2A — BAKER CITY HERALD
TUESDAY, NOVEMBER 10, 2020
B AKER C OUNTY C ALENDAR
TUESDAY, NOVEMBER 10
■ Baker City Council: 7 p.m. at Baker City Hall, 1655 First
St. Council members will attend via Zoom, with Mayor
Loran Joseph at City Hall. The Council chambers will be
open for the public.
THURSDAY, NOVEMBER 12
■ Baker City Tree Board: noon at Baker City Hall, 1655 First
St. Agenda items include a tree-pruning outreach plan.
Federally Required Policy
City’s Proposed Policy 1
“It is the policy of the City of
Baker City that:
1. Its law enforcement person-
nel shall not use excessive force
against any individuals engaged in
nonviolent civil rights demonstra-
tions; and
2. Applicable state and local laws
that prohibit physically barring
entrance to or exit from a facility or
location which is the subject of such
nonviolent civil rights demonstra-
tions within its jurisdiction shall be
enforced.”
(Policy includes the language in the federally required policy at left).
“Baker City, as a recipient of a Community Development Block Grant (CDBG)
funding, acknowledges its responsibility to adhere to applicable federal, state
and local regulations requiring units of government receiving CDBG funds to
adopt and enforce ‘excessive force provisions.’
This policy fi nds its basis in three federal laws as follows:
1) Section 109 of the Housing and Community Development Act (HUD) of
1974, Title I, prohibits discrimination on the basis of race, color, national origin,
disability, age, and sex with CDBG programs or activities.
2) Section 519 of the 1990 HUD Appropriations Act (Public Law 101-140). Under
this Act, no funds appropriated in the Act for the CDBG program can be awarded
to a municipality that fails to adopt and enforce “a policy prohibiting the use of
excessive force by law enforcement agencies within the jurisdiction of the mu-
nicipality against any individuals engaged in nonviolent civil rights demonstra-
tions”. HUD implemented this provision by requiring CDBG grantees to submit to
HUD a certifi cation that such a policy has been adopted and is being enforced.
3) Section 906 of the National Affordable Housing Act (NAHA) of 1990
amended Title I of the HUD Act of 1974 by requiring units of government receiv-
ing CDBG funds to adopt and enforce “a policy of enforcing applicable State and
local laws against physically barring entrance to or exit from a facility or location
which is the subject of such nonviolent civil rights demonstrations within juris-
dictions.”
The following are defi nitions that pertain to this policy.
Excessive Force: There is no specifi c defi nition of excessive force under fed-
eral law. Current case law provides a basis that excessive force is determined on
the “objective reasonableness” of the force based on the situation. This standard
will be determined by our local judicial system.
Nonviolent Demonstrations: Typically, nonviolent demonstrations or nonvio-
lent resistance are peaceful tactics to achieve social change. Examples include
distribution of information, picketing, marches and vigils.”
City’s Proposed Policy 2
T URNING B ACK THE P AGES
50 YEARS AGO
from the Democrat-Herald
November 10, 1970
Bob Latham fi lled a post vacated by Elton Thomas on
the Baker Ranger District.
Latham is an Oregon State University graduate in
Forestry. He comes from Halfway, Oregon, where he was
employed by the Forest Service.
25 YEARS AGO
from the Baker City Herald
November 10, 1995
EUGENE — Baker gave La Salle all it wanted Thursday
in the opening round of the OSAA/U.S. Bank Class 3A
state volleyball tournament.
Baker won the fi rst game 17-15 before dropping the
other two games 15-8, 15-3.
La Salle, which defeated Baker in last year’s semifi nals,
entered Thursday’s match as the top ranked Class 3A
team in Oregon.
10 YEARS AGO
from the Baker City Herald
November 10, 2010
The Portland company that refurbished the rubber
asphalt track at Baker High School about fi ve years ago
estimates it will cost $21,000 to repair graffi ti damage
infl icted by vandals on Oct. 28.
ONE YEAR AGO
from the Baker City Herald
November 11, 2019
Jimmy Robbins was convinced he would die on that
December day in a grassy clearing in Vietnam as the
bullets whizzed and the mortar rounds showered the hot
tropical air with a deadly hail of steel.
Yet half a century later, Robbins can tell his terrible tale.
And although he will never know for certain, it might
be that Robbins, 71, owes all the years that came after at
least in part to his buddy from Baker County, a man who
didn’t survive that day.
A man who even today Robbins can’t talk about with-
out an occasional hitch interrupting his syrupy smooth
Southern accent.
His name is John Noble Holcomb.
He grew up in Richland.
Holcomb died on Dec. 3, 1968, in the same small jungle
clearing near Quan Loi where Robbins, then 20, was all
but certain he would draw his fi nal breath.
