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HomeMy WebLinkAbout05/15/1990 - ELECTION ISSUES Community 'Environmental Ethics' is topic "Environmenta.1 Ethics in the Forest Service" will be the topic of a ta~k to be gIven by former Forest Service employee Jeff DeBonIs ~t the Tuesday meeting of the Sierra Club. DeBonIs was founder of the Association of Forest Service Employees for Environmental Ethics and worked with the Peace Corps in EI Salvador on reforestation, soil conservation and forest renewal. research. He was also a consultant to the U.S. Agency for InternatIOnal Development and he worked on logging damage to tropical rainforests in Ecuador. The meeting will be q,eld at 7:30 p.m. in the Medford City Hall council chambers. Admission is free. . Schlosser speaks on faith Mem~ers. of the Women's Aglow Fellowship will hear how a tent reVival In Medford shook the whole Bay area in California at their next meeting, scheduled for 7 p.m. Tuesday at the YMCA building on YMCA Way. The speaker will be ShireIy Schlosser, who will share her true story of faith. All women are welcome. Meeting time, location changed Th~ Rogue Valley Personal Computer User Group has changed its meeting date and location to 7:30 p.m. Tuesday III the Oregon Room of the Bureau of Land Management, 3040 Biddle Road, Medford. All IBM-compatible computer users and beginners are wel- come. For more information, call Ralph Wefel, 664-3622. 'Water' is meeting subject The Jackson Soil and Water Conservation District will hold" its 24th, annual r,neetin& at.8 p.m. Tuesday at the Jackson County Ex- tenSIOn Service audltonum, Medford. The public is invited. . Bruce Sund, wate~aster for the Water Resources Department, Will speak on water nghts, dam safety and water laws. Eric Dit- tmer, water quali~y c~rdinator for the Rogue Valley Council of Governments, wIll diSCUSS the Department of Environmental Quality's nutrient study and water resources. Refreshments, including pie, ice cream, milk and coffee will be served after the meeting. ' Hospital offers CPR class Ashland Community Hospital is offering a community car- diopulmonary resuscitation class on Tuesday and Wednesday from 6 to 9 p.m. in the hospital conference room. Participants will practice on manikins to be certified in Adult Child and Infant CPR and Choking through the American Heart Association. Comfortable clothing should be worn. Registration is required and the cost is $20. Participants will receive a booklet after registering. For more information, call 482- 2441, ext. 258 or 390. Foresters to meet Tuesday An evening discussion on "New Perspectives in Forestry" will hP nffprprl !It thp TllPCrl!lU rrlPpflnn nf t'h". ~;C"t..-;.'/""IIn f""'hn_".6'P _.e ..1..... { \ \ Stock pric s sweep ahe d; rally linger, .NEW YORK (AP) ~StOCk pnces swept ahead today, tend- ing the rally that card the market to near-record level at the end of last week. t The Dow Jones average\of 30 industrials, up 91.22 last tNeek, rose 22.73 to 2,824.31 by boon- time today on Wall Street. Gainers outnumbered lostts by nearly 2 to 1 in nationwide trading ~f Ne~ York Stock ExcMnge- lIsted Issues, with 951 up, 491 down and 459 unchange.d. Last week's upsurge moved the market into poSition to challenge the Dow' s record closing high of 2,810.15 reached on Jan. 2. The rally has been attributed to a sudden favorable swing in economic statistics of late, which has reduced worries over inflation and the interest-rate outlook. Daily Tidings Publication Number: 033-800 Second Class Postalle Paid at Ashland, OR 97520 SUBSCRIBER/ADVERTISER INFORMATION Published daily, except Sunday, by Capital Cities! ABC. Inc. OFACE ADDRESS LOCATION 1661 Siskiyou Boulevard, Ashland, Oregon MAILING P,O. Box 7. Ashland. OR 97520 SUBSCRIPTION INFORMATION Delivered by Carrier One Month ....,........,...,............................... $5.50 One Year (paid in advance) .....................$61.00 By Mail IN COUNTY 1 Month ..,.............,.................,................... $7.00 3 Months ..........,...........,........................,.. $21,00 1 Year ....,.................................,............... $84.00 OUT OF COUNTY 1 Monlh .......................,.............................. $9.00 3 Months .".",...,..".,.............,..........,.......,$27,00 1 Year ..........,..........................,.....,........$108,00 The Daily Tidings is published on 50 percent recycled paper. DEUVERY SERVICE Home delivery problems? Late paper? No paper? Please lei us know. We want to give you the best possble home delivery service. Call: 482-3456,5:30-7:00 p.m, ADVERTISING OWNERSHIP All advertising copy and illustrations prepared by The Dally Tidings become the property of The Daly Tidings and may not be reproduced for any other use without explicit prior approval. The Dally Tidings - Monday, May 14, 1990 - Pa~e 3 WE CAN'T WAIT - IT'S NEEDED NOW! We must act or forever lose what we value most about Ashland. PLEASE JOIN US IN VOTING YES ON OPEN SPACE MEASURES 15-6, 15-7 Allen & SheIla Drescher Anne & lllII [)ecker GIna & Dean Ing 5t>IrIey Patton lJnIted NallonaI Real estate Carole Wheeldon MIchael & Melly Vedtner RIchard Wagner SIeve & Kathy Hauck Mane Morel1ead Sabra & D.1Vtd HoIfmao Bever1v & Harry Bartell Medra lleIIoc AlICe Burton Huward & Maney Coo'< Kay 01>< Myra & Alan Erwtn Jeo;!oIe & Che5ler FKCh JacqueHne rlory Jean & Paul rranc~ Jane l1eId5IIlI< , "'*".. JoIII\~ ; '.h\I'Il:llI8. ~.Jane!I' .. '(Y"lt1IALol'(L:I.. , , '~M51er 5arlIIIMayeo. . MIchael" ~ DalZ 1ng1d O'Conner JoI'Inn & P~l'aI1on Malone 5cott Alma" ~ 5eIe<k. I'\iIy LOU" an.ce 5~ ~ ~a1 Swan50n LOlt.~ .~~ Delt\I Wll!lo/' 8elle~ ttaIy;;V.tIeg; .O'm.~ ~ Oragert MefIlII :!IrnIth 5_ ArmIlage DC!bby ~ . .llIll Ja:leaU . flonnIe Monnon om Wood . 1:11III11. Downe5 ., .. Tamara 5ong5ter . I'.Idi wench .-'- /'laje!lkl ~Jone lSeft&n"""'1n ~~ JoyCi!~ Ida 5mIII\ . . td PeaI5Oli' . . limy l'lII;tWd. , Jlmelde""".;'" .. Nldre Nen ,. . ......l1IIg056 :' ,. \.any ~ .' \, !!en III 5uzanne KrIeg ".. ;, .Jad<Ie! & Lee Carron Karl!f1 5mIth . t\eal.hef 1I1\l!11 Pamlllrd JCIhn rrenl 5toy Detl'llrl! Allen I'Io5le I\Ien 'f/lnV _""" hu""" "'OIl II 0Il5 0II\Ad I!IMudofn I'I<Incy & LM'1I Morgan I.. ~ V/heekl<l" .~ Heyen"'/I Michael /lien Corinna /lien Bob~ Judy KapIen Jeff .. Judy Lalande 5leml Club Hancy John5on DIane llen50n Matt rarmer 5u5an BerryhIll Phil MIller Michael & Jennller EIlIen Ted&Pam~ Don & Maureen sever Robert & Kathy 5choII janice 6enedede5 Arlene MIl!, Rod Birney Pat Jones J Mary Greenwood linn ThorT1P5""-Hague Bill Mayer DIane & Ted L0ftu5 Debra Cleland Udna 5tead Roger 5tevenson .QlI\5 5toke5 5toke5 Haven & Warren CarlSOn Ted & Pam 5chlle5fll<ln Rod ReId Chf15 llr15cDe Qlane Paulson Jeff Jones Judy & Denr<5 freese Paul & Mildred !luck Pam t:- ., I , ,. _ _.-. _. . ___ .- r... ... .. --- -"~"""5 W JU uc neJa at NendeIs Inn, !VleOIOra. Speakers will be Jerry Franklin, chief plant ecologist for the Forest Service; Mike Amaranthus, soil scientist for the Forest Ser- vice; Bob Korfhage, area manager for the Bureau of Land Management; Greg Miller, executive vice-president of Southern Oregon Timber Industries; and John Hoffman, timber staff officer for the Forest Service. The moderator will be Jonathan Lange. The registration deadline is Tuesday. Checks for $14 should be made payable to SAF Siskiyou Chpater, in care of Kit Mottice, 874 Glendale Ave., Ashland 97520. For more infonnation, call 482-9193. Teen Center begins fund-raiser The Ashland Teen Center is conducting its second annual "Spring for the Ashland Teen Center" call-a-thon fund-raiser. Volunteers will be contacting members of the community for financial support on Tuesday and Wednesday evenings. . The Teen Center is beginning its sixth year of service to the youth of Ashland. It has added several new projects and programs this past year and is looking for support to continue those services. One of the projects is the Student Advocate Program, which was started in January with a grant from the Carpenter Foundation. The program provides an advocate to serve as an intennediary bet- ween school, parents and the community so that students can achieve academic success. It helps students or families with basic needs such as food, clothing, medical care, transportation and shelter. landscape painting class offered A free introductory lesson in landscape painting is being offered by Craig Honeycutt at 5:30 p.m. Tuesday in the southeast parking lot of the Ashland Hills Inn. The class will continue with nine sessions at three different locations. Participants should bring drawing materials. For more infonnation, call 535-4128. Lotteries OREGON MEGABUCKS - Nobody won the $1.75 million jackpot Saturday night in the Oregon Lottery's Megabucks lotto game, pushing the estimated jackpot to $2 million for Wednesday's drawing. Spokeswoman LaVonne Steinmetz said 59 tickets bearing five of the six winning numbers were sold, worth $383.40 apiece when redeemed at any Megabucks dealer. She said 1,839 tickets bearing four winning numbers were sold, good for $19.70 each at any dealer. The winning numbers in the drawing were: 3-13-14-23-31-33 OREGON DAILY 4 - Here are Saturday's winning numbers in the "Oregon Daily 4" lottery game: 6-2-4-7 LOTTO AMERICA - The winning munbers drawn Saturday night in "Lotto America" are: 1-10-15-28-33-40 Estimatedjackpot: $2 million CALIFORNIA LOTTO - Nobody picked all six winning numbers in the California Lottery's weekend "Lotto 6-49" game, but seven tickets were sold containing five winners and the bonus number, and each was worth $195,218. The unclaimed jackpot will roll over and will be worth an es- timated $10 million by Wednesday's drawing, lottery officials said Sunday. The winning numbers, picked Saturday night for the twice- weekly drawing, were: 29, 7, 41, 23,40, 1 and the bonus number, 37. ._--,-.