Representative Owens introduces new legislation to limit Governor Brown’s emergency powers and restore balance in Oregon’s government

SALEM, Ore. – Representative Mark Owens (R-Crane) is introducing a bill during the 2022 Legislative Session that will restore the balance of power in Oregon’s government.

“This is really about transparency and a balance of power,” said Representative Owens. “Oregonians are growing tired of Governor Brown’s never-ending emergency and a rule-making process that they don’t understand. We need to introduce sensible limits to the power of the Governor’s office in our state.”

HJR 206, introduced by Representative Owens with bicameral support, would refer to the voters the option to vote to amend the Oregon Constitution to limit the Governor’s ability to declare an emergency or exercise powers under the declaration of emergency to only those granted by the law and for 30 days. This resolution would bring better balance to Oregon’s government which currently concentrates a large amount of authority in a single office.

The ongoing COVID-19 pandemic has resulted in strict government mandates and regulations, dictating how people can live their lives, all directed by the Governor’s Office through the Oregon Health Authority. Oregonians have become discontent with rules like a permanent indoor mask mandate and want more transparency in the decision-making process.

“It’s time for accountability and fairness in how these decisions are made. One sole person should not have ultimate and unchecked authority when it comes to determining the rights and freedoms of Oregonians.”

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Voice for choice grows

Sen. Lynn Findley, Rep. Mark Owens urge Gov. Kate Brown to ‘halt and reverse’ vaccine mandates

ONTARIO — More and more people are stepping up and voicing their opinion over people having a choice versus being mandated to get vaccinated for COVID-19 or lose their respective job. This comes on the heels of mandates for worker classes, including those who work for the state, in health care or in K-12 schools.

A protest was staged on Wednesday afternoon in front of Saint Alphonsus Medical Center-in Ontario and the same group, Stand for Kids-Malheur, is planning to be back there Saturday from 10 a.m. to noon. The group stated that their protests are not about being against vaccines, but about the freedom of an individual to choose whether they want that medical procedure.

About 100 people showed up at the beginning of the protest on Wednesday, with more showing up during the two-hour stretch. There were also at least two people circulating petitions on behalf of Malheur County Sheriff Brian Wolfe, who is aiming to gather as many signatures as possible through Sept. 7 to be sent with a letter to Gov. Kate Brown stating that she and other leaders are using the pandemic to enforce unconstitutional mandates, emphasizing that people should have the freedom to choose whether to get a vaccine or wear a mask, adding that individuals will have to deal with their own consequences of doing that.

While many citizens have voiced similar opinions, the Malheur County Health Department on Wednesday released a letter to news agencies which included signatures of more than 40 local health-care providers, urging people to have open and honest discussions about the risks and benefits of being vaccinated versus getting or spreading COVID. Additionally, the department is bringing back free testing and vaccination events, starting next Tuesday, and running every Tuesday from 9 a.m. to 4 p.m. at the Malheur County fairgrounds.

On Thursday, Sen. Lynn Findley, R-Vale and Rep. Mark Owens, R-Crane, in a news release stated they had reached out to Brown on Wednesday urging her to “halt and reverse” her recent vaccine requirements for specific worker classes, as well as add “robust medical and religions exemptions immediately.”

Those mandates could cripple the rural area, according to their release, which states that due to those mandates, a local school district may have to close, a local fire and ambulance service may lose the majority of its members, as most of the firefighters are cross-trained as emergency medical technicians.

The lawmakers said they received a letter from Jess Tolman, Fire and EMS Chief for the Vale Fire and Ambulance, who stated that 16 out of 22 members of that agency will resign from their jobs if the mandate is enforced, effectively closing their department. The agency is responsible for 2,500 square miles with some communities more than two hours apart.

“If this mandate continues to be enforced, we will have no choice but to close the department down. This will greatly impact the community that relies on us to care for time sensitive emergencies. We ask that Governor Brown lift these mandates so we can continue to provide lifesaving care here in Malheur County,” Tolman was quoted in the news release.

Additionally, Jordan Valley School Superintendent Rusty Bengoa, in the lawmakers’ release, outlined how it may displace all of the students in that school district due to forecasted staff shortages.

“Out of the 25 total school staff at the Jordan Valley School District, including teachers, para-pros, office personnel, administrators, bus drivers, and coaches, 21 have stated they will not get the Covid-19 vaccine. That is 84% of the staff in Jordan Valley. If this happens there is no way that the school district can sustain that loss to personnel. It is already extremely difficult just to replace one teacher when a position opens. The Jordan Valley School District will have no other option but to close if this requirement stands,” Bengoa said. “That will leave 65 students who live 46 miles from the closest town, which is actually in Idaho, and 70 miles from its closest Oregon neighboring town, with no access to a school.”

