2008 Lafayette Charter - Update

I am not always the first to admit my mistakes. I made a big mistake.

I was reading the story in the News Register about the 2008 Lafayette Charter that I filed on Friday August 1, 2008. In the article Nicole listed of some of the changes we have written into the new charter. I got to the part that said "One Provision would cut the city administrator and assistant administrator positions to 24 hours a week" and I thought we didn't write that part. Turns out that could be implied. Thanks to the News Register we were able to correct what would have been a grievous mistake. Our intention was to make the city administrator part time and keep the full time assistant city administrator.

So to correct this error before it becomes a real problem I have canceled the initiative I filed on Friday August 1, 2008. We have fixed that problem and another we found and will file the correct Charter on Monday August 4, 2008. We are sorry about any inconvenience this may have caused but, we did not want to compound the problem.

UPDATE: I did file the revised Charter with the City on Monday August 4, 2008 8:14 a.m. I am sure that there will be a meeting scheduled very shortly to assign an outside elections official to the initiative. I will post that time here and on the group site located at: http://groups.google.com/group/ourlafayetteoregonvoice I have also changed all links in news articles or recent items to the 2008 Lafayette Charter to the most current version. Previous versions can still be found in the file area under city charter section.

Chief Petitioner, Darrell Flood, filed an Initiative at Lafayette City Hall at 10:00 am Tuesday, July 15, 2008. The timeline has passed to provide the Chief Petitioner with a response as to the constitutionality of the filing. Instead, the Elections Official, Trena McManus has provided a statement advising a potential conflict of interest to Mr. Flood as well as to the Lafayette City Council. The City Administrator, Diane Rinks, and City Attorney, Andy Jordan, of Jordan Schrader Ramis, PC, have also filed letters advising the Council of a potential conflict. That leaves it to the City Council to determine a course of action, one that should have already been decided.

A complaint was filed, by Mr. Flood, at the Oregon Secretary of State’s Election Office on Thursday, July 24, 2008 advising the City has violated election law. Mr. Flood has still not received a response to the initiative and the issue has been forwarded to the Council for their next scheduled meeting on August 14, 2008, per correspondence from Ms. McManus. At that point, several more timelines will have passed. Mr. Flood advises he will continue to work with the State Elections Office until the issue is resolved.

The State Elections Office advises a city refusing to comply with the law has not generally been an issue before Lafayette.

Council Robert Sweitzer 503-864-8437

Bonnie Pursel, Citizen Emergency Coordinator

disaster.ready2008@gmail.com

Laura_young@urscorp.com

Karen_m_brown@urscorp.com

June 16, 2008

Lafayette to burn city property on June 22, 2008 between the hours of 8am and 5pm. If you live within miles of downtown Lafayette, make sure to keep your windows tight. Don’t do laundry, and come a few days, don’t you dare water your lawn.

Lafayette City Administrator Diane Rinks and Fire Chief Terry Lucich have deemed the McMinnville Fire Training Tower inadequate for Lafayette’s Fire Department Training needs.

Against citizen’s protests (and local ordinances), Diane Rinks and Terry Lucich will be destroying city property. They are moving forward with a ‘Burn to Learn’ of viable city resources. Diane has stated on numerous occasions this particular building contains a non-toxic mold. Citizen’s have asked for the opportunity to volunteer and do a quality deconstruction.

But, quality deconstruction takes time. And is citizen friendly and sustainable. Diane Rinks has no patience for any of these things. Even our own city burning guidelines state‘ the days of burning trash, tires, plastic, petroleum products, asphalt, industrial waste or anything that creates dense smoke or noxious odors are over and gone’.

To bolster the effort, Diane calls upon the town mayor, Don Leard for support of the project. Don owns the property next door to the building and is looking forward to the use of the additional parking spaces for his rental units and the avoidance of roofing shingles on his property. Although they get lost in his tall grass, he feels the building needs to go. On a side note, the council will be looking at acquiring neighboring property to the burn site to expand the city hall footprint. Would this be the same property the mayor owns? Only he and Diane know for sure. After the burn, the city council has authorized $100,000.00 to pave the square to put in parking (until the new city hall is built). It should also be noted that not one of the people involved in this decision (the administrator, the fire chief or the mayor, live in Lafayette).