~. t,~; I. ..~~ Ii~l~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASHLAND RELATING TO FUNDING LIMITATIONS AND LAND ACQUISITION POLICIES FOR THE OPEN SPACE PARKS PROGRAM. WHEREAS, on May 15, 1990 the voters will have the opportunity to vote on a proposed amendment to the City Charter, establishing an open space parks program under the management and control of the Ashland Park and Recreation Commission; and WHEREAS, at that same election the voters will be asked to approve an advisory ballot concerning the proposed fundng of land acquisition for future parks and open spaces; and WHEREAS, it is the desire of the Mayor and City Council to further clarify the City policies concerning a limitation on funding for said program, . and to reiterate its intention to carry out the program on a "willing buyer/willing seller" basis without resorting to condemnation. NOW, THEREFORE', BE IT RESOLVED by the Mayor and City Council as follows: SECTION 1. That each of the proposed revenue sources shall not be increased for the open space parks program without a further advisory vote of the citizens of Ashland. SECTION 2. That the size of the open space parks program as currently proposed shall not be increased without a further advisory vote of the citizens of " Ashland. SECTION 3. That it is the express intent of the Ashland Park and Recreation Commisson and City Council, who must jointly concur in the acquisition of any parcel, that condemnation shall not be used to acquire ownership of any parcel from an unwilling seller for park and open space purposes. The foregoing Resolution was READ and DULY ADOPTED at an adjourned meeting of the Ashland City Council on the 24th day of .8Q.ril, 1990. Nan E. Franklin City Recorder c:I Catherine M. Golden Mayor . a. Page 6 Monday, May 14, 1990 The Daily Tidings Ashland, Oregon . Yes on open space Ashland's voters have a chance on Tuesday's ballot to endorse a visionary open space program that will help preserve a part of the city's hometown character that is in danger of being irretrievably compromised. We take for granted our oases of green, both the tended and the unruly, that blur lines between hillside and city. But much of Ashland's open landscape isn't eternal and much of it is vulnerable to the developer's blade and the logger's saw. A certain amount of population growth is inevitable - it's happening allover western Oregon. A certain amount of development is desirable - it ensures a city's vitality. But when there's every indication that both development and population could expand beyond that certain amount, then it's time for some creative planning. We must ensure that while our city is chang- ing, it is not also overwhelmed and altered beyond recognition. . Some of that creative planning is apparent in Ballot Measures 15-6 and 15-7. The fIrst asks voters whether the Ashland city charter should be amended to create an open space park program, which would provide and preserve land for open space purposes. The second asks voters whether the council should set up a funding sys- tem that would, for a 20-year period, increase the busi- ne~s license tax, add 1 percent to the hotel-motel tax, add a 50-cent surcharge to utility bills, and add a charge for new construction. It's an equitable source of funding that would be shared by new residents, current resi- dents, businesses and tourists. Yes, there was a time when scenery was free. But it isn't anymore. This, at least, is an equitable way of sharing the cost among those who enjoy it and those who would encroach upon it. Critics have charged, among other things, that the open space proposal is being forced by city offIcials on unwilling citizens, that it's all happening too fast, that it needs more citizen input, that it threatens the rights of private landowners, and that it's a blank check for city spending. While these criticisms represent honest con- cerns, they are well answered by defenders of the program. The open space program should have come as no surprise. The concept has been part of the city's com- prehensive plan, arrived at through a series of public meetings. In fact, open space was identified as one of the top concerns among those attending the city's, FuturePlan Festival last year. In public' hearings, _.!.-:!____ L____ ~~~__-__"--,-11_.~." ___... -'II" 11 11 =::II Opinion J. Michael O'Brie3>...... Publish . Ken O'Tool Managing Editof; l]r PATIENCf., f'A~EJ ~!... ~lJRE NOT KIL..L/NG iHESE TWO I HOSTAGES WAt}; A NICE TOUcl-i.,. (3UT WE'I<E STILL IN IMAGE:. DEFICIT) IF YoU GET MY D1<IFI.. P U BLae R'E.LAl'lONS Letters A message to all 'pro-open spacers' Please ask the parks and council people these questions: 1. Is the present council, or any other council, legally bound to any formalized way of financing the program (besides prior charter amendments and other regulatory laws)? Isn't 15-7 only an advisory measure that does not bind any council .to any' parti~ul~ w.~y .of posters expounding their propaganda to the trees we've tried so desperately to protect on the boulevard! The mandate expressing the need for an open space \,rogram has been part of Ashland s Com- prehensive Plan since it was formed in 1978. However, there were no specific strategies for funding the plan and really only vague directions for implementing the plan. Many of us, committees, commissions and volunteer ex- T\P.rt~ hrnnaht th... nl~n~ tnO"p.thp.r tigation. He filed criminal charges and won! And he did it long before it was politically popular to stand against the Rajneesh. That's the difference between a leader and a politician. To those who were hoodwinked by the Rajneesh public relations machine, citizens, media and elected officials, we forgave you long ago. But we can't forget someone like Dave Frohnmayer who went ahead and did the job he was elected to do, in spite of the rip~th thrp'.:lotC' np rp,ropi"prl' experience and knows how to lead and resolve problems. The only candidate I see with this kind of experience is Ric Holt. His back- ground is business. His experience is as a corporate leader. He talks real issues and is already planning possible solutions to some of Jack- son County's future problems. He is not afraid to step out and speak up. The future may be bleak, but with a strong leader we can and will survive. Without this leader- ship, we can only expect higher t'll'YP<! "nit f'PUlpr "Prvl""''' R,,, Hnlt iT l, .......Y"'....... .v vuJ~UVUl!t AlIU l)U~gc:::suun5; cnanges nave been made in the open space plan (for example, the con- troversial trail plan was modified). Through it all, panels made up of citizens - not city officials - have helped shape the proposal in response to public input. As for the dreaded C-word - condemnation - both City Council and Parks and Recreation Commission have passed resolutions that condemnation shall not be used to acquire open space land Councils present and future are unlikely to risk public furor by trying to reverse this position. Instead, the city would be in a financial position to bid for land in competition with other interested parties. If it couldn't come up with the money, then it would lose out. Funding, too, would have its limits. It will depend on what's raised from the revenue sources listed on the bal- lot. Maintenance and development costs are limited by the park levy maximum, which cannot be exceeded without voter approval. If s a bold step, this open space proposal, hammered out in lively debate by concerned and caring citizens. When the votes are counted Tuesday night, we'll see whether our stewardship is of the same caliber as those whose foresight began our park system at the turn of the century. EdI&oriall: Opinions expressed in the above column are those of The Daily Tidings' editorial board, which consists of Publisher Mike O'Brien, Managing Editor Ken O'Toole, and Hasso Hering, Editor - Albany Democrat-Herald, a former editor of the Daily Tidings. J)aY\cl HoIpte, adYertlliDI