Owens said the debate is not about the reality or dangers of COVID or the Delta variant or the efficacy of the vaccine.

“This is about a gross overreach of authority that is legally, ethically, and morally wrong. The decision to get the COVID-19 vaccine is a personal and private conversation and choice between the individual and their health-care provider,” he said.

Owens contacted Oregon Legislative Counsel last week with multiple questions on how these exemptions would work if they are in fact implemented. At this time, those questions remain unanswered.

Findley, in a phone interview this morning, says they have not heard back from Brown, either.

When asked how long people might stay in their respective positions before leaving, he said he wasn’t certain.

“Nobody wants to leave,” he said.

Findley’s hope for robust exemption, he said would be that those would “accommodate the desires and beliefs and thoughts of the citizens without having to prove anything.”

In the news release, Findley said the impact to the rural area will be severe for schools, health-care providers, hospitals, prisons, public safety and social and public services.

“These mandates will result in more harm than good and will have an opposite effect than desired,” Findley said.

Outside of Malheur County, the lawmakers say that forced vaccinations will also harm health systems in Harney, Jefferson and Baker county, too. This includes the Harney County Health District, whose CEO states that the mandates will drive the workers to other organizations, other states or out of health care all together.

“That one decision to mandate vaccines has done more to put our rural health system at risk than any other threat I have faced in my 30 years of working in hospitals,” said Dan Grigg, CEO, Harney County Health District in the lawmakers’ news release.

A pharmacy technician from Jefferson County said after 36 years of working in a frontline positions, she will be forced to quite her career she loves or give up her rights.

“It’s a really scary and heartbreaking time for our state,” she said.

In Harney County, the Burns Dental Group serves about 2,500 patients on the Oregon Health Plan, and it is believed it would also close.

Malheur County leaders say vaccine mandate could cripple or close schools, ambulance service

State Rep. Mark Owens and Sen. Lynn Findley say Gov. Kate Brown’s mandates go too far, forcing teachers, health workers and public employees to choose between what should be a personal medical decision and the jobs that feed their families. Vale Fire Department, Jordan Valley School District and Harney County Health District are among the agencies speaking out against the measures.

VALE – Gov. Kate Brown’s mandate that health care and school workers get vaccinated will trigger a wave of resignations that officials say could shutter ambulance service in the Vale area, close the Jordan Valley school system, and leave the rural hospital in Burns limping along with a small staff.

That was the message delivered to Brown on Wednesday in a letter from state Sen. Lynn Findley, R-Vale, and state Rep. Mark Owens, R-Crane, pleading with the governor to reverse her order for the vaccinations.

“The impacts these vaccination mandates will have on rural schools, health care providers and hospitals, prisons, public safety and social and public services will be severe,” the rural legislators wrote.

“We strongly request you reverse course and remove the vaccination mandates placed on our health care and education sectors and public and state employees,” they wrote.

Brown’s office said in a statement to the Enterprise Wednesday evening that “elected officials should be calling on their constituents to wear masks and get vaccinated.”

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Charles Boyle, the governor’s deputy communications director, said in an email: “The vast majority of Oregonians hospitalized for Covid-19 are unvaccinated. People are dying right now when we have safe, effective, and free vaccines readily available. The governor is responding to a public health crisis.”

Findley and Owens released their letters with a press statement Wednesday evening. Their move came a day after Malheur County Sheriff Brian Wolfe wrote the governor, contesting the “alleged science” related to the pandemic and declaring that her mandates weren’t constitutional.

Meantime, Malheur County has reported an ever-climbing number of people infected with the coronavirus as the delta variant spreads unchecked. As of Wednesday morning, the hospitals in northeast Oregon had a combined total of just two beds available for patients needing intensive medical care.

But Findley and Owens backed up their dire predictions with letters and statements from public officials that were nothing short of stark.

Jess Tolman, chief of Vale Fire and Ambulance, said of the 22 people working in the service, including only three full-time employees, only six have been vaccinated against Covid.

“All other members are willing to walk and resign from their position if the vaccine mandate continues,” Tolman wrote in a letter dated Tuesday to the two legislators.

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“If this mandate continues to be enforced, we will have no choice but to close the department down,” he wrote.

He noted that the ambulance service covers 2,500 square miles of Malheur County.

