SINCE 1979 • VOLUME 40, NO. 20 SECTION A FEBRUARY 15, 2019 $1.00 KPD union bid fails Judge sees merit in some arguments, not enough Sergeants dispute roles despite signatures stating otherwise By ERIC A. HOWALD Of the Keizertimes Keizer Police Department (KPD) sergeants sought access to the Keizer Police union over two days of hearings in 2018, but the effort appeared handicapped from the get-go. Five of the KPD current sergeants testifi ed on behalf of the Keizer Police Association (KPA), which they were seeking access to, in July and September of 2018. The hearings took place at the Employment Relations Board with Administrative Law Judge Martin Kehoe presiding. While the request was denied an objection has been fi led. The sergeants contend that their duties do not rise to “ I didn’t read it. I have clearly defi ned goals and I’ve seen how other sergeants do business. I honestly don’t feel I need a document to tell me what my job is.” Please see ROLES, Page A5 Please see JUDGE, Page A5 PHOTO ILLUSTRATION/Andrew Jackson — Sgt. Trevor Wenning the level of supervisory and therefore qualify for inclusion in the KPA. While the sergeants took issue with the job description issued by the City of Keizer Human Resources Department, all of them had signed statements and clear pressure to “get it done.” Sgt. Trevor Wenning was the most blunt in responding to a question from Cathy Peck, the city’s legal representative, as to why he would sign such a document knowing there was disagreement over the duties therein. “I didn’t read it. I have clearly defi ned goals and I’ve seen how other sergeants do business. I honestly don’t feel I need a document to tell me what my job is,” Wenning said. When Sgt. Bob Trump asked whether he understood the sergeants’ position to be By ERIC A. HOWALD Of the Keizertimes An effort by the Keizer Police Department’s sergeants to join the Keizer Police Association union was dismissed by an administrative law judge in late January. The dismissal follows two days of hearings on the matter that took place in 2018. (See related story Sergeants dispute.) However, the dismissal is not likely to be the end of the discussion, said Machell DePina, human resources director for the City of Keizer. Keizer’s police are a department of the city and thus work in conjunction with city staff policies and procedures. “The Keizer Police Association, via their attorney Daryl Garrettson, has fi led an objection to the administrative law judge’s proposed order so this issue is still far from over,” DePina said. checked boxes indicating no changes were needed within a year prior to their request for union inclusion. Some sergeants took responsibility for signing the job description while others said it was presented to them at the last minute and under Best of show Board fi res starting gun on parks workout projects so much great advice and By ERIC A. HOWALD guidance,” Davis told the Of the Keizertimes A proposal to install fi tness members of the parks board. Davis’ grand vision was stations in Keizer parks has covered last entered the month in the sprint stage. Keizer times , Jeff Davis, but funding to a Keizer resi- begin work on dent and local a scaled-back fi nancial advi- Phase 1 came sor, has talked to fruition with the city quickly. offi cials and representatives In addition for about six to fi nancial months about backing, Davis a plan to install said Rotarian fi tness equip- Bob Zielinski ment through- has offered use out Keizer’s of an excavator parks system. and an employ- In less than 48 ee to run it and hours, Davis’ Herc Rent- project turned als offered use from a vision of addition- into something al equipment he’ll have to during down make good on. time. That On Monday, leaves the larg- Feb. 11, Davis est outstanding received the need to begin — Jeff Davis endor sement moving for- of the Keizer ward assistance Rotary Foundation to the tune with installing concrete pads. of $25,000 over two years and Those with the know-how approval for a $7,832 matching and ability are encouraged grant during a meeting Keizer to contact Davis at 541-905- Parks Advisory Board Tuesday, 5192 or via email at jeffd@ Feb. 12. live.com. “Thank you all. I've gotten Please see WORKOUT, Page A8 “If this goes well, and we learn along the way, we might be able do more next year.” KEIZERTIMES/Eric A. Howald McNary High School senior Laura Gillespie won Best of Show in the annual student show at the Keizer Art Association gallery. For all the winners and more photos, see Page A3. Eminent domain defense might be breaking new ground Paul Diller By ERIC A. HOWALD Of the Keizertimes Usage of eminent domain claims to take possession of property needed for pub- lic use is older than Amer- ica itself, but the defense being deployed by St. Edward Catholic Church to ward off a claim by the Salem-Keizer School District is distinct. And it’s part of a handful of cases that could one day reach the highest court in the nation, according to a professor at Willamette University Law School. “The church is asserting here that the fact that they are a religious entity should make it harder to take their land. It’s an argument buttressed by the relatively recent Religious Land Use and Institutionalized Persons Act (RIULPA),” said Professor Paul Diller, who spoke with the Keizertimes as part of a monthly on-air interview segment at the studios of KMUZ on Friday, Feb. 8. RIULPA was passed in 2000 in response to the U.S. Supreme Court striking down the Religious Freedom Restoration Act that was designed to curtail government action burdening religious organizations. RIULPA is much more narrow and applies specifi cally to land use. “RIULPA is often used when they think [churches] Please see DOMAIN, Page A8 Keizer hoopsters All-American finalists PAGE A14 Whiteaker cabaret on deck PAGE A3 Keizer school shares valentines with seniors PAGE A8 Swimmers denied shot at state PAGE A11