manapi' . ...,., JlCIIIIOD, elaulfled manqeJ' Debra PardIe, ~lIWIll8er Patty Commona. circulation manager Ted Taylor. news editor ,Yes on P-T tax base Unw the state comes up with a more equitable means of fidltcing schools, 'districts like Phoenix-Talent must continue to appeal to ~oters' sense o~ respons~bility f~r the quality of their chIldren's education. That s what It comes to Tuesday, when P- T voters will be asked to ap- prove a new three-year tax base of $8,253,742 (No. 15- 10 on the ballot) It's an investment we hope the district's voters are willing to make. It means that the 1990-91 tax rate for property owners would go from the current $16.84 per $1,000 of assessed valuation to $21.53. If this funding-stability measure passes, it means that over three years, teachers and other staff could be added to meet the demands of growing enrollment and in- creasing state-required programs. It would mean res- toration of items lost in previous budget cuts. If the measure fails, and a subsequent attempt at a one-year levy should fail, it would bring on .operating cuts of nearly $1.3 million. This could result III the loss of some teachers, some bus routes, some athletic programs. It would be felt. P- T students especially would feel the impact. Unless or until there are changes made in the way Oreg<;>n schools are funded, they will be among those who WIll be penalized by where they happen to live. .t.. n IS poSSIOIe mat fJ1~P3fkS coifurtission could raise the tax to. their limit (without vote of the peoJ;>le), to fmance their program? Their limit is now $2.34/$1000 property evaluation; they are only applying $1.33 of that limit at this time. It is possible for them to in- crease the property tax an addi- tional $600,000+. If they want to! 3. Would you buy a hom~ and finance it through a bank that gave you such terms in their contract? Please think about it. Set the emo- tional aside and see the possible problems and uncertainty of this existing open space charter amendment. Vote "NO..... "NO." Thank you! David Fadden 326 N. Main St. Ashland Share the vision I'm really surprised and ap- palled at some of my neighbors and friends who have always ex- pressed concern about uncon- trolled growth in Ashland and the desire to keep its unique small town aura. They encouraged me (and others) to volunteer my time to the Citizens Planning Advisory Committee and represent the public's wishes of the way Ash- land should grow. They knew I had no conflict of interests and would honestly strive for the best interests of the whole community. Now, some of these people are being hoodwinked into believing that the open space program, slated for the next 20 years (check that: 20 years), is too costly, un- needed and an encouragement to crime! Basically that really is the only argument that the self- serving opponents can muster. But they also have the gall to nail Y'l"'t'r.-.ga.A"-IJ:'..::1I' '-'u.u..:l\ol......a...v..;::>> W'.IUI commumties who have successful programs, and meetings and com- promises with you, the public, to devise a plan for the 20-year program that would be equitable and foresighted. I want to emphasize that this plan is not the work of the City Council whose responsibility was only to put it on the ballot. It is the work of your neighbors and people who acted to keep Ashland the wonderful place it is to live. Furthermore, if the 50 cents a month that it will cost is beyond your budget, I'm sure there are those of US that would gladly pay your $6 a year if you would just let us know you can't pay. Please share our vision for Ash- land's future and support the open space program. It will be an asset for all of us in the long run, and isn't that what it's all about? Kay Leybold 960 Bellview Ave. Ashland Ric Holt would be strong leader As a practicing lawyer, I have a front seat to watch the economy of this valley prosper and decline. When the economy is bad, crime increases and litigation flourishes. I have never seen a time when the financial future of Jackson County looked so bleak. I can recall only a few years ago when we lost all but a skeleton crew of deputy sheriffs because the county funding had been cut. With the problems of the timber industry and the accepted future reduction of O&C funds, we may not only lose our deputy sheriffs, we may lose all our coun- ty services. The time to act is now, and the way to act is to elect a county commissioner who has business Jackson County will step up and be counted on this important issue and elect Rick Holt as county commissioner. Sandra Sawyer Attorney at Law 201 W. Main, Suite 5B Medford Frohnmayer listened Five years ago we were the closest neighbors to an illegal alien called Baghwan Shree Raj- neesh. We saw many of our friends and neighbors literally scared out of their homes by fol- lowers of the Baghwan. Because my wife and I dared to speak against the terrorist tactics taking place in our community, they stationed armed guards just across the John Day River, less than 200 yards from our house. They watched us with binoculars by day and shined high-powered spotlights in our windows at night. (This is documented by Oregon State Police records.) But what was really frustrating was the way many Oregonians said, "That's Antelope's problem," and the way much of the news media branded us as red- necked radicals who had the audacity to stand in the way of progress and the economic boost the state could receive from the millions Ma Annand Sheela claimed to be spending. Elected officials counted the less than 200 votes that the natives in and around Antelope could muster, against upwards of 6,000 the Rajneeshees supposedly had, and wrote us off. That is, all but a handful of 'em. Attorney General Dave Frohnmayer listened when no one else would. He began an inves- was est or regon. at sJust one of the many reasons Dave Frohnmayer will make an out- standing governor. Jon Bowerman P.O. Box 45 Antelope Honest, qualified When I, a nonpolitical person, was asked why Ric Holt's picture was ill my window I replied. Recently at a meeting I was at- tending, I saw Ric Holt identify a need and work to resolve that need. Later I heard Ric Holt make a promise, and though it took a while before he was able to, he kept that promise. And then I met Rie Holt and was impressed with his honesty and self-assurance, not egotism but the concerned, caring honesty of a knowledgeable person. Finally I read of Ric Holt's prior government experience and of his family and community background in the voters' pamphlet and realized Ric Holt comes across so strong because he has had experience and knows how to do the job. Ric Holt iden- tifies and resolves a need, keeps a promise, is honest and totally qualified. That is the kind of man I will vote for. How about you? Beth Thurston 4069 So. Pacific Hwy., No. 35 Medford Letters policy: The Tidirigs en- courages readers to express their views by writing to: The Daily Tidings, P,O. Box 7, Ashland, OR 97520. Writers should limit letters to 200 words; typed, double-spaced let. ters are preferred. The writer's name and address must be included for publication. Also, please include a phone number for daytime contact. Doonesbury aleu, CAMPERS, THAT'S IT fOR. 7ONIGHT.' I AM ourA H~ I NOTH/NGUkE A UTT/.& LAST- M/N(fT~ 1NTf3F.f14/TH, TRANS- 6t3N&RAT/ONAL- NtPlOQ<. 70 57//<!.. THE HMRT, I ALWAYS ?AY.! '" BY GARRY TRUDEAU YOU MU5T 813 THe FATH&R OF me BRl0t3 ' lOve THe BeANie' / GO 51T aI/TH THe CATf3R&R, NIU- YA, f1J.lJR& ? I .... T ~ \ ,. ~ - p... p - The Daily Tidings - Monday, May 14, 19M - .... 5 ASHLAND Council Adopted Version Open Space & Parks Plan IIIIIIIIII City Parks """""'" """""''''' """""'" """""'" """""'" """""'" m - School Parks IIIIIIIIII- - - - - - - -- ---------- ---------- ---------- ---------- ---------- IlllllllllOO. 00 00 , 00 . , , . , . .. .................... ................... .................... ................... .................... ................... .................... ................... .................... Undeveloped Parks Green Belts '-.J UGB ~ ..- ~ City Li m its 1000 I 3000 ~I 4000 - I 2000 I Scale ...~~.--_. o New Natural Area SOSC Po rk New Neighborhood ParKs New Active Parks Conservation Area Publicly Owned Natural Area T ro i I s c..,.ew ........ .. f\ // > :.J ".,'<i :::~ ;; '. ) ,~~~ . ~t " i 1M \-,......- II i . , ; 1::1 , I ~.-f'-'-- - -- - - - . ,. . .. a"'~ _.. ................... ........ ..... ,." ;0 0661 'tl ABW 'ABPUOW siUIPU AIIB<I 3q~ - t 3~8d . ~ s ~,~~ ~ ' ~ /" ' ~ . ---.-/ /.. )j z ~ ~ o :::li 3 o u z ::J IOWA , 'I. L I ' i I sl1 21 "', OUIN 'L' [ - 3/ r,l,' i-.~ I' " ~ '/ \~/// Rogue ./ '-(~~ L :D~JI; SOUTHERN OREGON ~~" ';:, Sf ATE COWC< '~ River OFFICE OF THE SECRETARY OF STATE BARBARA ROBERTS SECRETARY OF STATE DI~.£CTOR 141 STAT~ CAPITOL SA~, OgeGON 9~310~722 ELatiONS ~ (503) 378~ 144 MEMORANDUM TO: FROM: SUBJECT: All Interested Parties DATE: Jack Graham. Director of Elections~iI."'