The person who enforces state law on this kind of violation says she needs a complaint to take any action. Well hey, here's her email address: Carla.M.Corbin@state.or.us. Perhaps someone out there would like to pull the trigger.
This one's like the library ballot measure from six months ago. Whatever the merits may be, the way it's being promoted turns our stomach. No way we're going to pull out the clothespin for our nose and cast a yes vote "for the children." Sleaze should not be rewarded.
(And speaking of echoes -- compare this today with this on Monday.)
Comments (16)
So the penalty is $250?
BFD. I would expect the response. Or is there more?
I hope so. We just took a walk around the Mt Tabor area today and the support signs are going up. A big valentine heart and all!
Interest on the bond will be approximately $75.5 million. That makes the total cost of the bond $623.5 million, not the $548 million PPS has been publicizing.
As far as I can tell, PPS has not informed the public how much the interest is on the bond.
The Secretary of State has something to say about this, too:
In cases where this an an overall cost, the total amount should be included (for instance the total amount of the bond). Ideally, this should include principal and interest for the total cost.
No, the responsible officials can be ordered to personally repay the government for the illegal expenditure. See ORS 294.100(3).
We could always ask Portland's Auditor or City Attorney -- or the Secretary of State -- for an opinion on the general notion of using public funds on private political campaigns . . . for public office. Portland's clean money campaign scheme was a far clearer violation, and complaints were uniformly met with scorn. Enforcement has itself become a political question.
Burt v. Blumenauer, 299 Or 55, 57 (1985) (pdxzone.com/show/orspct/spct299_0057 free access for a day with registration)
Plaintiff is a taxpayer in Multnomah County who is entitled to bring suit under this statute. Plaintiff contends that defendants expended money for a purpose different than authorized by law when they spent money in the fluoridation project at a time when an anti-fluoridation measure was on the City of Portland ballot. At the time relevant to this case, ORS 260.432 prohibited 'any person' from, among other things, requiring a 'public employe to * * * aid, promote or oppose * * * the adoption of a measure * * *.' The statute also prohibits public employes from engaging in the same conduct * * * "
Another in a long series of cynical lessons to youth growing up here... rules may or may not apply to you depending on whether you get caught, what the risk of consequences are, what your connections are, and whether or not your lawyer can argue 'it was only a careless omission, sorry'.
Is it any wonder our HS dropout rate is one of the highest in the nation?
I notice Bill Sizemore has posted this comment to the Oregonian piece. Anyone know anything about this?
"....Oregon property tax law says a school district cannot run a bond measure to fund the cost of repairs or maintenance that reasonably could have been anticipated. I know, I wrote that provision specifically because the teachers unions were demanding so much money that the districts couldn't meet their demands and maintain their buildings. They were intentionally deferring maintenance and shifting the money over to union contracts. All it takes is a lawsuit to prevent the abuse. The law is there, if anyone wants to use it. Bill Sizemore"
Learn Now, Build Later, you make a very good point that debt cost should be included in the actual cost for this Measure.
But if you ask Portland's PDC several past and present staff like Cheryl Tweety and Brown, they stated emphatically that debt cost is not the cost of a project. When you have most of government running on debt, like we do here locally, it then makes sense to include debt in the cost. If government ran like it use to, on mostly tax revenue coming in before services rendered, then their logic would make more sense.
Secretary of State Brown should make PPS adhere to the laws. Or citizens should sue.
Even as one who might vote for the bond and levy I thought that mailer crossed a line. There are plenty of independent groups who could have printed and sent it using money raised from private donors.
Mr. Grumpy:Another in a long series of cynical lessons to youth growing up here...
Agree.
There can be no respect shown here, not at all good for our youth to see this lack of morals, law and regulations may or may not apply, lack of financial responsibility, etc.
Some example the leaders of our city who go along with all of this set for the youth of our community!!
