NEWS
MyEagleNews.com
Wednesday, January 13, 2021
A5
Procedural errors Legislature returns to Capitol amid COVID-19 spike
will delay pot tax
By Gary A. Warner
R-Astoria. She won the north
Oregon Capital Bureau
By Steven Mitchell
Blue Mountain Eagle
Grant County will have to wait before col-
lecting marijuana tax revenue.
Although county voters approved a 3% tax
on marijuana products in the November elec-
tion, Grant County officials did not consider
an ordinance to officially adopt the tax until
Dec. 30 and neglected to read the ordinance as
required by law.
According to Oregon law for adopting an
ordinance, “every ordinance of a county gov-
erning body shall, before being put upon its
final adoption, be read fully and distinctly in
open meeting of that body on two days at least
13 days apart.” The ordinance can be read by
title only if no member of the governing body
requests a complete reading of the proposed
ordinance.
County officials did not read the ordinance
in full or by title when they first considered it
Dec. 30, so the county must complete the first
reading, wait at least 13 days and then com-
plete the second reading for the ordinance to
be properly adopted. At that point, the ordi-
nance would take effect in 90 days because
tax-related ordinances cannot be passed as
emergencies in a single meeting, according to
Oregon law.
Although the county court unanimously
passed a motion to approve the ordinance
Dec. 30, the text of the ordinance that was not
read aloud includes blank spaces that were
supposed to be filled in with the dates of two
public hearings and the dates of the first and
second readings. The commissioners did not
sign the ordinance.
County Judge Scott Myers said the county
is getting guidance from legal counsel.
This is the second time the county has had
trouble with a pot tax ordinance. After pass-
ing an emergency ordinance in 2018 to tax
pot sales, Grant County officials rescinded the
ordinance and returned $5,000 to the county’s
sole marijuana retailer, because state law pro-
hibits passing tax-related ordinances as emer-
gencies and requires a pot tax to go to the vot-
ers during a statewide general election.
In a 2019 press release, District Attorney
Jim Carpenter said that “scrutiny by the Blue
Mountain Eagle brought the issue to light,
causing a reconsideration of the legality of the
ordinance.”
Haley Olson of Rocky Mountain Dispen-
sary said she estimates revenue for the county
during the first quarter of this year would have
been around $10,000 to $25,000.
The Oregon Legislature returned
to the Capitol on Monday amid a
raging pandemic that has the Salem
area under an “Extreme Risk” list
for COVID-19 infections.
The 60-member House and
30-member Senate wore face
masks and maintained 6 feet of sep-
aration while meeting in the cham-
bers in the 1938 art deco Capitol.
The agenda was to swear-in mem-
bers, elect leaders and set rules for
the session. The session won’t offi-
cially get underway until Jan. 19.
The rules turned out to be the
main sticking point.
With majorities in both the
House and Senate, Democrats
pushed to begin the session on time.
They argued that the long list of
crises — COVID-19, unemploy-
ment, recovery from the massive
wildfires, police reform and equity
issues — was too pressing to delay.
Lawmakers would use a mix of vir-
tual meetings and hearings, com-
ing to Salem only for final votes on
bills.
“Physical presence is not abso-
lutely crucial,” to have public input,
said Rep. Paul Holvey, D-Eugene.
Democrats noted the rules include
a provision allowing the public into
the Capitol when the infection rates
drop to safe levels. Marion County,
which includes Salem, would have
to move into the “Low Risk” cate-
gory, the bottom of the state’s four
tiers of risk level. The county is cur-
rently in the “Extreme Risk” list, the
highest tier. Infection rates skyrock-
eted in Oregon between September
and today, making the threshold for
reopening unknown, but distant.
The virus has killed more than
1,600 people in the state out of
126,607 cases of the infection.
Nationwide there are over 375,000
dead and over two million killed
around the world.
Republicans argued that public
hearings in the Capitol were neces-
sary to hear from all constituents,
not just those proficient with Zoom
meetings.
Rep. Bill Post, R-Keizer, sug-
gested it would be best to move the
Oregon Capital Bureau file photo
Speaker Tina Kotek, D-Portland and Rep. Paul Holvey, D-Eugene, speak to
reporters during last year’s session.
session start date from January to
April, with lawmakers meeting into
the summer. By spring, lawmakers
could be inoculated with vaccines
and the virus would hopefully be
tamped down from its current spike.
