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THE DAILY ASTORIAN • MONDAY, OCTOBER 29, 2018
Legislative proposals will
stay secret pending appeal
State fights in
court against
disclosure
By PARIS ACHEN
Capital Bureau
The Oregon Court of
Appeals late Friday granted
a request by state officials to
keep secret for now the details
about proposed legislation, act-
ing just minutes before the state
was due to publicly disclose the
records.
An attorney pressing for dis-
closure said Gov. Kate Brown
was trying to keep the public
away from her legislative ideas
until after a closely-contested
race for governor in November.
A Marion County judge
ordered the state to release doc-
uments by 5 p.m. Friday that
showed changes in law being
proposed by state agencies.
Portland attorney Greg
Chaimov sued state officials in
Brown’s administration after
they denied his request for the
records. Chaimov said he has
routinely received such docu-
ments since back to 2010.
Appellate Commissioner
James Nass wrote in Friday’s
order that the state “has shown
a reasonable possibility of pre-
vailing on appeal.”
Nass granted the state’s stay
in part on technical grounds,
finding that Marion County
Circuit Judge Audrey Broyles
didn’t put in writing her order
denying the state’s request to
postpone disclosure of the doc-
uments until the appellate court
had time to rule.
However, the appellate court
also concluded the state was
appealing that decision in good
faith “and not for the purpose of
improper delay.”
Chaimov’s attorney, John
DiLorenzo, said the court’s
decision has political implica-
tions for the election.
Brown, faced with a formi-
dable challenge from state Rep.
Knute Buehler, has demurred
answering questions about how
she would pay for certain pol-
icy proposals, such as education
reform or whether she would
seek to raise taxes.
The records could reveal her
plans, DiLorenzo said.
The decision “plainly will
have the effect of keeping the
records away from public scru-
tiny until after the last ballots
are cast in the upcoming gen-
eral election,” DiLorenzo wrote
in a response trying to blunt the
state’s appeal.
The legal question facing
the appellate court is whether
Brown and her administration
can keep proposed law changes
secret while legislative law-
yers are drafting legislation.
The answer depends partly on
whether by having legislative
lawyers draft bills, state agen-
cies can claim the confidential-
ity of attorney-client privilege.
Chaimov, a former legisla-
tive lawyer now with the Port-
land law firm Davis Wright
Tremaine, habitually requests
the forms and provides them
to business clients. He sought
the internal records last July,
but the state Department of
Administrative Services denied
his request, saying disclosure
would breach attorney-client
privilege.
Sarah Weston, attorney for
the Department of Administra-
tive Services — the agency that
is custodian of the documents
— argued Wednesday that the
agency views lawyers in the
legislative counsel’s office as
their attorneys when it comes to
drafting legislation. That would
mean communications sent to
those attorneys were protected
by client privilege.
But DiLorenzo argued that
attorneys in the legislative coun-
sel’s office by law can only pro-
vide legal advice to legislators.
Broyles
agreed
with
DiLorenzo in her order.
“I cannot find that the
Department of Administrative
Services could have expected
to form an attorney-client rela-
tionship,” Broyles said. “I find
the state has failed to meet its
burden to establish either that
there is a public records exemp-
tion that exists or that there is
existence of an attorney-client
relationship.”
New Oregon guidelines dial back opioid prescriptions
By KRISTIAN
FODEN-VENCIL
Oregon Public
Broadcasting
The
Oregon
Health
Authority has published new
guidelines for prescribing
opioids.
The state published opioid
guidelines a couple of years
ago. But those dealt largely
with people who were already
on the drug and needed to be
weaned off.
The
new
guidelines
address people in short-term
pain, like for the extraction of
a wisdom tooth.
The guidelines recommend
for example, that instead of
getting 30 days worth of pills
for a tooth extraction, patients
should get three days’ worth.
State health officer Dr.
Katrina Hedberg said the
same is true for sports injuries
and surgical pain.
“The shorter period of time
that people can be on opioids
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for the lowest dose, means less
likelihood that they become
chronically dependent on opi-
oids,” Hedberg said.
The guidelines are import-
ant because sports injuries
and wisdom teeth extractions
are often the first time young
people are exposed to opioids.
“While opioids are effec-
tive medications in acute pain
management, many people do
not use all of the pills that are
prescribed by their doctors
after an acute event,” Hed-
berg said.
Seaside Kids Inc.
Annual Pancake Feed
& sausage
Tuesday, October
5 pm -7 pm
30 th
Seaside Civic & Convention Center
415 1st Ave • Seaside
Adults: $7
Sr. Citizens/Kids under 12: $5
Family: $20
Funds support Free Athletic Opportunites for the Local Children
Contact: John Anderson • 360-269-2500
Education officials
make effort to reduce
school absenteeism
Associated Press
PORTLAND — Ore-
gon education officials are
launching a campaign to
reduce school absentee-
ism, which is considered a
significant reason for the
state’s low graduation rate
and unimpressive standard-
ized test results.
Carla Wade of the Ore-
gon Department of Edu-
cation told Oregon Pub-
lic Broadcasting that the
“Every Day Matters” cam-
paign will help schools
work with families to get
kids to class.
Obstacles for students
include “economic barri-
ers, health including mental
health or disability issues,
transportation
problems
— streets that don’t have
proper crosswalks or side-
walks, or infrequent bus ser-
vice,” Wade said.
The department is pay-
ing to help half the state’s
school districts with the big-
gest absenteeism problems.
Money goes for education
specialists to help schools
diagnose what’s causing
absenteeism.
Study to help prevent
whale entanglements
Associated Press
COOS BAY — The Ore-
gon Dungeness Crab Com-
mission is supporting a mul-
tiyear study to prevent whale
entanglements off the Oregon
Coast.
The Coos Bay World
reported that the board of
the industry-funded agency
approved nearly $45,000
toward
the
three-year
$300,000 project.
The Coast Guard, Oregon
Sea Grant, Oregon Depart-
ment of Fish and Wildlife
and Oregon State University
Marine Mammal Institute
plan to gather data on whale
distributions and populations.
Information collected on
whale sightings will be used
to identify areas and times
when the risk of whale entan-
glements is high.
Warrenton United Methodist Church
Annual
Holiday Bazaar & Luncheon
Saturday, November 3 rd
10 am -2 pm
679 S. Main Avenue  Warrenton
Beautiful crafts, delicious baked goods, White Elephant Sale.
Registered, Licensed Nurses,
Certified Nursing Assistants
Clatsop Care Health and Rehabilitation
has select openings for both Full and
Part-time licensed caregivers.
We are proud to serve the Astoria
community since 1929.
We are located at 646 16th Street in the
original Columbia Memorial Hospital.
We have helped hundreds of our friends,
family and neighbors with age related
challenges. Our TEAM of Professionals
are dedicated and committed in our
mission of care.
November
10
Saturday
4:30 pm
Come by for a tour OR visit our website
for employment details to include paid
healthcare benefits!
Auction Items Including:
Private House Party & Concert with Blind Pilot
646 16th Street, Astoria • 503.325.0313
www.clatsopcare.org
TICKETS AVIABLE AT: LIBERTYASTORIA.ORG/GALA