“The closest additional ambulance service is located 20 miles away and they are dealing with the same issues that we are,” he said. “If our department shuts down, they would be unable to support our call volume.”

The legislators also reported on a statement from Rusty Bengoa, superintendent of the Jordan Valley School District. He said the district employs 25 people – from teachers to office administrators to bus drivers – and that “21 have stated they will not get the Covid-19 vaccine.”

He said the district would have little choice if that happened.

“There is no way that the school district can sustain that loss to personnel,” he said. “The Jordan Valley School District will have no other option but to close if this requirement stands.”

In Burns, the CEO of the Harney County Health District that operates the hospital, described a grim scenario for medical care in the area if vaccination mandates are enforced.

“I implore you to reconsider,” wrote Dan Grigg.

He said that 70 out of 192 employees expressed “high certainty” they would leave their jobs rather than get vaccinated. Another 18 are likely to leave, meaning the hospital district would be left with about half its staff.

“Losing this many employees in these departments would make it nearly impossible to provide a consistently high level of services to our community,” he wrote. “Losing this many EMS staff and nursing staff would completely shut down our ambulance service and hospital inpatient program.”

Grigg recounted how news of an effective vaccine was greeted by the medical community.

“The arrival of vaccines gave us hope that the virus would be eradicated and that we would be able to return to normal,” he said.

He said the community was “well on our way to winning the war againsat Covid-19.”

But vaccinations “plateaued” after about 40% of the Harney County adult population got the vaccine.

“Fear and mistrust began to spared,” he said. “The majority of our community and staff were not comfortable taking the risk of getting the vaccines,” he said.

He said the governor’s decision to impose vaccine mandates will not have the effect of stopping the virus she intended.

“More lives will be lost and we will see even greater pain and suffering,” he said. “That one decision to mandate vaccines has done more to put our rural health system at risk than any other threat that I have faced in my 30 years of working in hospitals.”

The legislators’ letter also noted that the president of the firefighters union in Baker City advised the local city council that up to half the professionals and nine out of 10 volunteers could be lost to the mandate.

While pressing the governor to drop the mandate, Findley and Owens also urged her to provide for “robust medical and religious exemptions” to the mandate.

They returned to their common theme during recent weeks that decisions regarding the pandemic shouldn’t be made for rural communities from Salem.

“As we anticipate the inevitable and unfortunate rise in Covid cases, we must allow local public health authorities and local leaders to make decisions to create the most appropriate plan of action in their communities,” they wrote.

They noted that they have urged their constituents “to aggressively take action to slow the spread, wear mask, social distance, seek out the facts, abide by the laws and obtain official information on the vaccine.”

They said Oregonians “need to do better, but mandated vaccines are not the answer.”

Letter to Governor Brown – Enough is Enough

Oregon State Seal

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​April 27, 2021

Honorable Governor Kate Brown
900 Court St. NE, Room 254
Salem, OR 97301

Director Patrick Allen
Oregon Health Authority
800 NE Oregon St,
Suite 550 Portland, OR 97232

Honorable Governor Brown and Director Allen,

Respectfully, enough is enough. Our small businesses and communities cannot endure another extreme adjustment of county risk levels and further shutdowns of the magnitude you have announced today, April 27, 2021. We have been told to follow the science and this is what we have been doing—the data simply does not support your decision, and our businesses are being unfairly and unreasonably targeted. The additional $20 million of support for counties does not adequately address the needs nor does it get to solving the roots of this problem.

For over a year, our small businesses, employers and families have endured hardships unlike any before. Shut down after shut down have resulted in permanent business closures, tens of thousands of unemployed Oregonians, lost revenues, bankruptcies, and more, at the hands of these closures. The constant waiting games and shifting of county risk levels and regulations are impossible to navigate.

There is no evidence to show that our small businesses spread COVID-19 while following the public safety measures that have been put in place, nor is there any evidence to show that keeping our small businesses open would result in higher numbers. Your offices need to make the tough calls to meet the virus where it is and where it is spreading, not to simply find the easiest target.

We have followed the stringent protocols put into place by OSHA, OHA and your office’s executive orders. Many of our businesses have been closed longer than they have been open. There is no data showing small businesses, restaurants and bars, gyms and fitness facilities are responsible for high transmission rates – in fact, it is just the opposite.