Charamba, Douro 2008
Horse Heaven Hills, Cabernet 2010
Lorelle, Horse Heaven Hills Pinot Grigio 2011
Avignonesi, Montepulciano 2004
Lorelle, Willamette Valley Pinot Noir 2011
Villa Antinori, Toscana 2007
Mercedes Eguren, Cabernet Sauvignon 2009
Lorelle, Columbia Valley Cabernet 2011
Purple Moon, Merlot 2011
Purple Moon, Chardonnnay 2011
Abacela, Vintner's Blend No. 12
Opula Red Blend 2010
Liberte, Pinot Noir 2010
Chateau Ste. Michelle, Indian Wells Red Blend 2010
Woodbridge, Chardonnay 2011
King Estate, Pinot Noir 2011
Famille Perrin, Cotes du Rhone Villages 2010
Columbia Crest, Les Chevaux Red 2010
14 Hands, Hot to Trot White Blend
Familia Bianchi, Malbec 2009
Terrapin Cellars, Pinot Gris 2011
Columbia Crest, Walter Clore Private Reserve 2009
Campo Viejo, Rioja, Termpranillo 2010
Ravenswood, Cabernet Sauvignon 2009
Quinta das Amoras, Vinho Tinto 2010
Waterbrook, Reserve Merlot 2009
Lorelle, Horse Heaven Hills, Pinot Grigio 2011
Tarantas, Rose
Chateau Lajarre, Bordeaux 2009
La Vielle Ferme, Rose 2011
Benvolio, Pinot Grigio 2011
Nobilo Icon, Pinot Noir 2009
Lello, Douro Tinto 2009
Quinson Fils, Cotes de Provence Rose 2011
Anindor, Pinot Gris 2010
Buenas Ondas, Syrah Rose 2010
Les Fiefs d'Anglars, Malbec 2009
14 Hands, Pinot Gris 2011
Conundrum 2012
Condes de Albarei, Albariño 2011
Columbia Crest, Walter Clore Private Reserve 2007
Penelope Sanchez, Garnacha Syrah 2010
Canoe Ridge, Merlot 2007
Atalaya do Mar, Godello 2010
Vega Montan, Mencia
Benvolio, Pinot Grigio
Nobilo Icon, Pinot Noir, Marlborough 2009
Portuga, Rose 2011
Revelation, Chardonnay, Pays d'Oc 2010
Beaulieu, Cabernet, Rutherford 2005
Monte Alto, Tinto Reserva 2005
Chateau Ste. Michelle, Cabernet, Indian Wells 2009
Espiral, Vinho Rose
Vin-Koru, Pinot Gris 2011
14 Hands, Hot to Trot Red 2009
Rodney Strong, Cabernet, Sonoma 2009
Abacela, Vintner's Blend #11
Portuga, White 2010
La Bourgeoisie, Red 2009
Januik, Red 2009
Three Rivers, River's Red 2008
Kirkland, Alexander Valley Merlot 2008
Muga, Rioja Rose 2010
Quinta das Amoras, Vinho Tinto 2009
Mauro Molino, Barbera d'Alba 2009
Garda Chiaretto Rose
Columbia Crest, Two Vines Vineyard 10 White
Chateau Ste. Michelle, Pinot Gris, Columbia Valley 2009
L'Hortus, Rose de Saignee 2010
Maculan, Pino & Toi 2008
McKinley Springs, Bombing Range Red 2008
Trader Joe's Pinot Gris 2009
Montes Alpha, Cabernet 2007
Gran Sasso, Sangiovese, Terre di Chieti 2009
Garda, Classico Chiaretto Rose
Beaulieu, Cabernet, Rutherford 1999
Picos del Montgo, Tempranillo 2008
Chateau de Montmirail, Vacqueyras 2008
La Granja 360, Syrah 2009
Montgras, Carmenere Reserva 2009
Lange, Pinot Gris 2009
Columbia Crest, Horse Heaven Hills Cabernet 2008
Kirkland, Pinot Grigio 2010
Trader Joe's Coastal Syrah 2009
Columbia Crest, Horse Heaven Hills Merlot 2008
Trader Joe's Coastal Chardonnay 2009
Vieux Papes Red
Domaine de l'Aujardiere, Chardonnay 2009
Santa Rita, Cabernet, Medalla Real 2007
Penfold's, Koonunga Hill Shiraz Cabernet 2008
Guild, Red, Lot #02 2008
Dievole, Dievolino Sangiovese 2008
Laforet, Burgogne Chardonnay 2009
Columbia Winery, Merlot 2007
Bonterra, Cabernet 2008
Elk Cove, Pinot Gris 2009
Maquis Lien 2006
Scott Paul, Pinot Noir, Le Paulee 2007
The Occasional Book
Neil Young - Waging Heavy Peace
Mark Bego - Aretha Franklin, the Queen of Soul (2012 ed.)
