HomeMy WebLinkAbout04/09/09 - Daniell Morrow
Statement One or More Petition Circulators Will Be Paid
SEL 301
Initiative/Referendum Only
rev 1/08: ORS 250.045,
ORS 250.165, ORS 255.135
@ Prospective Petition in itia /filing with filing officer
I/We hereby declare one or more petition circulators will be paid money or other valuable consideration for obtaining
signatures of active registered voters on the attached petition. I/We understand the filing officer must be notified
not later than the 10th day after I/we first have knowledge or should have had knowledge that no petition circulator will
be compensated for obtaining signatures. By signing this document, I hereby state that no circulators will be
compensated on this petition based on the number of signatures obtained by the circulator.
o Completed Petition signaturessubmittedforverification
By signing this document, I hereby state that no circulators have been compensated on this petition based on the
number of signatures obtained by the circulator.
Lowest Law Enforcement Priority Policy
subject of initiative or referendum petition
1)~~liL~
signed
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signed
All chief petitioners for an initiative or referendum petition must sign this statement.
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Warning Supplying false information on this form may result in conviction of a felony with a fine of up to $125,000---------_
and/or prison for up to 5 years.
date signed
signed
date signed
.
Statement No Petition Circulators Will Be Paid
SEL 301
Initiative/Referendum Only
rev 1/08: ORS 250.045,
ORS 250.165, ORS 250.265,
ORS 255.135
o Prospective Petition initial filing with filing officer
I/We hereby declare no petition circulators will be paid money or other valuable consideration for obtaining
signatures of active registered voters on the attached petition. I/We understand the filing officer must be notified
not later than the 10th day after I/we first have knowledge or should have had knowledge that any petition
circulator will be compensated for obtaining signatures. By signing this document, I hereby state that no circulators
will be compensated on this petition.
o Completed Petition signaturessubmittedforverification
By signing this document, I hereby state that no circulators were compensated for obtaining signatures on the
attached petition.
subject of initiative or referendum petition
signed
date signed
signed
date signed
signed
date signed
All chief petitioners for an initiative or referendum petition must sign this statement.
.
Warning Supplying false information on this form may result in conviction of a felony with a fine of up to $125,000
and/or prison for up to 5 years.
Prospective Petition for Local Measure
SEL 370
rev 1/08: ORS 250.045,
250.265,250.265,255.135
To the County Elections Filing Officer/City Recorder (Auditor),
We, the undersigned, request the circle one district attorney/city attorney prepare a ballot title for the attached proposed
measure to be submitted to the people of name of county /city/district City of Ashland
please type or print legibly
01nitiative Petition
o Referendum Petition
designating chief petitioners
Every petition must designate not more than three persons as chief petitioners, setting forth the name,
residence address and title (if officer of sponsoring organization) of each. All chief petitioners for an initiative or referen-
dum petition must sign this form. Please carefully read the instructions for circulators and signers on the back of this form.
. name print
Daniel Morrow
residence address
signature . . ()
l> A/J/>JJX 11. v ~J?44r
r
211 West Nevada 8t, Ashland, OR 97520
mailing address ifdifferent
email address and/or website
day phone number
videoman@ccountry.net
sponsoring organization ifany
(541 )-482-2968
.
name print
signature
d ~~.@l1:J1Wll1:
. .)i1q" J
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. .....
................
........
residence address
mailing address ifdifferent
email address and/or website
day phone number
sponsoring organization if any
.
name print
signature
residence address
mailing address ifdifferent
email address and/or website
day phone number
sponsoring organization if any
please read the instructions for circulators and signers on the reverse side
SEL 370
Instructions for Circulators
-70nly active registered voters of the county, city or district may sign a petition.
-7 It is advisable to have signers use a pen for signing petitions or for certifying petitions.
-70nly one circulator may collect signatures on anyone sheet of a petition.
-7Each circulator must personally witness all signatures the circulator collects.
-7Circulators shall not cause to be circulated a petition knowing it to contain a false signature.
-7Circulators shall not knowingly make any false statement to any person who signs it or requests information about it.
-7Circulators shall not attempt to obtain the signature of a person knowing that the person is not qualified to sign it.
-7Circulators shall not offer money or any thing of value to another person to sign or not sign a petition.
-7Circulators shall not sell or offer to sell signature sheets.
-7Circulators shall not write, alter, correct, clarify or obscure any information about the signers unless the signer is disabled
and requests assistance or the signer initials after the cahnges are made.
-7Circulators shall not accept compensation to circulate a petition that is based on the number of signatures obtained.
.
Warning Violations of the circulator requirements may result in conviction of a felony with a fine of up to $125,000
and/or prison for up to 5 years.
