Setting the Record Straight

Dear constituents,

I want to update you to explain why I have joined my fellow Republican and Independent Senators in denying quorum. Oregon is facing an accountability crisis. By denying quorum we are stopping the Senate Democrats from willfully ignoring the rules and passing bills unlawfully.

Senate Republicans recently noticed that the Senate is not complying with the Oregon Constitution, Senate Rules, and statue (OR Const. Art. IV §21, SR 13.02(5), and ORS 171.134). The law clearly states that bill summaries must score a minimum of 60 on the Flesch readability scale. In other words, bill summaries should be written at an eighth or ninth grade reading level. Almost all bill summaries fail this standard. This law is important for transparency and accessibility.

On May 1, we raised this issue on the Senate floor. President Wagner consulted Legislative Counsel. Then he ruled that bills complied with the law. Despite the fact the bill summaries scored below 60 on the Flesch scale. Senate Democrats voted in support of this decision. The next morning President Wagner provided a legal opinion from Legislative Counsel which claimed:

1. Only the legislature can judge compliance with the readability law.
2. The Oregon Supreme Court said (City of Damascus v. State by and through Brown) that bills are valid even if they don’t comply with the readability law.
3. Precedent is more important than statue in legislative process and the legislature has created the precedence of ignoring the readability law.
4. The bill summaries can only be objected to at certain points in the process. By the time we vote on them it is too late to do anything.

Republicans disagreed with the opinion. Regardless, we tried following it by objecting earlier in the process. Concerning House bills, President Wagner ruled that Senate rules and the readability law didn’t apply. Even though the bills were in the Senate and the readability law applies to both Senate and House bills. For one Senate bill, President Wagner promised it would not be introduced until he had consulted with Legislative Counsel. The following morning the same bill was back on the introduction list without explanation.

Let me be clear that Republicans objected to many bills over the readability law. Including bills with bipartisan support. We proposed sending bills back to committees so the summaries could be edited to comply with the readability law. Democrats voted against that solution.

Republicans used every procedural tool to make the Senate comply with the law. On May 3, the only option left was to deny quorum (20 members must be present for the Senate to conduct business).  This was a necessary step to stop Democrats from passing bills unlawfully.

Also, Senator Weber joined others in taking the issue to court. President Wagner was defended by executive branch lawyers. They argued that the separation of powers blocked the courts from getting involved. Furthermore, they argued that the Oregon Constitution prevents legislators from civil proceedings during session. Ultimately, Judge David Leith chose not to intervene. Although he said: “If it was mine to decide, I would say that the summary doesn’t meet that standard” (VanderHart, OPB, 5/4/23). Democrats have incorrectly used this court case to justify their actions.

I am not a lawyer, but the following things are clear to me.

1. Almost all bills are not complying with the readability law.
2. The courts are refusing to take any action on this issue.
3. If the Oregon Supreme Court is correct, then bills are valid even if passed unlawfully.
4. The legislature must enforce the law on itself.
5. The majority part gets to decide what is legal or not.

This is morally and ethically wrong. Oregonians do not get to pick and choose what laws are enforced on themselves. If an agency realizes they have not been enforcing an old regulation on businesses, the regulation is not considered invalid.

As a Senator, I swore an oath to upload the laws and constitution of Oregon. My oath is sacred to me. I refuse to join a quorum of the Senate if our actions will trample on the rule of law.

This is going on at a crucial time for Oregon. The Secretary of State recently resigned over ethical concerns. The Oregon Liquor and Cannabis Commission is embroiled in scandal. Now we are learning that the Senate is willfully violating the law. It seems that leadership in Oregon government feels they can do no wrong and are above the law. We are in the middle of an accountability crisis, and it is time that something is done about it.

There have been questions about Measure 113. The ballot measure was passed last year and bars legislators from seeking reelection if they have more than 10 excused absences during a session. My oath to uphold the constitution is more important to me than being reelected.

There have also been claims that Republicans don’t really care about the readability law and the real purpose of the walkout is to stop specific Democrat bills. For me, this is absolutely about the readability law. I imagine that once this issue is resolved, the majority party will continue to push through their bills. When that occurs, I will strongly oppose and discuss those bills on the floor.

My office has received comments asking if the reason for the walkout is because “Republicans are too dumb to read”. This is about making the lawmaking process accessible to Oregonians. I consistently hear from constituents that have trouble understanding proposed bills. Oregonians shouldn’t need a graduate degree to understand bill summaries.

It’s worth restating that almost all bills are not complying with the readability law. I have not confirmed if all my bills comply with the readability law. However, it is safe to assume that most of them do not. Legislators rely on the help of Legislative Counsel to draft bills and their summaries. I wrongly assumed that their work was done in full compliance with the law.

I’m sure that the legislature was more diligent in complying with the readability law when it was first implemented in 1979. Overtime, as staff and legislators changed, the law was probably forgotten about. Whatever the case, the law is still on the books and all bills should comply with it.

Being absent from some floor sessions does not mean that I’m not working. I’m still attending my committees, making phone calls, answering emails, taking meetings, and working on policy. Last week I went home to take care of needs in my district. While I was there, I would have attended committee virtually. But President Wagner doesn’t allow it.

By denying quorum we have drawn attention to Democrats willfully violating the law. There are variety of ways we can either comply with the law or make changes to it if necessary. What is important me to me is that Senate leadership is held accountable.

It is a great honor to serve in the legislature. I don’t always agree with my colleagues across the aisle on policy. Yet, I respect them for their experiences and service. I’m optimistic that reason will prevail and soon we will come together to resolve this accountability crisis.

I’m grateful for the positive messages of support I have received from my constituents and Oregonians across the state.

All the best,

Lynn P. Findley 

State Senator, Senate District 30

Email: Sen.LynnFindley@oregonlegislature.gov I phone: 503-986-1730
Address: 900 Court St NE, S-403, Salem, OR 97301
Website: https://www.oregonlegislature.gov/findley