\ Common Election Law Violations April 20, 1990 The Secretary of State's office has received many written complaints and inquiries concerning election law violations involving the provisions of ORS 260.432 and ORS 260.522. We believe many individuals who are involved in campaign activity may not be. aware of these requirements of Oregon election law. The following information is intended to help prevent unintentional violations from occurring in the future. 0RS260,432 addresses restrictions on political campaigning by public'employes. ORS 260.432(1) states, "No person shall attempt to, or actually, coerce, command or require a public employe to influence or give money, service or other thing of value to promote or oppose any political committee or to promote or oppose the nomination or election of a candidate, the adoption of a measure or the recall of a public office holder." ORS 260.432(2) states, "No public employe shall solicit any money, influence, service or other thing of value or otherwise promote any political committee or promote or oppose the nomination or election of a candidate, the adoption of a measure or the recall of a public office holder while on the job during working hoursj However, this section does not restrict the right of a public employe to express personal political views." This means that public employes (e.g. school administrators, city managers, police chiefs) may not be involved in promoting or opposing any measure or candidate while on the job during working hours. This precludes the preparation of materials used in either support or opposition as well as their distribution during regular wor{:ing hours, excluding the lunch hour. Although a public employe may provide information related to a measure or candidate as a part of his or her job, there can be no statements made which ask voters to either support or oppose the measure or candidate. In addition, a public employe may not ask or direct other public employes to prepare or distribute information that expresses such support or opposition. A public employe may be involved in campaign activity in the evenings and weekends and.during his or her regular lunch hour. Political buttons may be worn at any time with some restrictions applicable to elelctions office staff. April 20, 1990 Page 2 ORS 260.522 addresses the identification requirements of material that relates to a measure or candidate at an upcoming election. ORS 260.522(1) states, "Except as provided in this section, no person shall cause to be printed, posted, broadcast, mailed, circulated or otherwise published, any-written matter, photograph or broadcast relating to any election or to any candidate or measure at any election, unless it states the name and address of the person responsible for the publication, including a statement that the publication was authorized by the person." This means that all political material {e.g. brochures, flyers, stationary, bumper stickers, lawn signs and advertisements) must include the words "authorized .by" and the name~and address of the person or political committee responsible for the material. Written material is considered political if it contains a reference to any measure or candidate to be voted on at an upcoming electionj With the exceptions in ORS 260.522(3) cited below, this identification is required even when the political material is strictly informational. ORS 260.522(3) states, "The prohibition under subsection {1) of this section does not apply to: {a) Any sign relating to a candidate if the candidate or the principal campaign committee of the candidate is responsible for the sign and the sign displays the name of the candidate; or {b) Any written matter relating to a measure at any election prepared under the direction of the governing body of the city, county or district that referred the measure if the written matter is impartial, neither supports nor opposes passage of the measure andscontains the name and address of the city, county or district." This means that billboards, lawn signs and bumper stickers for candidates only are exempt from the identification requirement. This is because the candidate's name when prominently displayed on the sign makes identification obvious. Public bodies are not required to use the words "authorized by" on political material that is strictly informational as long as the name and address of the public body is located somewhere on the material. Any violation of ORS 260,432 or ORS 260.522 is subject to a civil penalty not to exceed $250.00 for each violation. When a person, organization, public body or political committee receives contributions or makes expenditures to support or oppose a measure or candidate, campaign finance regulations must be followed. ORS 260.232 provides additional civil penalties for failure to file the required statements .of contributions and expenditures. If you have questions about these or other election laws, please contact your local elections office or the secretary of state, elections division. Our number is 378-4144. WINVEST:2306 .1 ~. ,:$ fi'i ':.; L 0 Y 0 LJ ;" -c'l C t~ e.~ T'I t_ 'L 0 I/ . R( ......F-:.c I'.!:',!Lj','. Hay 1990 ~C,~ TO I S~(]R~TRII~Y 0[;' STATE ATTENTIOn;: JACK GRAHA~ DIRECTOR, ELECTIONS DIVISION ]4] STATE CAPITAL SALEM, OREGON 97310-0722 FRO~{: CONCERNED VOTERS OF ASHLA~;D, OREGON SIJBJECT: VIOLATIOn; OF ORS 260.d32 and ORS 260.522 We wish to file a complaint concerning what we feel is a violation of the above listed laws. The fac.ts concerning this alleged violation are as follows: 1. The ballots in question are Ashland City ~1easures 15-6. and 15-7 having to do with "Open Space" and its funding. 2. It is our opinion that the ~{ayor of the City of Ashland, with the possible concurrence of one City Council member but without the concent of the City Council meeting in open session and without proper minutes recording the fact, directed the City Administrator to place certain election material in the the Ashland Daily Tidings, which is construed by us to be significantly supportive of the }{easures listed above. The City Administrator then directed the City Planner to take the material (see enclosed copies) to the Ashland Daily Tidings for publication, which he did. 3. Information available to us suggests 'that at least two City Council members knew nothing of this transaction. q. The material published in the Ashland Daily Tidings is believed to violate ORS 260-522(]) in that no disclaimer was included. 5. It is our opinion that payment for the double page map and for the resolution material was made in an improper manner using City of Ashland Funds. 6. It is our opinion that there may have been inappropriate distribution of information that expressed support for ~easlire Numbers 15-6 and 15-7 by city employees. 7. Copies of vidios played on Public Access TV in Ashland are available to evaluate the complaint set fort]] in Item 6. 8. Political signs having to do %~ith ~{easure 15-6 and 15-7 were taken from private property and destroyed some days prior to this election. Is this a violation of the election laths? Will you also please investigate this matter. A number of instances supporting this complaint of sign removal and destrnction can be provided. 9. It requested %hat an investigation be made of this complaint to determine if tilere has been a violation of tile election la~s and if this has happened that proper corrective action be.taken. Respectfully, OFFICE OF THE SECRETARY OF STATE BARBARA ROBERTS SECRETARY OF STATE May 29, 1990 ELECTIONS DIVISION JACK GRAHAM DIRECTOR 14 ! STATE CAPITOL SALEM, OREGON 97310-0722 ELECTIONS -- (503) 378 -4144 Nan E. Franklin City Recorder City of Ashland 1175 E. Main St. Ashland, OR 97520 Re: Notice of Receipt of Complaint of Election Law Violation This is to notify you that a written complaint has been received by the Secretary of State alleging that you may have violated provisions of Oregon election law. Specifically, it is alleged that you produced and distributed political material without the proper identification required by ORS 260.522. We are reviewing the complaint and will contact you if additional information is necessary. Sincerely, Rhonda L. Berry lnvesti gati ons Assistant WINVEST:2459 260.522 ELECTIONS CAMPAIGN FINANCE REGULATION; OFFENSES 260.555 government, and any county, city, district or other municipal corporation or public corpo- ration organized for a public purpose, in- cluding a cooperative body formed between municipal or public corporations. IFormerly 260.231; 1973 c.53 §27a; 1979 c.190 §372; 1979 c.519 §35a; 1983 c.71 §9; 1983 c.392 §1; 1985 c.565 §39; 1985 c.805 §62; 1987 c.718 §3] 260.440 lAinended by 1971 c.644 §8; repealed by 1971 c.749 §821 2~.442 IFormerly 2~.250; 1973 c.744 §28; 1979 c.190 §383; renumbered 260.6251 260.4~ [Repealed by 1957 c.644 §281 2110.452 [Formerly 260.420; 1973 c.744 §29; repealed by c.190 §431] 260.460 [Repealed by 1957 c.644 §281 260.452 [Formerly 260.270; 1973 c.744 §30; 1979 c.190 §386; renumbered 260.655} 260.470 lAinended by 1957 c.644 ~9; 1971 c.749 §34; renumbered 260.365] 260.472 IFormerly 260.280; 1973 c.744 §31; 1979 c.190 §379: renumbered 260.4151 260.480 lAinended by 1957 c.644 §11; repealed by 1971 c.749 §821 ?foO. 482 [Former[~; 260.310; I973 c.744 §32; 1977 c.578 §3; 1979 c.190 §38,1; renumbered 260.6351 ~O.490 lAinended by 1959 c.644 §12; repealed by 1971 c.749 260.492 [Formerly 260.320; 1973 c.744 §33; repealed by 1979 c.190 §4311 260.500 IAmended by 1957 c.644 §13; 1971 c.749 §56; renumbered 260.5521 260.502 [Formerly 260.335; repealed by 1973 e.744 §481 260.510 [Amended by 1957 c.6,14 §14; repealed by 1971 e,749 §821 260.512 IFormerly 260.340; 1973 ¢.744 §3-t; 1979 c.190 §380; renumbered 260.6051 g80.