Former Portland lawyer Lori Deveny stole millions from at least 135 vulnerable personal injury clients. She is now serving concurrent state and federal prison sentences, and a restitution hearing is scheduled for later this month. However, the Northwest Observer has learned that the estates of Deveny’s dead clients are at imminent risk of exclusion from that restitution order, which is expected to exceed $4.5 million.

The deceased clients’ files are in the hands of the Oregon State Bar -- who won’t release them to the estates or to law enforcement—and Multnomah District Attorney Mike Schmidt refuses to intervene on the families’ behalf.

The files are set to be destroyed by the Bar later this month, unless some state or federal authority intercedes. The client files likely contain previously undisclosed evidence of Deveny’s decades-long scheme of fraud and theft.

The situation was brought to light by Stephanie Volin, an independent writer who frequently reports on Oregon’s legal system. She first learned of the existence of these deceased clients’ files last month, and about the Bar’s plan to destroy them.

Volin then spent weeks imploring D.A. Schmidt and other authorities to intervene in the matter. Schmidt was unresponsive, and instead passed the buck to the Clackamas District Attorney. Because neither office would act, Volin finally wrote and filed her own emergency motion for an injunction in late March. The motion is still sitting in that case, unread and undecided.

“I think it’s a major problem that nobody even knows how many dead Deveny victims there are, because the Bar won’t tell us and won’t tell law enforcement,” Volin said. “But it’s a far worse problem that these D.A. and the court won’t act to protect these people and their property.”

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She added, “These clients were victimized by a well-known local attorney, and the county and court where she mainly practiced are now looking the other way. It looks really bad for everyone to just shrug and say ‘Oh well!’”

The Bar acquired Deveny’s files in late 2018, when Multnomah Judge Jerry Hodson awarded the agency the remnants of the disgraced attorney’s practice. Judge Hodson also presided over Deveny’s state criminal case, and imposed a 14-year sentence that many believed was insufficient, in light of the scope and duration of her criminal career.

“The Bar sat on Deveny’s files for years and made no attempt to locate estates or heirs for her deceased clients. Now they’re going to destroy those files in a few weeks unless someone acts.”

Volin insists that the Bar misinformed Judge Hodson when they sought his permission to shred the files. “The Bar was not candid with the judge. I don’t think he would have signed the order if the Bar had plainly told him, ‘Hey, we never even tried to locate the rightful owners for all these deceased peoples’ property.’”

The agency, which exists to protect the Oregon public, may begin shredding the files as soon as the final judgments are entered in the two criminal cases. The restitution hearing is currently scheduled for April 19th.

As that day rapidly approaches, Volin still holds out hope that Multnomah D.A. Schmidt will get involved in the matter. “Deveny abused many more people than we currently know about, and some of them happen to be dead. She shouldn’t get away with burying her crimes along with her victims, and doing so with the Bar’s help. The D.A. absolutely should act quickly to safeguard these files.” Volin added, “It certainly shouldn’t have to be me.”


--Staff Reports

Post Date: 2023-04-06 09:17:26

Last Update: 2023-04-06 11:19:07

To get out ahead of Senate Bill 853 making a clean sweep on the Senate floor, Governor Tina Kotek directed the practice of reimbursing state employees commuting from out-of-state. Chief Operating Officer and interim Director of the Department of Administrative Services Berri Leslie announced the plan to end the pandemic-era practice of reimbursing employees who work remotely, including those who work out-of-state to travel to their offices in Oregon.

Oregon law encourages state agencies to allow employees to telecommute when telecommuting provides an opportunity for improved employee performance, reduced commuting miles, or agency savings. This law applies to state agencies in the executive, legislative, and judicial branches of government. Each state agency is required to adopt written policies defining telecommuting criteria. Telecommuting is defined as working from an "employee's home or from an office near the employee's home, rather than from the principal place of employment."

Under the revised policy, which returns to Oregon’s remote work guidelines pre-pandemic, state employees will continue to be allowed to work remotely as approved by their agencies. However, remote employees will no longer be reimbursed for commuting to the office. This policy will go into effect on September 1, 2023, which will enable DAS to properly prepare and provide notice to employees about changes to the remote work policy around reimbursement.

