HomeMy WebLinkAbout12/03/08 - Safer Ashland
Prospective Petition for Local Measure
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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 It -illtorn~.l>repare a ballot title for the attached proposed
measure to be submitted to the people of name ofcount~istrict 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
-_.~
Christopher P. Perme
residence address
272 N. First Street, Ashland, OR 97520
mailing address if different
email address and/or website
day phone number
sponsoring organization if any
.
name print
signature
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Daniel B. Morrow
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residence address
211 W. Nevada St., Ashland, OR 97520
mailing address if different
email address and/or website
day phone number
sponsoring organization if any
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. name print ~ C)
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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.
-7lt 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.
-7 It is unlawful to sign any person's name other than your own. Do not sign another person's name under any circumstances.
-7lt 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.
Statement One or More Petition Circulators Will Be Paid
Initiative/Referendum Only
SEL 301
rev 1/08: ORS 250.045,
ORS 250.165, ORS 255.135
@ Prospective Petition initial 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 laterthan 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 Com pi eted Petiti on signatures submitted for verification
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 0 ferendum petition
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All chief petitioners for an initiative or referendum petition must sign this statement. It;
- I
Warning Supplying false information on this form may result in conviction of a felony with a fine of up to $125,00Jl.J " ,-
and/or prison for up to 5 years. BY: __ f'!L/
---.-....-......~
.
Statement No Petition Circulators Will Be Paid
SEL 301
Initiative/Referendum Only
rev 1/08: ORS 250.045,
o Pros pective Petiti 0 n initialfiling 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.
ORS 250.165, ORS 250.265,
ORS 255.135
o Com pi eted Petiti on signatures submitted for verification
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.
Statement of Organization for Chief Petitioner Committee
SEL 222
rev 12/07: ORS 260.118
Filing a New Committee: This form must be completed and filed by chief petitioners of an initiative, referendum or recall
petition within 3 business days of first receiving a contribution or making an expenditure and no later than the date the petition
is approved for circulation. For a recall petition, it must be filed with the prospective petition.The "Original" box should be
marked. A date stamped copy of this form, which includes the committee's identification number, will be returned to the treasurer
as an acknowledgment of the filing.
Chief Petitioners: A chief petitioner committee must list all chief petitioners of the petition.
Amending Information on this Form: Any change in the information on this form must be filed within 10 days of the change.To
notify the Elections Division of a change in information, submit this form, completed in its entirety, and mark the "Amendment" box.
Discontinuing: A chief petitioner may discontinue their committee by disclosing all transactions that achieve a zero balance
and filing a completed SEL 222 with the "Discontinuation" box marked. Discontinuation of a state initiative or referendum chief
petitioner committee prior to the deadline for submitting signatures for verification can occur only ifthe petition is withdrawn.
please type or print legibly in black ink
1DJ~~D:gW7.' .n:.. ':rm
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................
This filing is an:
o Original
OAmendment
o Discontinuation
J, name of committee If changing committee name, please include former name.
abbreviation or acronym
Safer Ashland
committee address street/route, city, state, zip code; no post office box numbers
211 W. Nevada St. Ashland, OR 97520
campaign phone
name of treasurer
o Mr 0 Ms Daniel B. Morrow
mailing address for committee correspondence
211 W. Nevada St. Ashland, OR 97520
work phone
home phone
541-324-3283
fax
541-482-2968
email address
name of alternate transaction filer
videoman@ccountrv.net
o Mr 0 Ms
mailing address for alternate transaction filer street/route, city, state, zip code
email address
type of chief petitioner committee mark both type of petition AND jurisdiction
type of petition
01nitiative
o Referendum
o Recall
jurisdiction
o State*
OCounty
.City
OSpecial District
date prospective petition filed mm/dd/yy
* date of election (only required for state petitions) mm/dd/yy
continued on the reverse side of this form
SEL 222
J., subject or ballot title of petition/name of public official for recall
Lowest Law Enforcement Priority Policy
. name of chief petitioner
Christopher P. Perme
address including zip code
phone number
. 272 N. First St., Ashland, OR 97520
name of chief petitioner
phone number
Daniel B. Morrow
address including zip code
541-482-2968
. ~11oYYh;e~p~~t~~~ St.,Ashland, OR 97520
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phone number
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J., signature
By signing this document I acknowledge that I am personally liable for any penalties imposed under ORS chapter 260, and
attest that the information on the form is true and correct.
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chief petitioner's signature (optional)
date signed
for office use only
initials
committee ID number
office number
date acknowledgment sent
Lowest Law Enforcement Priority Policy
The people of Ashland ordain:
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B Y: ____~__________
Section 10.104.010 of the Ashland Municipal Code is amended to read:
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.
Title 10 of the Ashland Municipal Code is amended to add a new chapter, 10.105, entitled "Lowest
Law Enforcement Priority Policy;' to read as follows:
Chapter 10.105
Sections
10.105.010 Title
10.105.020 Purpose
10.105.030 Findings
10.105.040 Definitions
1 0.1 05.050 Lowest Law Enforcement Priority Pol icy
10.105.060 Community Oversight Commission
10.105.070 Notification of Federal and State Officials
10.105.080 Enforceability
10.105.090 Severability
10.105.010 Title
This chapter shall be known as the Lowest Law Enforcement Priority Policy.
10.105.020 Purpose
The purpose of this chapter is:
(1) to make investigations, citations, arrests, property seizures, and prosecutions for adult marijuana
offenses, where the marijuana was intended for adult personal use, the city of Ashland's lowest law
enforcement priority; and
(2) to transmit notification of the enactment of this initiative to state and federal elected officials
who represent the city of Ashland.
10.105.030 Findings
(1) The federal government's war on drugs has failed.
(2) Ashland should determine its marijuana policies locally, not hand them over to the federal Drug
Enforcement Administration.
(3) Otherwise law-abiding adults are being arrested and imprisoned for nonviolent marijuana
offenses, which is clogging courts and jails in Oregon.
(4) Each year, Oregon spends millions of taxpayer dollars enforcing marijuana laws.
