The daily Astorian. (Astoria, Or.) 1961-current, August 13, 2020, Page 19, Image 19

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THE ASTORIAN • THURSDAY, AUGUST 13, 2020
Lawmakers act on police reform, unemployment
By DIRK VANDERHART
and LAUREN DAKE
Oregon Public Broadcasting
Oregon lawmakers pow-
ered through a one-day spe-
cial session Monday, clos-
ing a billion-dollar budget
hole and passing bills to help
unemployed workers and cur-
tail police abuses.
Amid bipartisan concerns
over a rushed process and
uncommonly pointed shots
between Senate Republi-
cans and Gov. Kate Brown,
lawmakers passed 11 bills in
about 15 hours. The public
was not allowed into the Cap-
itol due to coronavirus con-
cerns, and lawmakers only
accepted written testimony
on the bills — including sev-
eral that had never been given
a public hearing.
“When you’re in a crisis
that we’re all in right now,
sometimes you have to take
actions that you normally
wouldn’t take,” said Sen-
ate President Peter Courtney,
D-Salem, addressing con-
cerns over a lack of public
involvement. “You’ve got to
move.”
The session — the second
time Brown has called law-
makers in for extracurricu-
lar work in as many months
— was primarily focused on
trimming a $1.2 billion hole
in the current two-year bud-
get. And although lawmak-
ers moved swiftly, the pro-
ceedings weren’t without
controversy.
As the afternoon wore on,
Courtney warned that law-
makers were “grumpy and
they are getting grumpier.”
It turned out he was right.
Shortly after state sena-
tors took to the fl oor to cast
their votes, the conversation
quickly turned political when
Senate Minority Leader Fred
Girod criticized the governor
for a statement she sent out
blaming Republicans for kill-
ing one of her favored bills.
That proposal, Senate Bill
1702, would have helped
thousands of school employ-
ees more quickly access
unemployment benefi ts. But
it died in committee when a
three-person bloc, including
a key Democrat, refused to
support it.
“We just got blasted by the
governor,” said Girod, R-Ly-
ons, noting that two Repub-
licans and one Democrat had
killed the bill. “My conclu-
sion is the number of Repub-
licans equals the IQ of the
governor.”
Shortly after those com-
ments, state Sen. Herman
Baertschiger, R-Grants Pass,
castigated Portland-area law-
makers for not criticizing the
vandalism that has come with
the nightly protests in the city.
That led to a tense back-and-
forth that ended when Court-
ney threatened to adjourn.
The session’s central focal
point, balancing the state bud-
get, was never in doubt. Law-
makers in both parties had
been clamoring for weeks to
deal with the defi cit created
by the coronavirus pandemic.
But it became clear over
the weekend that leading
Democrats would put for-
ward other bills over Republi-
can objections that the session
be limited to budget matters.
As a result, GOP legisla-
tors wasted no opportunity to
condemn what they said was
an overall lack of transpar-
ency of the process. Several
lawmakers weren’t even sure
what policy proposals would
be considered until Mon-
day morning. House Speaker
Tina Kotek, D-Portland, sur-
prised some again when she
announced the public would
not have a chance to offer ver-
bal testimony.
As lawmakers discussed
the approximate $400 mil-
lion in cuts and administrative
savings they had identifi ed to
help close the budget gap,
House Republican Leader
Christine Drazan, R-Canby,
said legislators’ should have
found a way to better involve
the public.
“These cuts impact pro-
grams that matter to people
and as we go through this
process … It’s very important
to have the context of public
input,” she said.
Girod echoed the senti-
ment later in the hearing.
“The process just abso-
lutely smells,” he said, point-
Brian Hayes/Statesman Journal
State Sen. Betsy Johnson, D-Scappoose, listens during the second special session of the
Oregon Legislature at the Oregon State Capitol in Salem on Monday.
ing to state policies that allow
people in many counties to
patronize restaurants or bars.
“There’s no reason why we
can’t have the public in these
meetings.”
Lawmakers managed to
largely preserve recent invest-
ments made to the state’s pub-
lic school system. By tapping
into a $400 million state edu-
cation reserve fund, they
managed to keep a $9 billion
fund for schools intact.
Lawmakers also held
off closing two state pris-
ons, which at one point was
discussed.
And although many
agreed the budget managed
to stave off draconian cuts,
some felt it hit certain pro-
grams too hard. Sen. Mark
Hass, D-Beaverton, voted
against the budget because
he felt it disproportionately
harmed a fund that helps Ore-
gon high school graduates
pay for community college.
support from lawmakers in a
legislative committee Mon-
day, but many became con-
cerned by an estimate that
the change could take nearly
300 hours to program into
the state’s infl exible and
problem-plagued computer
system.
David Gerstenfeld, act-
ing director of the Oregon
Employment Department,
told lawmakers that change
could detract from other pri-
orities, as the agency scram-
bles to modify its computer
program. Gerstenfeld added
that the agency would priori-
tize any other coding projects
that would result in a greater
number of people receiving
benefi ts. As a result, he could
not say when the change
might be complete.
“We certainly feel the
pressure and are doing every-
thing we can to get every-
thing implemented,” Ger-
stenfeld said.
