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About East Oregonian : E.O. (Pendleton, OR) 1888-current | View Entire Issue (June 24, 2016)
NORTHWEST East Oregonian Page 2A Friday, June 24, 2016 Ed board puts lead, radon testing rules on fast track adoption Aug. 17. A public hearing on the proposal is scheduled for Aug. 2. The requirement will entail additional costs to schools and the Oregon Department of Education. The Legislative Fiscal Ofice is working on an estimate on what those costs will be. Legislative leadership has asked the Emergency Board to allocate money to pay for it. Brown in April directed the Oregon Department of Education and Oregon Health Authority to review existing requirements for environmental testing and address the problem of lead in drinking water. During the review, health and education oficials learned that By PARIS ACHEN Capital Bureau The Oregon Board of Education is fast-tracking adoption of a new rule that requires schools to test for lead and radon and report those results to the public. The rule came on the heels of a scandal in Portland Public Schools over lead in drinking water that went unreported, and a directive by Gov. Kate Brown. “I think an additional layer of checks and balances when we are talking about student safety so I think this will make parents feel much better,” said Board Chair- woman Miranda Summer. The board heard a irst reading of the rule Thursday and plans PORTLAND (AP) — A federal prosecutor revealed in a court document that the investigation of FBI agents involved in the trafic stop that led to the killing of Oregon standoff spokesman Robert “LaVoy” Finicum is before a grand jury. Attorneys for the defendants accused of taking part in the Ammon Bundy-led takeover of a national wildlife refuge in Oregon have been seeking records from the investigation into the FBI’s use of force in the Finicum shooting and whether there was a cover-up. In a motion to keep reports sealed, Assistant U.S. Attorney Charles Gorder wrote Thursday that matters before a grand jury are protected from disclosure rules. Oregon State Police troopers ired the rounds that killed Finicum during the Jan. 26 confrontation on a remote road, and the shooting was deemed to be justiied. Investigators, however, discovered FBI agents failed to disclose they ired two rounds that missed Finicum. Malheur refuge occupier Wesley Kjar pleads guilty PORTLAND (AP) — A Salt Lake City man who briely served as Ammon Bundy’s bodyguard during the armed takeover of a national wildlife refuge pleaded guilty Thursday in Portland. Wesley Kjar, 32, admitted to U.S. District Court Judge Anna J. Brown that he took part in a conspiracy to prevent Interior Department employees from doing their jobs at the Malheur National Wildlife Refuge in sparsely populated Eastern Oregon. Though he described the action as an “armed political protest against federal power,” a charge of irearms possession in a federal facility was dismissed in a plea agreement with government prosecutors. Assistant U.S. Attorney Craig Gabriel said the government will recommend a sentence of six months home detention when Kjar receives his punishment Oct. 28. Kjar relinquished his claim to irearms and ammunition seized by authorities. Kjar arrived at the refuge Jan. 4, a couple days after Bundy and others took it over while protesting the federal control of Western lands and the imprisonment of two Oregon ranchers convicted of setting ires. Kjar provided armed personal security for Bundy until he left the refuge Jan. 9. He returned to Utah, where he approached members of the Church of Jesus Christ of Latter-day Saints about inding a way to end the dispute peacefully. The occupation dragged on for weeks before the last holdouts surrendered Feb. 11. Kjar is the ifth member of the occupation to plead guilty in the case. Most of the other 21 defendants, including Bundy, are scheduled to go on trial in September. Oregon’s legal tab to outside law irms has passed $10 million in the battle with Oracle over who is to blame for the $300 million Cover Oregon website debacle. The already staggering tab eventually could run far more than that, since there are still six months before the trial in Marion County Circuit Court is scheduled to begin, and there