Jenny Lawson - Let's Pretend This Never Happened
J.D. Salinger - Franny and Zooey
Charles Dickens - A Christmas Carol
Timothy Egan - The Big Burn
Deborah Eisenberg - Transactions in a Foreign Currency
Kurt Vonnegut Jr. - Slaughterhouse Five
Kathryn Lance - Pandora's Genes
Cheryl Strayed - Wild
Fyodor Dostoyevsky - The Brothers Karamazov
Jack London - The House of Pride, and Other Tales of Hawaii
Jack Walker - The Extraordinary Rendition of Vincent Dellamaria
Colum McCann - Let the Great World Spin
Niccolò Machiavelli - The Prince
Harper Lee - To Kill a Mockingbird
Emma McLaughlin & Nicola Kraus - The Nanny Diaries
Brian Selznick - The Invention of Hugo Cabret
Sharon Creech - Walk Two Moons
Keith Richards - Life
F. Sionil Jose - Dusk
Natalie Babbitt - Tuck Everlasting
Justin Halpern - S#*t My Dad Says
Mark Herrmann - The Curmudgeon's Guide to Practicing Law
Barry Glassner - The Gospel of Food
Phil Stanford - The Peyton-Allan Files
Jesse Katz - The Opposite Field
Evelyn Waugh - Brideshead Revisited
J.K. Rowling - Harry Potter and the Sorcerer's Stone
David Sedaris - Holidays on Ice
Donald Miller - A Million Miles in a Thousand Years
Mitch Albom - Have a Little Faith
C.S. Lewis - The Magician's Nephew
F. Scott Fitzgerald - The Great Gatsby
William Shakespeare - A Midsummer Night's Dream
Ivan Doig - Bucking the Sun
Penda Diakité - I Lost My Tooth in Africa
Grace Lin - The Year of the Rat
Oscar Hijuelos - Mr. Ives' Christmas
Madeline L'Engle - A Wrinkle in Time
Steven Hart - The Last Three Miles
David Sedaris - Me Talk Pretty One Day
Karen Armstrong - The Spiral Staircase
Charles Larson - The Portland Murders
Adrian Wojnarowski - The Miracle of St. Anthony
William H. Colby - Long Goodbye
Steven D. Stark - Meet the Beatles
Phil Stanford - Portland Confidential
Rick Moody - Garden State
Jonathan Schwartz - All in Good Time
David Sedaris - Dress Your Family in Corduroy and Denim
Anthony Holden - Big Deal
Robert J. Spitzer - The Spirit of Leadership
James McManus - Positively Fifth Street
Jeff Noon - Vurt
Road Work
Miles run year to date: 21
At this date last year: 52
Total run in 2012: 129
In 2011: 113
In 2010: 125
In 2009: 67
In 2008: 28
In 2007: 113
In 2006: 100
In 2005: 149
In 2004: 204
In 2003: 269
Comments (16)
So the penalty is $250?
BFD. I would expect the response. Or is there more?
I hope so. We just took a walk around the Mt Tabor area today and the support signs are going up. A big valentine heart and all!
Posted by Starbuck | April 7, 2011 10:31 PM
Interest on the bond will be approximately $75.5 million. That makes the total cost of the bond $623.5 million, not the $548 million PPS has been publicizing.
As far as I can tell, PPS has not informed the public how much the interest is on the bond.
The Secretary of State has something to say about this, too:
Posted by Learn Now, Build Later | April 8, 2011 6:36 AM
There's no telling exactly how much the interest will be. But given the state of the bond market, it will be relatively high.
Posted by Jack Bog | April 8, 2011 6:48 AM
The $75.5 is the estimate used by PPS for its "economic impact" report. That works out to about 4 percent.
Posted by Learn Now, Build Later | April 8, 2011 6:53 AM
Following the law is so 1950's.