(5) Law enforcement resources would be better spent fighting serious and violent crimes.
(6) Making adult marijuana offenses Ashland's lowest law enforcement priority will reduce the City's
spending on law enforcement and punishment.
(7) Decades of arresting millions of marijuana users has not controlled marijuana use or reduced its
availability.
(8) Current marijuana policies continue to needlessly harm medical marijuana patients, despite the
passage of the Oregon Medical Marijuana Act, which affirmed Oregon voters' support for medical
marijuana.
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10.105.040 Definitions BY: ___ h!:::
For the purposes of this chapter, the following words and phrases shall have the meanings - -----------___
respectively ascribed to them by this section:
(1) "Adult" means an individual who is 18 years of age or older.
(2) "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.
(3) "Lowest law enforcement priority" means a priority such that law enforcement activities related
to adult, personal-use marijuana offenses or concerning marijuana with less than 1 % THC will be
lower priority than law enforcement activities related to any offense other than adult personal-use
marijuana offenses or any marijuana offense concerning marijuana with less than 1 % THC, other
than the exceptions designated in this chapter.
(4) "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.
(5) "THC" means Tetrahydrocannabinol, also known as ~9-THC, ~9-tetrahydrocannabinol (delta-9-
tetrahydrocannabinol), the main psychoactive substance found in the cannabis plant.
10.105.050 Lowest Law Enforcement Priority Policy
(1) 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 marijuana offenses, where the
marijuana was intended for adult personal use or the marijuana contained less than 1 % THC, their
lowest law enforcement priority. Law enforcement activities relating to marijuana offenses include,
but are not limited to, investigation, citation, arrest, seizure of property, or providing assistance to
the prosecution of adult marijuana offenses.
(2) This lowest law enforcement priority policy shall not apply to use of marijuana on public
property or driving under the influence.
(3) 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 offenses included
in the lowest law enforcement priority policy.
(4) 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 offenses
included in the lowest law enforcement priority policy.
(5) Ashland shall not accept any federal funding that would be used to investigate, cite, arrest,
prosecute, or seize property from adults for marijuana offenses included in the lowest law
enforcement priority pol icy.
10.105.060 Community Oversight Commission
(1) Established - Membership
The Community Oversight Commission is hereby established to provide advice and guidance to
commissions, committees, boards, the Council and city departments on all lowest law enforcement
priority policy related matters and to involve citizens in the implementation and oversight of
Ashland's lowest law enforcement priority policy. The Commission shall consist of the actual number
of current sitting Commission members appointed by the tv1ayor and confirmed by the City Council
pursuant to AMC Section 10.105.060.2, but in no case shall there be less than five 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
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Ashland City Attorney's Office. The mayor shall also designate a non-voting council ~;~ffibet-a5---~---
liaison to the commission. At least five voting members of the commission shall reside inside the
city limits. The voting members shall be appointed by the Mayor with confirmation by the City
Council.
(2) Term - Vacancies
The term of a voting Commissioner 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 Commission after the
adoption of this chapter. Any Commissioner 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
Commissioner shall be appointed to fill the vacancy.
(3) Quorum - Rules and Meetings
A quorum shall be defined as one-half the number of sitting Commissioners, plus one, but in no
case less than three. If there is no quorum, no official Commission business shall be conducted and
all matters advertised shall automatically be continued to the next regularly scheduled meeting. The
Commission 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
Commission shall elect a Chair and a Vice-Chair.
(4) Powers and Duties - Generally
The powers, duties and responsibilities of the Community Oversight Commission shall be as follows:
1. To act in an advisory capacity to the City Council in the administration of the the lowest law
enforcement priority policy.
2. 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.
3. To ensure timely implementation of this chapter, with the cooperation of the Ashland City
Attorney's Office and the Ashland Police Department in providing needed data.
4. To receive any grievances from individuals who believe they were subjected to law enforcement
activity contrary to the lowest law enforcement priority policy.
5. To design a supplemental report form for Ashland law enforcement officers to use to report all
adult marijuana arrests, citations, and property seizures and all instances of officers assisting in state
or federal arrests, citations, and property seizures for any adult marijuana offenses. The
supplemental report form shall be designed with the goal of allowing the committee to ascertain
whether the lowest law enforcement priority policy was followed.
6. To request additional information from any Ashland law enforcement officer who engaged in law
enforcement activity relating to one or more marijuana 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.
7. To establish a three member industrial use subcornmittee to examine local uses of marijuana with
less than 1 % THC. One subcommittee member shall be a city resident at large, one shall be either a
criminal defense attorney, a civil liberties advocate, or a medical marijuana patient, and one shall be
any other member of the Commission.
(5) Reports from Law Enforcement Officers
Ashland law enforcement officers shall submit to the committee a supplemental report within two
weeks after each adult marijuana arrest, citation, or property seizure or instance of assisting in a
state or federal arrest, citation, or property seizure for any adult marijuana offense in Ashland.
(6) Reports from the Commission
The Commission shall submit copies of its minutes to the City Council and shall prepare and submit
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such reports as from time to time may be requested of them by the City Councilor the ~~ning ~
Commission. The Commission shall submit written reports semiannually to the Ashland City.Cc)urlCn- -....--....-
on the implementation of this ordinance, with the first report being issued nine months after the
enactment of this chapter. These reports shall include, but not necessarily be limited to: the number
of all arrests, citations, property seizures, and prosecutions for marijuana offenses in Ashland; the
breakdown of arrests and citations by race, age, specific charge, and classification as infraction,
misdemeanor, or felony; any instances of law enforcement activity that the committee believes
violated the lowest law enforcement priority policy; and the estimated time and money spent by
the city on law enforcement and punishment for adult marijuana offenses.
(7) Donations
Subject to the formal acceptance by the City Council, the Commission may receive gifts, bequests or
other devices of property in the name of the City to carry out any of the purposes of this Chapter,
which shall be placed in a special account for use at the discretion of the Commission.
(8) Compensation
Voting members of the Commission shall receive no compensation for services rendered.
