and the Legislature must face the reality that these funds have ended. For the remainder of the 2023 Legislative Session, we must pursue fiscal responsibility which includes leaving our Education Stability Fund (ESF) and rainy-day funds (RDF) alone. “We must return Oregon’s ‘kicker’ back into the hands of hardworking Oregonians. While my Pendleton friends would say “let er’ buck,” I say “let er’ kick.”


--Dollie Banner

Post Date: 2023-02-23 10:38:12

Last Update: 2023-02-25 11:15:49

The Oregon Health Authority (OHA) announces that Oregon Health Plan (OHP) coverage renewals will resume on April 1. While most people will continue to qualify for existing benefits, OHA is required to review eligibility for all 1.47 million OHP members by June 2024. Members will receive a notice between April 2023 and January 2024.

"Health care is vital to Oregon families, and we want to maintain the coverage they depend on," said interim OHA Director James Schroeder. "Our goal is to make sure that everyone who is eligible for benefits, stays covered. Keeping your contact information up to date and responding quickly to further requests will help your renewal go faster and avoid any preventable disruptions in your care."

OHA and the Oregon Department of Human Services (ODHS) are encouraging OHP members to keep their contact information up to date, so they can receive renewal forms and requests for information. Such messages will be important in the coming months and will require members to respond in a timely manner.

There are several ways people can update their contact information, including:

• Online at: oregon.gov through the coordinated care organization (CCO). Members can find their CCO contact information by visiting: CCO Plans.
• By mail at: ONE Customer Service Center, PO Box 14015, Salem, OR 97309.
• By phone at: 1-800-699-9075 or TTY 711. Phone lines are open Monday through Friday 7 a.m. to 6 p.m. PST. Hold times are shortest in the morning from 7 a.m. to 8 a.m. When calling a toll-free language line, interpreters are available in 16 languages.
• By contacting an OHP-certified Community Partner at OHP Local Help.
• In person at any Self-Sufficiency Program, Aging and People with Disabilities or Area Agency on Aging office. Find locations and phone numbers at: ONEOfficeLocations.

OHA expects some members to be automatically renewed without any action necessary. If additional information is needed, however, a notification will be sent to the OHP member, who will then have 90 days to complete the renewal form and provide additional information to verify their eligibility. If someone is determined to be no longer eligible for OHP, they will have 60 days before their OHP benefits will end.

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State health officials want anyone who no longer qualifies for OHP coverage to know that they still have affordable health coverage options. The Oregon Health Insurance Marketplace (OHIM) will send information to people who are no longer eligible for OHP benefits and advise of potential coverage options and financial help through the Marketplace. People who do not enroll through the Marketplace will receive a second notice 30 days before their special enrollment period ends, based on the date their OHP benefits conclude. The Marketplace Transition Help Center will help people understand their options, how to transition to the Marketplace, and to find help from local health coverage experts.

The large number of OHP redeterminations is expected to cause greater wait times, delays, and possible interruptions to people's OHP benefits. OHP members are encouraged to respond quickly after they receive a request for information to avoid any possible delays. The fastest way members can provide an update is by going to benefits.oregon.gov and logging into their ONE account.

In March 2020, the United States government declared a Public Health Emergency (PHE) because of the COVID-19 pandemic. The PHE brought regulatory flexibilities and additional funding for temporary benefits and services for people in Oregon. The flexibilities and programs included continuous coverage for OHP members, higher Supplemental Nutrition Assistance Program (SNAP) food benefit amounts, and additional benefits for people who receive long-term services and supports through ODHS. Keep up with changes to SNAP benefits happening in March 2023.

OHP members who have questions about the renewal process can call the ONE Customer Service Center (1-800-699-9075 or TTY 711) or local health coverage experts to assist with the renewal process in a free one-to-one visit at OregonHealthCare.gov/GetHelp. For more information about OHP renewals, members can visit the OHA web site.


--Ryan Bannister

Post Date: 2023-02-22 17:20:42

Last Update: 2023-02-21 18:50:30

Voters are asked every election to vote on amendments to the Oregon Constitution. But how many have even read the Oregon Constitution to know the intent or consequences of their vote?

For the next three Wednesday evenings, you have an opportunity to learn what the Oregon Constitution says and the background to why it was written that way. Mike Nearman is a veteran on teaching the Oregon Constitution and offers a background of knowledge on all the wise and unwise decisions voters have made to amend it.