Instructions for Signers
-70nly active registered voters of the county, city or district may sign a petition. Sign your full name, as you did when you
registered to vote.
-7Please fill in the date on which you signed the petition, your printed name and your residence address in the
spaces provided.
-7lnitial any changes that you or the circulator makes to your printed name, residence address or date on which you signed
the petition.
-7 It is advisable to use a pen for signing petitions.
-7lt is unlawful to sign any person's name other than your own. Do not sign another person's name under any circumstances.
-7 It is unlawful to sign a petition more than once.
-7lt is unlawful for a person to knowingly sign a petition when the person is not qualified to sign it.
The Ashland City Charter is hereby amended to add an article after article 15, to be known as Article
15A.
Lowest Law Enforcement Priority Policy
Section 1. Purpose The purpose of this article is:
(a) to make investigations, citations, arrests, property seizures, and prosecutions for adult
marijuana-related offenses, the City of Ashland's lowest law enforcement priority; and
(b) to transmit notification of the enactment of this initiative to state and federal elected officials
who represent the City of Ashland; and
(c) to create a Citizen Oversight Committee to oversee the implementation of this article.
Section 2. Definitions For the purposes of this article, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
(a) "Adult" means an individual who is 18 years of age or older.
(b) "Ashland law enforcement officer" means a member of the Ashland Police Department or
any other city agency or department that engages in law enforcement activity.
(c) "Lowest law enforcement priority" means a priority such that law enforcement activities
related to adult marijuana-related offenses will be lower priority than law enforcement activities
related to any offense other than adult marijuana-related offenses, other than the exceptions
designated in this article.
(d) "Marijuana" means all parts of the cannabis plant, whether growing or not; the seeds
thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or its resin.
Section 3. Lowest Law Enforcement Priority Policv
(a) Ashland law enforcement officers, the legal division of the City of Ashland and the office of
the Ashland City Attorney shall make law enforcement activity relating to adult marijuana-
related offenses their lowest law enforcement priority. Law enforcement activities relating to
marijuana-related offenses include, but are not limited to, investigation, citation, arrest, seizure
of property, prosecution of adult marijuana-related offenses, or providing assistance to the
prosecution of adult marijuana-related offenses,
(b) This Lowest Law Enforcement Priority Policy shall not apply to the following:
(i) distribution or sale of marijuana to minors; possession, use, distribution, sale, or
cultivation of marijuana by minors; distribution, sale, cultivation, or use of marijuana on
public property;
(ii) marijuana-related offenses on private property, if a legal resident requests police
intervention, or in the case of private property with no legal residents, if a person in
lawful possession of the private property requests police intervention; and
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(iii) marijuana-related offenses within 40 feet of any lawfully licensed business, if the
licensee, licensee's agent, employee, or contractor, with the authority to do so, requests
police intervention; and
(iv) marijuana-related offenses within 250 feet of the boundaries of any school ordinarily
attended by children under 18 years of age.
(c) The Lowest Law Enforcement Priority Policy shall apply to cooperating with state or federal
agents to arrest, cite, investigate, prosecute, or seize property from adults for marijuana-related
offenses included in the Lowest Law Enforcement Priority Policy.
(d) Ashland law enforcement officers shall not accept or renew formal deputization or
commissioning by a federal law enforcement agency if such deputization or commissioning will
include investigating, citing, arresting, or seizing property from adults for marijuana-related
offenses included in the Lowest Law Enforcement Priority Policy.
(e) Ashland shall not accept any federal funding that would be used to investigate, cite, arrest,
prosecute, or seize property from adults for marijuana-related offenses included in the Lowest
Law Enforcement Priority Policy.
Section 4. Community Oversight Committee
(a) Established - Membership
The Community Oversight Committee is hereby established to oversee the implementation of
Ashland's Lowest Law Enforcement Priority Policy and to provide advice and guidance to
comissions, committees, boards, the Council and city departments on all Lowest Law
Enforcement Priority Policy related matters. The committee shall consist of the actual number
of current sitting committee members appointed by the Mayor and confirmed by the City
Council pursuant to Section 4(b) of this Article, but in no case shall there be less than five
voting members nor more than seven voting members consisting of two city residents at large;
one criminal defense attorney; one civil liberties advocate; one medical marijuana patient; one
medical professional; and one drug abuse, treatment, and prevention counselor. Two non-
voting ex officio members shall consist of a representative from the Ashland Police Department
and a representative from the Ashland City Attorney's Office. The mayor shall also designate a
non-voting council member as liaison to the committee, At least five voting members of the
committee shall reside inside the city limits. The voting members shall be appointed by the
Mayor with confirmation by the City Council.
