10A
THE DAILY ASTORIAN • WEDNESDAY, JANUARY 21, 2015
Cases: DUII debate
has been a polarizing,
and often personal,
divide in Astoria
Continued from Page 1A
the city had apparently
wasted the money spent
successfully
defending
against Marquis over the
years.
The Oregon Court of
Appeals ruled last year that
Astoria has discretion over
which court to send DUII
cases for prosecution.
Marquis, who brought
the legal challenge against
the city seeking jurisdic-
tion, was preparing to ap-
peal to the Oregon Supreme
Court. A brief urging the
court to review the appeals
court ruling is due this
week and, Marquis said,
the state Attorney General’s
-
trict Attorneys Association
because of the legal princi-
ples involved.
After learning of the
City Council’s vote late
Tuesday, Marquis said he
might reconsider an ap-
peal.
“I am not interested in
pursuing litigation with the
city of Astoria, or causing
to spend more money on a
lawsuit that I never wanted
the district attorney said.
“So if the issue is re-
solved, it may very well
Brett Estes, the city
manager, said after the
council meeting that he
would work with Brad
Johnston, the police chief
and assistant city manag-
er, to implement the coun-
cil’s direction to “promptly
amend police department
-
tions in Circuit Court.
For more than a decade,
the DUII debate has been a
polarizing, and often per-
sonal, divide in Astoria.
Astoria is the only city
in Clatsop County to as-
sign misdemeanor drunk-
en-driving prosecutions to
Municipal Court.
Marquis and others
have long argued that Cir-
cuit Court offers a higher
standard of justice, but
direct comparisons be-
tween the courts have been
elusive and often anecdot-
ing cases.
-
to separate the policy from
the politics. Willis Van
Dusen, Astoria’s popular
former mayor, who led the
city for 24 years before opt-
ing not to run for re-elec-
tion last year, defended the
city’s handling of DUIIs in
Municipal Court.
Van Dusen’s stand, how-
ever, was second-guessed
by critics because of his
own struggles with alcohol.
The former mayor had three
drunken-driving arrests be-
fore publicly acknowledg-
ing after his last arrest in
2006 that he needed help
and would seek treatment.
Earlier this month, when
LaMear hinted that she
was open to a fresh look at
the issue, she questioned
whether there is a signif-
icant difference between
how Municipal Court and
Circuit Court handle DUII
cases.
A breakdown of DUII
cases in Municipal Court
provided by the city to The
Daily Astorian through a
public-records request, of-
fers some insight.
Of the 146 DUII cases
in Municipal Court since
2010 that ended in convic-
tion, dismissal or diversion,
41 — or 28 percent — were
convictions; 25 — or 17
percent — were dismissals;
and 80 — or 55 percent —
were diversions.
Drunken drivers are
generally eligible for diver-
they have not had a DUII
arrest or diversion in the
past 15 years.
The newspaper has
asked the Clatsop County
more DUII cases than As-
toria, for similar data and is
awaiting a response.
LaMear said Tuesday
night that it is her duty as
mayor to unify and lead
the community. She said
the city should concentrate
on important issues such
as waterfront development,
the completion of a sew-
er improvement project,
the restoration of Heritage
Square and the renovation
of the Astoria Public Li-
brary.
“Instead of dwelling on
the DUII issue, let’s con-
centrate our efforts on these
projects which will make
Astoria an even better com-
she said.
LaMear had sensed a
shift on the issue with the
election last year of new
Councilor Cindy Price —
who is married to Marquis
and had made the transfer
of DUII cases to Circuit
Court a priority — and new
Councilor Zetty Nemlow-
ill.
“I’d just like to thank the
mayor for showing lead-
said, adding that she would
be “delighted to have this
Councilor Drew Herzig,
who had campaigned on
transferring the DUII cas-
es to Circuit Court when
he was elected in 2012,
described the change as a
But Warr, the lone dis-
senter, said the city had
prevailed before the state
Legislature and the courts.
Warr said the city had
been “tried and convicted
in the court of false state-
Sea lions: Port has explored several
options to rid dock of marine mammals
Continued from Page 1A
“The consensus of these experts is allow-
ing the sea lions to continue to inhabit our
said Evert, “and that their preference is to see
the sea lions on the breakwaters, on the rock
breakwaters, because otherwise we wind
up in a situation where we’re domesticating
In an effort to keep sea lions off the
docks, Evert said the Port has explored sev-
eral strategies, including:
• Galvanized pipes placed 18 inches high
running along the Port’s docks.
• Colorful surveying ribbons, which irk
sea lions with their noise, color and wind
action. The strategy proved temporarily suc-
cessful last year. Evert added that the Port’s
looking into the use of banner rope with at-
tached pennants.
• Matting created by the Smith-Root
Fisheries Technology that carries a low
electrical current uncomfortable for sea li-
ons.
