KATHRYN B. BROWN
Owner
ANDREW CUTLER
Publisher/Editor
ERICK PETERSON
Hermiston Editor/Senior Reporter
TUESDAY, SEPTEMBER 14, 2021
A4
Founded October 16, 1875
OUR VIEW
Voters need
more input on
redistricting
S
tate lawmakers are poised to meet
Sept. 20 to finalize plans to reframe
the state’s 90 legislative districts and
six congressional districts, but the long-
term ramifications are murky and how
such a blueprint will help voters remains
a mystery.
While legislators are scheduled to meet
to find an agreement on the redistricting
plan, there hasn’t been much vetting by
voters on the concept. Whenever a redis-
tricting plan is floated by elected leaders,
voters need to be wary. They also need to
be informed about precisely what the new
plan will mean.
That, as far as we can tell, hasn’t
happened.
Instead, lawmakers have plowed ahead
with the plan and appear ready to use the
COVID-19 pandemic to limit in-person
testimony by voters. Instead, as with the
last Legislative session, lawmakers will
hold hearings on the matter virtually.
House Speaker Tin Kotek and Senate
President Peter Courtney — both Demo-
crats — made that decision last month.
Gov. Kate Brown has urged lawmakers
to move fast on approving new political
maps for the state. If lawmakers can’t
reach a compromise, then Democratic
Secretary of State Shemia Fagan will be
in control of framing the new legislative
maps. After that a final panel of judge
will be responsible for approving the final
legislative map.
There are so many different elements
to this entire saga that are wrong, it is
hard to know where to start.
Redoing the legislative map is very
serious business and deserves voter
input. In fact, voter input is crucial.
That’s because lawmakers can poten-
tially draw legislative maps in a way that
helps either themselves or their party.
That means an essential piece of Democ-
racy is shortchanged, and then voters
must live with it. For secluded areas of
Oregon — such as its eastern section —
an in-depth redrawing of the state’s polit-
ical representation map should be real
cause for concern. Not concern over the
overall concept — redrawing of political
districts isn’t uncommon — but how the
process is being rolled out.
Until voters have a better idea of what,
exactly, is going on and until they can
testify in person, the brakes need to be
pushed on this idea.
Far more voters input is needed and
lawmakers — especially those who
represent the eastern side of the state —
need to get out and hold town hall meet-
ings to explain this process.
Redistricting isn’t some run-of-the-
mill legislative piece of business. It has
the capacity to impact voters right here at
home and in ways that may not be in their
best interests.
Dealing with potential sexual harassment
BLAINE
CLOOTEN
ASK A LAWYER
Q
: Our young adult daughter is
living with us, and is working
at a medical clinic. One of the
physicians she works with has asked
her out on several dates (she has made
up excuses and declined), continuously
compliments her appearance within
earshot of other staff, and has touched
her back and shoulders unnecessarily.
This is making her so uncomfortable
that she wants to quit. She does not want
to confront him. There is no human
resources person at the clinic, and this
physician is one of the owners. Would it
make sense to get a lawyer involved?
A: Your description carries many
hallmarks of sexual harassment.
Depending on the number of employ-
ees in the clinic, she may only have state
and not federal remedies.
However, she should be realistic
that if she takes legal action against her
employer, continuing employment may
be impossible. If the employer fires her
for starting legal action, that would be
retaliation, which is also actionable,
but she would still be out of a job. She
should not quit before she finds a job
because she may not qualify for unem-
ployment benefits.
This is a very complex issue, and
she should consult an employment law
attorney prior to making any decisions.
She might want to start a job search at
the same time that she consults with an
attorney.
I received assistance from other
attorneys for this answer and I have
further reading/information for anyone
that is interested, please visit https://bit.
ly/3hbUwAx.
Q: I live next to a city park, which is
quiet and seldom used. Now there is talk
of putting a dog park or a playground
there. I think it will lower my quality
of life, as well as my property value. Is
there anything I can do?
A: Aside from hiring an attorney,
there are two realistic paths: lobby city
council to prevent installation or move.
An attorney can explain the other
possible legal avenues you have avail-
able, such as nuisance. An actionable
nuisance is an interference with an
interest or right of one party, the plain-
tiff by action of another, the defendant,
to which law attaches responsibility. To
prove nuisance the plaintiff must prove
the following elements: 1) substantial
interference; 20 unreasonable inter-
ference; 3) culpable conduct; and 4)
causation.
Aside from the statute, your legal
remedies will largely be determined by
local zoning/use laws and who is build-
ing the park, or in your case repurposing
the park. There are also issues with dog
parks regarding parking, clean up and
maintenance, liability, dog fighting, and
noise, all of which the local government
will need to consider before building the
park.
