Portland observer., April 19, 1979, Image 1

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U n lv a ra lty o f Oregon L ib ra ry
lu gene, Oregon 97403
Persistence pays.' Owens wins 1974 civil riohts claim
Ernest Owens has * won
$6,000
° " ' a. .S6;000
out of court settlement in his five
year-old civil rights case against
Portland Willamette Company.
Owens first filed a complaint with
the State Bureau of Labor in 1974
when he was terminated while o ff
work due to an injury. The Labor
Bureau investigation found evidence
of racial discrimination and advised
him to
,o file
f ',c a
• discrimination
discrimination com­
com-
him
plaint which he did in 1975.
In 1976 the company agreed to
conciliiation o f the first complaint.
Ower asked for return o f his job,
back pay and benefits, and work that
would fit his doctor's restrictions.
All were agreed to except back wages
and that was to be concilliated after
he returned to work.
Rather than continue negotiations,
the Civil Rights Division set his case
the Civil Rights Division set his case
back for re-investigation. The second
complaint had not been investigated.
A fter returning to work Owens
alleged he was transferred to heavy
w ork, harassed, disciplined for
m inor infractions and separated
from other employees. During this
period he participated in the success­
ful organization of a union.
In January o f 1977, Owens filed a
m m n i.m i
u.
complaint charging retaliation. He
had been suspended for taking time
o ff to respond to a court subpeonea,
and was later fired. The retaliation
com plaint and the original civil
rights complaint were investigated by
the Civil Rights Division that sum­
mer. Evidence of discrimination was
found.
H owever, Owens was tired o f
waiting for the State to act so he filed
___ »
.................
a suit. Portland Willamette settled
last month and after four years of
waiting for justice, Owens was paid
$6,000.
A student at Lewis and Clark Law
School and juvenile counselor,
Owens wants to let others know that
tenacity pays. M any people who
have suffered discrimination do not
file complaints because the system is
PORTLAND OBSERVER
slow to act and they have no faith
that their case will ever be resolved.
“ I proved it can be done: I didn't
give up. I want everybody to know
that if you fight long enough and
hard enough you will win.”
Owens looks forward to working
for the State Attorney General. “ J
want to be on the other side — prose­
cuting civil rights cases and making
sure employers obey the laws.”
Volume 9 No. 16
Thursday, April 19,1979109
USPS 969-680
Ugandan exile begins new life of service
by Katherine H. Bogle
A modern day story, a thriller in
adventure and escape, a revelation of
faith and love and triumph, with its
beginnings in Uganda and played out
before the world during the Christian
observance o f Easter week, will be
brought closer and more intimately
to Portland by one who was
‘ ‘there.”
The Rt. Reverend Festo Kiven-
gere, until last week a refugee bishop
of the Anglican Diocese o f Kigezi,
Uganda is expected to return today
from a quick trip to Uganda as this
goes to press.
The bishop made the hasty trip to
Uganda to touch the ground o f his
homeland again after a long exile.
He wanted to quickly erase the desig­
nation o f “ refugee” from his status,
a measure and action acquired
through necessity during the regime
of Idi Amin. That regime, toppled
only a few days ago, is no longer
equipped to deal wholesale death to
dissenters. Kivengere is now free to
conduct his ministry as he can in the
roiling wake of destruction left from
battles won and lost in this land.
Slated months ago to conduct a
“ renewal and evangelism” mission
for the Diocese o f Oregon during
April I8th-22nd, Bishop Festo is de­
scribed by the Oregon Episcopal
Churchman as “ one of the outstand­
ing evangelists and Christian leaders
of the world.” He will be welcomed
officially to Oregon by the Rt. Rev-
erend Mathew Bigliardi, Bishop of
the Diocese Episcopal of Oregon.
Festo Kivengere became a refugee
from Uganda in February, 1977,
following the murder o f Archbishop
Luwum. Kivengere, Luwum, and
other bishops of the Anglican Church
in Uganda, had made a forthright
protest to President Idi Amin con­
cerning human rights. Luwum was
arrested and martyred.
Kivengere and his wife escaped af­
ter an official report of his death had
been circulated.
During the past two years since he
became a refugee from Idi Amin's
mindless persecution, Kivengere
has been working to find sponsors
and schools or employment, for hun-
(Please turn to Page 6 Column 1)
FESTO KIVENGERE
Dekum Court close to playground recovery
by Claudia Fisher
DONNIE ADAIR
Adair joins Emanuel staff
by Ullysses Tucker. Jr.