‘I STILL CANNOT GET PAST
THE NOTION THAT THIS CREATES
AN ADDED BENEFIT FOR A
CERTAIN CLASS AND GETS THEM
PASSED THROUGH FASTER.’
State Sen. Betsy Johnson, D-Scappoose
Non-budget bills put for-
ward by Democrats created
more opportunity for con-
troversy. Though most leg-
islative leaders — includ-
ing Courtney — insisted last
week the session should not
include unrelated policy bills,
negotiations over the week-
end resulted in fi ve nota-
ble proposals being brought
forward.
Three of the bills aimed
to help unemployed work-
ers, many of whom have seen
their weekly benefi t checks
delayed for weeks or months.
Just two of the proposals
wound up passing.
The fi rst bill, SB 1701,
will allow unemployed work-
ers to make up to $300 a
week and still qualify for full
unemployment benefi ts.
That proposal, suggested
by Labor Commissioner Val
Hoyle, more than doubles
the amount part-time work-
ers can earn without losing
benefi ts. It had strong back-
ing from the state’s restau-
rant and hotel owners, who
say they’re not able to offer
workers full hours, and worry
too-little pay will prevent
employees from returning.
The concept saw broad
Lawmakers also passed
SB 1703, which allows the
state’s Department of Rev-
enue to share informa-
tion about self-employment
income with the Employ-
ment Department. The tweak
is intended to help employ-
ment offi cials verify claims
under the federal Pandemic
Unemployment Assistance
program.
But Democratic leaders
could not muster support for
a third bill that was crafted to
help some school employees
to more easily access benefi ts.
Senate Bill 1702 would
have relieved the Employ-
ment Department from
needing to determine, on a
case-by-case basis, whether
those employees were likely
to have their normal jobs
resume at the end of the sum-
mer break, a factor which
typically disqualifi es them
from payments.
The bill ran into a crucial
skeptic in state Sen. Betsy
Johnson,
D-Scappoose,
who said she understood the
logic of the bill, but wor-
ried it would create negative
perceptions.
“I still cannot get past the
notion that this creates an
added benefi t for a certain
class and gets them passed
through faster,” Johnson said.
Johnson joined the two
Republican senators on the
committee in opposing the
bill. That meant a major-
ity of senators on the com-
mittee were against the mea-
sure, dooming its chance of
advancing.
Lawmakers found far
more common ground in a
bill that limits the use of force
by police.
That bill, House Bill 4301,
was the product of weeks of
work by a legislative com-
mittee convened in late June.
The bill further tightens the
rules around chokeholds set
during a special session in
June. Under the new bill,
police are prohibited from
using the holds except for
instances when they are try-
ing to defend themselves or
another person.
The bill also folded in new
rules for when police can
use physical force — which
under Oregon law includes
the use of pepper spray or a
stun gun — or deadly phys-
ical force. In order to deploy
deadly physical force under
the new rules, police must
believe a person “poses an
imminent threat of death or
serious physical injury” and
that such force is necessary
to make an arrest, prevent
escape, or to defend the offi -
cer or another person. The bill
similarly limits when an offi -
cer may use physical force to
situations where they believe
an injury is imminent, or to
make an arrest or prevent
escape.
In any case of using force,
police would be required to
consider alternatives and give
a warning if they have “a rea-
sonable opportunity to do
so.”
The bill had support from
sheriffs, police chiefs, and
the Oregon State Police. But
it drew criticism from some
Republicans, who depicted it
as a rushed fi x of a chokehold
policy lawmakers passed in
June. Girod provoked a pas-
sionate response in the Sen-
ate when he announced that
he was voting against the bill
“to fi re a shot across the bow
that, for now, this is enough”
bills on policing.
Sens. Lew Frederick,
D-Portland, and James Man-
ning Jr., D-Eugene, who are
both Black, replied that it
would not be the last bill the
Legislature takes up in the
coming months.
“I hear people saying,
‘Too much, enough,‘” Man-
ning said. “People like me
have been saying ‘too much,
enough’ for years. Some peo-
ple don’t have the ability to
say, ‘Too much, enough.’”
Lawmakers also made
several notable changes to
the Legislature’s rules for
dealing with harassment. As
Oregon Public Broadcast-
ing has reported, the current
rules contain holes that give
harassment victims little say
in whether their experiences
are dredged up in a public
hearing.
Among a long list of
changes, lawmakers decided
to give such “impacted par-
ties” a say in whether their
cases move forward to a pub-
lic hearing, or are resolved
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another way. The bill also
ensures lawmakers and other
offi cials are not required
to self-report allegations
against them — a provision
that appears tied to a case in
which state Sen. Sara Gelser,
D-Corvallis, said she was
forced to report complaints
about her from a staffer.
“This is what we’ve deter-
mined … is a very large void
that we need to start open-
ing up to further discussions,
to put a foundation in place,”
Sen. Floyd Prozanski, D-Eu-
gene, said of the resolution.
“That’s what this would do.”
But the proposal drew
concerns from lawmak-
ers on both sides of the aisle
who said people accused
of wrongdoing are not ade-
quately protected under Capi-
tol policies.
“I’m still very uncom-
fortable with a process that,
while
well-intentioned,
still can amount to a public
lynching,’ said Rep. Janelle
Bynum. D-Clackamas. “I
remain unsatisfi ed with the
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