Heppner Gazette-Times, Heppner, Oregon Wednesday, February 26, 2020 -- THREE
Guest Editorials
Drug testing and
criminal back-
ground checks
Two of the most common questions
from employers involve drug testing and
background checks.
There are several resources available
to help protect employers, with the most
obvious and best choice being to consult
with an attorney.
The Bureau of Labor and Industries Greg Smith
(BOLI) website also provides valuable
technical information (citing Oregon statutes) for em-
ployers, including legal hiring practices, new and ex-
isting employment laws, as well as upcoming employer
training. Their website has a frequently asked questions
page which provides specific information on both drug
testing and criminal background checks, among other
important topics. They also have handbooks for sale on
a variety of subjects and required posters available. Note,
it is advised that employers seek the assistance of BOLI
before implementing policies rather than following a
problem or misstep.
Regarding drug testing, the BOLI website states,
“The Oregon civil rights laws don’t specifically address
the drug testing of employees. But the absence of specific
statutes in this area doesn’t mean that employers have
carte blanche to conduct the drug tests in every situation.
In fact, while it is generally legal for employers to conduct
drug tests, you should proceed very carefully, because this
type of testing can infringe on an employee’s common
law (and for public sector employees, constitutional)
privacy rights.”
BOLI also has this to say about criminal background
checks. “Under Oregon’s ‘ban the box’ statute, it is an
unlawful practice for an employer to exclude an applicant
from an initial interview solely because of a past criminal
conviction. ORS 659A.360(1). That means an employer
may not require an applicant to disclose a criminal con-
viction on a job application or prior to an initial interview.
If the employer doesn’t conduct an interview, it may not
require an applicant to disclose a criminal conviction
prior to making a conditional job offer. Review generic
employment application forms – especially those found
online or at office supply stores – to make certain they
do not include any question on criminal history. With a
few narrow exceptions, employers may no longer ask
questions about criminal convictions at the early stages
of the hiring process.”
In addition to BOLI, Human Resource Professional
Associations, which can be found with a simple Google
search, are additional viable options to help employers
avoid common pitfalls.
If an employer decides to require testing or a back-
ground check, who conducts it? It’s recommended that
employers investigate whether a local hospital or clinic
provides these services and what the fee is. There are also
nationwide drug testing companies, but it is usually best
to use local resources which often are cheaper. Employers
may contact the sheriff’s department, state police, or even
the FBI to see what services they provide, and the level
of background check needed for a particular position.
Remember, fees are most likely involved.
Again, meeting with an attorney well versed in em-
ployment law is highly recommended.
Greg Smith is the director of the Eastern Oregon
University Small Business Development Center located
at 1607 Gekeler Lane, Room 148 in La Grande, OR.
SWCD to meet
Morrow SWCD will meet Tuesday, March 3 at the Ag
Service Center in Heppner beginning at 6 p.m. Agenda
items include comments from the public, minutes of the
June meeting, financial report, partner reports and staff
reports.
Meetings of Morrow SWCD are open to the public.
For questions or more information, contact Kevin Payne
at 541-676-5452 ext. 111.
Heppner’s 2nd
Annual St Pat's
Polar
Plunge
Saturday March 14th
Willow Street
(area of Gazette-Times office)
Registration at 10am
Plunge begins at 11am
$20 entry fee goes to
Fuzz Ball Pet Rescue
Register at eventbrite.com
or the day of the event
Call 541-561-3337 for more info
Cost of ‘Progress’
By Morrow County Commissioner Jim Doherty
As I sit here in contemplation, I won-
der if a better heading would be, “Pitfalls
of Lack of Planning.” I hear indirect sug-
gestions and oft times, I am asked straight
up, if I am, “business friendly.” We are in
robust times here in Morrow County, the
same could not be said twenty years ago.
Relative to some other counties, we are Jim Doherty
blessed with an almost embarrassment of
riches. And no one, myself included, wants to roll back
the clock.
Where once we were solely dependent upon cattle,
sheep, wheat and timber, we have expanded to include
processing, green energy and data storage; the last one,
in the form of Amazon. We have become quite smitten
with them, and they with us. Don’t get me wrong, there is
nothing fundamentally wrong with a lucrative partnership.
Provided of course, that the progression comes with the
requisite planning and neither side becomes blinded by
the windfall.
Roughly 18 months ago, with almost certain side
discussions ongoing, Boardman’s Planning Department
was cajoled into setting aside 80 acres designated for
housing and a much-needed commercial sector. The ask
was to rezone as strictly industrial. Within weeks, the
ink was dry on another data center contract and the dirt
was flying. In the haste, a few things were overlooked.
Amazon was pushing to store things in the cloud, folks
on this side of the equation were on cloud nine.