(b) Term - Vacancies
The term of a voting committee member shall be for three years. Any vacancy shall be filled as
soon as possible by appointment of the Mayor with confirmation by the City Council for the
unexpired portion of the term. The terms of the initial members shall be two for one year, three
for two years, and two for three years, which shall be drawn by lot at the first meeting of the
committee after the adoption of this article. Any committee member with four or more
unexcused absences from meetings in a one-year period shall be considered no longer active
and the position vacant, and a new committee member shall be appointed to fill the vacancy.
(c) Quorum - Rules and Meetings
A quorum shall be defined as one-half the number of sitting voting committee members, plus
one, but in no case less than three. If there is no quorum, no official committee business shall
be conducted and all matters advertised shall automatically be continued to the next regularly
scheduled meeting. The committee may make rules and regulations for its meetings and
procedures consistent with city ordinances, and shall meet at least once every month. At its
first meeting of each year the committee shall elect a Chair and a Vice-Chair,
(d) Powers and Duties - Generally
The powers, duties and responsibilities of the Community Oversight Committee shall be as
follows:
(i) To act in an advisory capacity to the City Administrator and to all City departments
regarding the Lowest Law Enforcement Priority Policy or any related issues in the City
and on all City properties.
(ii) To act in an advisory capacity to the City Council in the administration of the Lowest
Law Enforcement Priority Policy,
(ii) To ensure timely implementation of this article, with the cooperation of the Ashland
City Attorney's Office and the Ashland Police Department in providing needed data,
(iv) To receive any grievances from individuals who believe they were subjected to law
enforcement activity contrary to the Lowest Law Enforcement Priority Policy.
(v )To design a supplemental report form by no later than seven months after the
enactment of this article, which Ashland law enforcement officers shall use to report all
adult marijuana-related arrests, citations, property seizures, and instances of assisting
in state or federal arrests, citations, and property seizures for any adult marijuana-
related offense. The supplemental report form shall be designed to elicit sufficient
details about each incident and the circumstances surrounding each incident for the
committee to determine whether the Ashland law enforcement officer's or officers'
actions were consistent with the Lowest Law Enforcement Priority Policy. The form shall
have questions that include but are not limited to:
(A) the time and date of the arrest, citation, or property seizure;
(8) the location of the arrest, citation, or property seizure, including whether it
was on public or private property;
(C) a description of how the officer came to encounter the marijuana, and
whether the investigation began for a reason other than a possible marijuana-
related violation;
(D) the age, race, and gender of the person who was arrested or cited or had his
or her property seized;
(E) the name and badge number of each Ashland law enforcement officer
involved in the arrest, citation, or property seizure.
(vi) To request additional information from any Ashland law enforcement officer who
engaged in law enforcement activity relating to one or more marijuana-related offenses
under circumstances which appear to violate the Lowest Law Enforcement Priority
Policy. An officer's decision not to provide additional information shall not be grounds for
discipline.
(e) Reports from Law Enforcement Officers
Ashland law enforcement officers shall submit to the committee a supplemental report within
two weeks after each adult marijuana-related arrest, citation, or property seizure or instance of
assisting in a state or federal arrest, citation, or property seizure for any adult marijuana-related
offense in Ashland.
(f) Reports from the Committee
The committee shall submit copies of its minutes to the City Council and shall prepare and
submit such reports as from time to time may be requested of them by the City Council. The
committee shall submit written reports semiannually to the Ashland City Council on the
implementation of this article, with the first report being issued nine months after the enactment
of this article. These reports shall include, but not necessarily be limited to: the number of all
arrests, citations, property seizures, and prosecutions for marijuana-related offenses in
Ashland; the breakdown of arrests and citations by age, race, specific charge, and
classification as infraction, misdemeanor, or felony; any instances of law enforcement activity
that the committee believes violated the spirit of Lowest Law Enforcement Priority Policy; and
the estimated time and money spent by the city on law enforcement and punishment for adult
marijuana-related offenses,
(g) Donations
Subject to the formal acceptance by the City Council, the committee may receive gifts,
bequests or other devices of property in the name of the City to carry out any of the purposes
of this article, which shall be placed in a special account for use at the discretion of the
committee.
(h) Compensation
Voting members of the committee shall receive no compensation for services rendered.
