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About The Blue Mountain eagle. (John Day, Or.) 1972-current | View Entire Issue (Feb. 12, 2020)
A4 OPINION Blue Mountain Eagle Wednesday, February 12, 2020 Public records laws manipulated by government officials T he ostensible purpose of Oregon’s public records laws is both simple and noble. The 1973 law reads, in part: “Every person has a right to inspect any public record of a public body in this state. ...” This is so sensible as to be obvious. Public agen- cies, including cities, coun- ties and the state government, produce records using pub- lic dollars, and the public — which is to say, all of us — ought to be able to have a look at those records. But the reality, as is so often the case when it com- petes against the conceptual, is neither simple nor noble. Part of the problem is the rest of the above excerpt from the law, the words on the other side of the ellip- sis: “... except as other- wise expressly provided by ORS 192.338, 192.345 and 192.355.” Ah, yes. Exceptions. There are dozens of exceptions to the public records laws, and this list has been larded con- siderably over the past five decades. The law, as a result, has been tilting ever more in favor of public officials being able to keep records hidden from the public. Some of the exceptions aren’t negotiable, like medi- cal records or records prohib- ited from being released by federal law. But many of the excep- tions do not apply if the pub- lic interest requires dis- closure in the particular instance. Investigatory infor- mation compiled for crimi- nal law purposes, personnel discipline actions and inves- tigations of public safety employees that do not result in discipline fall into this lat- ter category — the public interest may require their dis- closure, despite being condi- tionally exempt. Grant County officials have used these conditional exemptions to block numer- ous requests from the Eagle for almost a year — despite multiple Grant County Sher- iff’s Office employees being investigated and placed on paid administrative leave. A sheriff’s deputy who has been paid more than $58,000 on administrative leave since March was arrested for driv- ing drunk this weekend. The Eagle had to fight to get the county to release any records at all or even confirm that the employee was on leave months ago. Yet, despite repeated requests, the county still has not provided any information about why she was placed on leave. Is that not in the public interest? But even when pub- lic officials can’t use any of those exceptions as the legal bricks and mortar to put up a wall between the public and the records, there are other methods to withhold public records. When the Eagle first requested the records in April, Sheriff Glenn Palmer said the county had some of the records requested but said a fee of $1,200 would be required before they would even search for them. A situation happening in Malheur County is another troubling example. The Malheur Enterprise newspaper in Vale, as part of its diligent coverage of Mal- heur County’s effort to build a multimillion-dollar indus- trial park, has requested public records related to the project. Publisher Les Zaitz said, after paying a requested $300 fee for the records, Malheur County officials requested more money before agreeing to release the records. Oregon’s public records laws provide for agencies to waive fees in cases when releasing the records serves the public interest. It’s diffi- cult to imagine a topic more important to the public than how government officials are spending, or planning to spend, public dollars. In part because pub- lic records laws lack sig- nificant penalties for public agencies and officials who use the law to obscure rather than to reveal facts, the sorts of stalling tactics that Grant and Malheur county officials employed are unfortunately common. The Eagle will continue to push for the release of these records so we can inform the public how their public offi- cials are spending public money, and we’re sure Zaitz and his staff at the Enterprise will do the same. Our success will serve both as a testament to the importance of journalism, but also, sadly, as an exam- ple of how a well-conceived law has been gradually bas- tardized to the point that it too often serves the interests of public officials rather than the public. BUILDING BLOCKS Healthy communities W hat makes a community healthy? According to the Lincy Institute, “A per- son’s health is a product of their envi- ronment. As such, a healthy com- munity is one in which all residents have access to a quality education, safe and healthy homes, adequate employment, transportation, physical activity, and nutrition, in addition to quality health care. Unhealthy com- munities lead to chronic disease, such as cancers, diabetes, and heart dis- ease.” Merriam-Webster Dictionary defines a healthy community as “one that encapsulates both the health of people and place, where people can be physically healthy and live in a neighborhood that is thriving socially and economically.” Grant County is known for its beauty, Kam Wah Chung Museum and friendly and supportive commu- nity. I hear, on a regular basis, Grant County residents who moved away returning saying they missed home, the sun that shines daily, the commu- nity feel and safety. Let’s hold on to these characteristics, value them and protect our way of life. How do we get better and become a healthier community by thriving economically? 1) Get local businesses to coop- erate and work together for the good of the town. Sac City, Iowa, popula- tion estimated at 2,105 and falling, boasts of its hospital, recreation cen- ter, two pools, public school, library, robust day care and the world’s larg- est popcorn ball attraction despite the decline in residents. Steve Irwin, board member, says, “Sac City’s ‘secret sauce’ is people: super-in- volved citizens, willing to work together for the good of the town. We always seem to have a champion for a project, somebody or some group that kind of takes the lead.” 2) Support and expand exist- technical and academic institutions; streets lined with trees and other veg- etation that help improve the pedes- trian and driver’s environment while absorbing rainwater and improving water and air quality. 