BAKER CITY HERALD • SATURDAY, NOVEMBER 12, 2022 A5
LOCAL & STATE
Condemned
Continued from A2
Andrew Selsky/Associated Press, File
Oregon Chief Justice Martha Walters, top left, swears in new House Speaker Dan Rayfield on Tuesday, Feb. 1, 2022, at the state Capitol in Salem.
Democrats retain control in Legislature,
but lose supermajorities in both chambers
That means Democrats can’t pass revenue-raising bills without GOP support
BY PETER WONG
Oregon Capital Bureau
Democrats will remain in charge of both cham-
bers of the Oregon Legislature when the new ses-
sion opens Jan. 9, but will lack the 60% majorities
required to pass revenue-raising measures on
their own.
Results are incomplete, but Republicans man-
aged to reduce the Democrats’ current 18-12 major-
ity in the Senate and 37-23 majority in the House.
Whichever party has a majority usually names
the House speaker and Senate president. They
appoint the members and leaders of committees
— where most of the work of the Oregon Legisla-
ture is done — and assign bills to the committees.
The majority party usually sets the agenda for the
chambers.
Democrats have held majorities in both cham-
bers for a decade, and supermajorities — 60%,
the requirement for revenue-raising measures —
since 2019.
Republicans were aided by the Bring Balance to
Salem political action committee, founded by for-
mer U.S. Rep. Greg Walden — himself a former
Oregon House majority leader and Oregon state
senator — and helped by a $2 million contribu-
tion from Nike co-founder Phil Knight.
Republicans mounted a strong bid to win their
first majority in the Senate, or at least force a 15-
15 tie, in two decades. They lost their majority
in 2002, when Democrats gained a tie, and then
Democrats won three seats for an outright ma-
jority in 2004.
Oregon Senate
Republicans were mounting a strong bid to win
their first majority in the Senate, or at least force a
15-15 tie, in two decades. They lost their majority
in 2002, when Democrats gained a tie, and then
Democrats won three seats for an outright major-
ity in 2004. Democrats have kept it since then, al-
though there were 16-14 splits between the parties
from 2011 through 2014.
The Senate Leadership Fund raised more than
$2 million to aid Republican candidates and at-
tack Democrats.
The new lineup apparently will be 16 Demo-
crats, 13 Republicans and one independent, Brian
Boquist of Dallas, who left the Republican Party.
This excludes the undecided District 20 seat,
where Democratic Rep. Mark Meek of Gladstone
for a record 20 years.
held a slim lead in his challenge of Republican
Oregon House
Sen. Bill Kennemer of Oregon City. Most of the
district is in Clackamas County, where about half
Democrats are likely to retain their majority
the ballots were yet to be counted.
over Republicans in the House. But that majority
Meek is a three-term state representative; Ken-
will be smaller than in the past four years.
nemer was seeking a full term to the seat he was
Results are incomplete, but Republicans ap-
appointed to in 2021 after Republican Alan Ol-
parently gained a net two or three seats, enough
sen of Canby moved out of state. Kennemer was
to reduce Democrats below the supermajority
first elected a senator in 1986, then as
mark of 36. There will be at least 20
a Clackamas County commissioner in
new members — 13 Democrats and
1996, then as a state representative in
seven Republicans are vacating their
2008 before he left in 2018.
seats — and if all six appointees on
“These results should give re-
the ballot win their elections (most
newed optimism to every person in
were leading), almost half the House
our state fighting for the well-being
will be serving their first 160-day
of hard-working Oregonians,” said
long session in 2023.
Senate Majority Leader Rob Wagner,
Democrat Dan Rayfield of Cor-
D-Lake Oswego, who is expected to be
vallis, who succeeded Tina Kotek as
Democrats
a candidate for the Senate presidency.
speaker at the start of the 2022 short
“Soon, we will turn our attention to
session, is likely to be his party’s
the 2023 legislative session and con-
nominee for a full two-year term as
Republicans
tinue our work to support a brighter
presiding officer.
future for every community in our
The speaker is chosen by the
state.”
full
House, but the majority party’s
independent
Sixteen of the 30 Senate seats were
choice usually prevails.
up for election on Tuesday, one for a
The House had 25 new members
two-year term in a redrawn District 18, which is
in 1999 after Oregon’s term limits kicked in, and
now entirely within Washington County. Dem-
24 new members in 2001. Those totals exclude
ocratic Rep. Wlnsvey Campos of Aloha was
two members with prior legislative service in 1999,
elected; she will be up again in 2024 for a full
and one in 2001. The Supreme Court tossed out
term.
term limits in 2002. One other note: Five Vietnam-
Ten Democratic incumbents appear headed
ese Americans will serve in the House, the largest
for re-election, plus Aaron Woods of Wilsonville,
group of Asian Americans ever in the Oregon Leg-
who won the redrawn District 13 seat.
