it , í r r r
Thursday.
■
¿M m to tU &Ü M
We see the world
through Black eyes
. -V
School Board must took additional adviso
The Portland School District has reoched on impost
- its board and staff stating that they want to provide
on effective program for minority business participa
tion, but their lego! counsel saying that is unconstitu
tional.
Some board members soy they must occept the
advice of their attorney — and moke that long wait
until the US. Supreme Court finally mokes a decision
on the constitutionallity of minority preferences. But
this is not a simple matter and the pending Court
consideration of the Bokke case which concerns
admission to professional schools, will not necessar
ily settle the issue of contracts and employment on
federally funded and assisted projects. One only has
to consiaer the 1954 Supreme Court decision on
segregated education and the continuing court
decisions on that matter to realize that the legal
implications will not be settled soon.
Yet we see all around us public agencies who do
proctice a policy of minority set-asides — and their
number is increasing doily. Some of the federal
agencies — for example the Environmental Protec
tion Agency - enforce the minority requirements on
projects they fund and ore not reluctant to withdraw
federal money when they ore not enforced.
The school district has been bound by its legal
counsel's opinion since November 1st. it is unfortun
ate that the district did not make its problem known
to those with whom it was dealing and seek help in
finding a solution.
Stand-offs often occur in labor negotions and in
other similar procedings - Out both sides are kept
aware of the position of the other and channels of
communication are kept open. This is where the
school district foiled. It decided, rather, to keep the
problem from those it effects most, the contractors.
This delay and lack of communication has now
brought the issue to a head — to a point where legal
action may be the only solution although this would
be an unnecessary expense in time and money for
both sides.
We suspect that although the district' attorney,
Mark McClanahan, is a capable attorney and is an
expert m many areas of the law that relate to the
school district — but he is not an expert in civil rights
and affirmative oction law. We suggest that Dr.
Blanchard and the Board of Education seek the
assistance of the expertts in this field and precede to
write a workable plan.
In the meantime, the Educational Center controCt
has been awarded to Donald M. Drake Construction
Company. It would behoove the district to find a way
to insure that Drake uses a fair representation of
minority sub-contractors and employees on this
project. Although Drake probably is giving some
consideration to this, the responsibility for this
requirement should not be left to the contractor
olone. The district has a legal and a moral
responsibility to insure that minorities are utilized in
fair proportion in this mojor building project.
Try the Straub plan
Governor Bob Straub s welfare proposal has much
merit. Many of those involved in the administration
of public assistance have long sought to eliminate
the categories - ADC, Old Age Assistance, Aid to the
Dtsobled, etc.
Eoch of these progroms has its own special
eligibility requirements and assistance levels. Some
persons, who are poor and unemployed, or who are
employed with very low wages, ore not eligible for
any of these programs even though they obviously
need help.
Another aspect of this proposal - a single payment
based on need rather than the multiple resources of
food stamps, medical care, child care, etc. — would
eliminate much of the confusion and the necessity to
make application at many separate offices and
agencies.
A single payment based on need would also
eliminate much of the paper work involved with
payments, supplemental*, overpayments, etc. It
approaches the system used for social security
payments - regular, continuous checks until there is
a change of need.
The area of the proposal that will bring the most
problems is the work requirement. In a period of
high unemployment, people without work skids will
have a difficult time finding work. Many will also be
hard to place in public works projects, because they
also require skills. This area is difficult to police and
there are many social reasons why employment is
not the best plan for some. It is difficult to justify
taking a mother from her children, even if they are
school age, especially if they are experiencing social
or educational problems, just to occept mental
employment.
pion is a step toward a guaranteed minimum
*W o m e - and in that aspect if is worth a try.
Cigarette smoking
by Y eeee
Thirteen years after the first
general's report on the health i
ces of smoking, more than 250,000 Ameri
cans are dying each year from lung
cancer, emphysema, bronchitis or heart
disease caused by cigarette smoking.