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SB 853 was introduced with 57 bipartisan sponsors simply banning costs of travel to or from Oregon for an employee in state service who telecommutes. With that much support, it might be questioned what went on in back rooms to amend the bill to exempt positions authorized under terms of collective bargaining agreements. They also added an exemption allowing state payment of travel costs to and from Oregon for state employees who telecommute from principal work site located less than sixty miles from the Oregon border. The bill further allows for exemption when essential requirements of telecommuting employee's position necessitate employee telecommuting from principal work site outside of Oregon.

It seems that the bill simply provided leverage to get Governor Kotek to terminate the pandemic practice and doesn’t prevent the situation from reoccurring.

Leslie said, “We must ensure that state resources are used effectively to serve Oregonians and that our policies reflect the evolving needs of our workforce and the public. Employees will continue to be allowed to work remotely as approved by their state agencies. We look forward to implementing this change and continuing to refine our policies to meet the needs of our state employees.”


--Donna Bleiler

Post Date: 2023-04-04 14:18:35

Last Update: 2023-04-04 00:41:43

Marion County Republican Party Chairman Joel Pawloski has been speaking out about the political climate in Oregon and how an adherence to constitutional law may be what is needed to restore the people's confidence in Oregon government. Pawloski gave the following statement to the Northwest Observer.

"The first Section of the first article of the Oregon Constitution defines your political power", said Pawloski. "Section 1. Natural rights inherent in people. We declare that all men, when they form a social compact are equal in right: that all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government in such manner as they may think proper.— Read the last sentence again. One more time. Let it sink in."

"Section 1 does not say the legislature", Pawloski continued. "It does not say the governor. Section 1 declares that the people of the state have the right to alter, reform or abolish the government of the state of Oregon. This is your political power."

"In the past there are efforts to separate you from your political power. Many well meaning but destructive to your knowledge of your rights. You were taught at a young age that we don’t talk about religion and politics. It makes people upset. You have been taught about the separation of church and state which does not exist. Keep your religious opinions behind the closed doors of the church. In this way you have censored yourself, doing the work of your political opponents for them."

"There are other ways the people have given up their political power", Pawloski said. "Not voting is one. As a US citizen it is your responsibility to cast an informed vote for representatives that will safeguard you and your posterity. Do not allow the doomsayers or the media or the pollsters to convince to not vote. It is one of the three primary ways that you exercise political power."

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The Marion County Chairman continued to explain, "When you do not speak up in public or vote. That vacuum will be filled by those that may not have your interests in mind. You give others unfettered access to your political power by not using it. Another expression of your political power is to join with like minded people to affect change that benefits the people. Non-compliance with government dictates is another. Thus you see the reason for Freedom Business Fellowship is the expression of political power."

"We will use this political power of the people to affect change in Oregon, change that will benefit everyone, change that will ensure that the political power that belong to us and our posterity will not wane. We will do this through the initiative process. With only 1,000 signatures we can create an initiative. With only 8% of the population, we can put before the people of Oregon a change in the Constitution of Oregon."


--Ben Fisher

Post Date: 2023-04-04 10:03:53

Last Update: 2023-04-05 10:34:04

The Benton County Board of Commissioners Office has announced that the county is launching a public podcast series.

Benton County says that the podcast strives to take a deeper dive into topics the community cares about.

Episode 1 of the Benton County Public Podcast series features the history of the Coffin Butte Landfill, why what the Benton County Talks Trash Solid Waste Process Workgroup is doing is important, what the County is doing to manage solid waste now and in the future, and what individuals can do to help decrease consumption and why it is important.

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Featuring Workgroup member Kathryn Duvall and Community Development Deputy Director, Greg Verret, the podcast mentions how members have volunteered thousands of hours working to provide recommendations about the future of sustainable materials management, solid waste, and disposal in Benton County as part of the Benton County Talks Trash Solid Waste Process Workgroup.

The county says they are encouraging feedback about the project.


--Ben Fisher

Post Date: 2023-04-04 06:48:47

Last Update: 2023-04-04 11:23:30

Each year Oregon emphasizes the importance of transportation safety to its citizens, in April the emphasis is on distracted driving awareness. Oregon joins the nation in this recognition. On January 5, 2022, Kristopher W. Strickler, Director of the Oregon Transportation Commission issued Consent Item 08 – Transportation Safety Programs – Declaration for 2023 “Distracted Driving Awareness Month” proposing April 2023 as Distracted Driving Awareness Month in Oregon.

The updated Oregon distracted driving law; also referred to as the cell phone law, went into effect October 1, 2017. Oregon’s basic law, ORS 811.507, states it is illegal to drive while holding and using a mobile electronic device while driving (e.g. cell phone, tablet, GPS, laptop).