Public hearings might be a reachable
goal.
“Let’s delay the whole session,”
Post said. “Lets just put this thing
off.”
In the meantime, the Legisla-
ture’s Emergency Board, a large
committee of top legislators from
both chambers and both parties,
could deal with anything that needed
immediate attention.
Along a party-line vote, the
rules were adopted. Democrats also
pushed through a rule to fine mem-
bers $500 per day for any unexcused
absences. It was aimed at the kind of
Republican walk-out that killed the
2020 session over a carbon cap bill.
Despite a bruising national elec-
tion, the partisan split in the Legis-
lature barely budged from the 2018
results.
Democrats lost one seat in the
House, but still have a 37-23 edge
over Republicans. The super-major-
ity of 60% of the seats allows Demo-
crats to pass taxes and other financial
bills without GOP votes.
The Senate retained its 18-12
Democratic super-majority, though
one Republican seat is currently
vacant and will be filled by appoint-
ment soon.
Among the new lawmakers were
winners of races that flipped districts
from one party to another.
Rep. Jason Kropf, D-Bend, is the
first Democrat in a decade to repre-
sent House District 54. Republicans
had held the seat in five straight elec-
tions despite an ever-growing voter
registration edge for Democrats.
The streak finally ended in Novem-
ber when Kropf defeated Rep. Cheri
Helt, R-Bend.
Underlining the importance of
the Democratic foothold east of the
Cascades, Kropf, 50, was given the
plum assignment of vice-chair of
the House Committee on Economic
Recovery and Prosperity. Freshmen
rarely are assigned a ranking posi-
tion on committees. The panel will
be the main House funnel for recov-
ery from COVID-19 and wildfires
that burned over 1 million acres.
Kropf said he got a firsthand pre-
view of the tasks ahead when he
drove over the Cascades from Bend.
The route to Salem took him past
scorched earth and some of the 4,000
homes that were destroyed statewide.
He arrived at an empty, locked-down
Capitol, which has been closed since
March due to COVID-19. Inside were
legislators, a skeleton staff, police and
journalists.
“It showed how much work we
have to do to get the state to bounce
back,” Kropf said in an interview.
“We have to make sure everyone
gets healthy.”
Kropf said the prosperity part of
the committee name means getting
businesses back on their feet after
nearly a year of on-and-off restric-
tions. Fixing the hobbled unem-
ployment benefits system and get-
ting children back to classrooms are
also priorities.
On the other side of the political
aisle is new Rep. Suzanne Weber,
coastal House District 32, last held
by Rep. Tiffiny Mitchell, D-Asto-
ria, who did not run for re-election.
Weber, the former mayor of Tilla-
mook, defeated Democratic candi-
date Debbie Boothe-Schmidt, cap-
turing the coastal district for the
GOP.
When her name was read in
the first roll call, a happy Weber
answered, “I’m here!”
In an interview during the lunch
break of her first day in office,
Weber said learning the ways of the
Legislature was “challenging but
exciting.”
Weber said she supported
Post’s idea of delaying the session
until spring and continue through
summer.
“There’s nothing so earth shat-
tering that we need to do right
away,” she said.
Weber said she hoped that law-
makers won’t depend on vir-
tual public hearings for the entire
session.
“When we went to online learn-
ing in Tillamook County, we lost a
lot of kids,” she said. “Not everyone
has access to the internet. I think
if public hearings are all online,
we’ll have the same problem. Peo-
ple without access to the internet
won’t be able to testify. That doesn’t
sound like government ‘by the peo-
ple and for the people,’” she said.
Weber, 74, is also among a sig-
nificant number of legislators who
because of their age are in at-risk
categories for severe illness or
death if they become infected with
COVID-19. No Oregon legisla-
tor was infected during three short
special sessions at the Capitol
during the pandemic. But the lon-
ger regular session will mean more
exposure.
Nationwide, 138 state lawmak-
ers have tested positive for COVID-
19 and seven have died through last
Friday, according to a list compiled
the political website Ballotpedia.
Weber said she plans to intro-
duce legislation to improve broad-
band internet service, and over-
haul the Employment Department
so that future logjams of benefits
won’t happen again.
COPS AND COURTS
Arrests and citations in
the Blue Mountain Eagle are
taken from the logs of law
enforcement agencies. Every
effort is made to report the
court disposition of arrest
cases.