People still ask: "Are cigarettes really
dangerous to our health? I f so. what
steps are being taken to require stricter
regulation on cigarettes and by whom?"
According to the Department of
Health. Education and Welfare, the treat
ment of smoking-related diseases adds
over $11.5 billion annually to the national
cost of health care.
Medical evidence has made it increas
ingly clear that the risk of disease from
cigarette smoking increases with the
amount of tar and nicotine a smoker
inhales. I l to. in fact, the presence of tor
and nicotine in cigarette smoke which to
responsible for most of the harmful
effects of smoking.
More than 20,000 Americans will die
this month from diseases caused by
smoking, according to the American
Heart Association.
Over six million
workdays will be lost while 50 billion
more cigarettes go up in smoke. It seems
to me that if we are serious about saving
lives and protecting the health of amok
Editor/Pnbbaher
■■-‘•i?,
Tö tbs Editor:
This fetter » w response to your
Enquiries about the ear* and treatment of
Mr. Bobby Jamison dunag bis incarcora
two at Rocky Butte Jail. You will recall
that you forwarded bis letter of complaint
to ua, and appropriate investigations
were conducted by the Corrections Div
la respect to the November 17. 197«.
inodeat alleging misconduct on the part
of Corrections Officers in removing Mr.
Jt mison from a dormitory at Rocky Butte
Jail, a complete internal investigation
was conducted.
The results of the
investigation revealed that some of Mr.
Jamison's allegations were accurate, and
appropriate disciplinary action was token
against a staff member involved. The
investigation did not, however, suhetan
tiate abuse in the nature or degree
alleged by Mr. Jamison in his original
complaint.
Mr. Jamison's complaint about an
excessive delay in receiving a disciplinary
hearing was also sustained.
Under
existing rules, such bearings are to be
scheduled within 96 hours after the filing
of a misconduct report. That deadline
was not met in the incident involving M r.
Jamison. This occurred for two reasons.
One. be was unavailable because of court
ers and nonsmokers alike, (
be willing to stand up to the
tobacco lobby.
Yea...
dangerous to our health.
Congressman Robert F.
Massachusetts recently i
bills deabng with this issue.
First, the Public Health Cigarette
Smoking Act would act to improve and
the Cigarette Labeling and
; Act of 1965 in several ways.
It would require all cigarette advertise
ments to carry stronger warning labels
than at present. It would require that the
tar and nicotine content in both absolute
and relative terms be printed on every
package and in all advertisements. Fur
thermore. ft eliminates control by state*
of cigarette advertising and labeling and
require» that exported cigarettes carry a
warning label in the language of the
recipient country.
Second, the Federal Nonsmokers Pro
tection Act is the first federal legislation
to protect the rights of nonsmokers.
The issue of Donsmokers' rights has
gained increasing prominence during the
last few years as numerous localities and
more than 30 states have enacted laws to
protect the nonsmoking majority against
sir contaminated by tobacco smoke in
confined public places.
To 34 million Americans with heart
Publishers
Association
substantially beyond the period of delay,
and he was credited with the time in
separation prior to bis bearing.
In respect to your editorial of February
26.1977. you can be assured that no farm
of bruataT behavior is or will bo
condoned in our jails. As you may recall,
my first official act as Chairman of tbo
Board of County Commissioners was to
dose down the "Hole." In addition, a
number of other changes have been
implemented in the Corrections Division
by its Administrator to improve the
conditions at Rocky Butte Jail. I am
enclosing for your information a report of
the Corrections Division that outlines«
those changes and other efforts toward
providing care far those entrusted to our
custody. This report is also available to
any of your readers who wish to review
ft.