Section 5. Notification of Federal and State Officials Beginning three months after the enactment of
this article, the city recorder shall execute a mandatory and ministerial duty of sending letters on an
annual basis to Ashland voters' U.S. representative or representatives, both of Oregon's U.S.
senators, Ashland voters' senators and Assembly members in the Oregon State Legislature, the
Governor of Oregon, and the President of the United States. This letter shall state, "The citizens of
Ashland have passed an initiative to de-prioritize adult marijuana offenses, and request that the
federal and Oregon state governments take immediate steps to enact similar laws." This duty shall be
carried out until state and federal laws are changed accordingly.
Section 6. Enforceability All sections of this article are mandatory. If any provision of this article is not
carried out properly, any person may seek a writ of mandamus to ensure the law is fully implemented.
Section 7. Severability If any provision of this article or the application thereof to any person or
circumstance is held invalid, the remainder of the article and the application of such provisions to other
persons or circumstances shall not be affected thereby.
Section 8. Enactment Unless otherwise provided by ordinance or statute, this ordinance shall take
effect upon the certification of the election results establishing passage of this ordinance.
The Ashland City Charter is hereby amended to add an article after article 15, to be known as Article
15A.
Lowest Law Enforcement Priority Policy
Section 1. Purpose The purpose of this article is:
(a) to make investigations, citations, arrests, property seizures, and prosecutions for adult
marijuana-related offenses, the City of Ashland's lowest law enforcement priority; and
(b) to transmit notification of the enactment of this initiative to state and federal elected officials
who represent the City of Ashland; and
(c) to create a Citizen Oversight Committee to oversee the implementation of this article.
Section 2. Definitions For the purposes of this article, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
(a) "Adult" means an individual who is 18 years of age or older.
(b) "Ashland law enforcement officer" means a member of the Ashland Police Department or
any other city agency or department that engages in law enforcement activity.
(c) "Lowest law enforcement priority" means a priority such that law enforcement activities
related to adult marijuana-related offenses will be lower priority than law enforcement activities
related to any offense other than adult marijuana-related offenses, other than the exceptions
designated in this article.
(d) "Marijuana" means all parts of the cannabis plant, whether growing or not; the seeds
thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or its resin.
Section 3. Lowest Law Enforcement Priority Policy
(a) Ashland law enforcement officers, the legal division of the City of Ashland and the office of
the Ashland City Attorney shall make law enforcement activity relating to adult marijuana-
related offenses their lowest law enforcement priority. Law enforcement activities relating to
marijuana-related offenses include, but are not limited to, investigation, citation, arrest, seizure
of property, prosecution of adult marijuana-related offenses, or providing assistance to the
prosecution of adult marijuana-related offenses.
(b) This Lowest Law Enforcement Priority Policy shall not apply to the following:
(i) distribution or sale of marijuana to minors; possession, use, distribution, sale, or
cultivation of marijuana by minors; distribution, sale, cultivation, or use of marijuana on
public property;
(ii) marijuana-related offenses on private property, if a legal resident requests police
intervention, or in the case of private property with no legal residents, if a person in
lawful possession of the private property requests police intervention; and
(iii) marijuana-related offenses within 40 feet of any lawfully licensed business, if the
licensee, licensee's agent, employee, or contractor, with the authority to do so, requests
police intervention; and
(iv) marijuana-related offenses within 250 feet of the boundaries of any school ordinarily
attended by children under 18 years of age.
(c) The Lowest Law Enforcement Priority Policy shall apply to cooperating with state or federal
agents to arrest, cite, investigate, prosecute, or seize property from adults for marijuana-related
offenses included in the Lowest Law Enforcement Priority Policy.
(d) Ashland law enforcement officers shall not accept or renew formal deputization or
commissioning by a federal law enforcement agency if such deputization or commissioning will
include investigating, citing, arresting, or seizing property from adults for marijuana-related
offenses included in the Lowest Law Enforcement Priority Policy.
(e) Ashland shall not accept any federal funding that would be used to investigate, cite, arrest,
prosecute, or seize property from adults for marijuana-related offenses included in the Lowest
Law Enforcement Priority Policy.
Section 4. Community Oversight Committee
(a) Established - Membership
The Community Oversight Committee is hereby established to oversee the implementation of
Ashland's Lowest Law Enforcement Priority Policy and to provide advice and guidance to
comissions, committees, boards, the Council and city departments on all Lowest Law
Enforcement Priority Policy related matters. The committee shall consist of the actual number
of current sitting committee members appointed by the Mayor and confirmed by the City
Council pursuant to Section 4(b) of this Article, but in no case shall there be less than five
voting members nor more than seven voting members consisting of two city residents at large;
one criminal defense attorney; one civil liberties advocate; one medical marijuana patient; one
medical professional; and one drug abuse, treatment, and prevention counselor. Two non-
voting ex officio members shall consist of a representative from the Ashland Police Department
and a representative from the Ashland City Attorney's Office. The mayor shall also designate a
non-voting council member as liaison to the committee. At least five voting members of the
committee shall reside inside the city limits. The voting members shall be appointed by the
Mayor with confirmation by the City Council.