Sgt. Holcomb’s exploits, which included manning a
machine gun after the regular gunner was hurt, crawl-
ing through a fi re ignited by artillery and moving several
members of his squad even after he had been wounded,
led to his posthumous awarding of the Medal of Honor.
O REGON L OTTERY
MEGABUCKS, Nov. 7
12 — 20 — 35 — 38 — 39 — 41
Next jackpot: $4.2 million
POWERBALL, Nov. 7
14 — 16 — 37 — 48 — 58 PB 18
Next jackpot: $158 million
MEGA MILLIONS, Nov. 6
18 — 24 — 27 — 34 — 60
Mega
2
Next jackpot: $152 million
WIN FOR LIFE, Nov. 7
52 — 55 — 60 — 70
PICK 4, Nov. 8
• 1 p.m.: 2 — 5 — 4 — 8
• 4 p.m.: 0 — 2 — 3 — 7
• 7 p.m.: 3 — 8 — 4 — 2
• 10 p.m.: 7 — 2 — 4 — 6
LUCKY LINES, Nov. 8
“The City of Baker City respects
the rights of all people to peaceably
assemble. It is the policy of Baker
City to not unreasonably interfere
with, harass, intimidate, use exces-
sive force or discriminate against
persons engaged in the lawful
exercise of all their rights, while
preserving the peace, protecting life
and preventing the destruction of
property.
It is the policy of Baker City to
follow all federal, state and local
laws that would have the effect of
limiting entrance to and exit from
any public facility or public location
where a nonviolent civil rights dem-
onstration may occur. This policy
does not allow public demonstra-
tions on any private property or
any other property not under the
jurisdiction of the City of Baker City
without the consent of the property
owner.
Public facility/location is defi ned
as any building or location that
is open to the general public and
under the jurisdiction of the City of
Baker City. Some examples would
be City Hall, City Parks, the Adler
Pathway, City streets and sidewalks,
etc.”
COUNCIL
Continued from Page 1A
“It would be our suggestion that
you pass the provision and move
forward so that these funds can be
put to good use in your community.”
— State Sen. Lynn Findley and State
Rep. Mark Owens, in a Nov. 4 letter to
the Baker City Council
viduals engaged in nonviolent civil rights
demonstrations; and
2. Applicable state and local laws that
prohibit physically barring entrance to
or exit from a facility or location which is
the subject of such nonviolent civil rights
demonstrations within its jurisdiction
shall be enforced.”
Warner is suggesting two possible alter-
natives.
First proposed alternative policy
This proposal incorporates the 2 para-
graphs of the federal block grant policy,
but with additional language including
descriptions of the terms “excessive force”
and “nonviolent demonstrations.”
The proposed policy states that Baker
City, as a block grant recipient, “acknowl-
edges its responsibility to adhere to appli-
cable federal, state and local regulations
requiring units of government receiving
CDBG funds to adopt and enforce ‘exces-
sive force provisions.’ ”
The proposed policy’s section on exces-
sive force reads: “There is no specifi c defi -
nition of excessive force under federal law.
Current case law provides a basis that
excessive force is determined on the ‘objec-
tive reasonableness’ of the force based
on the situation. This standard will be
determined by our local judicial system.”
The section on nonviolent demonstra-
tions reads: “Typically, nonviolent dem-
onstrations or nonviolent resistance are
peaceful tactics to achieve social change.
Examples include distribution of informa-
tion, picketing, marches and vigils.”
During the Oct. 13 meeting Bruland’s
motion to postpone a decision on the
federal policy was approved 4-3, with Bru-
land, Perry and councilors Arvid Ander-
sen and Larry Morrison voting in favor.
Mayor Loran Joseph and councilors
Randy Schiewe and Jason Spriet were op-
posed to delaying a decision on the policy.
Councilors will consider Warner’s pro-
posed alternative policies when they meet
tonight at 7 o’clock.
Joseph will conduct the meeting from
City Hall, but the six other councilors will
attend via Zoom, according to the city.
The public can attend the meeting at
City Hall, 1655 First St.
Warner said Monday morning that
although he sent the proposed policies to
Business Oregon, he had not heard from
the agency whether either of the policies
would comply with the federal require-
ment and thus make the city eligible for
the $1.5 million grant for New Directions.
The excessive force policy that Busi-
ness Oregon mandates for block grant
recipients dates to 1990. It reads:
“It is the policy of the City of Baker City
Second proposed alternative policy
that:
This proposed policy focuses on the is-
1. Its law enforcement personnel shall
sue of nonviolent demonstrations.
not use excessive force against any indi-
It reads, in part: “The City of Baker City
respects the rights of all people to peace-
ably assemble. It is the policy of Baker
City to not unreasonably interfere with,
harass, intimidate, use excessive force or
discriminate against persons engaged
in the lawful exercise of all their rights,
while preserving the peace, protecting
life and preventing the destruction of
property.”