“ When 1 left high school 1 was just
the average brother as far as acade­
mics were concerned,” said Donnie
Adair, Affirmative Action Specialist
for Emanuel Hospital
The 1968 graduate o f Jefferson
High said, “ I had no general direc­
tion except towards college.” Adair
later matriculated at Lane College,
and the University of Oregon before
taking a job with a tobacco company
in 1972.
“ After awhile I became tired of
promoting cancer sticks, so I began
to look for other alternatives,” he
said. Around that time, Adair came
across the likes of Lee Moore, o f the
State Bureau o f Labor, Civil Rights
Division.
“ He gave me some information to
study regarding the law to mix with
my natural intelligence, and commu­
nity involvement experience,” he
said.
After becoming familiar with the
rules and regulations of the system,
A d air took a job with the C ivil
Rights Division in 1974 where he
worked until he was hired by Geor­
gia-Pacific in 1977 as an Equal Op­
portunity Specialist.
While at Georgia-Pacific, Adair
gained a great deal o f experience tra­
veling, and he also had the chance to
view other affirm ative action pro­
grams around the United States.
When Georgia-Pacific decided to
move its Portland office to Atlanta,
A d air promptly took the pos, at
(Please turn to page 2 col. 4)
C o n c o r d ia
C o m m u n it y
Association and the Dekum Court
tenants at the 40 unity Housing
A u th o rity o f Portland northeast
project are continuing to inch toward
success in retaining play and recrea­
tion space. Their new partner in the
effort is the City, through the Office
o f Planning and Development
(O PD ) and the Mayor’s Office.
Follow ing H A P ’s sale o f tbe~>
property to developer J. W . Brayson
Builder, Inc., tenants and the neigh­
borhood began meetings and
protests when it was learned that the
fiat land (about two acres) currently
used as a playground and recreation
area was to be replaced with houses,
walling in Dekum Court on both
sides.
Mayor Neil Goldschmidt visited
the site last fall with City staff and
neighborhood representatiaves and
came away convinced that more area
than H A P had allowed should
lemain in open space. City planners
have since said that later visits to the
site and talks with residents were
“ enlightening” .
In December, Mayor Goldschmidt
me, with H A P Board Chairman Fred
Rosenbaum. The result was that
soon the H A P Board agreed to the
neighborhood proposal that the City
repurchashing some of the property
using Housing and Community De­
velopment (H C D ) funds and then
deed it back to H A P , who would
maintain it.
Tuesday, A p ril 17th, Dekum
C ourt Tenant manager and new
Concordia Community Association
Executive Board member Carolyn
Palmer, tenant organization member
Randi Rodvik, and neighborhood
association representatives met with
O P D planner Chuck Olsen. He
stated that developer Brayson has
agreed, as he had previously in­
dicated, to sell back some or all of
that portion o f the property in
question (approximately two o f the
eight acres sold). The property was
sold at $40,000 per acre las, year.
The asking price now is $80,000 per
acre due to time, maintenance,
engineering andother cost and to in­
creased market value.
Since the C ity only set aside
$80,000 in H C D funds and repur­
chasing might cost $160,000,
negotiations have begun. Repurchase
o f varying portions of the property
was discussed Tuesday evening.
Follow ing an independent ap­
praisal o f the value o f differing por­
tions, it is hoped that an area size
agreeable to all can be repurchased.
The neighborhood also requested
that the O PD proposal, which must
go before City Council for approval,
include sufficient funds in the total
budget to provide for adequate
recreational equipment. The neigh­
borhood has contacted the Com ­
munity Design Center, a non-profit
C E T A funded organization, about
working with tenants and other
neighborhood residents in designing
a playground.
Tenant and neighborhood concern
was expressed about the potential
loss o f privacy for tenants and future
home owners if houses are backed up
to Dekum C ourt units. It was
decided that should some o f the
property adjacent to the units be
developed, the neighborhood would
work to assure siting o f the houses in
a manner acceptable to tenants.
It appears that an alarmed par­
ticipation process which began with
less than trust and friendship be­
tween those involved could result, in
addition To retention o f monr^pace
for children to play, in closer ties and
“ less space” between tenants and
surrounding neighborhood residents
and among the neighborhood, the
developer, and the City.
Workshop planned
The National Citizen Participation
Council is sponsoring a three-day
workishop, jointly sponsored by the
Department of Housing and Urban
Development (H U D ) and the Depar­
tment o f Energy (D O E) Office o f
Consumer Affairs. The emphasis of
the workshop is on training, technic­
al assistance and dissemination o f in­
formation on H U D ’s Community
Development Block Grant Program
and energy programs.