The classes are free and open to the public. You can attend in person at The River Church, 4675 Portland Rd, NE, Salem, or view on Rumble on TheRiverNW channel. Classes are 7pm to 9pm, February 22, March 1, and March 8.

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One such amendment is Measure 114, which narrowly passed in the 2022 election that is going through a court challenge. The measure would require a permit to purchase a firearm, require a background check, and imposes restrictions regarding "large-capacity" magazines. The measure continues to be delayed as Joseph Arnold, et al. v. Tina Kotek et al claims it is unconstitutional.

Section 27 of Article 1 of the Oregon Constitution says, “The people shall have the right to bear arms for the defense of themselves, and the State, but the Military shall be kept in strict subordination to the civil power.”

Justice Berkeley Lent, Oregon Supreme Court, interpreted Section 27 for the first time in 1980 in State v. Kessler. He traced the Oregon constitutional language of 1859 through several earlier state constitutions back to the 1689 Bill of Rights in England, which guaranteed that Protestants could have “arms for their defense.”

Justice Lent wrote, “Our task, in construing a constitutional provision, is to respect the principles given the status of constitutional guarantees and limitations by the drafters; it is not to abandon these principles when this fits the needs of the moment.”

The opinion confirms that in its historical context, the Oregon right as stated in the Oregon Constitution is meant to protect liberty against government oppression …while also protecting a citizen’s right to self-defense.

When government wants control over who can own a gun, where is the protected liberty against that government's oppression? Don’t miss the class on Section 27 of the Oregon Constitution.


--Donna Bleiler

Post Date: 2023-02-21 17:27:05

Last Update: 2023-02-22 13:51:12

The Oregon Board of Forestry called a special board meeting to move forward with a proposal that would reduce nearly 35% of the timber harvest in the State Forest. This reduction, which is part of the Western Oregon State Forests Habitat Conservation Plan (HCP), could potentially result in the loss of millions of dollars for the North Coast timber industry, forestry workers, and the budgets of Clatsop, Columbia, and Tillamook Counties. Representative Cyrus Javadi (R-North Coast) and Senator Suzanne Weber (R-Tillamook) commented in response to the meeting on the devastating impacts the plan will have on local governments, local economy, jobs, and essential services like public safety.

Rep. Javadi said, “this plan is going to devastate our local timber economy. Years ago, the North Coast gave these forests to the state for essentially nothing, with the promise that it would be managed for the benefit of the local economy. This forest provides hundreds of good-paying jobs in our communities.”

Last week, on a 4-3 vote, the Board of Forestry rejected a proposal that would have required them to go back to the drawing board to balance the region's economic needs better. The HCP changes will set aside 55% of forest land for habitat, leaving less than half of the forest for active management. A 35% reduction in harvest from ODF predicted levels under this HCP. From 2006 to 2015 Oregon State Forests harvested 56% of net growth, 18% of net growth succumbed to mortality, and 26% of net growth remained as an increase in net volume on the forest. The HCP has been touted as necessary to grow habitat for wildlife but the current forest management plan is already doing this at an astounding rate of 26% of net growth.

State Forests are directed to be sustainably managed to provide social, economic, and environmental benefits to all Oregonians. In October of 2020, the Board of Forestry (BOF) directed the State Forests Division to begin the National Environmental Policy Act (NEPA) process for the draft Western Oregon State Forests Habitat Conservation Plan (HCP) and continue developing an associated Forest Management Plan (FMP). These parallel planning processes have been closely coordinated to ensure alignment and consistency in management goals, objectives, and strategies. ODF said they recognize that public engagement is a key element in developing an HCP and FMP that reflect the values of all Oregonians, and is committed to providing information and engaging in dialogue.

Not everyone agrees that ODF has been forth coming. Association of Oregon Counties accused ODF of developing the plan behind closed doors and applied to the Federal Services for an HCP, before they released a draft environmental impact statement. That statement showed harvest levels having a much better outcome than what would occur without an HCP and essential to achieving Greatest Permanent Value. However, staff’s further modeling for the Implementation Plan and Forest Management Plan contained additional constraints and those additional constraints result in lower harvest levels. Therefore, the plan’s harvest level projections are actually 27% less than the environmental impact statement and 33% less than the business case analysis.

The lower harvest levels under the Implementation Plan will result in layoffs of public service providers including police officers, teachers, social workers, and emergency services staff. In addition, workers in fully benefited family wage jobs in the timber industry and support services will lose their jobs at a time when no similar jobs exist in rural counties.