10.105.070 Notification of Federal and State Officials
(1) Beginning three months after the enactment of this chapter, the city clerk 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, where the marijuana is intended for personal use, 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.
10.105.080 Enforceability
All sections of this chapter are mandatory. If any provision of this chapter is not carried out properly,
any person may seek a writ of mandamus to ensure the law is fully implemented.
10.105.090 Severability
If any provision of this chapter or the application thereof to any person or circumstance is held
invalid, the remainder of the chapter and the application of such provisions to other persons or
circumstances shall not be affected thereby.
1[J;@[J;llWl1
By: .... J?
-p-:.----------
December 18, 2008
Barbara Christensen
City RecorderlTreasurer,
20 East Main Street
Ashland, Oregon 97520
RE: New Prospective Initiative Petition entitled "Lowest Law Enforcement Priority Policy:'
Dear Ms. Christensen,
Thank you for the time and effort this takes so soon after the election and right before the
holidays. We had expected to get this though the city departments without problems and
hoped that it wouldn't be too much of a bother. Interestingly enough, we had decided to
refile before we received notice of the City's decision. We chose to remove the provisions
concerning marijuana with less than 1 % THC because we did not want to ask the APD to start
measuring the amount ofTHC in people's marijuana to figure out if they were following this
policy. As surprised as we were by the City's decision as expressed in the letter dated
December 10, 2008, it saved us from filing a petition to withdraw. Our decision not to appeal
does not mean we agree with the City's decision, only that we would prefer to work with the
City's departments as much as possible.
Now we bring a modified petition which we would like to file. Although the form is different
from our previous filing, the content is similar. Rather than contest the previous decision, we
prefer, in a very friendly manner, to submit this new petition and ask that you determine that
it does comply with the constitutional provisions after considering the information that
follows.
Deciding to approve this proposed language is not without precedent in the state of
Oregon. In 2006, the Multnomah County Director of Elections approved very similar language
including all of the substantive content of our proposed text. Although that initiative did not
get enough signatures to make the ballot, it did pass the Multnomah County Director of
Elections's test for constitutionality. Attached is a copy of the wording; we expect to provide a
copy of the letter stating the Multnomah County Director of Elections's approval by Friday
morning.
RE: Single subject clause of the Oregon Constitution
We believe that our proposed text is constitutional and embraces one subject only.
We noticed that Oregon Constitution Article IV Section 1 (2)(d) reads in full:
"An initiative petition shall include the full text of the proposed law or amendment to
the Constitution. A proposed law or amendment to the Constitution shall embrace one
subject only and matters properly connected therewith:' (Emphasis added,)
Relevant case findings:
OEA v. Phillips, 302 Or 87, 100, 727 P2d 602 (1986),
The one-subject requirement of section 1, Article IV, is to be liberally construed in same
manner as one-subject requirement of section 20, Article IV, in favor of validity of
initiative measures.
I n the light of this, we request:
. That if uncertain about the one-subject requirement, you decide in favor of the
validity of the initiative.
State ex rei Caleb v. Beeslev, 326 Or 83,89-91, 949 P2d 724 (1997)
"This court's one-subject decisions demonstrate that an enactment that embraces only
one subject does not violate the one-subject provisions of Article IV merely by
including a wide range of connected matters intended to accomplish the goal of that
single subject."
We state:
. This is one policy concerning several connected matters, all intended to
accomplish a single goal.
. The framework and means of implementing policy are matters properly
connected to that policy.
. The purpose of notification of federal and state officials, acceptable federal
grants, and law enforcement cooperation procedures is to eliminate conflicts of
interest.
. The purpose of the writ of mandamus and the formation of the community
oversight commission is implementation and enforceability. All of these
procedures and purposes are matters properly connected with the single
subject of lowest law enforcement priority policy.
We assembled this initiative with the intent to deal with one subject only: lowest law
enforcement priority policy. Procedures for implementing policy are an essential element of
legislation. We will illustrate how the clauses of our revised initiative are matters properly
connected to the one subject of lowest law enforcement priority policy. The proposed text
adopts a policy, and establishes a framework for implementing that policy.
Section 3(a)
The letter of December 10th of our previous filing states, concerning section
10.105.050 (1), "Proposed text consists of several subjects such as arrest, citation,
seizure of property, prosecution..:' In response, we simply state that these are all law
enforcement activities, and are listed specifically for the sake of clarity. The proposed
text concerns the priorities of law enforcement activity, and is therefore intrinsically
related.
Section 3(b)
We assume there is no issue here. Primary actors and actions of law enforcement
activity on behalf of the City of Ashland are listed. The proposed text concerns the
priorities of law enforcement activity, and is therefore intrinsically related.
Section 3(c)
We assume there is no issue here. This section is included to avoid placing the APD
generally, its officers and commanders in a conflict of interest. City law enforcement
officers cooperating with state or federal agents sometimes find conditions that would
create a conflict of interest with the lowest law enforcement priority policy. This only
places a test on cooperation with other agencies to eliminate conflicts of interest.
Elimination of conflicts of interest to ensure the operability of legislation is a matter
properly connected with the legislation itself.
Sections 3(d),(f)
The letter of December 10th of our previous filing states, concerning sections
10.105.050 (4),(5), "Proposed text consists of several subjects such as ... City's ability to
accept Federal grant monies, determination of acceptable law enforcement training..:'
We are listing these sections together because the intent behind them is the same, to
avoid placing the APD and is its commanders in a conflict of interest. Federal
deputization, commissioning and funding sometimes come with conditions that
would create a conflict of interest with the lowest law enforcement priority policy. This
only places a test on acceptance to eliminate conflicts of interest. Elimination of
conflicts of interest to ensure the operability of legislation is a matter properly
connected with the legislation itself.