Over the past two years, the increase in traffic fatalities has erased over a decade of decline. Commissioner Strickler says, “It is important to emphasize the need for diligence and need for increased highway safety in Oregon.”

The Oregon Department of Transportation (ODOT) is asking everyone to participate in the National Distracted Driving Enforcement Mobilization Campaign held April 3-10, 2023. The goal is to demonstrate a nationwide commitment to enforcing mobile electronic device laws in a fair and equitable way, and to reduce traffic crashes caused by distracted drivers, ultimately preventing deaths and injuries associated with cell phone use and texting while driving.

Distraction occurs when a driver diverts attention to something not related to driving that uses the driver's eyes, ears, hands or mind. Most distractions involve more than one of these types, both a sensory - eyes, ears or touch - and a mental component.

There are some exceptions, but for the most part, it’s best to just turn off your device when you are driving. Here are a few cases where the new law does not apply:

• When using hands-free or built-in devices, if you are 18 years of age or older.
• Use of a single touch or swipe to activate or deactivate the device.
• When parked safely, i.e., stopped in a designated parking spot. It is NOT legal to use the device when stopped at a stop light, stop sign, in traffic, etc.
• While providing or summoning medical help and no one else is available to make the call.
• Tow truck or bus drivers following the federal rules for CDL holders.
• When using a two-way radio if you are a CB user, school bus driver, utility truck driver in scope of employment.
• If you are a HAM radio operator age 18 years or older.

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As of January 1, 2018, courts have the ability to waive the fine for first-time offenders who attend an approved Distracted Driving Avoidance course. Offense penalties are now a Class B violation with a maximum fine of $1,000 for first offense. A second offense, or if the first offense contributes to a crash, is Class A violation with a maximum fine of $2,000. A third offense in ten years is a Class B misdemeanor and could result in a maximum fine of $2,500 fine and could be 6 months in jail. For a first offense that does not contribute to a crash, the court may suspend the fine if the driver completes an approved distracted driving avoidance class, and shows proof to the court, within four months. Only the fine is suspended - the violation will still be recorded on the offender's driving record.

Marion County Officer looks for distracted drivers (Statesman Journal video) Commissioner Strickler issued Consent 08, which reads:

• WHEREAS: Motor vehicle crashes are one of the leading causes of death and injury hospitalization in Oregon; and
• WHEREAS: Distracted driving is a serious, life-threatening practice that is preventable, yet is a national and statewide epidemic that can lead to crash fatalities for drivers and passengers, as well as, for people walking and rolling; and
• WHEREAS: In Oregon, between 2016-2020, there were 15,538 crashes involving a distracted driver resulting in 186 fatalities and 24,126 injuries; and
• WHEREAS: Distracted Driving is any activity that could divert a person’s attention from the primary task of driving; and
• WHEREAS: Studies show that using mobile electronic devices involves visual, auditory, manual, and cognitive distraction, and is among the worst of all driver distractions; and
• WHEREAS: Oregon law, as of 2018, prohibits the use of mobile electronic devices when operating a motor vehicle on public roadways; and
• WHEREAS: In order to reduce the number of crashes as well as improve Oregon’s driver safety culture, the Oregon Department of Transportation seeks to enhance the awareness, understanding, education and enforcement to stop distracted driving. NOW,
• THEREFORE: We, the Oregon Transportation Commission hereby declare April 2023 to be DISTRACTED DRIVING SAFETY AWARENESS MONTH in Oregon and encourage all Oregonians to joining in this observance.

--Donna Bleiler

Post Date: 2023-04-03 15:15:14

Last Update: 2023-04-03 15:42:12

Clackamas County Commissioners are seeking interested Clackamas County residents to serve on county Advisory Boards and Commissions (ABCs). These ABCs offer residents the opportunity to become very involved in specific activities and the goals of Clackamas County.

Individuals interested in this opportunity can apply online or via a paper form that can be obtained from the Public & Government Affairs Department by calling 503-655-8751.

Clackamas County Audit Committee

This commission has one vacancy, carrying a two-year term aligned with the fiscal year end (July 1 to June 30). This vacancy will begin when the applicant is approved by the Board of County Commissioners, likely before the beginning of the fiscal year. The nine-member commission provides review and independent oversight of the County’s financial reporting processes, internal controls, and independent auditors.