could be appeals after that. But while Oregon and Oracle publicly accuse each other of incompetence and misrepresenta- tions, they quietly have resumed settlement talks in search of a peaceful resolution. Oregon is using a special settlement lawyer, who has billed the state nearly $250,000 in the past two years. “We continue to talk regularly in good faith about all kinds of settle- ment ideas with the state,” wrote Oracle Senior Vice President Ken Glueck in an email. The state’s suit for more than $6 billion, as well as the project’s total failure, have drawn national atten- tion. The website was never publicly unveiled, creating headaches for tens of thousands of Oregonians who sought to enroll in new health insurance offerings under the Affordable Care Act, also known as Obamacare. Oregonians faced delays, errors or had their applica- tions lost entirely as the state tried to manually process their applications. 211 S.E. Byers Ave., Pendleton 541-276-2211 333 E. Main St., Hermiston 541-567-6211 Ofice hours: Monday through Friday, 8 a.m. to 5 p.m. Closed major holidays To subscribe, call 1-800-522-0255 or go online to www.eastoregonian.com and click on ‘Subscribe’ East Oregonian (USPS 164-980) is published daily except Sunday, Monday and Dec. 25, by the EO Media Group, 211 S.E. Byers Ave. Pendleton, OR 97801. Periodicals postage paid at Pendleton, OR. Postmaster: send address changes to East Oregonian, 211 S.E. Byers Ave. Pendleton, OR 97801. Single copy price: $1 Tuesday through Friday, $1.50 Saturday Copyright © 2016, EO Media Group REGIONAL CITIES Forecast SATURDAY TODAY SUNDAY Variably cloudy with a shower Sunshine; pleasant and warmer 71° 48° 81° 51° Sunshine MONDAY Hot with sunshine Mostly sunny and very hot PENDLETON TEMPERATURE FORECAST 90° 55° 94° 63° 95° 62° HERMISTON TEMPERATURE FORECAST 76° 48° 85° 52° PENDLETON through 3 p.m. yesterday TEMPERATURE HIGH LOW 76° 81° 102° (1992) 58° 54° 40° (1920) PRECIPITATION 24 hours ending 3 p.m. Month to date Normal month to date Year to date Last year to date Normal year to date 0.00" 0.91" 0.97" 6.50" 4.99" 7.52" HERMISTON through 3 p.m. yesterday TEMPERATURE Yesterday Normals Records HIGH LOW 83° 82° 106° (1958) 63° 55° 40° (2009) PRECIPITATION 24 hours ending 3 p.m. Month to date Normal month to date Year to date Last year to date Normal year to date 0.00" 0.41" 0.49" 4.64" 3.14" 5.63" SUN AND MOON Sunrise today Sunset tonight Moonrise today Moonset today Last New June 27 July 4 5:07 a.m. 8:49 p.m. 11:36 p.m. 9:38 a.m. First Full July 11 99° 64° 99° 61° Seattle 66/54 ALMANAC Yesterday Normals Records 95° 57° July 19 Today TUESDAY Spokane Wenatchee 62/48 71/53 Tacoma Moses 65/50 Lake Pullman Aberdeen Olympia Yakima 73/48 63/45 62/51 65/48 75/46 Longview Kennewick Walla Walla 64/50 72/53 Lewiston 77/49 Astoria 69/51 65/52 Portland Enterprise Hermiston 68/53 Pendleton 61/40 The Dalles 76/48 71/48 73/51 La Grande Salem 66/38 72/51 Albany Corvallis 70/49 72/48 John Day 68/41 Ontario Eugene Bend 77/46 72/47 66/37 Caldwell Burns 74/45 69/34 Astoria Baker City Bend Brookings Burns Enterprise Eugene Heppner Hermiston John Day Klamath Falls La Grande Meacham Medford Newport North Bend Ontario Pasco Pendleton Portland Redmond Salem Spokane Ukiah Vancouver Walla Walla Yakima Hi 65 64 66 67 69 61 72 68 76 68 72 66 62 78 62 66 77 77 71 68 69 72 62 63 66 72 75 Lo 52 35 37 52 34 40 47 44 48 41 41 38 37 52 48 51 46 49 48 53 37 51 48 36 51 53 46 W sh c s pc pc c pc pc pc c s c c s sh pc pc pc c sh s sh c c sh c pc Hi 70 76 79 70 79 74 82 80 85 82 83 77 74 90 65 68 83 84 81 78 81 81 74 75 78 81 84 Today Beijing Hong Kong Jerusalem London Mexico City Moscow Paris Rome Seoul Sydney Tokyo Lo 66 81 72 54 57 61 59 68 64 45 73 W s t s pc t pc pc s r pc r Lo 52 40 44 53 42 46 51 50 52 48 47 47 42 57 50 53 51 52 51 58 44 55 52 43 56 55 52 W pc s s s s s s s s s s s s s s s s s s s s s s s s s s Sat. Hi 98 93 90 66 73 79 68 88 78 60 81 (in mph) Klamath Falls 72/41 Boardman Pendleton Lo 67 84 71 54 58 66 53 66 65 45 70 W s pc s t t pc sh pc s s sh REGIONAL FORECAST Coastal Oregon: Cloudy this morning, then some sun this afternoon; a couple of show- ers across the north. Eastern and Central Oregon: Cooler today; mostly cloudy across the north. Sunshine near the Cascades. Western Washington: Variable clouds today with a couple of showers. Partly cloudy tonight. Eastern Washington: A couple of showers today; only during the morning in the north. Cascades: A couple of showers today; clouds giving way to sun in the south. Northern California: Clouds, then sun at the coast today; sunny elsewhere. Today Saturday WSW 12-25 WSW 15-25 SW 3-6 W 4-8 UV INDEX TODAY Shown is today’s weather. Temperatures are today’s highs and tonight’s lows. 1 4 6 6 4 COMMERCIAL PRINTING Production Manager: Mike Jensen 541-215-0824 • mjensen@eastoregonian.com Shown are noon positions of weather systems and precipitation. Temperature bands are highs for the day. WINDS Medford 78/52 NEWS • To submit news tips and press releases: • call 541-966-0818 • fax 541-276-8314 • email news@eastoregonian.com • To submit community events, calendar items and Your EO News: email community@eastoregonian.com or call Tammy Malgesini at 541-564-4539 or Renee Struthers in at 541-966-0818. • To submit engagements, weddings and anniversaries: email rstruthers@eastoregonian.com or visit www.eastoregonian. com/community/announcements • To submit a Letter to the Editor: mail to Managing Editor Daniel Wattenburger, 211 S.E. Byers Ave. Pendleton, OR 97801 or email editor@eastoregonian.com. • To submit sports or outdoors information or tips: 541-966-0838 • sports@eastoregonian.com NATIONAL WEATHER TODAY Sat. 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If you notice a mistake in the paper, please call 541-966-0818. ADVERTISING Advertising Director: Jennine Perkinson 541-278-2683 • jperkinson@eastoregonian.com Didn’t receive your paper? Call 1-800-522-0255 before noon Tuesday through Friday or before 10 a.m. Saturday for same-day redelivery says David Friedman, a Willamette University law professor who is tracking the case. But, he adds, “There may be a break point right now where the state realizes it’s going to get a lot more expensive.” 2. Attorney General Ellen Rosen- blum and Gov. Kate Brown may not be on the same page when it comes to settling Oracle has iled a separate lawsuit that amounts to the legal equivalent of a tricky bank shot. It claims aides to Brown reached an oral agreement to settle the state’s racketeering case for $25 million, only to have the deal not go through. The lawsuit attempts to enforce the alleged deal, which would make the entire legal fracas go away. Rosenblum maintains that only she has the authority to fully settle the case, since she iled it and is an independently elected oficial. Brown has denied settling the case. Oracle’s suit is pending, but the allegations it presents suggest that Brown, who is now running to ill the inal two years of former Gov. John Kitzhaber’s term, was far more eager to settle the case than Rosen- blum is. And that dynamic has likely not changed much, observers say. Oracle was paid $240 million for products and programming the state says were low-quality and unworkable. Here are three things to know as the two sides talk. 1. The primary case is entering a crucial stage On June 17, Oracle’s lawyers went to Marion County Circuit Court in an effort to essentially knock the heart out of Oregon’s case accusing Oracle of racketeering and fraud. The company’s lawyers argued two motions that question whether the state has a valid legal foundation for its suit. Next month, the state will go to the same court for permission to amend the suit to claim punitive damages— meaning far more money — for what it says was egre- gious misconduct by the company. At this point, neither side has a good understanding of the risks and probabilities as they head into trial scheduled for January 2017. Until Marion County Circuit Judge Courtland Geyer settles those issues and some inal questions around the evidence to be presented in court, it’s possible neither side will be ready to settle. That, at least, is the usual pattern, By NICK BUDNICK Capital Bureau Subscriber services: For home delivery, vacation stops or delivery concerns: 1-800-522-0255 — Founded Oct. 16, 1875 — of the districts have either completed or are in the process of testing, Nazarov said. The agencies recom- mend that schools identify sources of lead, stop access, communicate results to staff, students, parents and the community and mitigate