islature. (Four others have served in Oregon his-
Three Republicans will move from the House
tory, but not at the same time.) All are Democrats.
to open seats in the Senate: Daniel Bonham of
Rep. Khanh Pham of Portland was elected to a
The Dalles, succeeding Republican Chuck Thom- second term in District 45. She will be joined by
sen of Hood River; Cedric Hayden of Fall Creek,
Hai Pham of Hillsboro, a pediatric dentist, in Dis-
succeeding Democrat Lee Beyer of Springfield;
trict 36; Daniel Nguyen of Lake Oswego, a restau-
and Suzanne Weber of Tillamook, succeeding
rant owner, in District 38; Thuy Tran of Portland,
Democratic appointee Rachel Armitage of War-
an optometrist, in District 45; and Hoa Nguyen of
ren in the seat that Democrat Betsy Johnson of
Portland, an attendance coach for Portland Pub-
Scappoose vacated in her losing nonaffiliated bid
lic Schools, in District 48. Republicans were in the
for governor.
majority most recently in 2006. They managed
Sen. Kim Thatcher of Keizer lost her District 13 to force a first-ever 30-30 tie with Democrats af-
seat in redistricting, but appeared to be winning
ter the 2010 election, but Republicans lost — and
her bid for the open District 11 seat vacated by
Democrats gained — four seats in 2012, which
Democrat Peter Courtney of Salem, the longest
enabled Democratic leader Tina Kotek to become
serving legislator at 38 years and Senate president speaker.
Control
of
Oregon
Senate
16
13
1
Oregon set to collect contributions for paid leave benefits
BY PETER WONG
Oregon Capital Bureau
Oregon, after years of prepara-
tion, is set to start collecting contri-
butions from businesses and em-
ployees for a new state program of
paid family and medical leave.
Contributions are scheduled to
start Jan. 1. Benefits are scheduled to
be paid starting Sept. 3, 2023.
“We want to get the word out
about this vital safety net for work-
ing people in Oregon,” said Karen
Madden Humelbaugh, director of
Paid Leave Oregon for the Employ-
ment Department.
The initial contributions for 2023
are capped at 1% of wages. For em-
ployees, their share is six tenths, or
60%; for employers of 25 or more,
their share is four tenths, or 40%.
Smaller employers are not required
to contribute, though their employ-
ees will have to, and employees are
covered.
Tribes, self-employed workers
and independent contractors also
can opt into the program.
Employers that already offer plans
with equivalent benefits can be ex-
cused from the program. So far, 31
law in 1991, two years ahead of the
plans have been submitted, and the
federal law. But its requirement for
Employment Department has ap-
12 weeks of leave is unpaid.
proved six. Humel-
Humelbaugh said
“It has one of the
baugh said others are
that unlike definitions
in the process, and the
in other states, Ore-
most inclusive
agency has set 30 days
gon’s program covers
definitions of family survivors of sexual
as the turnaround
point for a decision.
domestic vio-
in the country. Family assault,
Benefits under the
lence, harassment and
Oregon program are
could be a neighbor, a stalking. (Protections
set at a maximum of
them were added
friend or someone in for
$1,215 per week for
to the family-leave law
12 weeks during a sin-
starting in 2014.)
our close circle.”
gle year. The contri-
It also allows for
— Karen Madden
butions go into a trust
medical leave for
Humelbaugh, director
fund for benefits,
workers, care of a
of Paid Leave Oregon
much like employer
family member with
for the Employment
payroll taxes go into a
a serious illness or in-
Department
trust fund for unem-
jury, or the addition of
ployment benefits.
a new child through
According to the
birth, adoption or fos-
National Conference of State Leg-
ter placement.
islatures, Oregon is one of 11 states
“It has one of the most inclusive
and Washington, D.C., with such
definitions of family in the country,”
programs. Oregon is among four
she said. “Family could be a neigh-
states that have not yet started them. bor, a friend or someone in our close
California and Washington already
circle.”
have done so.
Workers who choose to take leave
Oregon approved a family-leave
for at least 90 days will have their
Local entertainment
news
jobs protected.
President Joe Biden proposed a
paid leave program under federal
law with an initial benefit of $4,000
per month over 12 weeks, slightly
less generous than Oregon’s pro-
gram. But Congress did not pass
it. It is unclear yet what happens to
state programs if a federal benefit is
authorized in the future.
The Oregon Legislature extended
the deadlines slightly in 2021 legis-
lation.
Employers will use the Oregon
Employment Department’s new
computer system, Frances Online,
to file reports on employer and em-
ployee contributions to the paid
leave fund. It is the same system that
employers starting using on Sept. 6
to file payroll reports, the basis for
the taxes that employers pay into the
state unemployment benefits trust
fund.
“That is part of the same portal.
So we are ready for the contribu-
tions,” Humelbaugh said. “We will
be using that modernized system.
Everything seems to be in line to
meet that deadline.”