Section 4
The letter of December 10th of our previous filing states, concerning sections
10.105.060 "Proposed text consists of several subjects such as ... formation of
Community Oversight Commission..:' Although the formation and operation of this
commission uses language based on the formation and operation of the Tree
commission, it is not a commission in the sense of overseeing a broad range of topics,
only in the aspects of its formation and membership. The community oversight
commission exists "to provide advice and guidance to commissions, committees,
boards, the Council and city departments on all lowest law enforcement priority policy
related matters and to involve citizens in the implementation and oversight of
Ashland's lowest law enforcement priority policy:' All departments of the City can
become involved in lowest law enforcement priority policy matters. The commission is
established to provide advice and guidance to these departments and involve citizens
only in matters relating to lowest law enforcement priority policy. By being written into
a charter amendment, the powers of this commission will always be limited to matters
concerning lowest law enforcement priority policy, and can only be changed by a vote
of the people. Enforcement and oversight of legislation are matters properly
connected with the legislation itself.
Section 5
We assume there is no issue here. This section exists to help everyone avoid conflicts
of interest by informing state and federal officials of Ashland's lowest law enforcement
priority policy. Elimination of conflicts of interest to ensure the operability of
legislation is a matter properly connected with the legislation itself.
We also note that this was not an issue for the Multnomah County elections official. The
approved initiative text includes the following clauses, which fall under the single subject of
lowest law enforcement priority policy:
1. "arrest, citation, seizure of property, prosecution" - Section 5(1)
2. "formation of Community Oversight Commission" - Section 6
3. "City's ability to accept Federal grant monies" Section 5(3,6,7)
4. "determination of acceptable law enforcement training" The word training does not
appear in our proposed initiative. If the reference is to sections 3(d) or (e), formerly
10.105.050 (4) or (5) of our proposed text, then there is corresponding language in
sections 5 (3) and (5)
It for these reasons that we respectfully request that our proposed text is determined to be
constitutional under Article IV, Section 1 (2)(d) of the Oregon Constitution.
RE: Municipal Legislation
Not surprisingly, we believe that our proposed initiative is municipal legislation, and does
not administer existing law.
The point that ""Municipal legislation" cannot concern administration of existing law" was
not an issue for the Multnomah County Director of Elections. The approved initiative text
clearly concerns the same subject matter as our initiative. Because the substantive content
was already deemed constitutional, and presumably, legislative rather than administrative by
the Multnomah County Director of Elections in 2006, we were intrigued by the City's earlier
choice.
Relevant case findings:
Roberts v. Thies, 70 Or App 256, 689 P2d 356 (1984), Sup Ct review denied; Foster v. Clark, 309 Or
464,790 P2d 1 (1990); Lane Transit District v. Lane County, 327 Or 161,957 P2d 1217 (1998)
Activity is administrative if specific instance of carrying out existing legal framework,
but is legislative if creating new law of general character and permanent nature.
We state:
. Proposed initiative does not address any specific instances.
. Proposed initiative creates a new legal framework.
. Proposed initiative creates new law.
. As enumerated in the proposed initiative, setting law enforcement priorities is
of a general character.
. By the nature of being a charter amendment, proposed initiative clearly creates
new law of permanent nature.
State ex rei Dahlen v. Ervin, 158 Or App 253,255,974 P2d 264, rev den 329 Or 357 (1999)
""It has long been Oregon law that a local initiative may deal only with legislative
decisions--Iaws of general applicability and permanent nature--not with administrative
decisions, which involve the details of implementing established policy:'
We state:
. The proposed initiative's law enforcement priority policy is generally applicable to all
law enforcement activities in the city of Ashland.
. By virtue of being a charter amendment, proposed initiative is of permanent
nature.
. Proposed initiative does not alter an existing decision or framework, rather it
creates a new framework in which decisions are made.
. The city has no established law enforcement priority policy.
Yamhill Countvv. Dauenhauer, 6 Or App422,487 P2d 7767 (1977), aff'd 267 Or 754,492 P2d 766
(1972)
The crucial test in determining whether an ordinance is legislative or administrative is
whether it is one making law or one executing law already in existence.
We state:
. Proposed initiative creates new law.
. Proposed initiative creates a new legal framework.
. The city has no ordinances or resolutions regarding law enforcement priority
policy at this time.
. The city has no explicit law enforcement priority policy at this time.
. An implicit understanding is not a policy.
. The city has made no decisions regarding law enforcement priorities.
. One cannot execute a law if it does not already exist.
. There is a distinction between a new law which may effect other laws, and an
initiative designed to make a decision in a different way than what established
law provides.
Amalaamated Transit Union-Division v. Yerkovich, 24 Or App 22 7,545 P2d 675 (1976)
Municipal "approval" by initiative of a specific highway project represents participation
in an administrative process and is not a decision properly subject to the initiative
power.
We state:
. Proposed initiative does not address any specific instances.
Beal v. City of Gresham, 766 Or App 528, 998 P2d 237 (2000)
"Even if the decisions that the procedure produces are administrative, the measure
establishing the procedure by which those decisions will be made is legislative." cites
State ex reI Allen v. Martin, 255 Or 40 7 407-08,465 P2d 228 (1970) as reference
We state:
. Even if the proposed initiative produced or influenced administrative decisions,
the proposed initiative would still be legislative in nature.
Our proposed initiative is like the the proposed initiative in State ex reI Dahlen v. Ervin, in that
"The proposed initiative does not attempt to change a specific (siting) decision of the (county)
but, rather, to change the framework within which the (county) makes (siting) decisions. The
framework that it seeks to establish would (allow a limited number of persons to require the
undoing of a previous decision), but that act of (undoing), not the creation of the framework
that permitted it, would be the administrative decision. Adopting a policy, and establishing
procedures for implementing that policy, are the essence of legislation. That is exactly what
the proposed initiative would do, and it is all that it would do:' (parenthesis added)
It for these reasons that we ask you to approve our proposed text as constitutional under
Article IV, Section 1 (5) of the Oregon Constitution.
Again, we appreciate your time with this complex initiative. Thank you. Please contact us if
we can help, we would be glad to meet if we are needed for anything.
Sincerely,
/"
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Dan Morrow
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AUDITOR OF THE CITY OF PORTLAND ..........