For over a year, you and your offices have had a difficult job and that is not lost on us. What is also not lost is you have had the tools to manage this public health crisis and ensure our hospitals do not reach max capacity. Our front line workers have sacrificed their safety and health to protect Oregonians in every manner possible, and they have not received the support they need to manage this public health crisis. OHA and hospitals have systematically reduced the staffed beds in Oregon over the past six months. The reporting of these numbers and the metrics by which they are measured continue to change and without notice or transparent information. This inconsistency is alarming and certainly prevents the ability to fully understand the circumstances by which decisions are being made.

The disorganized, disorderly and delayed roll out of vaccines only added to this chaos and mistrust. Even now as vaccines are available, appointments are difficult to find, and our counties don’t have what they need to provide enough vaccinations to our citizens. Even still, Oregonians are seeking vaccinations as quickly as possible to ensure their safety, the safety of others, and the re-opening of our state.

Frankly, our small businesses are not the problem. They should not be penalized again or further; it is not their responsibility to shoulder the burden of COVID-19. It is the responsibility of your offices to make decisions, backed by scientific evidence, to help Oregonians through this step in the pandemic.

We strongly urge you for the future of our state and the safety of Oregonians to reconsider this new phase of county risk levels that push our state further away from stability and recovery.

Sincerely,

Senator Lynn Findley
Senate District 30

Rep. Mark Owens
House District 60

Letter to Governor Brown – Elected Leaders Ask for a Conversation

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November 18, 2020

Honorable Governor Kate Brown
900 Court St. NE, Room 254
Salem, OR 97301

Dear Governor Brown,

We appreciate and understand the challenges you have faced as our Governor during this challenging time in Oregon. We have seen improvements in the response to COVID-19 and the executive decisions you have made that have slowed the spread of the virus. In our roles as state legislators, county commissioners and judges, and regional leaders, we’ve encouraged every effort available to do the same.

A one-size-fits-all approach to shutting down the state was logical and appropriate in March when the onset of this pandemic was new and was unknown. Over time, we have learned, adapted, adjusted and improved. Keeping counties and regions in a Phase II for an indefinite period of time is a one size fits all approach that does not work any longer.

It is time to re-evaluate the metrics and the ever-changing goal posts related to slowing the spread of COVID-19 in our rural, semi-rural, eastern and frontier communities. We have shut down for months, we have met the metrics required, we have followed the goal posts as they’ve moved, we have adhered to the rules, we have slowed the spread—and yet, our counties, communities, small businesses, K-12 schools, childcare and colleges, health departments and more, sit in a stale and stagnant state without forward progress. We have done and continue to do all that is within our capacity to slow the spread of COVID-19, and now, some of our border counties are being directly affected by decisions and actions from outside our state over which we have no control.

This is not a sustainable position for our communities.

Our COVID-19 cases will ebb and flow over the next several months just as they have over the last several weeks. This metric is not a reliable indicator of the situation. The metric that is most important to reconsider at this time is the original goal of ensuring there is adequate hospital capacity and not overwhelming our medical facilities. We have met this goal from the onset and continue to meet this goal. This must be the benchmark for future conversations on how we learn to live with COVID-19.

There is still much we don’t know about COVID-19, but what we do know is the continued closure and limitations under these guidelines disproportionally impact women, single-parent homes, rural communities and small businesses. Our students are struggling in their education as well as their mental and emotional fitness, families have been stressed to the maximum, and decade-old businesses that are the lifeblood of our Oregon communities have closed for good.

Over the past few weeks, we have safely met with school superintendents, the ODE Director, county sheriffs, county public health authorities and agency representatives to discuss how we move forward.

We must make significant changes to the way our systems are being managed going forward. It is not realistic or sustainable to continue in Phase I or II, as currently described, for our districts, counties and communities wherein.

We propose four areas for change:

  1. Restaurants and bars: Our hospitality industry, restaurants and bars must be able to stay open. The data shared by OHA does not show any indication that our restaurants and bars are the cause of increased cases. In addition, our hospitality industry is responsible for employing tens of thousands and Oregonians and keeping our already-fragile economy moving. Our restaurants and bars need to be able to extend their hours beyond the arbitrary closing time of 10:00pm and need to safely expand their indoor occupancy especially as we head into the holiday season and winter when indoor restaurants, lodging and tourism activity will grow. We are at risk for nearly 40% of our remaining businesses closing in the next six months if we do not allow for reasonable expansion of these services and industries.
  2. Schools: Our schools need to be allowed to fully re-open for in-classroom learning, and our students need to be allowed to participate in extracurricular activities. All teachers, students, staff, and volunteers that want to return to in-person learning should be able to do so in a safe manner. All teachers, students, staff, and volunteers that desire to continue CDL should be able to do so. If it is safe for college athletes to return to sports, assuredly it is safe for high school students. Parents need to be able to return to work, and our students and teachers need the stability of the classroom.
  3. State Agencies: We need to reopen our state agencies at all levels, including and specifically DMVs, across the state. We would argue, and assume you would agree, that our state agencies and state employees are essential. These agencies are funded with public dollars and our public needs full access to these essential services.
  4. Religious institutions: Release our churches and places of worship. While outliers will exist as the exception, most churches and places of worship will be and have been more than scrupulous in protecting their congregations from harm from COVID-19. Give pastors, religious leaders and governing boards the latitude to exercise their best judgement for safety.