Members must have the ability to attend all meetings and review materials, including audited financial statements and reports of Clackamas County and its eight blended component units of government. This committee meets at least twice annually, but the Committee may call additional meetings at its discretion. Applicants with knowledge of governmental or not-for-profit auditing, accounting, and financial reporting are encouraged to apply.

Application deadline is Wednesday, April 26. For more information, contact Elizabeth Comfort, Finance Director, at 503-936-5345.

Clackamas County Library Advisory Board

The purpose of the Clackamas County Library Advisory Board is to represent the residents within the Oak Lodge Library and Gladstone Library Service Areas of the Clackamas County Library District, which was established by the approval of Measure 3-310, by providing community perspective to the Board of County Commissioners in matters concerning library services, policies, and library-related issues in general.

Board members have staggered four-year terms. This board currently has two vacancies:

• Oak Lodge member for unincorporated Oak Lodge (must reside within the unincorporated Oak Lodge Library Service Area)
• Gladstone member for unincorporated Gladstone (must reside within unincorporated Gladstone)

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The responsibilities of the Advisory Board are as follows:

• Make recommendations concerning the library to the Library Manager and Board of County Commissioners (BCC).
• Review budget for compliance with existing legislative and policy guidelines.
• Recommend appointment of prospective members to the BCC.
• With guidance from staff, determine resolution of challenged materials.
• Assist in the development of short and long-term goals for the provision of library services to the community.
• Represent the needs, interests, and desires of library users and residents of the service areas.

Application deadline is Wednesday, May 3. For more information, contact Mitzi Olson by phone at 503-655-8570.

Community Health Council

The Council currently has openings for 13 additional members, comprised of consumers, patients, and clients only. The Council oversees operations, budgets, and quality measures at the Health Centers clinics throughout the county. Per federal requirements, the Council must be composed of a majority of patient members, therefore current patients (or their guardians) will be given priority to join the Council to maintain compliance. The Council conducts business through public meetings that are held from 5 to 7:30 p.m. on the third Wednesday of each month in the County’s Development Services Building in Oregon City. Budget

Note: Due to continuing COVID-19 restrictions, Clackamas County says these meetings are held in a virtual format until further notice.

Council members are not required to have expertise in healthcare but should be interested in improving the quality of care and patient experience in the Health Centers. Council members should be comfortable working with a diverse group of people and willing to reach consensus on various topics and make recommendations to Health Centers Leadership and the Board of County Commissioners. Individuals who represent all geographic areas and demographics are highly valued by the Council.

Application deadline is April 26. For more information, contact Juliana Danforth.


--Ben Fisher

Post Date: 2023-04-02 09:37:05

Last Update: 2023-04-02 10:08:29

Oregon Representative Rob Nosse (D-Portland) is chief sponsor of HB 2697, which would require hospitals to follow minimum staffing standards for nurses limiting how many patients can be assigned to a single nurse, and submit "staffing plans" to the Oregon Health Authority within three months of its passage, or risk harsh penalties. The bill could radically overhaul Oregon's nurse staffing law and make it among the first in the nation to create nurse-to-patient ratios.

Prior to COVID in 2015, Senate Bill 469 passed updating Oregon's nurse staffing laws, including requiring hospitals to establish hospital nurse staffing committees to develop and approve hospital nurse staffing plans, and required the Oregon Health Authority to audit hospitals to determine compliance with staffing plan requirements. The Center for Medicare and Medicaid Services also requires nurses to have staffing plans for every patient which is addressed through the 485 Plan of Care orders signed by the provider to ensure the care needs of the patient is met. SB 469 passed to help nurses, so were they unable to govern themselves?

Even before COVID, a nursing shortage was predicted for the U.S. A survey conducted by the American Association of Critical Care Nurses in September 2021, reports that 92 percent said the pandemic had depleted nurses at their hospitals, mostly forced to leave over vaccination requirements and dissatisfaction with working conditions. As a result, they say their careers will be shorter than they intended and 62 percent continue to consider leaving the profession due to the COVID experiences.

Oregon is one of thirteen states that addresses nurse staffing in order to deliver the appropriate quality and mix of patient care and is one of seven states which require staffing committees in hospitals. The idea of hiring traveling nurses to fill the gap is no longer an option with a national shortage, especially on the west coast.