$~0 lAinended by 1957 c.944 §15; 1971 ¢.749 §35; renumbered 260.3751 260.522 Identification of source of pol- itical publication. (1) Except as provided in this section, no person shall cause to be printed, posted, broadcast, mailed, circulated or otherxvise published, any written matter, photograph or broadcast relating to any election or to any candidate or measure at any election, unless it states the name and 'address of the person responsible for the publication, including a statement that the publication ~vas authorized by the person. (2) A radio broadcast which complies with the requirements of the Federal Com- munications Act and re~alatien-~ under it is not required to state the address' of the per- son responsible for the broadcast if the per- son responsible for the broadcast is a candidate or political committee. (3) The prohibition under subsection (1) of this section does not apply to: (a) Any sign relating to a candidate if. the candidate or the principal campaign commit- tee of the candidate is responsible for the sign and the sign displays the name of the candidate; or Co) Any written matter relating to a measure at any election prepared under the direction of the governing body of the city, county or district that referred the measure if the written matter is impartial, neither supports nor opposes passage of the measure and contains the name and address of the city, county or district. (4) Any written matter or broadcast which has been previously published shall have the publisher and date of publication clearly identified when it is referred to in a publication listed under subsection (I) of this section. (5) "Address" for purposes of this section means the address of a residence, office, headquarters or similar location where the person may be conveniently located. If the person is a political committee, the address shall be the address of the political commit- tee included in the statement of organization under ORS 260.042. [Formerly 260.360; 1973 c.483 §I; 1973 c.744 §~5; 1975 c.683 §13; 1979 c.190 §373; 1981 c.234 §17; 1983 c.71 §11; 1985 c.808 §63; 1989 c.503 §28; 1989 c.10M §131 260.530 IRepealed by 1957 c.644 §281 260.532 False publication relating to candidate or measure. (1) No person shall cause to be written, printed, published, posted, communicated or circulated, any let- ter, circular, bill, placard, poster, photograph or other publication, or cause any advertise- ment to be placed in a publication, or sifigly or with others pay for any advertisement, with knowledge or with reckless disregard that the letter, circular, bill, placard, poster, photograph, publication or advertisement contains a false statement of material fact relating to any candidate, political committee (2) A candidate who knows of and con- sents to a publication or advertisement pro- hibited by this section with knowledge or with reckless disregard that it contains a false statement of material fact, violates this section regardless of whether the candidate has participated directly in the publication or advertisement. (3) There is a rebuttable presumption that a candidate knows of and consents to any publication or advertisement prohibited by this section caused by a political commit- tee over which the candidate exercises any direction and control. (4) Any candidate or political committee aggrieved by a violation of this section shall have a right o£ action al~ainst the person aL leged to have committed the violation. The aggrieved party may file the action in the circuit court for any county in this state in 23-152 which a defendant resides or can be found or, if the defendant is a nonresident of this state, in the circuit court for any county in which the publication occurred. To prevail in such an action, the plaintiff must show by clear and convincing evi&ence that the de- fendant violated subsection (1) of this sec- tion. (5) A plaintiff who prevails in an action provided by subsection (4) of this section may recover compensatory damages for all injury suffered by the plaintiff by reason of the false statement of material fact. Proof of entitlement to compensatory damages must be by a preponderance of evidence. Any pre- vailing party is entitled to recover reason- able attorney fees at trial and on appeal. (6) A political committee has standing to bring an action provided by subsection (4) of this section.as plaintiff in its own name, 'if its purpose as evidenced by its preelection activities, solicitations and publications has been injured by the violation and if it has fully complied with the provisions of this chapter. In an action brought by a political committee as provided by subsection (4) of this section, the plaintiff may recover compensatory damages for all injury to the purpose of the committee by reason of the false statement of material fact. A political committee may not be sued as defendant in such an action. A recovery made by a poli- tical committee which prevails in an action under this section shall be distributed pro rata among the per~ons making contributions to the committee. (7) If a judgment is rendered in an action under this section against a defendant who has been nominated to public office or elected to a public office other than state Senator or state Representative, and it is es- tablished by clear and convincing evidence that the false statement was deliberately made or caused to be made hy the defendant, the finder of fact shall determine whether the false statement reversed the outcome of the election. If the finder of fact finds by clear and convincing evidence that the false statement reversed the outcome of the election, the defendant shall be deprived of the nomination or election and the nomi- nation or office shall be declared vacant. (8) An action under this ~ection mu~t be filed not later than the 301h day after the election relating to which a publication or advertisement in violation of this section was made. Proceedings on a oomplaint filed under this section shall have precedence over all other business on the docket. The courts shall proceed in a manner which will insure that: (a) Final judgment on a complaint which relates to a primary or nominating election is rendered before th~ 30th day before the general election; and (b) Final judgment on a complaint which relates to an election to an office is rendered before the term of that office begins. (9).The remedy provided by this section is the exclusive remedy for a violation of this section. [Formerly 260.380; 1973 c.744 §36; 1975 c.683 §14; 1979 c.190 §374; 1979 c.~7 §2; 1981 c.897 §45; 1983 c.756 §1; 1985 c.808 {63a[ 2110.540 11957 c.644 §10; 1971 c.749 §27; renumbered 260.3251 260.542 Use of term "reelect." No per- son shall use the term "reelect" in any ma- terial, statement or publication supporting the election of a candidate unless the candi- date: (1) Was elected to the identical office with the same position number, if any, in the most recent election to fill that office; (2) 'Was elected from the same district from which the candidate is seeking election or, if district boundaries have been changed since the previous election, if the majority of the population in the district from which the candidate is seeking election was in the district from which the candidate was previ- ously elected; and (3) Is serving and has served contin- uously in that office from the beginning of the term to which the candidate was elected. [Formerly 260.405; 1973 c.744 §37; 1979 c.190 §3751 260.545 Use of candidate name in way implying candidate is incumbent. No per- son shall use the name of a candidate in a way that implies that the candidate is the incumbent in office in any material, state- ment or publication supporting the election of a candidate unless the candidate is quali- fied to use the term "reelect" under ORS 260.542 or the candidate: (1). Was appointed to the identical office with the same position number, if any, after the most recent election to fill that office; (2) Was appointed