4) Ensure a wide range of housing types that are affordable to different income levels. If a city does not have enough appealing neighborhoods including attractive streetscapes and storefronts, it might not attract work- ers and businesses. Housing should contribute to a sense of place and neighborhood identity, helping retain existing residents. If housing costs are higher than the income of the res- idents, workers and businesses will not be sustainable. 5) Strategically focus on com- mon goals. 1. Make the distinc- tion between “growth” and “invest- ment.” 2. Be tactical and strategic. 3. Be focused. 4. Start where there is already momentum. 5. Find the right partners for specific goals. 6. Com- municate and coordinate. Let’s take a look at Grant County. Does our chamber of commerce have a community event calendar promot- ing events that is utilized to support and collaborate with one another? Are Grant County downtowns thriv- ing? Do Grant County leadership and city leadership have a focused strat- egy to promote healthy communi- ties? What about the citizens of Grant County? Are you involved with com- munity collaboration, revitalization of downtown, supporting downtown business, schools and health care? Does Grant County have affordable housing and housing types to meet our need? Let’s join together to become a healthier, thriving Grant County community. Dorothy Nestlerode is a Grant County resident, mother and local author. ing businesses, attract new busi- nesses, encourage entrepreneurship, expand and diver- sify the tax base and improve quality of life with new ser- Dorothy vices and ameni- Nestlerode ties. The U.S. Envi- ronmental Protection Agency Smart Growth Economic Development pro- gram states, “Many communities are finding economic success by culti- vating a competitive advantage by using their unique assets to attract new investment and support exist- ing businesses. These place-based assets might include residents and their skills; local architecture and infrastructure; academic, technical, and medical institutions; local and regional business and employment concentrations; cultural, natural, and artistic resources; and general qual- ity of life. What distinguishes smart growth economic development from conventional economic develop- ment is this emphasis on building on existing assets, rather than on pur- suing jobs or tax base growth with- out particular regard for location or synergies with existing assets.” For more information, visit epa. gov/smartgrowth/framework-creat- ing-smart-growth-economic-develop- ment-strategy. 3) Support quality of life. A vari- ety of factors can improve qual- ity of life, such as a thriving down- town with retail shops and services with a focus on nutritious and afford- able foods, medicine and essential items and restaurants; options for walking, biking, driving and pub- lic transit; artistic, cultural and com- munity resources such as museums, public art, community centers, reli- gious institutions and other commu- nity gathering spaces; and medical, LETTERS TO THE EDITOR Thankful for ranchers who feed daily To the Editor: Since I moved here in 2007, it has been a joy to live through the chang- ing seasons, especially as it pertains to the cattle ranches between Prai- rie City and John Day. There are the baby calves in the spring, cattle being moved out to pasture for the summer, watching the hay being put up for winter, cattle brought back after the grass freezes and the wonderful scene of them being fed every day by those faithful folks who care for them well while they wait for the calving season once again. And then there are a few who darken the joy of the season by just getting by, feeding as seldom as pos- sible, keeping their hay in a stack, instead of in the cattle’s bellies, mak- ing them hungry for two or three days, before they get fed again. It is hard to listen to them bawl after the second day, wondering when they will get any hay again, and makes one doubly thankful for the ranchers along the highway who let their cattle eat every day, much like they themselves do. Mary Brown Prairie City ‘The climate is changing’ To the Editor: I caught my first fish in the head- waters of the John Day in 1952 near family property. The changing cli- mate has caused changes we all should be aware of. Smaller aver- age snowpacks, salmon kills due to warm water conditions, larger fires like the Canyon Creek Complex that burned more houses and barns than any fire ever in the state. The climate is changing, and we all need to do our part to slow it down for the sake of our kids and grandkids. Timber Unity just staged a protest in Salem mostly over diesel prices. I remember when diesel prices used to be much less than gasoline. Once it became a major export, the prices rose to about the same as gasoline, a significant increase. Look at a chart of our oil exports, they are increas- ing dramatically. If the oil compa- nies have their way, we will someday be paying $7 a gallon like they do in Norway. That’s nice for oil company profits, not so good for the environ- ment, ranchers and loggers. I didn’t hear any proposals by Timber Unity to help solve our cli- mate crisis. It’s time we all did our share, and the industrial polluters will have to be a big part of that solution. Craig Lacy Bend L ETTERS POLICY: Letters to the Editor is a forum for Blue Mountain Eagle readers to express themselves on local, state, national or world issues. Brevity is good, but longer letters will be asked to be contained to 350 words. No personal attacks; challenge the opinion, not the person. No thank- you letters. Submissions to this page become property of the Eagle. The Eagle reserves the right to edit letters for length and for content. Letters must be original and signed by the writer. Anonymous letters will not be printed. Writers should include a telephone number so they can be reached for questions. We must limit all contributors to one letter per person per month. Deadline is 5 p.m. Friday. Send letters to editor@bmeagle.com, or Blue Mountain Eagle, 195 N. Canyon Blvd., John Day, OR 97845; or fax to 541-575-1244. Blue Mountain EAGLE Published every Wednesday by Grant County’s Weekly Newspaper Publisher............ ......................................Chris Rush, crush@eomediagroup.com Editor & General Manager ...............Sean Hart, editor@bmeagle.com Reporter ...................................................Rudy Diaz, rudy@bmeagle.com Reporter ...................................................... 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