Clatsop County Board of Commissioners Chair, Mark Kujala, commented, “Beyond the devastating financial impacts on local governments (an estimated $8.5 million annual reduction in Clatsop), the County is also concerned about the broader economic and social implications of the HCP. According to the Oregon Forest Resources Institute, eleven (11) jobs are created in Oregon for every million board feet of timber harvested. It is also estimated for every $1 million of ODF timber revenue generated, an additional $1.2 million is generated for local forest sector businesses who log, haul and mill the timber.” He maintains that, “The HCP process must study and consider the impacts of job loss and government service reductions on our rural economy.”

Washington County Commissioner, Jerry Willey, also expressed county concerns, “What appears unsettling though, is the drastic reduction in projected harvest levels from ODF’s Business Case Analysis of the HCP in 2018 to present day. Harvest levels are now 24 % lower than originally projected. These varying numbers show me that we have no clear grasp on the full impacts of the HCP, a 70-year plan. We could potentially be destroying the timber industry completely, which does not meet Greatest Permanent Value.”

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Senator Weber supports her counties, “Give all Oregonians a chance for a more balanced plan. Current and future generations of Oregonians shouldn’t get stuck with a bad plan just because the agency didn’t have the foresight to examine a full range of options when it had the chance. I want to be clear that...the Board...direct ODF to take practical and necessary steps to address shortcomings that are now so obvious...”

The Oregon Log Buyers point out that the lack of housing needs more wood, the most environmentally friendly building material that can be used. When modeling carbon storage and output for the upcoming Forest Management Plan, at least one and likely two mills tributary to state forests will be closed. Many people only look at the closure of a mill, but this is devastating to the communities these mills reside in as the spending by employees goes away and the businesses supported by the mill either go out of business or scale back.

On the other hand, such organizations as the Audubon and fishing groups, Riverkeepers, and Oregon Wild that don’t see the timber impact on communities, support the plan and don’t see a need for further research.

The HCP will also impact ODF’s own budget. State Forests Division revenue under the HCP will fall 34%, commensurate with the drop in harvest volume, more if timber prices continue to fall. At the same time the Governor is requesting agencies plan for 10% budget cuts. Without an adequate budget, the department is likely to fail to respond to and manage wildfires. The Governor states Oregon is facing an increasingly devastating wildfire season. How will the state deal with the layoff of so many fire fighters.


--Donna Bleiler

Post Date: 2023-02-20 17:06:26

Last Update: 2023-02-20 14:17:42

The Thielman v Fagan class-action lawsuit was filed by the law office of Stephen Joncus to reform election laws, not for money damages. It could be used by the Counties to help clean voter rolls, secure the ballot chain of custody and get rid of tally machines that can be hacked and maliciously programed. This case is unique, as it could greatly benefit the Defendants.

The suit was filed October 8, 2022 with the original deadline for the ‘Answer’ or ‘Motion to Dismiss’ from the Defendants set for December 15, 2022. The Defendants filed a motion to extend their response date to January 6, 2023. The extension of time allowed the Plaintiffs to amend their complaint until January 27th.

The Secretary of State’s ‘Motion to Dismiss’ was filed on January 6th, and then the 12 Counties were allowed to file ‘me-too’ motions. Douglas County Counsel Paul J. Meyer, who works under the direction of the three Douglas County Commissioners, Tim Freeman, Chris Boice, and Tom Kress, was the first to file the ‘me-too’ motion.

The complaint has now been amended with over 60 additional declarations and 120 other sources of information. The filing of the amended complaint made the original ‘Motions to Dismiss’ inoperable.

A few of the additional complaints filed are as follows:

1. “All students at the University of Oregon receive two ballots. One at the University and the other at their home address (many of whose homes were out of state). Karen Kaplan was a manager of the University of Oregon Recycling Department. She was known for her partisan nature and often displayed her American Communist Party Membership card to her student employees, friends, and co-workers on campus. Under her directive, beginning in 1998, she had separate recycling receptacles—specifically for ballots—placed in student mail areas and other high traffic places on campus. Students were encouraged to “recycle” their ballots.
   
   “University recycling employees would go around daily prior to election day to collect the ballots. The piles of discarded ballots were then driven off campus and delivered to an SEIU office located (at the time) at the Ulano Credit Union Building in Eugene Oregon. The SEIU is a public employee union representing healthcare workers and other university employee groups.”
   
   “With ballots in hand, the SEIU sent out emails from the field office to university employees soliciting help with 1) phone banking and/or 2) filling out ballots. Witnesses to this process attest that the ‘filling out of ballots’ was coercive and completely favored union-endorsed Democrat Candidates.”
   