Weekly inside
your newspaper
Gwin’s home was the first to be deemed a
“chronic neighborhood nuisance” under a 2019
revision to the city’s property maintenance or-
dinance.
Brent Kerns, Baker County Justice of the
Peace, made the chronic nuisance judgment on
Jan. 11, 2022.
Gwin appealed that decision, but the appeal
was dismissed July 19.
Although the city paid to remove trash and
other debris from outside Gwin’s home four
times from 2017-21, the recurring violations of
the city’s property maintenance ordinance, cul-
minating with the chronic nuisance designa-
tion, are not the reason Gwin’s home was torn
down, said Dawn Kitzmiller, the city’s building
official.
The structure was taken down because she
deemed that it had multiple structural prob-
lems that clearly made it a dangerous building,
Kitzmiller said.
The 950-square-foot home, built in 1900,
has a market value of $3,740, according to the
Baker County Assessor’s Office, which last ap-
praised the property in 2019.
The lot, which covers almost 5,000 square
feet, has a market value of $31,330, according
to the Assessor’s Office.
“At some point that structure would have
failed,” Kitzmiller said in August. “It was in ter-
rible shape.”
Kitzmiller said she met with Gwin soon after
she inspected his home on April 7, 2022, and
told him she would be sending an official letter
declaring the home unsafe to occupy.
She gave him until mid May to submit a plan
for either repairing the house — which Kitz-
miller said she didn’t think was feasible given
the likely cost — or dismantling it.
“I’m sorry for Mr. Gwin, but he’s been given
so many chances,” Kitzmiller said.
In an email to the Herald, Gwin said he had
“requested to purchase the necessary permits to
demolish the house myself” but that city offi-
cials didn’t give him a deadline.
Gwin also contends that a shed on his prop-
erty was not supposed to be torn down, but it
was, along with the house.
Gwin also wrote in his email that the city
took a trailer he owns and that was parked on
the street, and that he has not recovered per-
sonal documents, photo albums and other
items that were inside the trailer.
Gwin pointed out that a 2019 state law re-
quires a 72-hour notice before a city or other
government agency removes personal items
from public property.
Gwin said the city also took his utility trailer,
which was also parked on the street. He said his
cellphone was inside the trailer, and because he
lost his phone he wasn’t able to attend a hearing
with the Social Security Administration related
to his application for disability.
“I have no money, am homeless, have mental
impairments that make employment difficult
to sustain,” Gwin wrote in an email to the Her-
ald. “I don’t have the means to acquire phone
service so I don’t have a telephone number and
can not get another hearing for disability con-
sideration without one.”
Baker City Police Chief Ty Duby said he be-
lieves the city has been “more than fair with
Lucas.”
Duby said if anything, the city was more le-
nient than it could have been, including repeat-
edly paying to remove items from Gwin’s prop-
erty before declaring his home as dangerous.
“He just never came into compliance” with
the city’s property maintenance ordinance,
Duby said. “At some point it’s not fair to the
community.”
Gwin acknowledged that he accumulated a
lot of material on his property.
“I’m messy, I’ve never denied this fact, I’ve al-
ways plead guilty to my property maintenance
issues,” he wrote. “But I am a good human, I
am a tax paying citizen and a honest man.”
Gwin said he tried to clean up his property
multiple times after being cited by the city, but he
claims the city paid a contractor to remove mate-
rial because he “wasn’t working fast enough.”
“Because I am slow I am not allowed to have
the same rights as someone who can function
at a standard pace,” he said. “My inability to
function at normal mental capacity does not
exclude me the right to be afforded the same
rights as those given to any person thought to
be of greater mental capacity.”
Gwin said that the during the five-year pe-
riod when the city cited him several times for
violating the property maintenance ordinance,
he had tried to make improvements to his
home and property.
At one point, he wrote, he was “renovating
my bathroom as the plumbing had been in dis-
repair for years and the floor needed replacing
due to the water damage. I was working full
time and I was only able to visit the dump on
the weekends. I also had removed all the carpet
from my home and had it rolled up preparing
to dispose of it the following weekend.”
Gwin wrote that prior to his first citation he
had “several thousands of dollars of barn wood
I had just aquired in the days just prior and
was processing systematically at a rapid pace,
this barnwood I was using as a temporary bar-
rier that week to block the publics view of the
carpeting and the remains of the bathroom
flooring, the floor joists, and the old plumbing
as I went ahead and replaced the entire houses
plumbing in the process.”
Gwin wrote that later “I lost my job do to my
depleting mental state and closed myself off
from human contact replacing the people in my
life with as many material possessions as I could
acquire, I piled them around me to protect me
from the world that left me cold and scared.”
Gwin contends he was “singled out” by the
city for his property maintenance violations.
“The violations of maintenance are those of
the past,” he wrote. “I need help being heard for
the trespasses on my freedoms and my liberty
and the desecration of my rights. I need these
things brought to light that everyone might see
them.”