Grant County Circuit
Court
Travis M. Bryers, 21,
pleaded guilty on Jan. 7 to a
count of third-degree crim-
inal mischief committed on
Oct. 5. He was sentenced to
12 months of bench proba-
tion, and to pay $125.60 to
Sean C. McGee in compensa-
tory fines. A count of menac-
ing was dismissed.
A count of menacing con-
stituting domestic violence, a
count of second-degree disor-
derly conduct and a count of
second-degree criminal tres-
pass against Thomas R. Tay-
lor allegedly committed on
June 5 were dismissed on Jan.
7, 2021, based on a motion
by District Attorney Jim Car-
penter stating the victims in
the case have become unco-
operative and are actively
supporting the defendant to
the extent that they appear to
commit perjury on his behalf.
Also, two counts of harass-
ment against Taylor allegedly
committed on Dec. 24, 2019,
were dismissed on Dec. 30,
2020, based on a motion by
Carpenter stating the victim is
actively supporting the defen-
dant and is no longer working
with the state.
Grant County Sheriff
The Grant County Sheriff’s
Office reported the following
for the week of Jan. 7:
Concealed
handgun
licenses: 8
Average inmates: 11
Bookings: 9
Releases: 6
Arrests: 2
Citations: 0
Fingerprints: 3
Civil papers: 13
Warrants processed: 5
Assistance/Welfare check:
1
Search and Rescue: 1
Grant County Justice
Court
Violation of basic rights:
Jennifer L. Nonweiler, 41,
Bend, Dec. 8, 70/55 zone,
fined $140; Rossella J. Pogue,
56, Kimberly, Dec. 15, 75/55
zone, fined $165; Henry Choy,
51, Foster City, California,
Dec. 10, 73/55 zone, fined
$165.
Exceeding speed limit: Tif-
fany D. Ratchick, 38, John
Day, Dec. 10, 37/25 zone, fined
$165; Tori J. Iske, 57, Can-
yon City, Dec. 24, 39/25 zone,
fined $165; Jordan D. Davis,
32, Portland, Dec. 29, 42/30
zone, fined $165; Chance O.
Goertzen, 32, Baker City, Dec.
3, 48/35 zone, fined $165;
Thomas D. Meyers, 74, Bel-
garde, Montana, Dec. 8, 58/45
zone, fined $165.
Driving while suspended:
Levi W. Fine, 26, La Grande,
Dec. 22, fined $440; James E.
Jewell, 38, Prairie City, Feb.
18, fined $440, March 30, fined
$440, April 9, fined $440, Sept.
30, fined $440; Cameron R.
Escobar, 22, Mt. Vernon, Dec.
17, fined $440.
Driving uninsured: Levi
W. Fine, 26, La Grande, Dec.
22, fined $265; James E. Jew-
ell, 38, Prairie City, March 30,
fined $265, April 9, fined $265,
Sept. 30, fined $265.
Failure to drive within lane:
Robert R. Waasdorp Jr., 64,
Hines, Dec. 23, fined $265.
Registration
sticker
expired: Levi W. Fine, 26, La
Grande, Dec. 22, fined $115.
Operating without proper
fenders: Matthew D. Ogan, 21,
Sisters, June 1, fined $165.
Failure to install interlock
ignition device: James E. Jew-
ell, 38, Prairie City, Feb. 18,
fined $440, March 30, fined
$440, April 9, fined $440, Sept.
30, fined $440.
Open container of alcohol:
James E. Jewell, 38, Prairie
City, Feb. 18, fined $265.
Jan. 2: A state trooper
responded to a noninjury roll-
over crash near milepost 197
on Highway 26. A small pickup
was eastbound on Highway 26
when the driver lost control on
the slick pavement. The pickup
crossed the oncoming lane on
a corner and rolled. The pickup
came to a stop against a large
tree. The driver and passenger
were uninjured and were given
a ride into John Day by a pass-
erby. The vehicle was towed
by Frontier Equipment to John
Day.
Oregon State Police
Dispatch
Dec. 28: A state trooper
assisted Grant County deputies
in contacting Lucas M. Klum,
42, of Redmond for a felony
warrant for his arrest in Mt.
