Clackamas duelling "urban renewal" measures: Most votes wins
Late last week, the Clackamas County commissioners passed their ballot measure to compete with the citizens' initiative on putting future "urban renewal" expansions to public votes. Both measures will be before the voters in November. The citizens' version, placed on the ballot by petition signatures, calls for a countywide vote any time "urban renewal" zones are created or expanded. The commissioners' version would require such a vote only within the proposed "urban renewal" zone. Since the "urban renewal" zone benefits at the expense of the rest of the county, the commissioners' version is pretty much a rubber stamp compared to the citizens' initiative.
Anyway, the commissioners' original proposal specified that if both measures passed, the commissioners' version would trump the ctiizens'. Well, lo and behold, in their final version, the politicians have backed off that outrageous position. Although it's oddly drafted, there's a clause in their measure that appears to say that the measure with the most votes will win:
And so the commissioners are playing a somewhat less dirty game of pool than they first threatened. Nonetheless, to put a confusing counter-measure on the ballot rather than run a simple "No" campaign is a pretty rotten move. We hope the voters down that way see right through the ruse, and vote to empower themselves to decide the future of the county.
Of course, big money is already lining up on the politicians' side. It didn't help them with their epically failed Sellwood Bridge fee; we'll see if it does them any good on this one.
Comments (15)
Jack, knowing how attorney's can parse words, can "lesser number of votes" be interpreted as not meaning the total of both yes and no votes on either measure versus the total of "yes" votes on either as the basis of counting? To me it is not clear, or certainly could be up for interpretation if someone wanted to challenge it before or after the voting.
I wonder if state statutes regarding rules of statutory construction could be altered to accommodate this creative genius. When two statutory provisions conflict then the parties can just reference the vote margin for each, and if they are not the same then that will settle the matter. But then, how would one resolve a conflict when one measure was an initiative and the other was passed by the legislature?
Interesting that a PAC was formed and began collecting donations for the local decoy measure nine days before the Clackamas Commissioners voted to pass it.
The commissioners have to know that even if their measure gets more votes, it will be challenged and found to be unconstitutional at least in part. They are probably trying to backstop and make sure the citizen sponsored measure isn't allowed to go into effect. Remember, no vote at all is what they really wanted all along.
Sorry to keep continuing to post on this. I just figured out something else - the other principal with Mr. Shiprack is Donald Burns, who is a partner at Miller Nash - part of the Portland transit mafia and the firm who wrote the opinion for the Clackamas commissioners stating the citizen sponsored urban renewal measure was likely unconstitutional.
Thanks so much for clarifying this Jack. I'd like to know what I'm talking about when I speak to others about what the Clackamas County commissioners are trying to do here.
The whole topic of urban renewal is so complicated and confusing, but thanks to this blog, I feel I understand it enough to know - and explain to others in my community - how it is robbing our schools, public safety and social services.
Very incestuous relationships between several PACs -- Require Local Vote on Urban Renewal follows Oregonians to Maintain Community Standards which succeeds Clackamas County Citizens for Jobs and Safety. They all have the same treasurer and, strangely, each PAC has given money to each of the others -- $5K. I don't know what the point is of trading money between the groups. Maybe someone can enlighten me. While each of the groups overlaps objectives in some way and each has the same or similar donors (unions construction co. and politicians), Clackamas Co. Citizens for Jobs and Safety counts more politicians as donors.
"Clackamas Co. Citizens for Jobs and Safety counts more politicians as donors."
When you have two contractors who are told they will get the Sellwood bridge contract give 25,000 each in early May then later on in July 1 they are awarded the contracts there is less need for the other donors.
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
Hope Larson - A Wrinkle in Time, the Graphic Novel
Rudyard Kipling - Kim
Peter Ames Carlin - Bruce
Fran Cannon Slayton - When the Whistle Blows
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: 29
At this date last year: 66
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 (15)
Jack, knowing how attorney's can parse words, can "lesser number of votes" be interpreted as not meaning the total of both yes and no votes on either measure versus the total of "yes" votes on either as the basis of counting? To me it is not clear, or certainly could be up for interpretation if someone wanted to challenge it before or after the voting.
Posted by lw | September 12, 2011 9:45 AM
I wonder if state statutes regarding rules of statutory construction could be altered to accommodate this creative genius. When two statutory provisions conflict then the parties can just reference the vote margin for each, and if they are not the same then that will settle the matter. But then, how would one resolve a conflict when one measure was an initiative and the other was passed by the legislature?