and repair the problem. “Districts are doing a lot of this already,” Nazarov said. “Portland (Public Schools) mentioned at one of the meetings one of their learning points is make sure you are documenting this. Repairs are done. People leave organizations, and nobody knows that the repair was done or when it was done, and that information is lost. This is a way to make sure there is a record that the community has access to and that that info is available.” Oracle, Oregon talk settlement as legal bills pass $10M mark BRIEFLY Grand jury considers FBI’s use of force in Finicum shooting test for radon, but the new rule will provide comprehensive guidance to schools on all of the testing required. Schools will be required to report their test results to the education department and to the community annually. “I’m supporting of this, but I am also thinking this is like the iceberg with only the tip visible and there is a lot of it unseen, and it can become very quickly a nightmare,” said School Board Member Samuel Henry. Henry said if the Legislature doesn’t approve additional funding for implementing the rule it could be another one of those “famous unfunded mandates.” The agencies asked schools to test for lead during the summer. All neither the education department nor the health authority has the power to require schools test for lead, said Emily Nazarov, operations policy analyst with the education department’s government and legal affairs section. The health authority has authority to require testing of public water systems, but schools are excluded from the agency’s jurisdiction. The proposed rule would require school districts, charter schools and education services districts to conduct lead and radon testing and to submit an environmental moni- toring plan to ODE for keeping water, air and physical spaces safe for students and staff. The health authority already had authority to require schools to 2 8 a.m. 10 a.m. Noon 2 p.m. 4 p.m. 6 p.m. 0-2, Low 3-5, Moderate 6-7, High; 8-10, Very High; 11+, Extreme The higher the AccuWeather.com UV Index™ num- ber, the greater the need for eye and skin protection. Forecasts and graphics provided by AccuWeather, Inc. ©2016 -10s -0s showers t-storms 0s 10s rain 20s flurries 30s 40s snow ice 50s 60s cold front 70s 80s 90s 100s warm front stationary front 110s high low National Summary: Showers and gusty thunderstorms will extend from the central Plains to part of the Atlantic coast today. Expect storms to dot coastal Texas and the Florida Peninsula, while showers cool the Northwest. Yesterday’s National Extremes: (for the 48 contiguous states) High 113° in Gila Bend, Ariz. Low 31° in Boca Reservoir, Calif. NATIONAL CITIES Today Albuquerque Atlanta Atlantic City Baltimore Billings Birmingham Boise Boston Charleston, SC Charleston, WV Chicago Cleveland Dallas Denver Detroit El Paso Fairbanks Fargo Honolulu Houston Indianapolis Jacksonville Kansas City Las Vegas Little Rock Los Angeles Hi 95 94 76 82 88 95 74 75 98 84 80 81 96 90 85 101 78 86 85 92 83 97 90 109 96 82 Lo 70 78 65 63 51 76 48 61 79 64 61 63 77 59 60 76 56 70 74 76 64 73 73 83 77 63 W t pc s t pc pc pc s t pc pc s s t s pc c s pc t pc pc t s t pc Sat. Hi 94 96 76 85 80 95 82 74 96 87 88 87 96 82 87 99 79 84 85 91 87 98 93 108 97 86 Lo 70 75 62 61 53 75 54 59 77 66 71 69 79 57 66 73 58 62 73 75 70 74 72 84 78 65 Today W t t s s s t s s t s s s pc t s t c t sh t s pc t s pc pc Hi Louisville 89 Memphis 97 Miami 90 Milwaukee 77 Minneapolis 82 Nashville 96 New Orleans 93 New York City 82 Oklahoma City 93 Omaha 86 Philadelphia 84 Phoenix 109 Portland, ME 75 Providence 81 Raleigh 92 Rapid City 96 Reno 88 Sacramento 93 St. Louis 93 Salt Lake City 90 San Diego 76 San Francisco 73 Seattle 66 Tucson 103 Washington, DC 83 Wichita 96 Lo 70 80 79 62 69 71 77 64 72 75 65 87 53 57 70 58 54 61 76 57 65 55 54 80 68 75 W pc t pc s s t pc pc s pc s pc s s t pc s s pc s pc pc sh pc t t Sat. Hi 91 97 91 82 84 96 94 84 93 90 86 108 75 82 85 84 93 99 94 83 75 73 72 100 84 97 Lo 73 78 78 69 65 75 77 64 74 66 63 87 52 56 64 52 59 59 79 57 67 55 55 78 66 75 Weather (W): s-sunny, pc-partly cloudy, c-cloudy, sh-showers, t-thunderstorms, r-rain, sf-snow flurries, sn-snow, i-ice. W s pc pc s t pc pc s pc c s s s s pc s s s pc s pc pc pc s s t