from the same district from which the candidate is seeking election, or if district boundaries have changed since the previous election, if the majority of the population in the district from which the candidate is seeking election was in the dis- trict from which the candidate was ap- pointed; and (3) Is serving and has served contin- uously in that office since the date of ap- pointment. [1987 c.826 §21 2~0.552 [Formerly 260.500; 1973 c.744 §38; repesled by 1979 ¢.190 §4311 260,555 Prohibitions relating to circu- lation, filing or certification of initiative, referendum or recall petition. (1) No per. son attempting to obtain signatures on, or 23-153 260.522 ELECTIONS government, and any county, city, district or other municipal corporation or public corpo- ration organized for a public purpose, in- eluding a cooperative body formed between municipal or public corporations. [Formerly 250.231; 1973 c.53 §27a; 1979 c.190 §372; 1979 c.519 §35a; 1983 c.71 §9; 1983 c.392 §1; 1985 c.565 §39; 1985 c.808 §62; 1987 c.718 §31 260.440 {Amended by 1971 c.644 §8; repealed by 1971 c.749 2~0.442 {Formerly 260.250~ 1973 c.744 §28; 1979 c.190 §383; renumbered 260.625} 260.450 [Repealed by 1957 c.644 2~0.452 {Formerly 260.420; 1973 c.744 §29; repealed by c.190 §431] 260.460 IRepealed by 1957 c.644 §28t 280.462 [Formerly 260.270; 1973 c.744 §30; 1979 c.190 §38fi; renumbered 260.470 {Amended by 1957 c.644 §9~ 1971 c.749 §34; renumbered 260.365] 260.472 {Formerly 260.280; 1973 c.744 §31; 1979 c.190 §370; renumbered 260.4151 260.480 {Amended by 1957 c.644 §11; repealed by 1971 c.749 §82l 260.482 {Formerly 260.310:1973 e.744 ~32; 1977 c.678 §3; 1979 c.190 §384; renumbered 260.5351 260.490 [Amended by 1959 c.644 §12; repealed by 1971 c.749 260.492 [Formerly 260.320; 1973 c.744 §33; repealed by 1979 c.19~ §431] 260.5~} (Amended by 1957 c.644 §13; 1971 c.749 §56; renumbered 260.552] 2~0.$02 lFormerly 260.335; repealed by 1973 c.744 §4Sl 260.510 [Amended by 1957 c.644 §14; repealed by 1971 c.749 260.512 [Formerly 260.3-10; I973 'c.744 §34; 1979 c.190 §350; renumbered 260.605] 2~0.520 [Amended by 1957 c.644 §15; 1971 c.749 §35; renumbered 260.375] 260.522 Identification of source of pol- itical publication. (1) Except as provided in this section, no person shall cause to be printed, posted, broadcast, mailed, circulated or otherwise published, any written matter, photograph or broadcast relating to any election or to any candidate or measure at any election, unless it states the name and address 'of the person responsible for the publication, including a statement that the publication was authorized by the person. (2) A radio broadcast which complies with the requirements of the Federal Como m,.xnications Act and regulations under it is not required to state the address of the per- son responsible for the broadcast if the per- son responsible for the broadcast is a candidate or political committee. (3) The prohibition under subsection (1) of this section does not apply to: (a) Any sign relating to a candidate if-the candidate or the principal campaign commit- tee of the candidate is responsible for the sign and the sign displays the name of the candidate; or lb) Any written matter relating to a measure at any election prepared under the direction of the governing body of the city, county or district that referred the measure if the written matter is impartial, neither supports nor opposes passage of the measure and contains the name and address of the city, county or district. (4) Any written matter or broadcast which has been previously published shah have the publisher and date of publication clearly identified when it is referred to in a publication listed under subsection (1) of this section. (5) "Address" for purposes of this section means the address of a residence, office, headquarters or similar location where the person may be conveniently located. If the person is a political committee, the address shall be the address of the political commit- tee included in the statement of organization under OI=,~ 260.042. [Formerly 260.360; 1973 c.483 §1; 1973 c.744 §35; 1975 c.683 §13; 1979 c.190 §373; 1981 c.234 §17; 1983 c.71 §11; 1985 c.808 §63; 1989 c.503 §28; 1989 c.1054 §13] 2~0.~}0 IRepealed by 1957 c.644 260.532 False publication relating to candidate or measure. (1) No person shall cause to be written, printed, published, posted, communicated or circulated, any let- ter, circular, bill, placard, poster, photograph or other publication, or cause any advertise- ment to be placed in a publication, or singly or with others pay for any advertisement, with knowledge or with reckless disregard that the letter, circular, bill, placard, poster, photograph, publication or advertisement contains a false statement of material fact relating to any candidate, political committee or measure. (2) A candidate who knows of and con- sents to a publication or advertisement pro- hibited by this section with knowledge or with reckless disregard that it contains a false statement of material fact, violates this section regardless of whether the candidate has participated directly in the publication or advertisement. (3) There is a rebuttable presumption that a candidate knows of and consents to any publication or advertisement prohibited by this section caused by a political commit- tee over which the candidate exercises any direction and control. (4) Any candidate or political committee aggrieved by a violation of this section shall have a right of action against the person al- leged to have committed the violation. The aggrieved party may file the action in the circuit court for any county in this s~ate in 23-152 CAMPAIGN FINANCE REGULATION; OFFENSES which a defendant resides or can be found or, if the defendant is a nonresident of this State, in the circuit court for any county in which the publication occurred. To prevail in such an action, the plaintiff must show by clear and convincing evidence that the de- fendant violated subsection (1) of this see- tion. (5) A plaintiff who prevails in an action provided by subsection (4) of this section may recover compensatory damages for all injury suffered by the plaintiff by reason of the false statement of material fact. Proof of entitlement to compensatory damages must be by a preponderance of evidence. Any pre- vailing party is entitled to recover rgason- able attorney fees at trial and on appeal. (6) A political committee has standing to bring an action provided by subsection (4) of this section as plaintiff in its own name, if its purpose as evidenced by its proelection activities, solicitations and publications has been injured by the violation and if it has fully complied with the provisions of this chapter. In an action brought by a political committee as provided by subsection (4) of this section, the plaintiff may recover compensatory damages for all injury to the purpose of the committee by reason of the false statement of material fact. A political committee may not be sued as defendant in such an action. A recovery made by a poli- tical committee which prevails in an action under this section shall be distributed pro rata among the persons making contributions to the committee. (7) If a judgment is rendered in an action under this section against a defendant who has been nominated to public office or elected to a public office other than state Senator or state Representative, and it is es- tablished by clear and convincing evidence that the false statement was deliberately made or caused to be made by the defendant, the finder of fact shall determine whether the false statement reversed the outcome of the election. If the finder of fact finds by clear and convincing evidence that the false statement reversed the outcome of the election, the defendant shall be deprived of the nomination or election and the nomi- nation or office shall be declared vacant. (8) An action under this zection must be filed not later than the 30th day' after the election relating to which a publication or advertisement in violation of this section was made. Proceedings on a complaint filed under this section shall have precedence over all other business on the docket. The courts shall proceed in a manner which will insure that: (a) Final judgment on a complaint which relates to a primary Or .nominating election is rendered before the 30th day before the general election; and fo) Final judgment on a complaint which relates to an election to an office is rendered before the term of that office begins. (9) The remedy provided by this section is the exclusive remedy for a violation of this section. [Formerly 260.380; 1973 c.744 §36; 1975 c.683 §14; 1979 c,190 §374; 1979 c.667 §2; 1981 c.897 §45; 1983 c.756 §I; 1985 c.808 ~63a1 2~0.540 [1957 c.644 §10; 1971 ¢.749 §27; renumbered 260.542 Use of term "reelect." No per- son shall use the term "reelect" in any