(b) Term - Vacancies
The term of a voting committee member shall be for three years. Any vacancy shall be filled as
soon as possible by appointment of the Mayor with confirmation by the City Council for the
unexpired portion of the term. The terms of the initial members shall be two for one year, three
for two years, and two for three years, which shall be drawn by lot at the first meeting of the
committee after the adoption of this article. Any committee member with four or more
unexcused absences from meetings in a one-year period shall be considered no longer active
and the position vacant, and a new committee member shall be appointed to fill the vacancy.
(c) Quorum - Rules and Meetings
A quorum shall be defined as one-half the number of sitting voting committee members, plus
one, but in no case less than three. If there is no quorum, no official committee business shall
be conducted and all matters advertised shall automatically be continued to the next regularly
scheduled meeting. The committee may make rules and regulations for its meetings and
procedures consistent with city ordinances, and shall meet at least once every month. At its
first meeting of each year the committee shall elect a Chair and a Vice-Chair.
(d) Powers and Duties - Generally
The powers, duties and responsibilities of the Community Oversight Committee shall be as
follows:
(i) To act in an advisory capacity to the City Administrator and to all City departments
regarding the Lowest Law Enforcement Priority Policy or any related issues in the City
and on all City properties.
(ii) To act in an advisory capacity to the City Council in the administration of the Lowest
Law Enforcement Priority Policy.
(ii) To ensure timely implementation of this article, with the cooperation of the Ashland
City Attorney's Office and the Ashland Police Department in providing needed data.
(iv) To receive any grievances from individuals who believe they were subjected to law
enforcement activity contrary to the Lowest Law Enforcement Priority Policy.
(v )To design a supplemental report form by no later than seven months after the
enactment of this article, which Ashland law enforcement officers shall use to report all
adult marijuana-related arrests, citations, property seizures, and instances of assisting
in state or federal arrests, citations, and property seizures for any adult marijuana-
related offense. The supplemental report form shall be designed to elicit sufficient
details about each incident and the circumstances surrounding each incident for the
committee to determine whether the Ashland law enforcement officer1s or officers'
actions were consistent with the Lowest Law Enforcement Priority Policy. The form shall
have questions that include but are not limited to:
(A) the time and date of the arrest, citation, or property seizure;
(8) the location of the arrest, citation, or property seizure, including whether it
was on public or private property;
(C) a description of how the officer came to encounter the marijuana, and
whether the investigation began for a reason other than a possible marijuana-
related violation;
(D) the age, race, and gender of the person who was arrested or cited or had his
or her property seized;
(E) the name and badge number of each Ashland law enforcement officer
involved in the arrest, citation, or property seizure.
(vi) To request additional information from any Ashland law enforcement officer who
engaged in law enforcement activity relating to one or more marijuana-related offenses
under circumstances which appear to violate the Lowest Law Enforcement Priority
Policy. An officer's decision not to provide additional information shall not be grounds for
discipline.
(e) Reports from Law Enforcement Officers
Ashland law enforcement officers shall submit to the committee a supplemental report within
two weeks after each adult marijuana-related arrest, citation, or property seizure or instance of
assisting in a state or federal arrest, citation, or property seizure for any adult marijuana-related
offense in Ashland.
(f) Reports from the Committee
The committee shall submit copies of its minutes to the City Council and shall prepare and
submit such reports as from time to time may be requested of them by the City Council. The
committee shall submit written reports semiannually to the Ashland City Council on the
implementation of this article, with the first report being issued nine months after the enactment
of this article. These reports shall include, but not necessarily be limited to: the number of all
arrests, citations, property seizures, and prosecutions for marijuana-related offenses in
Ashland; the breakdown of arrests and citations by age, race, specific charge, and
classification as infraction, misdemeanor, or felony; any instances of law enforcement activity
that the committee believes violated the spirit of Lowest Law Enforcement Priority Policy; and
the estimated time and money spent by the city on law enforcement and punishment for adult
marijuana-related offenses.
(g) Donations
Subject to the formal acceptance by the City Council, the committee may receive gifts,
bequests or other devices of property in the name of the City to carry out any of the purposes
of this article, which shall be placed in a special account for use at the discretion of the
committee.
(h) Compensation
Voting members of the committee shall receive no compensation for services rendered.
