Dear Friends and Neighbors,
On Monday, August 10th, legislators returned to Salem for a Second Special Session. This one-day session concluded in the late evening hours with the passage of 11 measures focused on rebalancing the budget, providing help to Oregonians struggling to receive unemployment benefits, and updating police use-of-force statutes.
Like in the First Special Session in June, legislation was drafted solely at the request of the majority party and the Capitol remained closed to the public. Although committee meetings and floor sessions were accessible online, public input was stifled in the process. The Oregonian’s Editorial Board points out this overreach by legislative leadership, stating “The views and needs of Oregonians should inform lawmakers as they consider legislation, not viewed as obstacles. The lack of any public vetting of three of 12 policy and budget bills discussed Monday should offend Oregonians and legislators alike.” The Editorial Board further states, “Public input matters, even in a pandemic. How legislators cut spending, close budget gaps, respond to crises and address agency failures all merit robust feedback both to ensure the best possible outcomes and to uphold basic levels of transparency.” The Editorial Board’s full article can be viewed here. I am disappointed that the voices of Oregonians throughout our great state were missing from this process. Posting a Committee meeting agenda less than 1 hour before the committee meets that says public testimony must be delivered 24 hours in advance is not a transparent process and affords citizens no opportunity to speak or participate in what is required to be a public process. We must value the voices of the public who elect us to serve and let them speak.
Over the last month, the Joint Committee on Transparent Policing and Use of Force Reform, of which I am a member, conducted a series of 11 meetings over the course of 22 hours. The result of that work is found in HB 4301 which incorporates two legislative concepts, LC 745 and LC 761.
The charge to the committee, as outlined in HB 4201 in the First Special Session, is to come back to the Legislature no later than December of this year with recommendations for the 2021 Legislative Session. In the First Special Session, the legislature passed six police accountability bills, largely with unanimous support from both chambers. HB 4301 became the seventh police accountability and reform bill and is a testament to the legislative body’s commitment to ensure police accountability.
HB 4301 is supported by the Oregon Association Chief’s of Police, Oregon State Sheriffs’ Association and the Oregon State Police. The Oregon Department of Justice also testified before the committee in support of the changes to statutes dealing with use of force. The bill incorporates into statute U.S. Supreme Court case law from the 1980’s with regard to use of force found in Tennessee v. Garner and in part, Graham v. Connor. Most police officers working today are familiar with these cases since they guide use of force in agency policy and law enforcement use of force training, as they have done so for many years. The bill also clarifies the intent of the language in HB 4203 passed in the First Special Session, while still providing for the necessary exception for life threatening situations in which officers or third parties may find themselves as outlined in existing statute.
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The issues presented to the Joint Committee on Transparent Policing and Use of Force Reform are complex in nature and require subcommittee work with the stakeholders to guard against unintended consequences. Law enforcement agencies have demonstrated a desire to continue to work with the Legislature on these issues, as have a number of other public safety partners. As a sponsor of the bill, I spoke in support of the measure on the House floor. My floor speech can be viewed here.
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The legislature’s constitutional responsibility is to balance the budget. Oregon relies heavily on income tax and corporate taxes to provide critical public services. The economic impacts from shuttering of businesses in the Governor’s response to COVID-19 have hit Oregonians hard in every region of the state, resulting in a $1.2 billion economic shortfall. The rebalance was accomplished through cuts to state agency budgets and tapping emergency reserves to backfill the shortfall. In the process, many reductions in funding occurred that will adversely impact rural communities as well as veterans’ services (-$2.1 million), health care services (-$170 million), Farm to School program (-$4.85 million), and mental health services.Today, Oregon’s budget is balanced but our economy remains fragile. As we face continued economic uncertainty in the days and months ahead, we must demonstrate fiscal accountability as we carefully evaluate government spending in all areas.
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On Tuesday, the Oregon Department of Education (ODE) released updates to the Ready Schools, Safe Learners, guidance for the 2020-21 school year. This framework for schools prioritizes the health and safety of all students, staff and their families. I am pleased that the revised framework provides flexibility for rural and remote schools to offer in-person instruction. Oregon is not a state where one size fits all. The new metrics require close partnership between school districts and local public health authorities to oversee a return to in-person instruction in small communities not impacted by COVID-19. The metrics also clarify limited in-person opportunities in schools required to operate through Comprehensive Distance Learning. ODE stated its priority is to return to in-person instruction as soon as it can be accomplished with stability and safety.
More information about the updated guidance can be found in ODE’s press release here.
Although we were successful in meeting our constitutional obligation to balance the budget, It is unfortunate that opportunities to address liability protections to safeguard our businesses, schools, and nonprofits from frivolous COVID-19 related lawsuits were missed.
It is a distinct honor and privilege to serve as your State Representative. Through these challenging times, I remain committed to finding a pathway through the partisan divide to achieve our shared goals.
Regards,
 Rick Lewis
State Representative
House District 18
Oregon’s Christmas Tree District
Previous newsletters and information can be viewed on my legislative website here.
Capitol Phone: 503-986-1418
Capitol Address: 900 Court St. NE, H-484, Salem, Oregon 97301
Email: Rep.RickLewis@oregonlegislature.gov
Website: http://www.oregonlegislature.gov/lewis
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