It’s also applying for Oregon State Ma-
rine Board grants to replace and repair
docks. Evert said the Port has spent about
JOSHUA BESSEX — The Daily Astorian
A sign at the East End Mooring Basin warns people of sea lions on the dock.
to North Tongue Point.
“In the process of protecting Port prop-
erty, we’re pushing the problem off onto
But the Port doesn’t want to be wildlife
managers, he said, and it needs to empty the
docks, market them to potential tenants and
create what he, Evert and Dave Densmore, a
-
sin, mentioned as one of the best deterrents
to sea lions: human activity.
Rooftop: Mayor makes 14 new appointments
Continued from Page 1A
“The bank just has this won-
derful opportunity to set a stan-
dard for new building in down-
I am not a person who wants to
live in Disneyland. I don’t want
all of our buildings to look alike.
“But I think that some consis-
tency in design elements is useful
In other action
Mayor Arline LaMear,
meanwhile, announced Tuesday
night that she had made 14 new
appointments and 11 reappoint-
ments to a host of city boards
and commissions.
Some on the City Council
had wanted LaMear, who as
mayor has discretion over ap-
pointments, to consider submit-
ting appointees to the advice and
consent of the council.
While LaMear said the
council may discuss changes
to the appointment process in
its goal-setting session Friday,
the mayor said she made the
appointments so the boards and
commissions would have the
quorums necessary to function.
“Some of these boards and
commissions need appointments
now as they either do not have
a quorum or have the minimum
The City Council also agreed
-
er purchase agreement with Pacif-
iCorp related to a new hydroelec-
tric generator at Bear Creek Dam.
The city hopes to use the
power generated by the turbine
for the city’s water treatment
system and sell the excess pow-
K-9: He will be the only narcotics dog in county
Continued from Page 1A
Schermerhorn said. But Gunner
He will be the only narcot-
ics dog at a Clatsop County
law enforcement agency since
ahead of his predecessor, “very
its narcotics dog early last year
when its handler moved to
Bend, said Paul Williams, chief
Gunner likely will work with
other law enforcement agen-
cies, perhaps even in Tillamook
County, Schermerhorn said.
Although Gunner’s training
in Cannon Beach and Washing-
ton County will be ongoing, he
Gregory doesn’t foresee
running into any Cash-esque
Top Dog, top dollar
Last year, the department
-
cer program, and money is still
trickling in, Schermerhorn said.
“In fact, we’ve had people
ask if they can continue to make
Schultz donated Cash, the de-
partment paid $6,200 for Gun-
ner, who was purchased from
and Consulting in Modesto, Ca-
lif. That amount also paid for a
one-year warranty on Gunner’s
health that will include a total re-
fund or replacement if Gunner’s
Still in place are the commu-
nity donations from Dogs Al-
lowed Cannon Beach, which has
pledged to provide free dog food
for the life of the program, and
Dr. Robert Remensnyder, a vet-
erinarian at the Seaside Pet Clinic
who will administer Gunner’s
routine checkups free of charge.
Gregory said he is sorry
it’s taking so long to make the
“everything happens for a rea-
in service by March. Gunner,
whose radio call sign is 709,
is considered the department’s
Gregory and his family.
“He’s a really good dog.
He’s got a great temperament.
He’s smart. He’s doing really
Gregory said.
‘Cash’ trouble
Gunner doesn’t exactly have
a tough act to follow.
The department’s previous
never made it through the train-
ing with the Washington Coun-
initially showed much promise
when the department acquired
him in August, Cash turned out
to be rather jumpy, afraid of
heights and, when he detected
drugs, was inclined to bark ag-
gressively rather then lead Greg-
ory straight to them. Cash was
returned to Schultz, his original
owner, in early October.
PUBLIC NOTICE
CMH ENT/Cosmetic Surgery Clinic to close Feb. 20, 2015
After two years of dedicated service, Dr. Christopher Nyte
will be leaving Astoria and the CMH ENT/Cosmetic Surgery
Clinic will be closing.
Dr. Nyte will continue to keep scheduled appointments until
Feb. 20, 2015, and will ensure that his patients have alternative
options if they have been under his care. Any patients who
have seen Dr. Nyte in the CMH ENT/Cosmetic Surgery
Clinic in the past 2 years will be able to access their records
through the CMH Medical Records department; the phone
number is 503-338-7528.
Join us!
FREE! Fun for the whole family!
Community Health Fair
February 14, 9am-2pm
Clatsop County Fairgrounds
92937 Walluski Loop, Astoria, OR
Join the CMH/OHSU Cardiology Clinic on Valentine’s Day for a fun
and informative, heart-friendly Community Health Fair.
< Get basic health screenings.
< Get advice from experts on heart health, medication interactions,
orthopedic surgery and more.
< Learn about local health & fitness programs.
< Talk with local medical specialists.
< Test your strength and balance.
< Win prizes hourly! Fun for the whole
family!!
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