Section 5. Notification of Federal and State Officials Beginning three months after the enactment of
this article, the city recorder shall execute a mandatory and ministerial duty of sending letters on an
annual basis to Ashland voters' U.S. representative or representatives, both of Oregon's U.S.
senators, Ashland voters' senators and Assembly members in the Oregon State Legislature, the
Governor of Oregon, and the President of the United States. This letter shall state, "The citizens of
Ashland have passed an initiative to de-prioritize adult marijuana offenses, and request that the
federal and Oregon state governments take immediate steps to enact similar laws." This duty shall be
carried out until state and federal laws are changed accordingly.
Section 6. Enforceability All sections of this article are mandatory. If any provision of this article is not
carried out properly, any person may seek a writ of mandamus to ensure the law is fully implemented.
Section 7. Severability If any provision of this article or the application thereof to any person or
circumstance is held invalid, the remainder of the article and the application of such provisions to other
persons or circumstances shall not be affected thereby.
Section 8. Enactment Unless otherwise provided by ordinance or statute, this ordinance shall take
effect upon the certification of the election results establishing passage of this ordinance.
County Clerk
Chris Walker
JACKSON COUNTY
oregon
10 S, Oakdale, Rm 216A
Medford, OR 97501
Phone: 541-774-6125
Fax: 541-774-6140
WalkerCD@jacksoncounty.org
www.jacksoncounty.org
March 18,2009
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By.
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Dan Morrow
211 West Nevada Street
Ashland OR 97520
Dear Dan,
Enclosed is a copy of the prepared and filed ballot title (ORS 250.035, 250.175 and 250.195)
for the Initiative Petition submitted (The Lowest Law Enforcement Priority Act). The notice of
receipt of ballot title has been sent for publication in the next available edition of the Medford
Mail Tribune.
If you have further questions please feel free to call anytime.
Christine D. alker
Jackson County Clerk
The Lowest law Enforcement Prioritv Act
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Caption: Ordinance Amendment to Establish a County Policy Regarding Marijuana
Enforcement.
Question: Should County Ordinance Be Amended to Mandate that Enforcement of
Certain Marijuana Laws is the Lowest County Law Enforcement Priority?
Summary: Laws creating criminai offenses regarding marijuana are estabiished at the
state and federal level. Jackson County currently has no sections of its Ordinance
Code that deal with marijuana or which set priorities for County law enforcement
agencies.
This Ordinance would establish that County law enforcement activity relating
to marijuana offenses, where the marijuana was intended for adult personal use, is
the lowest law enforcement priority.
The new Jackson County policy would include, among other things, the
following provisions:
· A purpose statement;
· A listing of findings concerning marijuana laws;
· Defin itions for certain terms;
. A listing of exceptions to which the Act shall not apply;
· A limitation on federal funding that could be accepted by Jackson County for
certa in law enforcement activity involving marijuana;
· The creation of an oversight committee;
· A requirement that the County Clerk annually send letters concerning the Act
to state and federal elected officials;
· A legal remedy for any person who feels the Act has not been carried out
properly; and
· A severability clause.
CITY OF
ASHLAND
April 9, 2009
Daniel Morrow
211 West Nevada Street
Ashland, OR 97520
Dear Chief Petitioners:
As the City's Election Official, pursuant to ORS 250.270, I have completed my review of the proposed
initiative petition to am,end the Ashland City Charter entitled, "Lowest Law Enforcement Priority Policy",
. and determined that the proposed initiative does not comply with the constitutional requirement for
"municipal legislation" as set forth in Oregon Constitution, Article IV, Section 1 (5), and Article XI,
Section 2. Accordingly the proposed initiative petition is rejected.
The Constitutional requirements for an initiative petition are that the initiative is: 1) composed of a single
subject, and 2) constitutes "municipal legislation". Or. Const. Art. IV, S 1 (2)(d) and Or. Const. Art. IV,S 1
(5). The Oregon Constitution limits what constitutes "municipal legislation" by expressly stating that
"[t]he legal voters of every city and town are hereby granted power to enact and amend their municipal
charter, subiect to the Constitution and criminal laws of the State of Oregon..." Or. Const. Art. XI, S 2.
(emphasis added). In addition, the Oregon courts have stated that proper initiatives must be legislative,
and that administrative matters are properly excluded from the ballot. Legis~ative activity has been
defined as "making laws of general applicability and permanent nature," and administrative activity has
been defined as what is "necessary to carry out legislative policies and purposes already declared."