   “University of Oregon students are still receiving two ballots. There is no reason to assume the practice has stopped. The SEIU is a partisan and biased organization that wields real political power and pushes its own self-serving agenda. That this practice is tolerated and left uninvestigated is shocking to the conscience but clearly demonstrates that the government is compromised and no longer working for a fair and level playing field in support of all Oregonians.”
   
   “The University of Oregon has over thirty thousand students, which clearly generate a high volume of discarded ballots that are wholly unsecured and available for nefarious and morally bankrupt agents to exploit. The recycling of ballots provides a source of official paper that can be submitted illegally. Every example and all the evidence implicated far Left-wing unions and non-profit groups and organizations. The Oregon state government has been dominated by far-left progressive Democrats since the inception of Vote by Mail. University students began receiving two ballots as early as 1986. If ten to fifteen thousand ballots are ‘recycled’ and filled out and unlawfully cast in conjunction with a partisan, corrupt, and union-backed county government, then massive voter disenfranchisement has occurred for many years.”
   
   
2. “Chris Dudley was a popular Republican gubernatorial candidate who was leading his Democratic opponent by 1% at midnight on Election Day in 2010. In the morning it was reported that approximately 44,000 Multnomah County Ballots were ‘discovered,’ and would need to be counted. At the end of the “counting” Dudley lost the race by approximately 1% or 22,000 votes. Such last-minute discoveries, in the context of rampant ballot ‘recycling,’ are not credible.”
   
   
3. “Mark Cosby is a Lane County resident who surveilled the Lane County Election Office parking lot on election night. Mr. Cosby witnessed a crowd of people leaving the building late at night carrying various bags, duffle bags, and backpacks that were heavy and bulky, consistent with carrying paper. Mr. Cosby visited the Lane County Elections Office and asked if tabulation officials were allowed to take backpacks and bags into the tabulation room and if so, were they searched or otherwise secured to ensure election security. The Lane County Elections Office told Mr. Cosby that such bags were not inspected.”
   
   
4. “During the 2022 primary in Douglas County, about 166 people ran as write-in candidates to be Precinct Committee Persons (“PCPs”) for the Douglas County Republican Party, each only requiring three votes to be elected. PCP candidates commonly rely on write-in voting to be elected. Out of the 166 candidates, only 39 were elected. This is strange. People who run to be a write-in for PCP and needing only three votes, make sure to line up their votes ahead of time and their friends who write them in on their ballot are dedicated to the task. The people of Douglas County asked, why did such a high percentage of these elections fail? Douglas County refused to answer all of the questions. They refused to respond to public records requests and stonewalled attempts to identify the problem. Maybe what happened is that many Republican ballots were swapped out for phantom ballots filled out by a criminal and inserted into the system by criminals. Without transparency, a range of possibilities come to mind and the citizens have been robbed of knowing that the results of the election accurately reflects who they voted for.”
   
   
5. “Oregon’s election office has become so arrogant that they demand that citizens stop talking about election integrity concerns. Deborah Scroggin, Oregon Elections Director, called Janice Dysinger, a long-time advocate for fair elections, and ordered her not to speak about elections in public anymore. A government official is far out-of-bounds when she believes that she has the authority to tell a citizen that she has lost her free speech rights. Mrs. Dysinger refused to obey.”
   
   
6. “The act of observing elections is also a sham. The observers are neutered such that they cannot follow what is going on, document problems, or make any input. For example, each of the signature verification observers of Multnomah County’s ballot processing disagreed with decisions that were being made on signature validation. These concerns were raised, but they were ignored by the election officials. Artificial intelligence (“AI”) is used in the signature verification process, but no one was allowed to observe the work being done by the AI.”
   
   
7. “Vote counting in Douglas County lasted for 35 days.… The cameras were only on for portions of 7 days of the 35 days. The images are so small that an observers can not identify with any certainty whether the papers being fed into the tally machines are in fact ballots. In the envelope opening area, there is no access to see any of the signature verification process. The election observation process in Douglas County is a sham, designed to check a box, but not designed to give the people confidence that their votes are being properly counted.”
   
   
8. “In Washington County, the observation room is equipped with video screens displaying the output of cameras in the room. The cameras are 20-30 feet from the action, preventing the observers from seeing any detail of the work. The cameras are wide angle security cameras not suitable for observation of any detail. There are 10 cameras and only 4 screens set up to rotate every 45 seconds, so that no task being performed by the election workers can be followed by the observers… The election observation process in Washington County is a sham.”

