At the April 23rd board meeting Commissioner Sam Patrick requested a change to the Oath of Office taken by County Commissioners, saying he would like to add “and Clatsop County” after “laws of Oregon State”. Patrick said he would like to add those words as Clatsop County has some ordinances and laws that are different from the State of Oregon. Counsel Henningsgaard suggested counsel review the change believing the oath of office to be a statutory requirement. County counsel must look at such requests to see if there are inconsistencies. For instance, Clatsop County does not have laws that are “different” than the State of Oregon, it does have laws in addition to the State of Oregon. An elected official cannot take an oath that would have them swearing to uphold the laws of the state and the county if the laws of the county were “different” (contradictory) than the state’s.
The current oath reads:
I ___________________ swear that I will support the Constitution of the United States of America, and the Constitution and laws of the State of Oregon and that I will faithfully and honorably conduct myself in the office of Clatsop County Commissioner for District _________ to which I have been appointed to the best of my ability so help me God.
County counsel proposed that the oath could be amended to provide:
I ___________________ swear that I will support the Constitution of the United States of America, and the Constitution and laws of the State of Oregon, that I will support the Charter and ordinances of Clatsop County and that I will faithfully and honorably conduct myself in the office of Clatsop County Commissioner for District _________ to which I have been appointed to the best of my ability so help me God.
In a letter to the Board, counsel goes on to state, “The Oregon Constitution requires that elected or appointed officials ‘take an oath or affirmation to support the Constitution of the United States and of this State, and also an oath of office‘ (emphasis made by counsel). Article XV, Section 3.” Counsel goes on to state further, “It is possible that in the future a Commissioner may prefer to affirm rather than swear to his oath of office.”
The Board discussed the proposal with Commissioners Hazen and Roberts expressing concerns about the reasoning behind needing it. Roberts asked County counsel if there would be a conflict if a Commissioner were to voice an opposition to a county ordinance that they felt was bad. Counsel replied, that it would be the same as voicing a concern of a state law that a Commissioner was hoping to see changed and would not present a conflict. Counsel stated that the Commissioners were already bound to follow county law because state law states that they must follow county laws, the addition would emphasize it. Commissioner Samuelson said she didn’t see a need for it since, essentially, they were already promising to follow the county laws by promising to follow state laws. The Board voted 3-1, with Samuelson voting nay, to adopt the new oath.
Ironically, Patrick, at the previous BOCC meeting, made a recommendation that would disregard Clatsop County’s Charter with its clear instructions on how vacancies on the board are to be filled, by proposing that the Clatsop County Board revise the way the county replaces commissioners. The Charter states, “The Board shall appoint a person qualified to be elected under Section 1 to fill the unexpired term of the vacated position within 45 days of the Board’s declaration of a vacancy.” It does not provide for the Board to do otherwise. In Chapter VI. Section 3 the Charter states that it is the voters who may amend the Charter. The Board cannot revise how vacancies on the board are to be filled.
Another bone of contention that has come up repeatedly in the past year with Commissioner Patrick has been his reluctance to vote on issues, remaining silent and forcing the Chair to resort to a formal roll call before stating a “yea” or “nay” to the proposal before the Board. Yet, the Charter states: (F) No commissioner present at a Board meeting shall abstain from voting without first disclosing the reason for the abstention (Chap 3, sect 5, emphasis added).
Commissioner Patrick stated that the reason that he felt the additional words were needed was so that each of them would remember their obligations.
In other county news:
During business with the public the Board heard from John Wallape who protested the county adopting a “media policy”. Wallape felt that the restrictive way the policy could be written would invite court challenges as well as leave County with only one voice, the Daily Astorian, representing it.
Jean Dominey wanted (and received) clarification that the Board would continue to take input as from the community regarding recommendations to fill the vacated District Three seat. See related story.
Sheriff Bergin gave a brief synopsis of the Deadly Force Plan mandated by Oregon state law. Chair Roberts pointed out that Clatsop County was in compliance with the law before it became mandated. The Deadly Force Protocol Task Force met on March 24, 2008 and after taking comments from a group of citizens that included police officers, mental health professionals, and an advocate for the mentally ill, wrote the protocols and presented them to each city council and the county commission at which time they were adopted.
Administrators Notes
Ed Wegner (Parks), Steve Meshke Parks Foreman, Barry Simms (contractor, forester for salvage) talked about some of the salvage sales and properties identified for possible upcoming sales which may have to be postponed because of possible nesting eagles.
Nicole Williams, assistant county manager, discussed the arrangement made with Oregon Department of Transportation regarding the grant of access for the North Coast Business Park. The “Alternate B” road access was decided on which eliminated the need to close Dolphin Road, which had been a concern for many of the businesses located on that road.
Commissioner’s Reports
Hazen reported hearing from Henry Balensifer with Oregon 150. Balensifer is a Warrenton High School graduate who is currently attending George Fox University in Newberg, Oregon. He is the founder and public representative of WarHF, Inc., a non-profit corporation dedicated to promoting fisheries restoration and education in the Northwest. Balensifer told Hazen that there were grants available totaling $50,000 for outdoor educational/recreational programs that tied into Oregon’s Sesquicentennial. Hazen passed the information along to the County’s Recreational Lands Advisory Committee.
Patrick reported on the FERC meeting regarding the new FEMA flood maps and appeal process. Patrick also asked for a work session with representatives from all of the water districts as well as local and state representatives to talk about help for smaller water districts. Patrick and County Manager Derickson will work on an agenda and who to invite to the work session.
Samuelson reported on a meeting that Roberts and Samuelson attended with Pat Burness regarding the status of non-profits in the area. A work session with all of the non-profits and the Commissioners may help bring awareness to how a better job can be done with what we have, collaborating and not duplicating work, possibly not going for the same grants, so forth. Samuelson briefly discussed the frustration that many non-profits feel in struggling for the same grant monies against other local non-profits.
Samuelson also gave an “Atta-boy” to Bruce Connors hard work with the cruise ships that are once again making their stops at the Astoria port, spending dollars in Astoria and in south county.
Roberts reported that she presented an award to Oregon Community Foundations for their help in dispersing monies collected during the December Storm.
No comments:
Post a Comment