We have been living with extreme difficulty with COVID-19 for over eight months and have taken the necessary precautions during this time, but we have another six, 12, 18 months, or longer to go as we continue to understand this pandemic. Further shutdowns are not sustainable. We must adapt our Phases to allow for therapeutic remedies that appear to be on the horizon.

At this juncture, by not allowing our kids to go to school, our parents and families to work, our agencies to open for services, and our small businesses to reopen for business, we are failing our state and devastating the lives of tens of thousands of Oregonians. Our rural communities are being left out and left behind. As leaders, we are failing our constituents and the future of our state’s survival is at risk.

We urge you to consider a more realistic approach and set a course of action that allows for freedoms, safety, and sustainability to work in conjunction with one another. In order to accomplish this, we must empower our local public health authorities to work with the local elected leadership, both of whom fully know local situations, to work together and in partnership with the OHA to move forward with what can become a regional version of Phase II-A and Phase II-B.

We are having these conversations now, and more importantly, we are taking the necessary steps to develop these plans so we can act and move our unique regions forward towards a sustainable, viable future. Something has to change, and we’re prepared to move ahead.

We have a simple ask.

As the leaders chosen by Oregonians to represent their best interests and be their advocates, throughout and across our beautiful state, we would ask that the Governor and Governor’s office participate in these meetings and work with us, assess the proposals and plans we put forward, and consider the options we will be recommending for your consideration and approval.

We look forward to hearing from you soon.

Sincerely,

Senator Lynn Findley
Senate District 30

Rep. Mark Owens
House District 60

Senator Bill Hansell
Senate District 29

Senator Kim Thatcher
Senate District 13

Senator Fred Girod
Senate District 9

Senator Brian Boquist
Senate District 12

Rep. Shelly Boshart-Davis
House District 15

Rep. Carl Wilson
House District 3

Senator Chuck Thomsen
Senate District 26

Rep. Mike Nearman
House District 23

Rep. Vikki Breese-Iverson
House District 55

Rep. Greg Barretto
House District 58

Rep. Bill Post
House District 25

Rep. Elect and Commissioner Lily Morgan
House District 3

Rep. Raquel Moore-Green
House District 19

Rep. Rick Lewis
House District 18

Rep-Elect Bobby Levy
House District 58

Bill Harvey
Baker County Commissioner

Mark Bennett
Baker County Commissioner

Bruce Nichols
Baker County Commissioner

Jerry Brummer
Crook County Commissioner

Patti Adair
Deschutes County Commissioner

Tony DeBone
Deschutes County Commissioner

Jim Hamsher
Grant County Commissioner

Sam Palmer
Grant County Commissioner

Pete Runnels
Harney County Commissioner

Patty Dorroh
Harney County Commissioner

Kristen Shelman
Harney County Commissioner

Mae Huston
Jefferson County Commissioner

Donnie Boyd
Klamath County Commissioner

Derrick DeGroot
Klamath County Commissioner

Kelley Minty Morris
Klamath County Commissioner

Mark Albertson
Lake County Commissioner

Brad Winters
Lake County Commissioner

James Williams
Lake County Commissioner

Donald Hodge
Malheur County Commissioner

Larry Wilson
Malheur County Commissioner

Dan Joyce
Malheur County Commissioner

Melissa Lindsay
Morrow County Commissioner

Don Russell
Morrow County Commissioner

Jim Doherty
Morrow County Commissioner

Todd Nash
Polk County Commissioner

Craig Pope
Polk County Commissioner

Bill Elfering
Umatilla County Commissioner

George Murdock
Umatilla County Commissioner

John Shafer
Umatilla County Commissioner

Paul Anderes
Union County Commissioner

Matt Scarfo
Union County Commissioner

Donna Beverage
Union County Commissioner

Susan Roberts
Wallowa County Commissioner

Mary Starrett
Yamhill County Commissioner