The councilors’ packets for tonight’s
meeting also include a letter from Baker
County’s two state legislative representa-
tives, Sen. Lynn Findley, R-Vale, and Rep.
Mark Owens, R-Crane.
The legislators, in a Nov. 4 letter
addressed to Joseph and the other city
councilors, wrote that “Several of you have
brought to our attention your concerns
regarding the Community Development
Block Grants and the requirement for an
excessive force provision.”
Findley and Owens included in their
letter a statement from Business Oregon
reiterating that the excessive force policy
is a requirement for cities applying for
block grants.
“We have spoken with several outside
law enforcement offi cers to get their take
on the requirement,” the legislators wrote.
“None of them expressed any concern
with the language in the provision ...”
“Business Oregon also noted that while
they have had one city ask for background
information about this policy, not one
city or county has elected not to use this
federal program because of it.”
Findley and Owens concluded their
letter by writing: “It would be our sugges-
tion that you pass the provision and move
forward so that these funds can be put to
good use in your community.”
Cities and counties often request block
grants not only for their projects, but on
behalf of nonprofi ts such as New Direc-
tions Northwest.
In 2015 Baker County received a $1.4
million block grant to help the Eagle Val-
ley Fire Department build a new fi re hall
in Richland. County commissioners ap-
proved the excessive force policy required
by federal rules.
1-5-10-13-20-22-26-32
Next jackpot: $18,000
S ENIOR M ENUS
■ WEDNESDAY: Barbecued pork ribs, au gratin potatoes,
corn, roll, pea-and-onion salad, ice cream
■ THURSDAY: Breaded chicken strips, potatoes and gravy,
mixed vegetables, bread, carrot-raisin salad, bread pudding
■ FRIDAY: Baked cod, cup of clam chowder, green beans,
roll, brownies
■ MONDAY (Nov. 16): Chicken-fried chicken, potatoes and
gravy, mixed vegetables, roll, coleslaw, cheesecake
■ TUESDAY (Nov. 17): Pork roast, parslied red potatoes,
broccoli-blend vegetables, bread, fruit ambrosia, ice cream
Lunches at the Senior Center, 2810 Cedar St., 11:30 a.m. to
12:30 p.m.; $4.50 donation (60 and older), $6.75, under 60.
Meals must be picked up; there is no dining on site.
N EWS OF R ECORD
DEATHS
James “Henry” Spivey: 87,
died Nov. 7, 2020, at home sur-
rounded by his family. Arrange-
ments are under the direction of
Tami’s Pine Valley Funeral Home
and Cremation Services. Online
condolences can be made at
www.tamispinevalleyfuneral-
home.com
Viola Millman: 87, of Rich-
land, died on Nov. 9, 2020, at her
home. Arrangements are under
the direction of Tami’s Pine Valley
Funeral Home and Cremation
Services. Online condolences
can be made at www.tamispine-
valleyfuneralhome.com
Richard ‘Dick’ Hopper:
75, of Pendleton, and a regular
fi sherman in the Oxbow area,
died on Nov. 8, 2020, at Oxbow.
Arrangements are under the
direction of Tami’s Pine Valley
Funeral Home and Cremation
Services. Online condolences
can be made at www.tamispine-
valleyfuneralhome.com
POLICE LOG
Baker City Police
Arrests, citations
FAILURE TO APPEAR
(Three Salem Municipal Court
warrants): Donald Edward
Ferguson, 55, of Boise, 5:47
a.m. Monday, in the 100 block
of Campbell Street; cited and
released.
SECOND-DEGREE CRIMINAL
TRESPASSING: Gregory Rex
Stephens, 74, of Enterprise,
12:46 a.m. Monday, in the 500
block of Campbell Street; cited
and released.
SECOND-DEGREE CRIMI-
NAL TRESPASSING: Michael
S. Myers-Gabiola, 29, of Baker
City, 4:47 p.m. Saturday, in the
2300 block of Resort Street;
cited and released.
Crime reports
SECOND-DEGREE BUR-
GLARY: At the Silven, Schmeits
and Vaughan law offi ce at
1950 Third St. between Nov. 6
and Nov. 8; Police Chief Ray
Duman said burglars entered
the building after kicking in the
back door. They removed $300
in cash and a jar containing
$100 worth of change, broke a
window on the front of a soda
dispensing machine and ran-
sacked the offi ce. Damage to the
machine was estimated at $40,
Duman said.
“You’ll love the work we do. I guarantee it.” - JR
C ONTACT THE H ERALD
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Karrine Brogoitti
kbrogoitti@lagrandeobserver.
com
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ISSN-8756-6419
Serving Baker County since 1870
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