C V Page 2-TIIE C AZETTE-TIMES-Heppner, OR, Thursday, Oct. 21, 1976 MI l' l i' i A - chool board hires new instructor The Morrow County School Board accepted one resigna tion, hired one staff person and okayed a civic proposal to . put a track in lone Monday night ! The school board accepted , the resignation of Mary Fish- er, an English teacher at lone. ; They also hired Leanne Wil kes, a title I instructor for A.C. Houghton Elementary school in Irrigon. Wilkes will replace John Shimp, who has moved to a first grade post there to take on increased enrollment The Cardinal Club, a boost er organization, requested an okay from the board to go ahead with a proposed $22,000 project for a track at lone. At. present there is no track facility, at lone. The project would entail fund raising and volunteer work. In other business the board: approved Kansas City life, insurance tax shelter annuity plan, if the salesman could get ten interested persons. accepted a resolution from Greenfield Grange, Boardman, for the school board to look into possible sites for future school build ing. approved a Spanish field trip. Heppner, Boardman stu dents will be traveling to Mexico during spring vacation at no expense to the school board. Students granted ex tra day for recuperation if necessary. approved a leave of ab sence to Ines Meader for one year from her fourth grade post at Heppner. decided to increase main tenance and repair on older district vehicles for continued use. The next budget will THE GAZETTE-TIME FHitprinl & Viewpoint McCoy endorsed William McCoy receives the Heppner Gazette-Times endorsement for Morrow County Com missioner for various reasons. McCoy, the incumbent Republican, has a history in politics, from school board to his present commissioner role. He has the ability and know how that is necessary to perform the duties of this office. His op ponent, Willard L. Miller, does not have the experience or know how. His only political background concerns plumbing associations. Although in four years with some study Miller may be ready, we believe that he is not suited for this position this year. McCoy, on the other hand, with a couple years as commissioner behind him, has worked will with the county court as a check and balance type guy. We support McCoy as the people's choice for Morrow County Commissioner. wcp Tail wagging dog ? Will the tail start wagging the dog That's a questioa that could be answered at the outcome of the year s election for county judge. Two me. are running. Both have Integrity and fortitude. Both are solid men with the capabilities of attaining and presiding over this particular governmental body. There is bo questioa there. The question lies in the voter turnout. Voters know what happened to the school budget last year. The south end dumped the budget try. but voters in the north end saved it. Will it happen during this Judgeship election? ..,., Dan Creamer to a man who wiU stick to his norms. If elected, he would probably run the county efficiently. JPanl Jones ha. experience. He ha. consistently, for 1 years, been at the steering wheel of the county and ha. bad no major accidents. "dviteVtbeitio. that he has kept the county budget within the six per cent limitation. He's prouil I of that Creamer says that maybe staying within that budget to not relevant In the 1970s. Maybe more county services wold be better, he says. "ttere qualified. Both me. are capable. And both men will have voter clout behind them: Creamer in the north. Jones in the south. The question is. which one will have more? wcp Total voter turnout will tell the tale. Letters Parrish endorsed Editor: I regret the fact that on November 3 I will not be a registered voter in Morrow County, and therefore will be unable to cast an additional winning vote for Sadie Parrish, candidate for County Clerk. Unfortunately, I must remain in Portland and elect Che proper candidates here. I wish Mrs. Parrish a good campaign, and the best of luck during her new term in office. Sincerely, Greg Davidson 3230 S.E. Morrison Portland. OR 97214 LCDC Bill not unique Gazette-Times, Editor: Oregon's L.C.D.C. (S B. 100) is not unique as some would have you believe. It stems from Public Law 90-577 90th Congress. S 698 passed October 16. 