The only real question that PPS needs to answer is this:
Will a manipulative public relations campaign sponsored by PPS:
A) Persuade otherwise undecided voters to vote no?
or
B) Produce more yes votes than "lost" undecided voters resulting from A)?
Posted by Mister Tee | April 8, 2011 7:04 AM
$250 for a campaign violation? That's a minor expediture like ordering lunch sandwiches for the election office.
Business as usual in Oregon... unless you're a big corporation the AG can go after for lucrative punitive damages.
Posted by Mr. Grumpy | April 8, 2011 7:20 AM
$250? You'd get a bigger ticket for stopping in green box.
This is as bad as the non-disclosure thing going thru Legislature
http://www.wweek.com/portland/article-17315-ta_ta_transparency.html#dComments
$5000 fine for not reporting instead of 10% for not reporting contributions.
You can kinda see where this is going if they spent $20M to be governor. Just pay the fine and do what you want.
Politicians just keep getting cleaner everyday.
Posted by Steve | April 8, 2011 7:35 AM
"The maximum fine for a violation is $250."
No, the responsible officials can be ordered to personally repay the government for the illegal expenditure. See ORS 294.100(3).
We could always ask Portland's Auditor or City Attorney -- or the Secretary of State -- for an opinion on the general notion of using public funds on private political campaigns . . . for public office. Portland's clean money campaign scheme was a far clearer violation, and complaints were uniformly met with scorn. Enforcement has itself become a political question.
Burt v. Blumenauer, 299 Or 55, 57 (1985) (pdxzone.com/show/orspct/spct299_0057 free access for a day with registration)
Posted by pdxnag | April 8, 2011 9:36 AM
Driving by Glencoe Elementary this morning, there is a "Portland (Heart) Schools" sign on the front lawn.
Posted by Jeff | April 8, 2011 10:14 AM
I hope there's a press release from the state attorney general's office about this soon.
Posted by Jack Bog | April 8, 2011 11:02 AM
Another in a long series of cynical lessons to youth growing up here... rules may or may not apply to you depending on whether you get caught, what the risk of consequences are, what your connections are, and whether or not your lawyer can argue 'it was only a careless omission, sorry'.
Is it any wonder our HS dropout rate is one of the highest in the nation?
Posted by Mr. Grumpy | April 8, 2011 12:22 PM
I notice Bill Sizemore has posted this comment to the Oregonian piece. Anyone know anything about this?
"....Oregon property tax law says a school district cannot run a bond measure to fund the cost of repairs or maintenance that reasonably could have been anticipated. I know, I wrote that provision specifically because the teachers unions were demanding so much money that the districts couldn't meet their demands and maintain their buildings. They were intentionally deferring maintenance and shifting the money over to union contracts. All it takes is a lawsuit to prevent the abuse. The law is there, if anyone wants to use it. Bill Sizemore"
Posted by Alice | April 8, 2011 1:24 PM
Learn Now, Build Later, you make a very good point that debt cost should be included in the actual cost for this Measure.
But if you ask Portland's PDC several past and present staff like Cheryl Tweety and Brown, they stated emphatically that debt cost is not the cost of a project. When you have most of government running on debt, like we do here locally, it then makes sense to include debt in the cost. If government ran like it use to, on mostly tax revenue coming in before services rendered, then their logic would make more sense.
Secretary of State Brown should make PPS adhere to the laws. Or citizens should sue.
Posted by lw | April 8, 2011 2:50 PM
Even as one who might vote for the bond and levy I thought that mailer crossed a line. There are plenty of independent groups who could have printed and sent it using money raised from private donors.
Posted by Eric | April 8, 2011 3:22 PM
Mr. Grumpy:Another in a long series of cynical lessons to youth growing up here...
Agree.
There can be no respect shown here, not at all good for our youth to see this lack of morals, law and regulations may or may not apply, lack of financial responsibility, etc.
Some example the leaders of our city who go along with all of this set for the youth of our community!!
Posted by clinamen | April 8, 2011 11:56 PM
Those who support this school measure,
contribute to a fund for the schools, instead of taxing everyone.
Posted by money matters | April 9, 2011 9:02 AM