The question of whether a proposed municipal initiative is legislative or administrative turns on whether
the proposed initiative makes a decision [or decisions] or whether it changes the framework within which
decisions are made. While the proposed initiative attempts to change the framework for law enforcement
decisions relative to marijuana offenses, it actually dictates the decisions to be made by City of Ashland
personnel (i.e. changes the outcome of following the legislative plan) in every instance. Further, given
that the framework for criminal law decisions is created by' Oregon state statute, and this framework is a
"completed legislative plan, requiring no further legislative contribution," a local initiative cannot change
it without violating the Oregon Constitution, Article XI, Section 2. .
In determining whether the proposed initiative complies with constitutional requirements, legal advice
was sought and the following submitted to support rejection of the proposed initiative to amend the City
Charter.
The Oregon Court of Appeals recently summarized the two most recent Oregon Supreme Court
decisions concerning whether an initiative concerns "municipal legislation" under Article IV,
Section 1 (5):
CITY RECORDER'S OFFICE
Barbara Christensen, City RecorderlTreasurer
20 E Main Tel: 541-488-5307
Ashland, Oregon 97520 Fax: 541-552-2059
www.ashland.or.us TTY: 800-735-2900
~.t. .,
In Foster v. Clark, 309 Ore. 464, 790 P.2d 1 (1990), the proposed initiative sought to undo an
action of the Portland City Council that renamed a street. The Supreme Court pointed out that, at
the time the sponsors filed the proposed petition, the city had established a policy and
accompanying procedures for renaming streets. Because of that scheme, acts of renaming streets
were administrative, not legislative, decisions. The court recognized that renaming a street could
be a legislative decision, if the city did so by specific ordinances. When, however, the legal
framework for the decision included a specific procedure for renaming, actions that followed that
procedure were administrative. The proposed initiative did not seek to change the framework for
renaming, only to change a specific decision. 309 Ore. at 472-75.
In Lane Transit District v. Lane County, 327 Ore. 161, 957 P.2d 1217 (1998), the proposed
initiative would have established the salary of the District's director. The Supreme Court
determined that existing state statutes created a completed legislative plan for the appointment,
compensation, and removal of the director of a transit district. The act of setting the specific
salary of a specific director, thus, was an administrative implementation of that legislative plan
and was not a proper subject for an initiative measure. 327 Ore. at 168-69. As in Foster, the
proposed initiative did not attempt to change the existing legislative plan. Indeed, given that the
existing plan was the creature of state statutes, a local initiative could not have changed it.
Petitioners assert that the proposed initiative creates a new policy and a framework for the
implementation of that policy. However, the proposed initiative actually dictates the result
(changes the outcome) in specific law enforcement situations concerning marijuana offenses
which are already governed by an existing legal framework created by state law. That statutory
legal framework is a "completed legislative plan, requiring no further legislative contribution."
Finally, under the law, if a "completed legislative plan, requiring no further legislative
contribution" exists, then changing the outcome of following that legislative plan may establish
that the activity is "administrative" and not subject to the initiative and referendum process. See
.Foster v. Clark, 309 Or. 464, 473-474.
Under the existing legal framework of state criminal law, a law enforcement officer may arrest a
person for possession of less than an ounce of marijuana within 1,000 feet of a school. [ORS
475.864(4)]. Th~ offense is a Class C Misdemeanor crime. The officer's decision to arrest is
governed by ORS 133.220 and ORS 133.310. The decision to arrest is based upon the officer's
finding of probable cause. Under ORS 131.005(11), probable cause is the officer's substantial
objective basis for believing that more likely than not an offense has been committed and a
person to be arrested has committed it. The officer applies this existing legal framework of state
law in making the decision. If the officer has probable cause the officer may elect to arrest, or the
officer may elect to issue a citation in lieu of arrest. [ORS 133.055]. Lacking probable cause, the
officer will make the decision not to arrest. This petition disregards this framework and dictates
the 'no action" result, discussed below.
Like the existing City legal framework in Foster and the completed legislative plan in state
statutes in Lane Transit District, the legal framework for the decision to arrest or not arrest
exists in state statutes. While it is true that the proposed petition does not dictate any individual
defendant's arrest decision, it does dictate results in specific marijuana cases. The proposed
initiative imposes the petitioner's preferred result despite the existing statutory framework for the
decision. That is, the officer is directed to take no action, not arrest, not cite, and not seize the
contraband, when faced with a marijuana offense, that is, ~ there are no other offenses that
CITY RECORDER'S OFFICE
Barbara Christensen, City RecorderlTreasurer
20 E Main Tel: 541-488-5307
Ashland, Oregon 97520 Fax: 541-552-2059
www.ashland.or.us TTY: 800-735-2900
r.l'
deserve the Officer's attention. [Under the prospective petition even a city ordinance offense like
not picking up after your dog would have a higher priority than a marijuana crime.] The petition
dictates the decision, the functional equivalent of "do nothing", despite the existing statutory
framework for the arrest decision. Similar comprehensive statutory schemes exist and provide a
legal framework for other covered non-criminal violation decisions [e.g. ORS Chapter 153] as
well as decisions regarding the seizure of contraband. Compare the comprehensive legislative
plan for search and seizure in ORS 133.545 et. seq. to the policy's coverage of search and seizure,
[Petition Section 3.a.], including an "exception" to the policy which includes only consent
searches. [Petition Section 3.b/ii.]