196. This act gave the President (Nixon) the authority to establish rules and regulations In providing federal revenue sharing assistance to state and local govern ments In order to control (1) land use. 12) conservation of natural resources, (3) all methods of transportation. (4) outdoor recreation, (S) scenic protection. (6) community facilities (garbage and sewage disposal, etc.). and (7) design standards for all structures. Nixon yielded these law making powers lo his appointees in the Federal Regions per section 403 of the Act. The states or communities which refuse lo go along with mandated goals are lo be denied Federal Revenue Sharing r uitu This is economic blackmail and to add insult to injury they're using our tax dollars to force us into submission. All fifty states are under tremendous pressure lo adopt Identical Federal goals. This is Regionalism in action, the centralitation of Federal control over ail property and its development, regardless of location, anywhere In the United States. Its (Federal land control) authority would supersede state and local laws. The greatest treasure you and I can leave our children is freedom of choice. Free men can vote themselves Into slavery; slaves cannot vote themselves free. Vote yes on ballot measures 10 and 12 on November 2nd. Ed Taylor 90937 Alvadore Hd Junction City, OR I74U a THE GAZETTE-TIMES The official aentpaper W the C It r of llrponer and Ike ('mint G.M.Reed.PublWlier 4 Mare Weed, t antliber WUC.I'alaeev. rnilae Punched ecr Thursday and entered a a second cla wslter al the e at Heppner. In-egim. under the art of March 3. I7t. Herond Ism pna(e paid ( llepnner. Ihen. include money for two, 68 passenger buses and one, 30 passenger bus. accepted bids on three buses. Western Bus Company of Gresham had the bid on a 66 passenger bus for $17,594.72. Shetky Bus of Beaverton had the low bid on a body for a 54 passenger bus at $6,215.86 and the body of a 30 passenger unit at $4,787.94. Morrow County Grain Growers had the bids on the chassis for the 54 passenger bus at $10,015 and on the 30 passenger at $8,840. There were 34 bids. Bank Names Manager John L. Van Winkle, Her miston, will be the branch manager of the new offices in Boardman and Heppner of First Federal Savings & Loan of Pendleton, announced Rob ert W. Reese, president. Van Winkle, a long time resident of Heppner, comes to First Federal from the con sumer finance industry. He John Van Winkle previously worked at Rose burg and has attended South ern Oregon College at Ash land. "We are very enthusiastic about John coming to First Federal." Reese said. "He has the solid background in fi nance we need as well as being a citizen of the area for many years. These are the neces sary ingredients for First Federal to serve the area in the manner consistent with the company's goals." Reese said the offices should be open for business by early December. "Until that time, business can be conducted through our Hermiston of fice," he noted. Van Winkle ia married and has one child. He assumed his new duties with First Federal on Monday. CBEC Checks sent Checks are being received by many Columbia Basin Electric Coop members this week. The payment represents patronage credit refunds for the year of 194 on currently active accounts. These pay ments will total $18,794 30. Those members who have moved away or have "dis connected" certain accounta will be paid the patronage credits on these Inactive accounts In 1977. A lotal refund has been paid the members In patronage credits of $172.8.77 over the years Of this amount. $'M.44I was paid In 1974 and 1973. Much of the 1964 patronage credits has previously been paid to decedent estates. The 1SWV4 patronage credits repre sents stout II 2 per cent of the total revenues of that year. For lho members served by another company prior lo May of 1964. only billing from May through December Is ccmcrroed with the refund. The refund has the effect of further redwing the "net" paid the (W-p by the mrnv iwrs fp thargf per kh jjrni t rtl rair !it luiet reached an all time low the past fiscal year for II CVp salr to members Dennis Doherty District Attorney Editor's note: The Heppner Gaiette-Tlmes recently published an Informative article calling the public's attention to many of the problems associated with the lack of a Jail or lockup facility In Morrow County. That article spsrked the public Interest and has led to a call for answers to several questions. . Why are we not able to use the Jail facility we have? Does the absence of a Jail facility adversely affect the public and law enforcement? If a Jail facility Is desirable, what alternatives do we have? The Gaiette-Tlmes has Invited Dennis Doherty, Morrow County District Attorney, to address these questions. The following article Is the first of several which will appear In this paper on these subjects. WHY ARE WE NOT ABLE TO USE THE JAIL FACILITY WE HAVE? Authority to provide and operate Jails hss always been vested in local city and county governing bodies. The cities in Morrow County, so fsr as I know, have always utilised the county's Jail facility rather than operating separate municipal jails. Historically, the legislature and the Judiciary did not interfere with the local governing bodies where jails were concerned. For the most