ma- terial, statement or publication supporting the election of a candidate unless the candi- date: (1) Was elected to the identical office with the same position number, if any, in the most recent election to fill that office; (2) Was elected from the same district from which the candidate is seeking election or, if district boundaries have been changed since the previous election, if the majority of the population in the district from which the candidate is seeking election was in the district from which the candidate was previ- otmly elected; and (3) Is serving and has served contin- uously in that office from the beginning of the term to which the candidate was elected. [Formerly 260.405; 1973 c.744 §37; 1979 c.190 §3751 260.545 Use of candidate name in way implying candidate is incumbent. No per- son shall use the name of a candidate in a way that implies that the candidate is the incumbent. in office in any material, state- ment or publication supporting the election of a candidate unless the candidate is quail fled to use the term "reelect" under ORS 260.542 or the candidate: (1)-Was appointed to the identical office with the same position number, if any, after the most recent election to fill that office; (2) Was appointed from the same district from which the candidate is seeking election, or if district boundaries have changed since the previous election, if the majority of the population in the district from which the candidate is seeking election was in the dis- trict from which the candidate was ap- pointed; and (3) Is serving and has served contin- uously in that office since the date of ap- pointment. [1987 c.826 §2] 2~0.552 {Formerly 2~.500; 1973 c.744 §38; repealed by 1979 ¢.190 ~431] 260.555 Prohibitions relating to circu- lation, filing or certification of initiative, referendum or recall petition, (1) No per- son attempting to obtain signatures on, or 23-153 CAMPAIGN FINANCE REGULATION; OFFENSES 260.345 copy of the order, with the clerk of any county in the state after: (a) Expiration of the time in which an appeal may be taken; or Co) Final determination of the matter on appeal. (8) The order assessing the penalty shall be recorded in the County Clerk Lien Record and may be enforced in [he same manner as a iudgmeng. 11979 c.190 §350; 1~79 c.519 §348', 19~1 c~234 §13; 1983 c.?l §8; 1985 c.471 260.235 11971 c.749 §21; 1973 c.744 §21; repealed by 1979 c.190 §4311 260.240 IRepealed by 1967 c.630 §5] 260.241 Removal from ballot for fail- ure to file statement. (1) Despite delay in the riling of statements relating to a candi- date's nomination required to be filed under ORS 260.058 or in the filing of a certificate in lieu of the statement required by ORS 260.058, the candidate's name shall appear on the general election ballot if those state- ments are filed before the 20th day before the general election. (2) A candidate's name shall not be placed on the general election ballot if the statements referred to in subsection (1) of this section are not filed before the 20th da)' before the general election. [1979 c.190 §361; 1981 c.234 §14; 1985 c.805 §611 260.245 Withholding certificate of election or certificate of nomination for failure to file statement. A certificate of election or certificate of nomination shall not be granted to any candidate until the candidate has filed the statements relating to the election that the candidaae is required to file under ORS 260.058 and 260.065. 11971 c.749 §22; 1973 c.744 §22; 1977 c.829 §21; 1979 c.190 {}362; 1981 c,~4 §151 260.250 [Amended by 1971 c.749 §41; renumbered 260.442] 260,25,5 Preser~,ation of filed state- ments by filing officers; summary of statements; contents. (1) A filing o~cer shall preserve each statement filed with the officer under ORS 260.058 to 260.156, or an accurate copy of it, for at least six years af- ter the date of the election to w}fich the statement rc lets. (2) The Secretary of State shall publish for each election a summary of the state- ments filed with the secretary under ORS 260.058 (1), 260.063 (1), 260.068 (1) and 260.073 (1) and shall make the summar)' available to the public. The county clerk shah publish such a summary regarding candidates for county offices and county measures. The Secretary of State by rule may require a fil- ing officer to publish such a summary re- garding other offices or measures. (3) The summary reports prepared under this section shall include a list of all ex- penditures which total $100 or more to any one person 'and a list of all contributions of: (a) More than $100 on behalf of a candi- date for state-wide office, regarding a state- wide measure, or to a political committen supporting or opposing only such a candidate or measure; Co) More than $50 on behalf of a candi- ~tate for other than state-wide office, regard- ing a measure other than a state-wide measure, or to a political committee, sup- porting or opposing such a candidate or measure; and (c) More than $50 to a political commit- tee supporting or opposing both a candidate for state-wide office or a state-wide measure and a'candidate for other than state-wide of- fica or a measure other than a state-wide measure. [1971 c.749 §23:1973 c.7~4 [23; 1975 c.$$3 §12; 1979 c.190 §363; 1981 c.234 §161 2~0.260 [Repealed by 1971 c.749 §821 260.270 [Amended by 1957 c.644 §1; 1971 c.749 §44; renumbered 260.280 [Amended by ]957 c.605 §1; 1967 c.630 1971 c.749 §45; renumbered 260.4721 260.290 [Repealed by 1957 c.644 §28} 260.300 [Amended by 1957 c.644 §2; repealed by 1971 c.749 §82] ,260.305 ]Formerly 260.010; repealed by 1973 c.744 §481 260.310 [Amended by 1971 c.749 §47; renumbered 260.4821 ELECTION OFFENSES (Administration and Enforcement) 260.315 Distribution of copies of lag,. (1) The Secretary. of State, at the expense of the state, shall furnish to the other filing of- ricers copies of this chapter. (2) A filing officer shah deliver a copy of this chapter to each candidate or person whom the officer has reason to believe is re- quired to file a statement with the officer under ORS 260.058 to 260.156. ]Formerly 260.030; 1979 c.190 {}364] 2850.320 [Amended by 1971 c.749 §4~; renumbered 260.4921 260.325 IFormerly 260.540; 1979 c.190 §4; renumbered 246.046] 260.330 lAinended by 1957 c.644 §3; repealed by 1971 c.749 §$2] 2~0.335 11967 c.618 §~2, 3; 1971 c.749 §50; renumbered 260.502} 260.340 [Amended by 1957 c.644 §5:1971 c.749 §51; renumbered 260.512] 260.345 Complaints or other informa- tion regarding violations; action by Sec- retary of State and Attorney General. (1) Any elector may file with any filing officer a written complaint alleging that a violation 200.351 ELECTIONS of an election law has occurred and stating the reason for believing that the vio}ation occurred and any evidence relating to it. A complaint alleging a violation involving the Secreta~' o£ State, a candidate for the office of Secretary of State, or an)' political com- mittee or person supporting the SecretarT of State or a candidate for the office of Secre- tary o£ State may be filed with the Attorney General. The Secretary o£ State or Attorney' Genera] shall not accept an anonymous com- plaint. (2) If the complaint is filed with an)' per- son other than the Secretary of State, that person immediately shall send the complaint to the Secretary (~f State together with any other information relating to the complain[. If the complaint concerns the Secretary o£ State, an)' candidate for the office of the Secretary of State, or an)' political committee or person supporting the candidacy of the Secretary of State or of another person for the office o£ Secretary of State, the com- plaint and additiona} information instead shall be sent to the Attorney General. (3) Upon receipt o£ a complaint under subsection (1) or (2) of this section the Sec- retary o£ State or Attorney General imme- diately shall examine the complaint to determine whether a violation o£ an election law has occurred and sha]] make any inves- tigation the Secretary of State or Attorney Genera] considers necessary. Within 4~ hours o£ receiving a complaint under sub- section (1) or (2) of this section, the Secre- tary of State or Attorney Genera] shall notify the person who is the subject of the complaint that a complaint has been re- ceived. (4) If the Secretary of State believes after an investigation under subsection (3) of this section that a violation of an election lag, has occurred, the secretary: (a) In the case of a violation that is sub- ject to a penalty under ORS 260.993, imme- diately shall report the findings to the Attorney General and request tbrosecution. If the violation involves the Attorney General, a candidate for that office or a political committee or person supporting or .opposing the Att0rnev General or a candidate for that office, the ~ecretary of State shall appoint another prosecutor for that purpose; or Co) In the case of a violation not