Further, as with Lane Transit, because the criminal law legal framework is set by Oregon state
statute, it cannot be changed in a local City of Ashland initiative, even an. initiative which amends
the City Charter. (See Lane Transit quoted above: "Indeed, given that the existing plan was the
creature of state statutes, a local initiative could not have changed it.") In fact, the legislative
plan in the area of criminal law is so comprehensive and so complex that the Ore!!on
Constitution itself precludes the state criminal law from being a subject of local municipal
legislation. The Oregon Constitution Article XI, Section 2 provides in pertinent part:
The legal voters of every city and town are hereby granted power to enact and amend
their municipal charter, subject to the Constitution and criminal laws of the State of
Oregon .... [emphasis added]
This is the third submittal of this petition. The initial (December 3, 2008) submittal of this
petition attempted to create a new Chapter 10.105 of the Ashland Municipal Code and included
an amendment to existing law shown in underline text below:
10.104.010 Adoption of State Criminal Law and Procedures
Except as provided in Chapter 10.105. Sections 10.105.10 through 10.105.090. all
infractions, violations and misdemeanors and penalties, procedures and other provisions
relating thereto contained in Oregon Revised Statutes Chapters 131 through and
including 167, and Chapters 471 through 475 are hereby adopted in full.
The added text makes state criminal law and procedures subject to this local petItIOn.
Accordingly, the initial submittal honestly identified tht? legal framework or comprehensive
legislative plan sought to be amended, that being the state criminal law. While the second and
third submittals removed this provision, the legal framework which is the actual subject of the
petition remains the state law. Accordingly, the proposed petition seeks to achieve under a
proposed new City Charter "policy" of lowest law enforcement priority, which cannot be
achieved in municipal legislation, that is, an amendment to Oregon Revised Statutes.
Given the examples above, petitioners might just as well propose an amendment to ORS 133.310
and ORS 475.864(4), to add text stating that "notwithstanding probable cause, the officer cannot
arrest for a marijuana offense between 250 feet and 1,000 feet of a school if the officer can find
something else to do." Similarly, petitioners could propose an amendment to ORS 133.545 to
clarify that notwithstanding the procedures and safeguards set forth herein, no warrant may be
issued for search and seizure when the object of the warrant concerns law enforcement activities
related to adult marijuana offenses. FInally, it is apparent that the framework for the decisions
which Petitioners wish to change is found in existing state statutes and is beyond the reach of
CITY RECORDER'S OFFICE
Barbara Christensen, City Recorder/Treasurer
20 E Main Tel: 541-488-5307
Ashland, Oregon 97520 Fax: 541-552-2059
www.ashland.or.us TTY: 800-735-2900
r.l'
municipal legislation as bounded by Article XI, Section 2 of the Oregon Constitution. This is not
a simple state law preemption argument but a constitutional limitation on local initiative power.
Similar attempts have resulted in the Oregon Courts directing the petitioners to seek amendment
to state statutes creating the framework for the municipal and/or county decisions. See Yam hill
v. Dauenhauer, 6 Ore. App. 422 (1971) (The initiative measure could not be used to defeat the
general legislation of Oregon, by which the Oregon Legislature delegated power to the county
regarding bridge construction. The proper remedy was the repeal of ORS 382.245)
In conclusion, the prospective initiative is not "municipal legislation" as it dictates the
administration of criminal laws and violations concerning marijuana by law enforcement
personnel. As such the proposed initiative violates Oregon Constitution, Article IV, Section 1 (5)
as well as .Oregon Constitution Article XI, Section 2.
If the electors of the City of Ashland desire to change the existing framework for decisions on marijuana
offenses, such efforts must be directed toward repeal or amendment of the authority which state
legislation has granted; this involves a state measure, not a local initiative petition.
~
Barbara Christensen
City Recorder
Cc: City Attorney Office
CITY RECORDER'S OFFICE
Barbara Christensen, City Recorder/Treasurer
20 E Main Tel: 541-488-5307
Ashland, Oregon 97520 Fax: 541-552-2059
www.ashland.or.us TTY: 800-735-2900
r.,
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