Vernon. Klum initially hid in a
bathroom, and other occupants
of the house denied police
entry into the residence. Klum
eventually came outside and
was detained by deputies. The
OSP trooper took custody of
Klum. OSP dispatch confirmed
the warrant out of Deschutes
County. OSP transported Klum
to the Grant County Jail where
he was lodged.
John Day dispatch worked
145 calls during the week of
Jan. 4-10, including:
• John Day Police
Department
Jan. 4: Advised of a theft
at a business on West Main
Street.
• Oregon State Police
Jan. 4: Dispatched to an
incident of a vehicle versus
horse.
Jan. 5: Requested for a deer
stuck in a fence on Humbolt
Street.
• Grant County Sheriff’s
Office
Jan. 5: Received a report
of criminal mischief on Sun-
set Road.
Jan. 6: Received a report of
theft on West Ninth Street.
Jan. 8: Received a report of
theft on North Fork John Day
River Road.
Jan. 9: Dispatched to a
report of theft on South Adams
Road.
Jan. 9: Along with OSP,
responded to a report of a
party in Long Creek. Miranda
Cook, 19, of Monument, Mat-
thew Upton, 18, of St. Helens,
and one juvenile were cited for
minor in possession of alcohol
on East Fourth Street.
• John Day ambulance
Jan. 6: Paged for a 30-year-
old man with chest pain and
difficulty breathing.
Jan. 10: Responded for
a 53-year-old with a possi-
ble diabetic issue on Humbolt
Street.
Jan. 10: Requested for an
86-year-old woman who had
fallen.
• Seneca ambulance
Jan. 7: Along with John
Day ambulance, responded for
a patient with an injured knee
on B avenue.
NO MORE GUTTER CLEANING,
OR YOUR MONEY
BACK GUARANTEED!
CALL US TODAY FOR
A FREE ESTIMATE
S223736-1
Timeshare Cancellation
15 %
Get your free information kit
and see if you qualify:
Subject to Credit Approval
Mon-Thurs: 8am-11pm, Fri-Sat: 8am-5pm, Sun: 2pm-8pm EST
S225309-1
ADD TO YOUR PACKAGE FOR ONLY
19 . 99
$
/mo.
where available
2-YEAR TV PRICE GUARANTEE
FREE TOWING
TAX DEDUCTIBLE
America’s Top 120 Package
MO.
Help Prevent Blindness
Get A Vision Screening Annually
Including Local Channels!
CALL TODAY - For $100 Gift Card Promo Code: DISH100
1-866-373-9175
Ask About A FREE 3 Day
Vacation Voucher To Over
20 Destinations!!!
S225310-1
190 CHANNELS
for 12 Mos.
Off er valid December 15, 2020 - March 1, 2021
*To qualify, consumers must request a quote, purchase,
install and activate the generator with a participating dealer.
Call for a full list of terms and conditions.
OFF
TO THE FIRST
50 CALLERS! **
Blazing Fast
Internet!
1-844-533-9173
7-Year Extended Warranty*
A $695 Value!
5 %
*For those who qualify. One coupon per household. No obligation estimate valid for 1 year. ** Offer valid at estimate only. CSLB# 1035795
DOPL #10783658-5501 License# 7656 License# 50145 License# 41354 License# 99338 License# 128344 License# 218294 License# 603
233 977 License# 2102212986 License# 2106212946 License# 2705132153A License# LEAFFNW822JZ License# WV056912 License#
WC-29998-H17 Nassau HIC License# H01067000 Registration# 176447 Registration# HIC.0649905 Registration# C127229 Registration#
C127230 Registration# 366920918 Registration# PC6475 Registration# IR731804 Registration# 13VH09953900 Registration# PA069383
Suffolk HIC License# 52229-H
DONATE YOUR CAR
877-557-1912
Special Financing Available
SENIOR & MILITARY
DISCOUNTS
Promo Number: 285
855-385-4473
+
OFF
Imagine The Difference You Can Make
REQUEST A FREE QUOTE!
FREE
10 %
YOUR ENTIRE
PURCHASE *
S225308-1
Prepare for unexpected
power outages with a
Generac home standby
generator
AND!
OFF
1-855-536-8838
S225311-1
Offer ends 1/31/21.
All offers require credit qualification, 24-month commitment with early termination fee and eAutoPay. Prices include Hopper Duo for qualifying customers. Hopper,
Hopper w/Sling or Hopper 3 $5/mo. more. Upfront fees may apply based on credit qualification.
S225312-1