The initial welcome wagon omitted some finer aspects
like for instance, an address, an access, lack of available
power and the need for the city to either push forward with
a still much needed IAMP, or Interchange Area Manage-
ment Plan. This would have allowed construction staff
and personnel the ability to reach the site on the frontage
road. The second option was to loop them into the area
via Oregon Trail Boulevard. Instead, the few that perhaps
had something to gain, and the municipality handed this
unmitigated disaster off to the county. Not wanting to curb
the enthusiasm, we did our best to literally pave the way.
There remained a couple of challenges: how to
get our partners to their site and how to work with the
utilities who were directed to, “get us power.” With the
city reluctant to find an avenue, the onus was put on the
county to route them past the unsuspecting parishioners
and un-noticed residents of Olson Road. Within minutes, I
was given a right proper tongue lashing by a resident who
subsequently sold his quiet property on Olsen and moved.
Fast forward to my last week. I sat down with three
different constituents. The first, a rather pragmatic pa-
rishioner who relayed that he had heard back from the
Catholic Bishop that we were on a quest to condemn the
church property in favor of accommodating arguably the
richest company in the world. He went on to ask why they
were not noticed in the land use decision, why no one
asked them to stop building their shrine on the corner of
Olson and Wilson and why, after repeated pleas that we
leave them to their peace, we are still seeking to negotiate.
The second was not so controlled and collected. With
tears welling, she struggled in broken English past a lump
in her throat, to describe how her family had poured their
hearts and meager savings into the shrine of reflection and
prayer outside the church. How that shared sacrifice with
others, despite language barriers had drawn the faithful
together. With a touch of hope she asked me if we were
seriously considering destroying their garden. And with
her resolve returning, she asked me if our meetings could
accommodate several hundred God fearing Catholics?
I assured her that there was little chance that two other
commissioners, of her same faith, would subject them
to this castigation. Rest assured if it was largely white,
Irish, Catholic, worshippers it would never be considered.
The third was perhaps the hardest hitting for me.
Past Judge, Terry Tallman and his wife Cheryl had asked
me to come by for a visit and a cup of coffee. He is the
longest standing leader Morrow County has had. He
presided as the county judge for almost twenty years.
He shepherded us through tough times and helped craft
some tax abatement programs and incentives that have
led us to this time of plenty, if not fulfillment. Now one
of the programs he assisted in developing is weighing
heavily on his family. The tax abatement program that
Amazon found to its liking now threatens the beautiful
garden he annually creates. It seems he and his garden sit
in one of the preferred routes for the utility to serve the
data center. As we visited, Terry and Cheryl were both
preoccupied by the sudden bout of respiratory challenges
of Mr. Tallman senior, who had heretofore been, despite
being in his nineties, fit as a fiddle. Judge Tallman too,
as his son relayed to me, has encountered some sudden
irregularities in his wellbeing. “Stress,” the Judge says,
“is not what I hoped for in my retirement, to my garden.”
In the upcoming weeks, both Commissioner Lindsay
and Commissioner Russell will embark, each respec-
tively, on separate visits with our utility partners and the
Church hosts free
Friday movie
This month’s free Fri- Hopeful Saints Ministry,
day night movie, hosted by will be shown Friday, Feb-
ruary 28 at the All Saints
Parish Hall beginning at 7
p.m. The new release film,
rated PG-13, portrays the
riveting story of a young
woman who launched the
underground railroad that
brought so many slaves to
freedom in the north.
Everyone is welcome.
Pizza and beverages will be
provided. More information
is available by calling the
church office at 541-676-
9970.
Bishop of the Catholic Diocese. For reasons of public
meeting laws each will lead a contingent from the county
to brainstorm and craft any and all manner of resolution
that avoids any horrific action either by the county or
anyone seeking to service this unplanned development.
At least that is my ardent demand and desire. It is at this
juncture that I remind you that I am only one of a three
speared body, so please reach out to them and lend your
support. On their return, we will openly discuss the best
path forward, or the potential that no path forward exists.
I will vehemently oppose any measures that seek to move
forward at the disregard of our brethren.
I was raised in the Catholic faith, spent almost fifteen
years as an altar boy at St. Helen’s parish. The rubrics of
the Mass ingrained in my head by a gruff Father O’Brien.
And the notion of, “Whatsoever you do to the least of
my brothers, that you do unto me”. I have not been as
faithful in recent years. I think the last time I was at the
church was at the funeral of Shirley Zielinski. My mother
was born and raised not far from where I now live. She
attended 12 years of school at the old campus that gave
way to the floodwaters of the John Day pool. My mother
and Shirley were dear friends. They never had, nor had
a need, for a lot of earthly riches. Yet at times, I wonder
if they both weren’t far more prosperous in their souls
than we ever will be.
Even as I write this I see on my social media where
Jeff Bezos just spent $165,000,000 on a Los Angeles
mansion. And I am fielding questions from constituents
concerned that I will take, or allow their property to be
taken. The answer is never, Dear God, never. And I pray
that neither I nor my fellow commissioners are ever that
“business friendly.”
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