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.
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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
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70
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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
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t
s
pc
t
pc
pc
s
r
pc
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52
40
44
53
42
46
51
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52
48
47
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42
57
50
53
51
52
51
58
44
55
52
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56
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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
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pc
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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
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NATIONAL WEATHER TODAY
Sat.
WORLD CITIES
Hi
91
93
89
68
75
77
73
90
78
65
77
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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
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— 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
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63
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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
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79
57
66
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58
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73
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70
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72
84
78
65
Today
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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
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61
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68
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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
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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
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