The meetings will be held April 19,
20 and 21, from 9:00 am. until 4:00
p.m., at the Airport Holliday Inn.
There is no charge.
Court, House study grand jury proceedure
The Oregon Supreme Court has
stopped the M ultnom ah County
Grand Jury investigation o f the
murder of Wilber, T. Menefee pend­
ing a decision on the recording and
making available to the defense at­
torney of grand jury testimony. John
Drew has been charged with shooting
Menefee following an argument.
If found guilty of murder, Drew
would face the death penalty. Drew’s
case had been scheduled to go to the
grand jury on April 6th, but was
positioned while his attorney, Jeff
Rogers, attempted to get a court or­
der requiring that the proceedings be
recorded and released to him. Circuit
C ourt Judge Irving S,einbock
refused to grant Rogers’ motion for
a recording, so Rogers has appealed
to the State Supreme Court.
The Supreme Court delayed the
grand jury preceeding until April
23rd. Rogers alleges that the denial
of the defendant’s right to a record
of the testimony is a denial o f his
right to due process. District Attor­
ney Harl Haas opposes the record­
ing.
The legal controversy came at a
time when the House Judiciary
Committee is considering HB2860,
introduced by Representative Wally
Priestley, HB2860 would allow wit­
nesses before the Grand Jury to have
attorneys with them and, if amend­
ed. require that the testimony be re­
corded and made available to the de­
fense attorney.
Under current practice, the wit­
ness cannot have an attorney pre­
sent in the Grand Jury room. The
prosecuting attorney presents evi­
dence, along with testimony to the
Grand Jury, which then determines
whether there is evidence to indie,
an individual and bring them to trial
for a crime. There also is no judge
present, so it is left to the prosecu­
tors integrity to protect the rights of
the witness.
The right to legal assistance pro­
tects the accused in every step o f
criminal proceedings except before
the Grand Jury. There, he is
questioned by the District Attorney,
and forced to give testimony that can
be used against him. The average
person has no way o f knowing —
without an attorney’s aid — wha,
questions to answer or what infor­
mation to offer. Anything he says is
legally binding and if he changes his
testimony during the subsequent
trial his testimony can be used by the
jury. Such counsel shall be allowed
prosecutor for impeachment o f all
to be present in the grand jury room
comments o f the prosecutor, the
only during the questioning of the
questioning and testimony.
witness and shall be allowed to ad­
The witness can have an attorney
vise the witness. Such counsel shall
outside, and ask to go out and con­
not be permitted to address the grand
sult him, but that process is
jurors or otherwise take par, in the
inadequate. Also, appeals courts
proceedings before the grand ju ry.”
have determined that the fact that a
The ABA endorses recording all
witness left the room to speak to an
grand jury proceedings, except the
attorney can be used against him in a
grand juries deliberations and votes.
perjury charge and that the number
These include: the change by the im­
of times he is excused can be limited.
panelling judge, comments o f any
Under Oregon law, the Grand
jurists,
Jury testimony can be recorded but
Eldon Rosenthal, a practicing at­
that determination is made by the
torney, testified before the House
District Attorney and the record is
Judicial Committee last week that
not available to the defense attorney.
the role of the grand jury is to deter­
The defense attorney has no way of
mine whether the charge against the
knowing
whether
witnesses’
defendant is well founded and to
testimony has changed, wha, infor­
stand between him and a false ac­
mation was given, or whether the
cusation, no, to provide a rubber
District Attorney failed to disclose
stamp for the prosecutor. He said
in fo rm atio n that could disprove
that although the ABA code of ethics
guilt.
requires that any evidence that might
f he American Bar Association en­
prove innocence be revealed to the
dorses both reform s. The ABA
grand jury, and then to the defense
adopted in 1975 and reaffirmed in
counsel, there is no way to insure
1977 a policy that “ a witness before
tha, this happens.
the grand jury shall have the right to
He is in favor o f allowing the
be accompanied by counsel in his or
defendant to have an attorney
her appearance before the grand
(Please turn to Page 10Column I)
Kenny Luckett, twelve. of BinnsmMd Middla School, at racant Ora
flon va. Waahington Dunk King competition. Boya and girla, agaa aavan
to ••yantaan. will compata In tha Northern Oregon Lowered Hoop
Dunking Champlonahlpa at Pal Boya Club, April 28th. (Plaaaa aaa Peoa
10 Column 1 for story.)
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