Oregon Association of Hospitals and Health Systems initially warned that ratios could force hospitals to cut back their services. Providence reports 750 open nursing positions in Oregon. Mandating minimum staffing models when there are no nurses to be had will not create a safer healthcare environment, it will create a healthcare environment in which providers close services rather than risk excessively large fines for failure to comply. If the workforce doesn’t exist, small, rural hospitals would not stand a chance with a one-size-fits-all approach.

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Nurses may think this bill will get them more help, but when 64% of Oregon hospitals are operating in the red, this added cost will produce the opposite. If HB 2697 is implemented, rural hospitals are saying the most likely outcome will be a drastic reduction in hospital and home health services. Hospitals across the nation, including our local hospitals, have already reduced services because of an inability to staff beds. This is reflective of a nurse staffing shortage, not of an unwillingness on the part of hospitals to staff those beds and provide services.

Hospitals can't find the staff, so what good is enacting staffing ratios, increasing staffing committees from one to four, imposing binding arbitration, when there isn't enough staff to go around. It seems that staff forced out when Covid vaccinations were mandated, aren't willing to return even if the mandate is lifted.

The bill poses high civil penalties of $10,000 for each day the unit is staffed below standards, plus $200 for each missed meal or rest break. The consequences is higher healthcare insurance premiums and hospitals will be forced to limit patients in order to comply. This is not the answer to better health care.


--Donna Bleiler

Post Date: 2023-03-31 11:31:10

Last Update: 2023-03-31 01:45:35

The Clatsop County Department of Public Health is now saying that because the Oregon Health Authority is doing so, the county will stop requiring individuals to wear masks when visiting public health offices beginning Monday, April 3.

The Oregon Health Authority is lifting its requirement for healthcare workers, patients and visitors in health care settings to wear face masks as COVID-19, RSV and seasonal Influenza infections have continued to decrease.

“We are committed to keeping people safe and preventing the further spread of these viruses,” said Jiancheng Huang, director of CLatsop County public health. “That means we will ask clients to wear a mask if they have any of the following symptoms:

• Fever or feeling feverish/chills
• Cough
• Sore throat
• Runny or stuffy nose
• Muscle or body aches
• Headaches
• Fatigue (tiredness)”

Clatsop County Public Health Department says that they insist on rescheduling (refuse) an appointment if a client refuses to comply with the face mask request.

“We appreciate the public’s understanding and cooperation,” Huang said.

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Jiancheng has been the Public Health Director in Clatsop County since July 2022. He comes to us from Oswego, New York, where he served as the Director of the Oswego County Health Department for 10 years.

During his tenure, the department won multiple awards for COVID response in 2021. Prior to his time in county public health, Jiancheng served as the director of the Maine Immunization Program where he changed the state from 41st to 14th in the nation for childhood vaccination rates.

He also served as an epidemiologist with the Maine Bureau of Health. Jiancheng earned his medical degree from Shanghai Second Medical University in Shanghai, China in 1987 and a master of science degree from Harvard School of Public Health in 1993.


--Ben Fisher

Post Date: 2023-03-30 10:40:48

Last Update: 2023-03-30 21:47:48

Recreational harvest of eulachon smelt on the Sandy River will be open Thursday, March 30 from noon to 7 p.m.

The open area will be from the mouth of the Sandy River upstream to the Stark Street Bridge with a limit of 10 pounds per dipper. Each dipper must have their own container. Harvest is allowed with dipnet only and smelt may only be caught from the bank. Each dipper must also have a valid 2023 Oregon angling license.

The 10-pound limit is roughly ¼ of a five-gallon bucket or a full 5-quart bucket. Anglers should bring scales to ensure they do not exceed the legal limit.

The eulachon smelt spends most of its life in the ocean, migrating up rivers, including the Columbia and some of its tributaries, to spawn. They grow to be 6-9 inches long and live 3-5 years. Most adults die shortly after spawning, so it is not uncommon to see large numbers of dead smelt along the river.

While Columbia River eulachon smelt were listed as threatened under the Endangered Species Act in 2010, abundance has recently increased to a level that allows limited, conservative harvest.

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Although eulachon smelt return annually to the Columbia River, they only return to the Sandy River periodically, and this is the first time they have been seen in any numbers here since 2015. "We're happy to provide an opportunity for recreational smelt dipping this year," said Tucker Jones, Columbia River Program Manager. "We know it's short notice, but the eulachon smelt will not be present for long in the Sandy, and we're already seeing some post-spawn die-offs." ODFW is hopeful that providing afternoon opportunity during Oregon's spring break will allow access to this somewhat rare opportunity before the smelt are gone from the system.