Office of
Portland, Oregon 97204
Room 140
City Hall
STATE OF OREGON }
County of Multnomah} SS
City of Portland }
I, Susan R. Francois, do hereby certify that on March 7, 2006, I approved the
cover and signature sheets for the initiative petition, "Makes marijuana
offenses lowest City law enforcement priority, with exceptions," sponsored by
Chris Iverson and Madeline Martinez, chief petitioners; and I hereby certify
that a full, true, and correct copy of the same appears on file and of record in
the Auditor's Office, in the Auditor's care and custody.
IN WITNESS THEREOF, I have hereunto set my hand and the seal of the
City of Portland affixed this 7th day of March, 2006.
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GARY BLACKMER
Auditor of the City of Portland
BY:
Sv-oo-l\ a. ~0V'\c.~
Deputy Auditor
h :/word/Electionslprocedureslinitiativelcerti fy . doc
City of Portland, Oregon
Office of the City Aud itor
Elections Division
1221 SW Fourth Ave, Room 140
Portland, OR 97204-1987
Phone: 503-823-3546 Fax: 503-823-4571
email: sfrancois@ci.portland.or.us
~
2006
DATE:
TO:
March 7, 2006
FROM:
Chris Iverson
Madeline Martinez
Susan Francois ~~l~
City Elections Officer
Hand Delivered
RE: Approval of Petition for Circulation
Please find enclosed a stamped copy of your approved signature and cover
sheets as well as a certification that your petition has been approved for
circulation.
Portland City Code Section 2.04.080 requires that I advise you that the
preparation of the ballot title by the City Attorney and certification of the petition
by this office does not certify that the proposed measure is a proper matter for
the initiative process or that it is legal or free of legal defects.
Please be advised that signatures are due 4 months prior to the intended election
date, or July 7 t 2006. Until the next City Primary Election in May 2006, City
initiative petitions require 26,691 valid signatures to be placed on the ballot.
Before circulating your petition, please review the enclosed "Guidelines for
Circulating Petitions." It is your responsibility as Chief Petitioners to instruct
circulators on the guidelines for circulating a petition and monitor their activities.
Lastly, ORS 260.118 requires that your committee file detailed Contribution &
Expenditure reports 15 days atter filing signatures. Please refer to the 2006
Campaign Finance Manual published by the Secretary of State for further
information and required forms.
~e to ,I 11 I '1-DOfo
City of Portland, Oregon
Office of the City Aud itor
Elections Division
1221 SW Fourth Ave, Room 140
Portland, OR 97204-1987
Phone: 503-823-3546 Fax: 503-823-4571
email: sfrancois@ci.portland.or.us
~
2006
February 14, 2006
MEMORANDUM
TO:
Linl y Rees
City Attorney's Office
FROM:
Susan Francois
City Auditor's Office
RE:
Prospective Initiative Petition to Repeal Campaign Finance Code
As required by ORS 250.275, please find attached two copies of the prospective initiative
petition to make adult marijuana-related offenses the lowest law enforcement priority in
the City of Portland, submitted by Chris Iverson, Chief Petitioner. We request
preparation of a ballot title for this prospective petition within the five business days
specified by state law.
~c: Chris Iverson
h: wo rd/E lections/proced ures/ in i tiati ve/peti tion toattomcy .doc
Pe0. ],,'"?- \
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City of Portland, Oregon
Office of the City Auditor
Elections Division
1221 SW Fourth Ave, Room 140
Portland, OR 97204-1987
Phone: 503-823-3546 Fax: 503-823-4571
email: sfrancois@ci.portland.or.us
~
2006
February 22, 2006
Chris Iverson
1207 NE Alberta S1. #101
Portland, OR 97211
RE: Ballot Title for Prospective Petition
Your revised prospective petition which was filed in our office on February 7, 2006 was
transmitted to the City Attorney's Office February 14 for preparation of a ballot title.
Attached is the ballot title that was received in our office on February 22, 2006. Our
office has also determined that the prospective petition meets the single-subject
requirements of Article IV, Sect 1 of the Oregon Constitution.
A notice of receipt of ballot title including the notice that an elector may file a petition for
review of the title not later than 5:00 pm, Friday, March 3, 2006, will be published in the
next available edition of the Oregonian.
Please prepare your petition cover and signature sheets to reflect the ballot title prepared
by the City Attorney's Office. You must resubmit that final petition to this office for
approval prior to circulation. Please be advised that I cannot approve signature sheets for
circulation until after the ballot title challenge period has passed.
~~) ~ -\-{(~t/\ ( ~-)
Susan Francois
City Elections Officer
h :/word/E I ecti ons/procedu res/i nit i ati vel ti tletopeti ti on er, doc
. Page 2
February 22,2006
CAPTION: Makes marijuana offenses lowest City law enforcement priority, with
exceptions.
QUESTION: Shall City make adult marijuana-related offenses the lowest law
enforcement priority, with certain exceptions, and establish citizen oversight committee?
SUMMARY: The measure adopts a City ordinance making law enforcement activities
relating to adult marijuana-related offenses the City's lowest law enforcement priority.
Lowest priority does not apply to specified marijuana offenses relating to minors,
specified offenses occurring on public property, private property or near businesses,
driving under the influence of marijuana, or offenses occurring within 1,000 feet of
schools. Affected law enforcement activities include investigation, citation, arrest,
property seizure, prosecution assistance and cooperation with state and federal agencies.
The City could not accept funds to be used for enforcing adult marijuana-related offenses.
The measure creates a citizen oversight committee to aid implementation of measure,
collect grievances and report to City Council. The measure requires Portland Police and
other agencies enforcing marijuana laws to submit reports to citizen committee and
requires citing or arresting officers to submit reports to citizen committee after arrest,
citation or property seizure for marijuana-related offenses. The Mayor must send an
annual letter to voters and federal and state officials describing the City measure and
requesting federal and state action.