On a whole, as your editorial correctly
indicated, our Corrsctoms Officers are
sincere, and perform their job in a proper
manner. To the extent this is not the case
we have in the past, and will continue to
susceptibility to tobacco
involuntary smoking is not just
Third, the Health Protection Cigarette
Tax Act would eat a h iih a graduated
scale e f federal excise tax rates on
cigarettes depending ea ta r and nicotine
content. Each brand of cigarettes will be
taxed with the lowest ta r and nieotine
cigarettes being exempt from the health
protects» tax and the highest ones being
taxed at the highest rates.
The purpose is to encourage a shift in
consumption patterns toward leas harm
ful cigarettes with no net change in total
N e A Í p A p ER
accept our responsibility to take corr
tive action.
Please be assured that your concern
about Reeky Butte Jail is appreciated
Sincerely
Donald E. Clark
Chairman
InMnsitiv«
Dear Sir:
The slave aucticn reported in the
March 11.1977, Oregeuba reveals a most
insensitive and backward condition in
human relations. There must be enough
intelligence in the Gladstone High School
to find a fund raising project that is
associated with worthy aspects of human
dignity. I t to ironical that the President of
the United States to trying to achieve
international respect for human rights
while the Gladstone High School faculty
and students make a mockery of human
suffering. Are students being educated
for life in a real world?
We look to the schools for a measure of
Enlightenment about the historical condi
tioo: mockery of suffering to not enlight
Sincerely
(Mrs.) J. M. Gatee
Blanchard state* his position
To the Editor:
I was shocked to read the article which
appeared at the top of png* 1 in your
issue of March 3.1977. entitled "Contract
ors call school board stall." The article
completely misrepresents the facts and
appears to intend to misrepresent our
efforts to develop a truly effective affirm
ative action plan to promote employment
of B la cks and other minorities an the
construction and renovatioa projects of
the district.
The article refers to a legal opinion by
an attorney far the district which con
cerned the legality e f an August 10.1976,
draft of a proposed plan which would
have involved "set-asides and prefer
ences" for minority contractors
The
moot distrubing passage of your article to
the one that sutes that after Eugene
Jackson of the Northwest Minority Coo-
tractors Association had been told on
October 20.1976. that a legal opinion had
been requested:
"Jackson subsequently received an
other draft of the proposal, dated
November 1.1976, stating in part. T h e
Board of Education has determined
that the following conditions are con
trary to sound public policy for the
expenditure of public funds end materi
ally interfere with the attainment of its
educational goals pertaining to the
equality and dignity of all individuals:
(S) The continuation of a public con
tracting system whereby a dearly
disproportionately low number of its
public contract awards are made to
“ T had no idea that they had decided
the program was illegal.’ Jackson aaid."
«.
In the first place, November 1. 1976,
was the date of the attorney's opinion.
Second, with that opinion tbo attorney
furnished his “D raft NoT dated Novera
her 1.1976, which proposed and endorsed
as legally proper the very language you
have quoted, except the last five words of
your quotation namely, “owned by cer
tain minority individuals." Those five
words have never been a part of any draft
prepared by the district or any of its staff
or any of its attorneys
They ere a
complete fabrication. What the Novem
ber 1.1976. draft had said in the passage
involved wee that ft was contrary to
sound public policy and the goals of the
district for so many awards to be made to
"business enterprises failing to eaapley
certain minority individuals in adequate
proportioos." I t did not refer to busi
nesses "ewned by certain minority in-
• _x | ee
«
(BVMlUaiS.
Please immediately inform me of how
you came by a document that waa so dose
and yet so different in these few words.
As you know, we had declined to furnish
a copy of the legal opinion, the legal
torney’s pr o p osed draft, because the
administration had not finished he evalu
ation of ft. Redrafts to the proponed
policy were being made in order to
further promote the geal qf minority
i district projects end we
yet in a poaftion to make a
to the Board of Educa
tion. C o p ie s of these documents were
refused you under authority of section
192.500 of the Oregon Revised Statutes
which indudes the following
Observer replies
1977. to!