Posted by pdxnag | September 12, 2011 9:57 AM
Gee how shocking.
The early donors are the usual conflicted suspects at the trough.
Light Rail builder:
09/06/2011 Stacy and Witbeck, Inc. ** Cash Contribution $2,500.00
Watch them line up here:
http://tinyurl.com/BCCscam
Oregonains to Maintain Community Standards
5000.00
Here's who they are:
http://tinyurl.com/OMCSbucks
Posted by Ben | September 12, 2011 10:22 AM
Interesting that a PAC was formed and began collecting donations for the local decoy measure nine days before the Clackamas Commissioners voted to pass it.
Posted by Angry Clackistani | September 12, 2011 10:30 AM
The commissioners have to know that even if their measure gets more votes, it will be challenged and found to be unconstitutional at least in part. They are probably trying to backstop and make sure the citizen sponsored measure isn't allowed to go into effect. Remember, no vote at all is what they really wanted all along.
Posted by Eric L | September 12, 2011 1:42 PM
One of the principals of Oregonians to Maintain Community Standards is Bob Shiprack, a construction/labor union attorney.
Committe information -
https://secure.sos.state.or.us/orestar/personAssocitedCommittee.do
His Business registry listing -
http://egov.sos.state.or.us/br/pkg_web_name_srch_inq.show_detl?p_be_rsn=118742&p_srce=BR_INQ&p_print=FALSE
His profile -
http://www.pacwestcom.com/team/staff/bob.php
Posted by Eric L | September 12, 2011 1:50 PM
And apparently Bob was seeking appointment to the Metro Council.
http://www.oregonlive.com/environment/index.ssf/2011/01/former_legislator_and_labor_le.html
Posted by Eric L | September 12, 2011 1:52 PM
Sorry to keep continuing to post on this. I just figured out something else - the other principal with Mr. Shiprack is Donald Burns, who is a partner at Miller Nash - part of the Portland transit mafia and the firm who wrote the opinion for the Clackamas commissioners stating the citizen sponsored urban renewal measure was likely unconstitutional.
http://www.millernash.com/donald-a-burns/
Posted by Eric L | September 12, 2011 2:01 PM
"Oregonians to Maintain Community Standards"
You mean Oregonians to keep guys like Shipwrack living off the public dole.
Man, does the log-rolling ever stop? That has to be every union in the state.
Posted by Steve | September 12, 2011 3:07 PM
Thanks so much for clarifying this Jack. I'd like to know what I'm talking about when I speak to others about what the Clackamas County commissioners are trying to do here.
The whole topic of urban renewal is so complicated and confusing, but thanks to this blog, I feel I understand it enough to know - and explain to others in my community - how it is robbing our schools, public safety and social services.
Posted by Ex-bartender | September 12, 2011 3:39 PM
I believe that Shipwreck's wife, Judy, is now a Multnomah County commissioner.
Posted by Max | September 12, 2011 5:22 PM
"I believe that Shipwreck's wife, Judy, is now a Multnomah County commissioner."
In addition to being a grifter on public development money in downtown that she blew on a bad idea.
Posted by Steve | September 12, 2011 5:46 PM
Very incestuous relationships between several PACs -- Require Local Vote on Urban Renewal follows Oregonians to Maintain Community Standards which succeeds Clackamas County Citizens for Jobs and Safety. They all have the same treasurer and, strangely, each PAC has given money to each of the others -- $5K. I don't know what the point is of trading money between the groups. Maybe someone can enlighten me. While each of the groups overlaps objectives in some way and each has the same or similar donors (unions construction co. and politicians), Clackamas Co. Citizens for Jobs and Safety counts more politicians as donors.
Posted by Nolo | September 12, 2011 11:06 PM
"Clackamas Co. Citizens for Jobs and Safety counts more politicians as donors."
When you have two contractors who are told they will get the Sellwood bridge contract give 25,000 each in early May then later on in July 1 they are awarded the contracts there is less need for the other donors.
Posted by Ben | September 13, 2011 7:49 AM
But what is the purpose for each PAC giving the others $5k? Why not just keep their own money rather than pass it back and forth? Seems odd.
Posted by Nolo | September 13, 2011 9:20 PM