Thi's petition is intended for the ballot on Nove'VV\~ 1, ^CO~
PROSPECTIVE PETITION FOR LOCAL MEASURE
~INITIATI~ D REFERENDUM
COUNTY M L\ l ttto VV\a. ~ CITY \Jo,.t Lr a v\ 6 DISTRICT
TO THE COUNTY ELECTIONS FILING .oFFICER/CITY RECORDER (AUDITOR):
We, the undersigned, request the (circle one) district attorney city attorne repare a ballot .tIe for the attached proposed
measure to be submitted to the people of (name of county/city Istrict (" ~A \\ 0 r t lA
DESIGNATING CHIEF PETITIONERS
Every petition shall designate not more than three persons as chief petitioners, setting forth the name, residence address
and title (if officer of s onsorin or anizatlon) of each.
1. NAME(PRlN1} Q..,^Y"IS I\Je..ISDV\ SIGNATURE ~
RESIDENCEADDRESS ~ lO 3 s E \ VD N Sf, PovtlA\1cL {'~ ~ 17..,,6 b
MAILINGADDRESS(IFDIFFEREN1)_\~Dt AJf:, A-Lbev'1zt Si~ ~ 10 t
EMAIL ADDRESSAND/ORWEBSITESo.......<>.dlt~d.OIH:~!.~DAYTELEPHON~.SO ~ d :. ~ 9 S"'8 z..
SPONSORINGORGANIZATION(IFANY) ------- C\tl~evlS tov '^ S53:-fu ~kd.
2.
NAME (PRlN1)
RESIDENCE ADDRESS
MAILING ADDRESS (IF DIFFEREN1)
EMAIL ADDRESS AND/OR WEBSITE
SPONSORING ORGANIZATION (IF ANY)
SIGNATURE
DAY TELEPHONE
3.
NAME (PRINl)
RESIDENCE ADDRESS
MAILING ADDRESS (IF DIFFERENlj
EMAIL ADDRESS AND/OR WEBSITE
SPONSORING ORGANIZATION (IF ANY)
INSTRUCTIONS FOR CIRCULATORS -1t:<?
Only active registered voters of the county, city or district may sign a petition. !C~ ..J
All signers on anyone signature sheet must be active registered voters of the same county. ....,.,~
~~'
It is advisable to have signers use a pen for signing petitions or for certifying petitions. ~
Only one circulator may collect signatures on anyone sheet of a petition. .~
Each circulator must personally witness all signatures the circulator collects. ==-~
Circulators shall not me a petition knowing it to contain a false signature. :;lJ
Circulators shall not knowingly make any false statement to any person who signs It or requests inform" n about it
Circulators shall not attempt to obtain the signature of a person knowing that the person signing the petition is not qualified to sign it.
Circulators shall not offer money or any thing of value to another person to sign or not sign a petition.
Circulators shall not sell or offer to sell signature sheets. .
Circulators shall not accept compensation to circulated 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 fme of up to $100.000 and/or prison for up
to five years.
SIGNATURE
DAY TELEPHONE
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INSTRUCTIONS FOR SIGNERS
Only 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.
Please fill in the date on which you signed the petition, your printed na~e and your residence address in the spaces provided
It is advisable to use a pen for signing petitions.
It is unlawful to sign any person's name other than your own. Do not sign another person's name under any circumstances.
It is unlawful to sign a petition more than once.
It is unlawful for a person to knowingly sign a petition when the person is not qualified to sign it
SEL 370 REV 12/02 ORS 250,045; 250.165; 250.265; 255.135
ORDINANCE PROPOSED BY INITIATIVE PETITION
RECEIVED
The City of Portland Ordains:
ZCDb FEB -' 1 A fO= 2'1
Section 1: TITLE
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An Ordinance to Make Adult Marijuana-Related Offenses the Lo\.\r~~(lRwt:ANI. flit
Enforcement Priority in the City of Portland
Section 2: PURPOSE
The purpose of this ordinance is:
(1) To make investigations, citations, arrests, property seizures, and prosecutions
for adult marijuana offenses the City of Portland's lowest law enforcement
priority; and
(2) To transmit notification of the enactment of this ordinance to state and federal
elected officials who represent Portland.
(3) To create a Citizen Oversight Committee to oversee the implementation of this
ordinance.
Section 3: FINDINGS
WHEREAS decades of arresting and jailing tens millions of marijuana users have
failed to end marijuana use, the City of Portland should take a new approach;
WHEREAS each year it is estimated that Oregon spends over $60 million and
thousands of law enforcement hours enforcing marijuana laws;
WHEREAS Oregon's law enforcement resources would be better spent preventing
and investigating serious crimes like murder, rape, assault, robbery, burglary, and
driving under the influence of alcohol and other drugs; and
WHEREAS current marijuana policies continue to needlessly harm medical
marijuana patients by restricting their access to their medicine;
WHEREAS it is the intent of the voters of the City of Portland that any economic
analysis or fiscal impact statements conducted by City of Portland officials should
include the savings associated with reduced costs on law enforcement,
prosecution, and punishment as a result of this ordinance's implementation;
THEREFORE the people of Portland do hereby enact the following ordinance to
be added to the Portland City Code, establishing the marijuana policy of the City.
Section 4: DEFINITIONS
For the purposes of this ordinance, the following words and phrases shall have the
meanings respectively ascribed to them by this section:
(1) "Adult" means an individual who is 21 years of age or older.
(2) "Portland law enforcement officer" means a member of the Portland Police
Bureau or any other municipal agency or department within Portland that engages
in law enforcement activity.
(3) "Lowest law enforcement priority" means a priority such that all law
enforcement activities related to all offenses other than marijuana-related offenses
shall be a higher priority than all law enforcement activities related to marijuana-
related offenses, except for designated exceptions.
(4) "Marijuana-related offenses" means any offense in which possession, delivery
or manufacture of marijuana is an element.
(5) "Marijuana" means all parts of the plant Cannabis sativa L., 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 resi n.
Section 5: LOWEST LAW ENFORCEMENT PRIORITY
(1) Portland law enforcement officers shall make law enforcement activity
relating to adult marijuana-related offenses their lowest law enforcement
priority. Law enforcement activities relating to adult marijuana-related offenses
include, but are not limited to, investigation, citation, arrest, seizure of property, or
providing assistance to the prosecution of adult marijuana-related offenses.