"Initially we were concerned that the timing of the smelt return would overlap with releases of hatchery spring Chinook smolts which would make a fishery impossible, but after consulting with district fish biologists, we've determined that we are actually in a sweet spot between releases," Jones added.


--Ritch Hanneman

Post Date: 2023-03-29 14:29:23

Last Update: 2023-03-29 18:13:38

Last week, the House Committee on Behavioral Health and Health Care held a record 5-hour public hearing on HB 2002. Opponents made a strong showing during the committee hearing and submitted 476 pieces of written testimony compared to 380 from proponents.

HB 2002 is a shocking collection of radical social policies targeting minors:

Representative Shelly Boshart Davis (R-Tangent) put out a statement saying, "the Legislature needs to decide who is an adult in the state of Oregon. In Oregon, children under the age of 18 cannot get a tattoo or pierce their ears or nose without parental consent, and going to a tanning bed is not allowed even if the parent says it is okay. This bill would allow a minor, at any age, to get an abortion without parental consent and allows minors to get "gender-affirming care" without parental consent. But in this session, bills have been introduced to:

• allow 16-year-olds to vote
• ban flavored tobacco to all ages because minors are unable to make informed health decisions
• raise the age to buy a hunting rifle to 21

Boshart Davis continues, "Regardless of where you stand on abortion, most Oregonians agree that our laws are too extreme. This bill makes our laws even more extreme by legalizing hiding whether a baby was born alive or dead. In addition, this bill would make it even easier for kids with gender dysphoria to make permanent, life-altering decisions about their bodies without parents' knowledge."

This bill would remove a parent’s role in their child’s life by:

• Eliminating any age of consent requirements for “reproductive health care”, including abortion, despite parental consent still being required for any necessary emergency care as a result.
• Requiring written permission from a child of any age in order for a parent to know what reproductive health services are provided by a health care provider.
• Authorizing a pharmacist to provide abortion pills without regard to the age of the person.
• Repeals the law against concealing the birth of an infant—paving the way to conceal the death of an infant.
• Allows a child to bypass parents for "gender affirming care."

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Here are a few of the highlights from the hearing:

Representative Lucetta Elmer gave a powerful testimony about how her birth mother chose life for her because the culture in the 1970s valued life, even if it was inconvenient.

Camille Kiefel from Milwaukie, Oregon, bravely told her story about her experience with "gender-affirming care." Her anxiety and trauma from when she was young led her to remove her breasts to escape that trauma. She now regrets that procedure and is speaking out against HB 2002. After sharing her visible pain, Chair Rob Nosse (D-Portland), thanked her and with a great deal of bias, dismissed the seriousness of her testimony and told her he doesn’t share her position on the bill.

Representative Lily Morgan asked the Oregon Department of Justice why we would want to repeal the crime of concealing the birth of an infant, and their response was shocking.

Work session is scheduled for March 27.


--Donna Bleiler

Post Date: 2023-03-27 16:17:41

Last Update: 2023-03-27 21:55:45

With the start of spring comes the annual deadline to remove studded tires. Oregon drivers must remove studded tires from their vehicles by Friday, March 31.

“We encourage drivers to not wait until March 31 to remove their studded tires, especially if they aren’t driving in the mountain passes between now and then,” said Galen McGill, State Maintenance and Operations Engineer.

Drivers with studded tires on their vehicles after the March 31 deadline may receive a citation from law enforcement for a Class C traffic violation, which carries a presumptive fine of $165.

While studded tires are allowed in Oregon from Nov. 1 through March 31, drivers are urged to use alternatives, such as traction tires and chains.

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A 2014 study showed studded tires cause about $8.5 million in damage each year to state highways.

ODOT maintenance crews continue to monitor highways and weather forecasts and work to remove any late season snow or ice as soon as possible.

Whenever you travel, plan for the weather and visit TripCheck.com for road condition information. After March 31, use other types of traction tires or chains if needed, or postpone your travel until conditions improve.


--Ben Fisher

Post Date: 2023-03-27 13:32:50

Last Update: 2023-03-27 13:49:49

Secretary of State Shemia Fagan has requested SB 166, which at first glance, it appears to protect voters and election workers. Fagan testified, “We build trust by removing barriers to voting, providing accurate information, and supporting Oregon’s 36 county clerks who process ballots and report accurate results.”