There are also statutorily defined
nuisances, but those also carry defenses
to nuisance claims, such as immunity,
coming to the nuisance, exercise of a
legal right and comparative fault.
I know your question by nature is
somewhat limited. Your remedy is going
to be fact specific. I often encourage
folks to become active participants in
local government processes. That said,
my best recommendation is to talk to an
attorney about your particular situation
to fully understand your legal rights.
Q: How do I find an affordable attor-
ney?
A: A simple enough question. Gener-
ally, it is easier for folks in more popu-
lated areas to find an affordable attorney
than those in rural areas.
The truth of the matter is that attor-
neys in Eastern Oregon are retiring
faster than they can be replaced and
legal resources will continue to grow
more scarce over time. Finding local
representation for your problem is
always best because a local attorney
knows the judge assigned to your case
and how he or she is likely to rule based
on your facts.
When a local attorney is not avail-
able, you may be forced to search else-
where. The Oregon State Bar’s Lawyer
Referral Service (“LRS”) has programs
to assist the public in finding the right
lawyer. You are entitled to an initial
consultation of up to 30 minutes for a
maximum fee of $35. Their number is:
503-684-3763.
Oregon lawyers created the Modest
Means Program to help moderate-in-
come Oregonians find affordable legal
help. Eligibility for the program is based
upon type of legal matter, applicant
income and assets, and availability of
participating lawyers. If you qualify for
the program, the Modest Means lawyer
will charge you a reduced rate for any
additional legal work beyond the initial
consultation.
The Modest Means Program is
only available for family law, crimi-
nal defense, foreclosure, and landlord/
tenant matters at the trial court level,
503-684-3763 is their number.
For additional answers to similar ques-
tions please visit the resources page of my
website, oregonlegalfirm.com.
———
Blaine Clooten is an attorney at law,
serving Umatilla County with a focus on
family law, estate planning and personal
injury cases. Questions answered do not
create an attorney-client relationship.
Facts and law may vary; please talk to
an attorney for more information.
ties and ceremonial centers.
As a result, the tribe applauds and
supports Sen. Ron Wyden’s efforts
to provide protections to these types
of vital waterways through the River
Democracy Act. The tribe was pleased
to be able to make recommendations
for the act, including numerous desig-
nations within the Joseph Canyon
watershed because of its cultural
and ecological significance for tribal
members.
The act will also provide protec-
tion to valuable headwater streams
that are critical for mitigating the
effects of climate change, similar to
the tribe’s management efforts on the
Precious Lands in Oregon where many
of the rivers nominated by the tribe are
located. Additionally, Wild and Scenic
designations will assist with preserv-
ing critical habitat for important wild
populations of summer steelhead and
conserving essential travel corridors
used by culturally significant wildlife
species.
In a broader context, the legisla-
tion balances national and local inter-
ests through co-development of river
management plans by state, local and
tribal entities working cooperatively
with federal agencies. The legislation
also has language addressing wildfire
management issues within Wild and
Scenic river corridors.
Wyden has demonstrated great
vision in crafting a bill that includes
recommendations from local residents
in addressing obstacles facing many
of the waterways that make Northeast
Oregon unique. Without such leader-
ship, these ecological treasures are in
danger of withering away.
Samuel N. Penney
Chairman, Nez Perce Tribal
Executive Committee
YOUR VIEWS
EDITORIALS
Unsigned editorials are the opinion of the East
Oregonian editorial board. Other columns,
letters and cartoons on this page express the
opinions of the authors and not necessarily
that of the East Oregonian.
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of 400 words or less on public issues and public
policies for publication in the newspaper and on
our website. The newspaper reserves the right
to withhold letters that address concerns about
individual services and products or letters that
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Unsigned letters will not be published.
SEND LETTERS TO:
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or via mail to Andrew Cutler,
211 S.E. Byers Ave. Pendleton, OR 97801
Nez Perce Tribe supports
River Democracy Act
The Nez Perce connection to
Northeast Oregon is strong, deep and
timeless. The beauty and boundless
resources of this part of the tribe’s
aboriginal homeland are just a few of
the reasons the tribe is so committed to
cultural and natural resource conserva-
tion in the area today.
Tribal members have engaged in
fishing, hunting, gathering and pastur-
ing in this region since time imme-
morial, and this area continues to play
a major role in our culture and econ-
omy. For example, the Joseph Creek
drainage is of particular religious
and cultural significance because it
contains archaeological sites, import-
ant hunting, fishing and gathering
grounds, traditional cultural proper-