“(21 The
exempt from
192.410 to 192.500:
ORS
“(a) Communications within a public
body or between public bodies of an
advisory nature to the extent that they
cover other than purely factual materials
and are preliminary to any final agency
determination of policy or action. This
exemption shall not apply unless the
public body shows that in the particular
instance the public interest in encourag
ing frank communication between offic
iais and employees of publie bodies
dearly outweighs the public interest in
It was our strong belief that the public
interest in encouraging frank communics-
tioo was best served by not publishing
the opinion until we were prepared to
make a recommendation to the Board of
Education.
For your information, the attorney who
authored the opinion had previously
advised us that he had no personal or
other objection to disclosure of the entire
but left the i
to us in view of our
la view of the fact that you already
have a version of the November 1. 1976.
Draft N o X refusing disclosure would no
longer serve the above purpose.
Your article will not prevent us from
working hard to develop what we hope
will be the best and moet effective, but
legal, plan of affirmative action In this
area. Cooperation, i
by organisations like
•at us in reaching that goal
Very truly yours.
Robert W. Blanchard
Superintendent
Portland Public Schools
r r h . ____ _____ ____ t.
that the
ring that the
1 draft had bee
failing to « apley certain minority inch
viduals" to ' eweed by certain minority
individuals" then you are admitting that
same or previous to November 1, 1976,
the federal govern
the school district has bad no inteutaou of
ment has a d ear responsibility to meet
a minority business enter
plan.
people to atop smoking, provide incen
during that period, from
tives for the use of lees deletnous
November 1 until the present, the North
cigarettes by those who insist on eontin
ern Minority Contractors Association
uing their habit and protect the rights of
(NMCA) had been led to believe that the
the majority of Americans who do not
district was working on a minority
smoke. I don’t suggest that the tobacco
business enterprise program.
industry should be eliminated overnight
To review the chronology:
or that the government should prohibit
1) On October 13. 1976. the NW CA
smoking altogether.
requested in writing a legal opinion from
But at the same time, we can no longer
the district in response to staff comments
turn our becks on the mountain of
about "reverse discrimination".
scientific evidence providing that ag ar
2) On October 20. 1976, M r. Culp wrote
ette smoking is dangerous to health.
the NM CA stating that a legal question
had come up and that Mr. McClanahan's
opinion had been requested. "We are
Is ti
advised and fully expect a full written
opinion from legal counsel before month
ONPA 1973
end for staff assessment and submission
Published every Thursday by Exie Publishing Company. 2201
to the Board of Ed-jeation for prompt
1st Place
North Killings worth. Portland. Oregon 97217. Mailing address:
action."
lest AdReeuRs
P .0. Box 3137. Portland. Oregon 97206 Telephone 283-2466.
3) On November 1, 1976. M r. MrO sna-
ONPA 1973
han's opinion waa written, along with the
Subscriptions: 17.50 per year in the Tn-County area. 66.00 per
November 1 proposal.
Sth Piece
year outside Portland.
4) N M CA waa not informed that Mr.
Best Editorial
McClanahan's opinion was that minority
N NPA 1973
“set asides" are unconstitutional, but the
November 1 draft dealt only with minor
The P ortia»! Observer s official position is expressed only in
ity — p li y m ia *.
k Editorial Award
its Publisher's column (We See The World Through Black Eyes).
5) N M C A was assured that the Novem
NNA 1973
Any other material throughout the paper is the opinion of the
her 1 draft was amended to read "owned
individual w riter or submitter and does not necessarily reflect
by certain minority individuals".
the opinion of the Portlsnd Observer.
6) Although informed that a new draft,
the March 2 draft, would be delivered to
them by March 4. N W M C has not
received this draft to date.
NewYerfc
Apparently, according to your letter of
March 9. the change to the November
draft waa never made official. This raises
Meati«
the question: Was this a case of “bad
O re g o n
faith" or was a subsequent decisioo made
Newspaper
not to make the change, but without
advising the NMCA?