Fagan presents the Election Security Bill (SB 166) as having three security pillars that will help restore public confidence in our elections systems.

• Affirming the right to vote and she says, “the right to a secret ballot is an important fundamental right for Oregonians would help reassure voters that their vote is secure and that their ballot is their own business.” What the Secretary fails to mention is the bill seriously limits public records requests and gives her full authority to define by rule what information would be public or withheld. She is also allowed to determine security measures, and the bill expands the definition of security plan as to what is confidential.
• Expands protecting the safety of election workers passed in 2022 under HB 4144, which enacted misdemeanor penalties for threatening or harassing election workers. Fagan based replacing the penalty with a Class C felony on the January 6 Report, not on any incident in Oregon since the passage of HB 4144 that would support increasing the penalty.
• Improving elections security at the county level allowing the Secretary of State additional time and greater ability to evaluate the threat that environment security plans are intended to address, by adding cybersecurity and physical security to their scope, and by requiring security plans to be consistent with best practices as defined by federal authorities. Aggravated harassment is already a Class C felony in ORS 166.070(2) and for computer (device) crimes in ORS 164.377.

Secretary Fagan has her comical video campaign to reassure voters that there is transparency throughout the voting system, all the while she was telling clerks to find reasons to increase charges for public requests to discourage requests. Now she wants to frighten observers away, and virtually eliminate any useful information through public requests.

SB 166's most aggressive attack against fair and transparent elections is the expanding of confidential information that includes the security plan, and all communications relating to the development and review of a security plan that is filed by the county clerks. It includes all their procedures, security agreements, cybersecurity procedures for the process of casting and tallying ballots, storing, scanning, pre-voting tally system checks, post-election ballot security, and any other security measure the Secretary requires by rule.

This goes directly back to the case of Washington County vs. Tim Sippel in which Washington County was joined by Attorney General, Ellen Rosenblum, and the Secretary of State Shemia Fagan to prevent the release of the voting SQL zip file saying the public has no interest or need to know. The SQL files are the tests run on the machines prior to the elections to see that the machines are operating correctly. It takes data from various tables it has access to, and it can manipulate that data to come up with an answer according to its protocol.

After this case came to light, the Secretary encouraged counties to increase their fees to discourage requests for Cast Vote Records. What the citizens group “Clean Voter Rolls” discovered was what was once $30 to $465 went up to a high at $982,896.17 from Jackson County, $93,000 in Deschutes County and $52,000 in Douglas County, and many others were in tens of thousands as a result. Washington County Deputy District Attorney Jason Ring wrote in review of a $65,223.50 fee, “we find on these facts that the amount of this fee in comparison to the nature of the request “suggests” that its true purpose is to constructively deny the request.” He further notes that the Secretary was looking for ways to respond to legitimate requests while discouraging others.

Ring writes, “this reporting demonstrates that elections officials strongly disapprove of elections-related public records requests.” Meaning, they don’t want the public watching over their shoulders. Ironically, progressive San Francisco publishes the Cast Vote Record on their website after the election for everyone to see.

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

Janice Dysinger, Oregonians for Fair Elections and Election Integrity, is a seasoned veteran on public record requests. She has been requesting Cast Vote Records for years, which is a computer print-out of the tabulators as they progress through the election. She says, “it is the only document we can see if anything happened in our election that was irregular. There is little any citizen can do to check the security and truth of the election without these reports.” In her experience, the county used to print out all the actions the tabulators took as the ballots progressed through the count. But the printout was done away with when votes started to be counted prior to election day. Now this record accumulates in the tabulators and is easily produced from a simple command.

Dysinger says, “SB 166 is using voter security to keep me from regular records requests because a few people might have written their name on their ballot. A lot of effort goes into keeping voters unidentified, but if a voter writes their name on their ballot, they are choosing to be identified.” District Attorney Ring concluded the same thing in his opinion on the Washington County data.

SB 166 will prohibit the public from this information. One county told Dysinger that the vendor instructed them not to release Cast Vote Records because it contained proprietary information. That type of harassment and intimidation isn’t covered in SB 166. It is obvious the Secretary of State does not want the public to have a transparent voting system.

According to Dysinger, if SB 166 passes, a voter can never challenge an election result or have any valid means to prove the simplest fraudulent acts or to request a forensic audit.


--Donna Bleiler

Post Date: 2023-03-26 08:48:05

Last Update: 2023-03-26 09:58:00