subject to a penalty under OP~q 260.993, may impose a civil penalty under ORS 260.995. (5) Upon receipt of a complaint or report under subsection (1), (2) or (4) of this section invo]ving an a]]eged violation subject to a penalty under OP~q 260.993, the Attorney Genera] or other prosecutor immediately shall examine the complaint or report to d~- terminc whether a violation of an election' law has occurred. If the Attorney Cronoral or prosecutor determines that a violation has occurred, the Attorney Genera] or prosecutor immediate]y shall begin prosecution in the name of the state. The Attorney C~mera] or other prosecutor shall have the same powers in an)' count)' of this state as the district at- torney for the county. (6) Upon receipt of a complaint under subsection (1) or (2) of this section involving an alleged violation of an election law not subject to a penalty under ORS 260.993, the' Attorney Genera] shall examine the com- plaint to determine whether a violation of an election lag' has occurred and' shall make any investigation the Attorney General con- siders necessary. If the Attorney Genera] be- lieves after an'investigation that a violation oF election law has occurred, the Attorney General may impose a civil penalty as pro- vided in OPJS 260.995. (7) In the case of an alleged violation subject to a civl] penalty under ORS 260.995, a complaint shah be filed by an elector under this section no later than 90 days following the election at which a violation of the election laws is alleged to have occurred, or 90 days following the date the violation of the election laws is alleged to have occurred, whichever is later. ($l A filing officer having reason to be. ]love that a violation of the election laws has occurred shall proceed prompt])' as though the officer had received a comulaint. [Formerly 260.105; 1973 c.744 §24; lOW c.190 §3~15; 1987 c.715 ~2; ]987 c.727 §9; 1989 c.171 §35; ]989 c.301 §1; 1959 c.571 260.3.50 [Repea]ed by ]971 c.749 §~2] 260.351 Court proceedings for election law violations, generally. A proceeding for violation of an election law shall be ad- vanced on the docket of the court upon re- quest of any party. However, the court may postpone or continue the trim if justice d~- mands. As a condition of a continuance or postponement the court may impose costs. No petition shall be dismissed without the consent of the prosecutor, unless it is dis- missed by the court. {Formerly 200.375; 19~5 c.471 260.355 Deprivation of nomination or office for deliberate and materiM election violation. If, after a plea of guilt), by or verdict of guilty against a person nominated or elected to a public office in a criminal prosecution of the person for violation of an election law in regard to either the person's nomination or election, the court determines that the violation was deliberate and mate- rial, the court, in addition to any .other pun- ishment it may impose, shall deprive the person of. the nomination or, if the person 68 CITY OF ASHLAND CITY HALL ASHLAND, OREGON 97520 telephone ((:ode 503) ~182-3211 Election Division Jack Graham, Director 141 State Capitol Salem, Oregon 97310-0722 October 5, 1990 Re: Possible Violation of Oreqon Election Law Attn Jack Graham: Your letter was received in my office October 3, 1990, requesting comments on possible violation of Oregon election laws in regard to a publication in the Daily Tidings without proper identification. I did not request or authorize to have the advertisement in question placed in the newspaper. I had no knowledge before it was placed. It was brought to my attention by a phone call received from a member of the Concerned Neighbors of Ashland Committee. I was also informed that a complaint would be filed with the Secretary of State's office. The complaint alleged that the Planning Director placed the advertisement. I spoke with John Fregonese, Planning Director, and was told that he had placed the ad, with the knowledge of the City Administrator and it was placed for information only and was not a paid political ad. It was a copy of a Resolution (unsigned) that the City Council had passed in April and along with it was a center double page, showing the Council's Adopted Version Open Space and Parks Plan Map. The two were placed at the same time for publication. The Daily Tidings placed the map on the center (2) pages and placed the resolution on the page prior to the map. As noted prior, I had no knowledge of this publication being placed; therefore, I am unable to give you any further information. Sincerely, Nan Franklin City Recorder NF:db OFFICE OF THE SECRETARY OF STATE BARBARA ROBERTS SECRETARY OF STATE October l, 1990 JACK GRAHAM DIRECTOR 141 STATE CAPITOL SALEM, OREGON 97310-0722 ELECTIONS -- (503) 378-4144 Nan E. Franklin, City Recorder City of Ashland 1175 E. Main St. Ashland, OR 97520 Re: Possible Violation of Oregon Election Law You have been advised previously that a written complaint has been received by the Secretary of State alleging that you may have violated provisions of Oregon election law. Specifically, it is alleged that you produced and distributed political material without the proper identification required by ORS 260.522. Enclosed is a copy of the advertisement in question. The complaint alleges that the advertisement published in the May 14, 1990 edition of The Daily Tidings does not contain the proper identification. ORS 260.522{1) states, "Except as provided in this section, no person shall cause to be printed, posted, broadcast, mailed, circulated or otherwise published, any written matter, photograph or broadcast relating to any election or to any candidate or measure at any election, unless it states the name and address of the person responsible for the publication, including a statement that the publication was authorized by the person." Further, ORS 260.522{3) states, "The prohibition under subsection {1) of this section does not apply to: {b) Any written matter relating to a measure at any election prepared under the direction of the governing body of the city, county or district that referred the measure if the written matter is impartial, neither support nor opposes passage of the measure and contains the name and address of the city, county or district." As a part of our investigation we would like your comments on the above allegation. We are particularly interested in your response to the following questions: l) Did you cause the publication and distribution of the advertisement? 2) Who authorized the publication of the advertisement? 3) Please explain why the advertisement was not properly identified with the name and address of the City of Ashland. Include any additional written comments you feel will aid us in our investigation. Nan E. Frankl in, City Recorder October l, 1990 Page 2 Please submit your written answers and comments to this office by October 15, 1990, so that we may resolve this matter expeditiously. Sincerely, JG:rb Enclosure WINVEST: 2659 ' . : 4," "..~ '~ ~'~" :, . :. ~'i,~?;REsoc'uT~oN OF. THE C -COUNCIL OFTHE? 'OF :~:; RECAT~Na TO FUNDING UM~TAT~ONS AND LAND ACQU " "POLICIES' FOB THE OPEN SPACE PA~K5 WHEREAS, on Ma~. 15, 1990 the voters will have the oppoaunit~ to vote on a .~'~"::'~'- ";' ~roposed amendment .to the OityOhaaer, establishing an open Spacepar~S program unfler the management and oontrol of the . '"':-'~ AShland; park and ae0reation Commission; and ~ .WHEREAS, at~that same eleotion the voters will be asked to approv~ an - ...~ --.,,afl~so ballotoonoern~ng the ro osed fundng of land aoquisition ~..::,~.-... "'? for future.park8 and open spaoes; and :~WHEREAS, it i'~th?' desire Of the Mayor. and Oity Oounoil to fu~her olarify the :'.' ~' .:.'~:~ ~ Oity 061ioies:~noerning a limitation on funding for Said program, .. and~tb: reiterate. it8 intention to oarry out the program on a "willing ' ' ....' "'"g'se ~: ,. buy~Nwdhn Iler" basis without resoaing to condemnation. ~NOW, THEREFORE, 'BE IT RESOLVED by the Mayor and City Council as follows: ~;~':.,~ ~ ~.,.~.~,;:~:,,,:¢~...~..~..~~,, "'CTON 'prop of the osed revenue sources shall not be increased ,for,theopen spaceypa ks.p[ogr~ w~thout a fu~her adwsow vote of the c~t~zens ~of.Ashl'"a~'d,'~: ../,~.~'.: :...,.,... . . . ~SECTION 2?~hs,t~the:~?ze o[ the'open~space parks p[ogram as currently ~P'¢~O~PO's~edrrShall':/"b:'5{:;:b~e:;;r~ncreased'withOUt 'a fu~'h~er adwsorv vote of the citizens of ;SECTION 3f~h; ,t~,:itis::the. express intent. of the Ashland Park and Recreation 'SE ..... TION.3:.That ~t ~s the ,ex ress intent of the Ashland Park and Recreat on ~,~O'~imi'..mis'sonand,::,Oity.oouncilr, whdmust jointly concur in the acquisition of any ~;"l~a~'iC.e!;:'~thatl cl,o..ndl,.e.~,.,!.~..natio,:.~shal/..not be used to acquire own&'rship of'any parcel :)'meeting of rth~:.'A~s~filafid..':Oity"Council'on the .24th, day of April, 1990, Na'fi'Ei F~ .... Catherine M. Golden Mayor