part, the only check and balance was provided through the periodical Inspections which the Grand Juries were expected to make of the jails. Upon finding shortcomings, the Grand Jury would Issue a special public Jail report and It was assumed that the responsible officials would then make necessary cor rections. ..Needless to say. these corrections were not always made. As a result, prisoners began pressing lawsuits against officials responsible for Jails. These lawsuits were based upon constitutional due process claims and upon a provision of FEDERAL law which imposes civil liability upon officials who conspire or otherwise act to deprive persons of constitutional rights under the color of local law. The federal law in question was enacted shortly after the Civil War and was designed to provide a legal remedy to blacks who continued to be deprived of rights which the Civil War and 14th Amendment to the Constitution should have secured. II should not be surprising that the prison and jail rrform efforts were Initially concentrated la the South and that they correspond In timing with the Civil Rlghta movement' of the I96's. As a consequence of the lawsuits, a body of court law was developed. The constitutional rights of prisoners were delineated, including their right to safe and sanitary jail facilities. Since the rights were found to be traceable to the United States Constitution, the jail reform movement quickly spread to the other states In the Union, Including the State of Oregon. The Legislature, as Is often the case, entered the act and. in the 1973 Session, enacted what Is commonly know, as the Minimum Jail Standards Bill. This BUI requires every Jail in the state to comply with ten minimum standards. These Include: 24-hour supervision; hourly personal Inspections: three meals a day to be served at reasonable Intervals within the Jail; no physical punishment at any lime; a facility safe and secure In accordance with the Uniform Building Code of the International Conference of Builders, etcetera. The Bill also authorised the state Corrections Division to inspect Iocs I Jails "...to Insure compliance with the standards...." and set forth a procedure to enforce compliance. At the present time. In addition to the Grand Jury and Corrections Division, the county health officer and the county courts are alio charged with duties to Inspect the Jails for beslth and sanitation compliance with all laws. Morrow County's jail facility has bee. found by the Corrections Division to be deficient In a large number of particulars. These deficiencies relate chiefly to prisoner health and safety, to non-compliance with the minimum standards, and to the lack of safety features for the officers who hive to handle the prisoners. They do NOT relate to prisoner comforts beyond those which the legislature has esUblisbed as a legal minimum. These deficiencies were previously elaborated I. the article I. the Gaiette-Tlmes edition of October 1. Armed with newly defined constitutional rights, federal law and, now. the Minimum Jail Standards Bill, prisoners and Ihelr spokesmen have launched what sm mints to a forceful and determined offensive to enforce their new status. The Board of Police Standards and Training has advised us that a new spate of lawsuits to snaking the rounds In the stale and thai these bode further 111 for as. Lorsl officials, for many years, stood firm against prisoner demands for better Jail facilities and mere liberal Jail privileges. We are not happy about the legal developments which make It Impossible to continue to tlllie our Jail. Neither art we pleased with the federal courts. Congress or eve. the Sisle Legislature, all of whom have made their determinations In a sterile academic environment far removed front tht reality and the people whom their decisions adversely affect Obviously, however, officials al the local level art not I. a position to disregard the law, a or does It appear thai we art In a position to change K. It should be equally obvious that If e lasUted an Msing the present Jail facility we would be assuming an unjustifiable risk of liability. This liability would attach personalty to tht ffklals tctponsible to OPERATE tht Jail and publicly to the local government responsible to PROVIDE AND MAINTAIN the jail. Neither risk Is arrestable. In summary, federal court interpretations nf the constitution and Congressional and stale legislative enactments have brought the law to the point nhert It Is nn longer possible toutitiie our jail. Thus, we art forced to being our Jail ap In legal standards or to continue to use alternative to a fecal jail ftrlllty. M XTMH Ki loe the atxeart nf a jail facility ad tersely effect law enforcement and the jmiMIc? Ienni I). Doherty tMitrkt Attorney Moerew fnnaty