In Lafayette, we are hard pressed for decent drinking water. And come summer, we have no water pressure to speak of. But, apparently, we will not have the need for rationing this year. Because the fire department has thousands of gallons at their disposal for this project. This project doesn’t even calculate the cost to groundwater pollution.

I support educating our fire personnel. Not 10 miles down the road is a beautiful training facility for just such a project. Does it lose something not seeing the actual destruction? If so, then our police forces should be allowed to let convicted criminals escape so they may practice their weapon firing accuracy. This is why simulation facilities exist. Technology makes actual situations no longer necessary.

Greensburg, Kansas is providing an example of how to behave as a city who wants to grow and be sustainable. Lafayette, Oregon is at the other end of the spectrum. Some day, Lafayette, too, will be held as an example – of how to extinguish a town.

Bring a mask and join me for an old fashioned protest.

Angela Flood

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City of Yamhill

City Recorder Charged in Thefts

March 7, 2008 
 
The Recorder for the City of Yamhill has been arrested on charges relating to the theft of over $18,000 in city funds. Sandra Elizabeth Wodarczak (48) of rural Yamhill was lodged in the Yamhill County Jail on the charges of Aggravated Theft, and Official Misconduct. Wodarczak has been the City Recorder and City Treasurer since 2000.

According to Yamhill County Sheriff Jack Crabtree, the investigation began February 29, 2008, when official’s from the City of Yamhill requested that Yamhill County Sheriff’s Office Detectives begin an investigation into missing funds. “City staff identified missing deposits of cash that had occurred over the past year. Mayor Murphy contacted an auditing service, who determined that over $18,000.00 was unaccounted for.  The missing funds appear to be from numerous transactions over the past calendar year” Crabtree said.  Wodarczak is cooperating with the investigation 

On March 04, 2008, Detectives from the Yamhill County Sheriff’s Office arrested Wodarczak on $15,000 security. She was later released on her own recognizance.   

Anyone with information or inquiries into this case may contact Sergeant Russ Ludwig at (503) 434-7506 ext. 4580.

Official Press Release

City Administrator Ready to Torch City Building

At the end of the city council meeting on February 14, 2008, City Administrator, Diane Rinks, advised the council of her plans to move forward on setting fire to city property, against the code of the city and the wishes of many.

The referenced building was previously used as an apartment building. This building is located directly behind city hall and within yards of a private residence. Ms. Rinks advised the building currently houses public documents.

But, as these documents are purged from the building, Ms. Rinks plans to have the fire department burn the building down. Citizens have asked that the building be deconstructed, due to the environmental hazard. In fact, burning the building down would be against the city’s own guidelines because of such a hazard.

Ms. Rinks apparently feels that city guidelines do not apply to city property, as the fire department will be responsible for issuing the permit. Currently, city guidelines advises commercial building fires are not allowed and only yard debris, trimmings and clippings at a private home are allowed.

Citizens are planning on making contact with several environmental organizations in an effort to stop this commercial burn. But, as many projects within the city are undertaken without public notice, there is no recognized timeline when this burn will take place.

The following speech was presented by Lafayette resident, Darrell Flood, to the Council, at the January Council meeting. The speech included handouts referencing the U.S. Constitution, the Oregon Constitution, The Lafayette City Charter, and the Lafayette City Council Rules. The Council did not respond to Mr. Floods warning.

On August 9 2007, Andy Jordan told the Council that city meetings do not, in fact, belong to citizens. He said that the council sessions "are your meetings". "Input," he said, "from citizens on matters before the city can happen only if it is permitted by those running the meeting." He also added that meetings are not meant for citizens; rather, for those elected officials who need to conduct the business of the city.

Attorney Jordan said that the definition of a public meeting does not mean a meeting of the public, and you (staff and Council) have the right to accomplish your meeting without disruption. He said, "The law does not allow or require citizen input at meetings."