Surely you are aware that there are
I
and. two,
i as part of the Disciplinary Board
away from the facility. It should be
r , that the delay did not
(italics mine)
Portland Observer
A L F R E D L. HENDERSON
Investigation finds jail abusa
The
4
inet issues: 1) the right of minor
nets to particípete hi publically
Ry
projects; and. 2) the right of
minority workers to
pubieally funded projects.
Your November 1 and March 2 propos
als deal with the issue of empleymawt but
no* with arieertty Madness enterprise. I t
woo shocking to rand the statement of
M r. McClanahan that ownership io irrele
vant in this capitalist notion. "Ownership
without employment seems irrelevant to
the "disadvantaged" nought to be ad
dressed." (Please be assured that minor
ity owned firma are not exempt from the
requirement to practice affirmative ac
tion in the employment of mmorities.)
The proposal's definition of "Minority
business enterprise" os a business or
asperete division of a business entity (1)
50 per cent or more of whose executive or
management group or skilled craftsmen
consist of minorty individuals or (2)
whose total personnel consists of at least
20 per cent minority individuals, measur
ed by man hours . . . io incredible. This
definition would include aa minority
enterprise the plantation with its slaves
or teh corporate farm that employs
Chicano farmworkers. Are minorities
fitted to be employees but not employ
ers?
In your letter of March 9. you state
"our efforts to develop a truly effective
affirmative action plan to promote am-
pieymewt of Macks and other minorities
on the construction and renovation pro
ject« of the district." (underscoring mine)
That. D r. Blanchard seems to be the
problem.
The Northwest Minority Ceatrneters
Association has been requesting a minor
ity enterprise program for at least two
years and were assured in October that ft
was jus* a few weeks away. They Ha»»
and yon have not provided evidence to
the contrary, that at no time were they
informed that the goal of a minority
enterprise program had been dropped
and a minority employment program
substituted.
On February 23. Gloria Fisher re
quested of Dr. Kliner the legal opinion
written by M r. McClanahan. D r. Kliner
denied knowledge of the opinion but said
he would inquire and call back the M a t
morning. Nothing was hoard from Dr.
Kliner until ha was called again on March
2. On that date he stated that the district
had docidad not to release the opinion;
that ft was a m emo from aa individual in
M r. MeClanahau's office; that ft waa
hwom pl eto and contained some sugges
tions that the staff was persuing. Asked
why M r. McClanahan considered “set-
asides" to be illegal when they are
practiced by other public agencies, ha
explained that the problem stemmed
from federal laws and regulations apply
ing only to school districts and that these
laws and w y i lHu»» . yTTC hldsd the schuvi
dwtriet’s using rrt asidirt. Ha said ha
believed the staff was «till working
closely with N M C A but when informed
that the NM CA had indicated otherwise,
he aaid be would inquire. A t no time did
he invoke ORS 192.500.
We do not believe you have met the
requirement af ORS 192.500 “Thia ex
emption shall not apply unless the public
body shows that in the particular in
stance the public interest in encouraging
frank communication between offieals
and employees of public >^dies clearly
outweighs the public interest of dis
clousure." Since we had already acquired
the material we had requested, we did
not push the issue.
Having acquired the material, we
found no mention of federal regulations
or laws applying specifically to school
districts. Neither is this an "unfinished"
memo, but ft clearly delineates M r.
McClanahan's opinion that set-asides are
unconstitutional and that the school dis
trict must limit its plan to employment.
Having obtained the material and
found the information provided to ua by
the district to be misleading or inaccu
rate. the dacMfon as to whether the pubUe
was beat served by secrecy or disclosure
became ours. W e believe we "»»4. g *
correct dedsfoa.
We believe the Board of Education is
concerned with justice and equality and
now that thia problem has been brought
before them, they will work hard to adopt
an effective and equftabfo program.
Please be assured that our goal is not
to misrepresent your efforts but to help
you enhance them. We wish you every
suocoss.
Very truly yours,
Alfred f