(2) This lowest law enforcement priority policy shall not apply to the following:
(a) 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; or driving under the influence of marijuana;
(b) marijuana-related offenses on private property, if a person in lawful
possession of the private property requests police intervention;
(c) marijuana-related offenses within 100 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
(d) marijuana-related offenses within 1,000 feet of any school ordinarily attended
by children under 18 years of age.
(3) Portland law enforcement officers and other municipal employees within
Portland shall not accept formal deputization or commissioning by a federal law
enforcement agency to the extent that 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.
Portland law enforcement officers who are already deputized or commissioned by
a federal agency may not accept renewal of formal deputization or commissioning
by a federal law enforcement agency to the extent that 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.
(4) 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.
(5) The City of Portland, or any city agencies, shall not accept any funds from any
source, organization or individual, including federal funds or state funds, to the
extent that such funds would be used to or are conditioned upon a requirement that
the City of Portland investigate, cite, arrest, or seize property from adults for
marijuana-related offenses included in the lowest law enforcement priority policy.
(6) Any new, amended, or renewed city contract with a law enforcement agency
shall include the priorities and reporting requirements outlined in this ordinance,
specifying that the agency and its agents shall abide by the same lowest law
enforcement priority policy and reporting requirements in Portland that Portland
law enforcement officers must abide by under this ordinance.
Section 6: COMMUNITY OVERSIGHT
(1) A Community Oversight Committee shall be appointed to oversee the
implementation of this ordinance. The committee shall be formed and begin
meeting within 100 days of the enactment of this ordinance, even if some of its
members have not been appointed. The committee will be composed of three city
residents, one harm reduction advocate, two criminal defense attorneys, one civil
liberties advocate, one medical marijuana patient, and one drug abuse and
prevention counselor, each of whom shall be appointed by the Mayor to serve a
term of four years. If any committee member can no longer serve on the
committee, the Mayor shall appoint a replacement committee member.
(2) Responsibilities of the committee shall include:
(a) Meeting at least quarterly, or more frequently as necessary;
(b) Ensuring timely implementation of this ordinance, with the cooperation of the
Portland Police Bureau in providing data needed to ensure compliance;
(c) Collecting any grievances from individuals who believe they were arrested,
cited, investigated, subjected to property seizures, or subjected to other law
enforcement activity contrary to the spirit of the lowest law enforcement priority
policy;
(d) Designing a supplemental report form by no later than seven months after the
enactment of this ordinance, which Portland law enforcement officers shall use to
report all adult marijuana arrests, citations, property seizures, and instances of
assisting in state or federal arrests, citations, and property seizures for any adult
marijuana 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 Portland 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:
(i) the time and date of the arrest, citation, or property seizure;
(ii) the location of the arrest, citation, or property seizure, including whether it
was on public or private property;
(iii) a description of how the officer came to encounter the marijuana, and
whether the investigation began for a reason other than a possible marijuana
violation;
(iv) the race, age, and gender of the person who was arrested or cited or had his or
her property seized;
(v) the name, BPST number, and employer of each Portland law enforcement
officer involved in the arrest, citation, or property seizure.
(e) Requesting the presence at a committee meeting of any Portland 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. A Portland law enforcement officer's
decision not to attend the committee meeting shall not be grounds for discipline
but shall be noted in the supplemental report dealing with each law enforcement
activity so investigated;
(f) Submitting written reports semi-annually to the Portland City Council on
implementation of this ordinance. The first report shall be at the first Portland City
Council meeting after 12 months after the enactment of this ordinance. The reports
shall include but not be limited to:
(i) the number of arrests, citations, investigations, property seizures, and instances
of assistance to federal agencies or actors for adult marijuana-related offenses by
Portland law enforcement officers in Portland and the nature of these offenses;
(ii) the number of prosecutions for adult marijuana-related offenses in Portland
and the nature of these offenses;
(iii) information confirming whether Portland has participated in any other
marijuana-related law enforcement activities with the federal government;
(iv) the estimated amount of time and money spent by the city on law
enforcement for adult marijuana-related offenses, including but not limited to
.-*, A ~ ~ VQ,e~. V t'.. tl t-l~
CITY INITIATIVE PETITION This petition is intended for the ballot on November 7, 2006
A Signature Sheet must be copied on the reverse side of each Cover Sheet. The ballot title must appear the same as the ballot title
filed by the City Attorney or approved by the Circuit Court.
BALLOT TITLE
Makes marijuana offenses lowest City law enforcement priority, with exceptions.
CAPTION: Makes marijuana offenses lowest City law enforcement priority, with exceptions.
QUESTION: Shall City make adult marijuana-related offenses the lowest law enforcement priority, with certain exceptions,
and establish citizen oversight committee?
SUMMARY: The measure adopts a City ordinance making law enforcement activities relating to adult marijuana-related
offenses the City's lowest law enforcement priority. lowest priority does not apply to specified marijuana offenses relating
to minors, specified offenses occurring on pubtic property, private property or near businesses, driving under the influence
of marijuana, or offenses occurring within 1,000 feet of schools. Affected law enforcement activities include investigation,
citation, arrest, property seizure, prosecution assistance and cooperation with state and federal agencies. The City could
not accept funds to be used for enforcing adult marijuana-related offenses. The measure creates a citizen oversight
committee to aid implementation of measure, collect grievances and report to City Council. The measure requires
Portland Police and other agencies enforcing marijuana laws to submit reports to citizen committee and requires citing or
arresting officers to submit reports to citizen committee after arrest, citation or property seizure for marijuana-related
offenses. The Mayor must send an annual letter to voters and federal and state offICials describing the City measure and
requesting federal and state action.
Chief Petitioners
Chris Iverson
6203 SE Ivon St
Portland, OR 97206
503-209-9582
Madeline Martinez
103 SE 136th Ave
Portland, OR 97233
503-239-6110
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Instructions for Circulators "0
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~Only active registered voters of the city may sign a petition. >
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~ All signers on anyone signature sheet must be active registered voters of the same county. 8:
~It is advisable to have signers use a pen for signing petitions or for certifying petitions. as
c:
~Only one circulator may collect signatures on anyone sheet of a petition. 0
:;::::.