Here is what he didn't tell you.

The law is made up of what is written and what is implied, the letter and the intent. Do you understand what is meant by implied? I guess the most common example is in 'Implied Consent'. When first responders enter a room and find an unconscious person it is implied or assumed that he would like help.

The Lafayette City Council Agenda has the same kind of implied consent. In the section marked 'Citizen Input on non-agenda items' it clearly states 'NON-AGENDA ITEMS'. What does this mean to you? This is the time when citizens can bring before the council whatever they have on their minds that is not on the agenda. But, if that is when citizens can bring up their own items, when can they weigh in on agenda items? The City Administrator stated in an email to my wife that it is not the policy or practice to put citizens on the agenda. This is a violation of your council rules section 5.1. I ask again, when can a citizen address agenda items? The answer is in the law. It implies that citizens would have a right to discuss or weigh in on AGENDA ITEMS.

When you have items on the agenda the procedure is to have a motion, then a second and then discussion. Not just a discussion for the councilors, but for all citizens.

So let's go to the law. I have given you a copy of the laws that apply to this case. You can see that the U.S. Constitution, the Oregon Constitution, The Lafayette City Charter, and the Lafayette City Council Rules all agree. The right to free speech is basic and guaranteed.

You have all been given the laws that apply to all citizens. So, the next time you shut down a citizen during a discussion, you know you are violating constitutional law. Do we need to file a civil rights complaint to be heard?

The following information was distributed to the Councilors for their examination.

Amendment 1 - Freedom of Religion, Press, Expression. Ratified 12/15/1791. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Section 1. Natural rights inherent in people. We declare that all men, when they form a social compact are equal in right: that all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government in such manner as they may think proper.

Section 8. Freedom of speech and press. No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right.

Section 26. Assemblages of people; instruction of representatives; application to legislature. No law shall be passed restraining any of the inhabitants of the State from assembling together in a peaceable manner to consult for their common good; nor from instructing their Representatives; nor from applying to the Legislature for redress of grievances [sic].

We, the people of Lafayette, Oregon, in order to avail ourselves of self-determination in municipal affairs to the fullest extent now or hereafter possible under the constitutions and laws of the United States and the State of Oregon, through this charter confer upon the city the following powers, subject it to the following restrictions, prescribe for it the following procedures and governmental structure, and repeal all previous charter provisions of the city.

5. AGENDA

5.1 The City Administrator shall prepare an agenda of the business to be presented at a regular Council meeting. The items on the agenda should follow the formal order of business prescribed elsewhere in these rules. The City Administrator, Mayor, Council Members or the public may request that a matter be placed on the agenda. The City Administrator shall have the discretion of placing an item on the agenda for the upcoming meeting or a subsequent meeting because of time constraints or time needed for compilation of materials. Requests for placement of an item on the agenda must be received by the City Administrator by 5:00 p.m. on the Wednesday a week prior to a regularly scheduled meeting.

5.2 Regular meetings shall be conducted in the following order of business, subject to the right of the mayor, with council consent, to alter the order of business:

• Call to order.
• Flag Salute.
• Roll call.
• Approval of minutes from previous regular meeting.
• Review proceedings and approve minutes of special meetings.
• Additions and Deletions. The purpose of this item is to add or delete items on the agenda. Items may be added or deleted by the City Administrator, Mayor, or with concurrence of a majority of the Council.
• Public hearings. All public hearings will be subject to notice requirements as listed in other city ordinances and state law, unless there are none, and then a Notice of Public Hearing shall be placed in a local newspaper a minimum of one time within the 7 days prior to the meeting. A copy of this Notice of Public Hearing shall also be posted at City Hall during that time.
• Citizen Input on non-agenda items. The purpose of this item is to allow citizens to address the council on matters related to city government and properly the object of council consideration. A time limit of five minutes per citizen shall apply, unless the Mayor, prior to the Citizen Input period, decides to allocate less time. Citizen comment shall not exceed 30 minutes unless the council votes to suspend the rules. The Council shall not take action on issues raised during this portion of the agenda until a later date.