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9. “Washington County workers receive about 2,200 votes from overseas service members (“UOCAVA”). The workers need to transcribe the ballots from regular office paper onto blank ballots. Washington County did not provide any opportunity for observers to watch the process of transcribing these UOCAVA ballots.”
   
   
10. On election day, Washington County rejected the signature on many ballots— signatures that to the observer looked just fine—while others that did not resemble the master signature. The observers on that day sought to challenge about 230 signatures, but the vast majority were accepted by the workers despite the challenge. There is no mechanism for effectively challenging the signatures because once it is accepted, it is fait accompli, the ballot goes into the counter. There is no avenue for appeal and there no way to undo the process.”
    
    
11. “On Election Day 2022, John and Elaine Woods dropped off their ballots at the Washington County Elections Office. Parked in the parking lot was a paper shredding truck. The driver was in the Elections Office doing some sort of business.”

The new deadline for the Secretary of State and the Defendant Counties to ‘Answer’ or file a ‘Motion to Dismiss’ is February 17th. All County Commissioners and their councils in the 36 Oregon Counties are now named as Defendants to the lawsuit and they all have the opportunity to file an ‘Answer’ to the lawsuit to allow the case to go forward.


--Terry Noonkester and Marc Thielman

Post Date: 2023-02-20 15:56:49

Last Update: 2023-02-20 16:38:45

In 2022 Oregon legislators followed California and Washington State passing HB 4002, sponsored by Representative Paul Holvey (D-Eugene), an advocate of establishing overtime wages for Oregon’s agricultural workers, a group long excluded under federal law. To assist agriculture employers, the bill included a refundable tax credit against personal and corporate income taxes to offset a percentage of the additional cost paid by a crop or animal production business.

That bill anticipated the need to establish a grant, loan, or lending program and allocated $10 million for providing financial assistance to employers to mitigate the costs of compliance. The Oregon Business Development Department recommended the temporary loan program in HB 2058 to provide up to $40,000 repayable awards to agricultural employers to pay overtime compensation as a temporary loan until tax credits are received. To be eligible for the repayable award, an agricultural employer must anticipate earning less than $3,000,000 in gross income in the current year.

The legislation in 2022 established a tax credit that pays 60% if over 50 workers grading to 100% for employers with less than 25 workers, decreasing over time. But they don't see the money until tax time, so HB 2058 is intended to stuffed the gap with a temporary loan system. But in the end, taxpayers are paying for the majority of the cost via the tax credits, plus the administration of this new program.

Agricultural employers testified that by passing HB 4002 last year, which went into effect June 6, 2022, there wasn’t enough time to prepare. Even though a refundable tax credit was available for increased overtime costs, farmers weren’t prepared financially to front the added cost waiting for tax refunds. “This created a cash flow challenge, particularly for small and mid-sized grape growers and wineries who will begin seeing overtime costs as early as this spring.” They recognize that some will go out of business if they can’t adjust their business practices.

Maybe the Greater Idaho movement has picked up momentum because legislators won’t listen to farmers or are willing to look at workable alternatives. Anne Krahmer-Steinkamp said in 2022 that their blueberry operation pays pickers per unit, which works out to $25 to $45 an hour, and to pay time an a half on an already slim margin isn’t affordable.

Janice Flegel testified, “As a farm employer, HB 4002 has caused my family to reevaluate if we even want to employ workers anymore. There will be a different Oregon because of this and offering a grant/loan will not make a difference to most family farms like ours frankly, because we will have to figure out a different way to operate.”.

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Sam Tannahill, President of Oregon Wine Council, said, “the reality is that the program will likely not be utilized or beneficial. As written, producers would be required to take out a loan on their payroll, then submit for reimbursement without knowing whether or not the loan would actually be reimbursed or if the tax credit would be granted. Taking out a payroll loan is not a sustainable way to run a business, nor is this a risk that many producers will be willing to take.”

These bills are focused on the employers ability to pay the overtime, but workers are seeing the consequences. Workers from both California and Washington are saying that agriculture employers are limiting workers to 40 hours, so individual workers are making less. "Workers want to put in as many hours as possible and then go back to their home country for the winter," a Washington worker said. What was once an opportunity by choice is now being limited by do-good regulations.

HB 2058 passed through Ways and Means with a unanimous vote and will go back to the Oregon House for a floor vote.


--Dollie Banner

Post Date: 2023-02-19 16:20:25

Last Update: 2023-02-19 17:19:40