~ Each circulator must personally witness all signatures the circulator collects. ~
~Circulators shall not cause to be circulated a petition knowing it to contain a false signature. 0-
~ Circulators shall not knowingly make any false statement to any person who signs it or requests informa Ion a u
~Circulators shall not attempt to obtain the signature of a person knowing that the person is not qualified to sign it.
~Circulators shall not offer money or any thing of value to another person to sign or not sign a petition.
~Circulators shall not sell or offer to sell signature sheets.
~ Circulators shall not accept compensation to circulate a petition that is based on the number of signatures obtained.
I! 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 five years.
Instructions for Signers
~ Only active registered voters of the city may sign a petition. Sign your full name, as you did when you registered to
vote.
~ Please fill in the date on which you signed the petition, your printed name and your residence address in the spaces
provided.
~ It is advisable to use a pen for signing petitions.
~ It is unlawful to sign any person's name other than your own. Do not sign another person's name under any
circumstances.
~ It is unlawful to sign a petition more than once.
~ It is unlawful for a person to knowingly sign a petition when the person is not qualified to sign it.
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01
December 10, 2008
CITY OF
ASHLAND
Christopher P. Perme
272 N First Street
Ashland, OR 97520
RE: Prospective Initiative Petition filed December 3, 2008 entitled "Lowest Law Enforcement Priority
Policy"
Dear Chief Petitioners:
As the City's Election Official, pursuant to ORS 250.270, I have completed my review of the prospective
petition. Please accept this as official notification that I have determined the submitted text of the
proposed ordinance does not comply with the constitutional provisions for the State of Oregon.
The Constitutional requirements for an initiative petition are the following:
· Proposed initiative shall embrace one subject only-Oregon Constitution Article IV Section l(d)
Proposed text consists of several subjects such as arrest, citation, seizure of property, prosecution,
formation of Community Oversight Commission, City's ability to accept Federal grant monies,
determination of acceptable law enforcement training, all of which are referred to as the "Lowest
Law Enforcement Priority."
. Legal voters of every city and town are granted power to enact and amend their municipal charter,
subject to the Oregon Constitution and criminal laws of the State of Oregon-Oregon
Constitution Article Xl Section 2
. "Municipal legislation" cannot concern administration of existing law-Oregon Constitution
Article VI Section I (5)
There is existing legal structure in criminal law for the State of Oregon. Proposed initiative
concerns the administration of these laws and dictates how the administration of the City will
apply state criminal legislation that is already in existence.
Based on these requirements, the prospective initiative is rejected.
Any elector dissatisfied with this determination may file a petition with the circuit court no later than the
seventh business day after the written determination has been made.
~~~ions, please feel free to contact me.
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.l'
December 10,2008
CITY OF
ASHLAND
Daniel B. Morrow
211 W Nevada Street
Ashland, OR 97520
RE: Prospective Initiative Petition filed December 3, 2008 entitled "Lowest Law Enforcement Priority
Policy"
Dear Chief Petitioners:
As the City's Election Official, pursuant to ORS 250.270, I have completed my review of the prospective
petition. Please accept this as official notification that I haye determined the submitted text of the
proposed ordinance does not comply with the constitutional provisions for the State of Oregon.
The Constitutional requirements for an initiative petition are the following:
. Proposed initiative shall embrace one subject only-Oregon Constitution Article IV Section l(d)
Proposed text consists of several subjects such as arrest, citation, seizure of property, prosecution,
formation of Community Oversight Commission, City's ability to accept Federal grant monies,
determination of acceptable law enforcement training, all of which are referred to as the "Lowest
Law Enforcement Priority."
. Legal voters of every city and town are granted power to enact and amend their municipal charter,
subject to the Oregon Constitution and criminal laws of the State of Oregon-Oregon
Constitution Article Xl Section 2
. "Municipal legislation" cannot concern administration of existing law-Oregon Constitution
Article VI Section I (5)
There is existing legal structure in criminal law for the State of Oregon. Proposed initiative
concerns the administration of these laws and dictates how the administration of the City will
apply state criminal legislation that is already in existence.
Based on these requirements, the prospective initiative is rejected.
Any elector dissatisfied with this determination may file a petition with the circuit court no later than the
seventh business day after the written determination has been made.
If you have any questions, please feel free to contact me.
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... ,
'1' r
December 10,2008
CITY OF
ASHLAND
Sara J. Doegah
1361 Quincy Street Apt 7B
Ashland, OR 97520
RE: Prospective Initiative Petition filed December 3, 2008 entitled "Lowest Law Enforcement Priority
Policy"
Dear Chief Petitioners:
As the City's Election Official, pursuant to ORS 250.270, I have completed my review of the prospective
petition. Please accept this as official notification that I have determined the submitted text of the
proposed ordinance does not comply with the constitutional provisions for the State of Oregon.
The Constitutional requirements for an initiative petition are the following:
. Proposed initiative shall embrace one subject only-Oregon Constitution Article IV Section l(d)
Proposed text consists of several subjects such as arrest, citation, seizure of property, prosecution,
formation of Community Oversight Commission, City's ability to accept Federal grant monies,
determination of acceptable law enforcement training, all of which are referred to as the "Lowest
Law Enforcement Priority."
. Legal voters of every city and town are granted power to enact and amend their municipal charter,
subject to the Oregon Constitution and criminal laws of the State of Oregon-Oregon
Constitution Article Xl Section 2
. "Municipal legislation" cannot concern administration of existing law-Oregon Constitution
Article VI Section I (5)
There is existing legal structure in criminal law for the State of Oregon. Proposed initiative
concerns the administration of these laws and dictates how the administration of the City will
apply state criminal legislation that is already in existence.
Based on these requirements, the prospective initiative is rejected.
Any elector dissatisfied with this determination may file a petition with the circuit court no later than the
seventh business day after the written determination has been made.
If you have any questions, please feel free to contact me.
Barbara Christensen
City Recorder
Cc: City Attorney Office
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~'
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