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HomeMy WebLinkAbout12/03/08 - Safer Ashland Prospective Petition for Local Measure I ~.~~~:~I B Y: ___~___________ 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 ..:/ Daniel B. Morrow Jr">, '" / -L! ~1Ue/x.. k;? 7 u~ /7LC'~ 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 10<2... q J '3LD 2J:lX-~ J. '~~o~h . name print ~ C) \b\o\G,V\ncV} S, d\~'\ ,f:; 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 I '?,l;~/ 0 " I~!~ld () f3 '~, [t'11~, C }j L J /L {lfi/tf11r 11 l::; h ~") I) cr; ~ed V ~',;g,(.t"." L )0 lE@lE~W' . 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 I .. \ 2008 J1IJ S Y: ..fiL ................ 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 a~!:~pco::;J DO€-30-.1n ~[LlA\ C ~ ~~. ilii. phone number , 3((') \ 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. 7~ fh~ \CU'\d I Do.... q7S-~ '; I .Ii (/ ~ 1'--. .,Y! 1,.. i I'~. C -/ v V ,,1, t~e~s~~~~'stsign;ture ' v / I ~i">~~/> ~te ~ignld I' 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: 1~~~llW'~1 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. 1~~~RWl~J 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 lID ~..~~~;Won~' I iLl .' I~ ,u [) IDJ 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 J~ ~~rE:rcW1~J 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, /" '\ '-- \ .l.J ~ .\./1 i\JIJ:..-X- Dan Morrow i \ "~ '-- L~ r..i7~/L<F Jv' /--" ~a~~~g~(t J I '''\ ( ~ ~--- '--- I\/\. C-vv' (/"-- /}, U)OG I~. @l? i ~~l? 8 \.,. ~/~~i.".'.).;; /I T.e '1,,;;,: ':'{ .... .... .... .... .... .... .... 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. ----:--~.. ---, \:---....... " ' .:~...,\:::, ~ . " ~ '\ ~ ~ - - - '..... \ ::~l ,.' .'\, _ ~\ ;"~ : ~'. .;; ~ .-..., ';::-;~ ........: :;..; --'. :_.~::<;~~ :..;. : ~ ~ . ~i:::: \:", ~:~:. ,,;, ......'~ ~,_.._ v. .... .......' ~--". - \ "" , "",' ~~.=---.. - '.' .~". ""'.' ~-:~: "" ~" . -...-".,,,., _.r.1i.E'_ · ~~.. s.r .. .....,..~, .,. ,"'" ~ '\, ~- I'~ """'~~'4,jfI 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. ],,'"?- \ l/OOG 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 I f'-..) c::;:) =::t cr- ::u )> ~ N .D m - < m ~ 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 './ .1 \, f'K~-R .: .;.0.~;t\v,.' ~ It. .. . AU9lT9R 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 c: o ~ ~ .0 a- Instructions for Circulators "0 Q) ~Only active registered voters of the city may sign a petition. > E ~ 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. '- o - :a :J <( >.- ..- :J ~ (D ~O .0 (inicover 3/06) C/) m r W ...., W o '" g (I) co CO .g tv N ~ .... UI o ~ .... UI o '" '" N '" o ~ Clt ::J' CJ CJ ,. ::s c 3 0" CJ .. 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CO o o C :J r+ -:c; hl o t; rt ::r It) tJ' PJ I-' I-' o rt o ::s z o < t1) f} t1) t; --.l to o o 0'\ -a CJ r+ ;; o ::s 6 0. X 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~' '1' r Q) f/) f/) \~~ Cl'C ~~ \00 \ ~ .~ "'t ~~ ....~ ~ ~ ~ DO 0' ('0. 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