Articles Posted in April, 2007

Monday’s (4/30/07) Oregonian story by Michelle Roberts and Bryan Denson, “Wayne’s worlds blur boundaries of law, sanity,” was interesting from more than one perspective. Toward the end of the story, we read:

“Shortly after Skeen’s release, he called The Oregonian and said he wanted to continue championing the causes of psychiatric patients. He asked the reporter to give him a list of the names of state hospital workers. She refused.

A few days later, on July 19, 2004, James Sellers, a public information officer for the Oregon Department of Human Services called the reporter. Sellers asked whether she had received the employee list that her assistant, “Mike Allen,” had requested for her. The reporter told Sellers she had no assistant. Sellers said he had sent the information to an e-mail account that wasn’t a working e-mail address for the newspaper. After that conversation, the reporter phoned Skeen, saying she suspected he had pretended to be her assistant to obtain information.”

What I want to know is why is a PIO or any other government employee sending lists of employee information to anyone without FIRST checking on the where that information is going? The alleged Oregonian “assistant” had a non-employer email address. Yes, I know there are lots of reasons for that, but you’re sending personal information for heaven’s sake. How hard is it to call the reporter and verify that s/he is the person who will get the information? Enough personal information security lapses occur without anyone being able to stop them; couldn’t we at least minimize the ones that occur due to negligence, incompetence, and stupidity? On the Internet no one knows you’re Wayne.

Sunday’s (4/29/07) Oregonian had a good story by Sarah Hunsberger “Remodel disaster: $50,000 vanishes, as does contractor,” on how limited Oregon law is when protecting consumers from contractors who do shoddy work or go out of business, even when the consumer takes all possible care to check out the contractor’s bona fides at the CCB and beyond:

‘As home improvement season gets under way and families gear up to make big investments this spring and summer, the O’Briens’ misfortune offers a reminder that even though Oregon regulates contractors, consumers still carry the burden to protect themselves.

An investigation by The Oregonian in 2005 revealed that weak state laws and passive enforcement by the state Construction Contractors Board have allowed unscrupulous or financially troubled contractors to remain in business and avoid paying penalties levied by the state agency.

Sunday’s (4/29/07) Oregonian had a good story by Brent Hunsberger on noncompetitive agreements, “You can’t take that job,” and how they aren’t just for executives and knowledge workers:

” Last week, less than a month into new jobs, Sean Mesarich and Scott Beeson received a call that threw them for a loop.

Their former employer was threatening to sue both for violating a noncompete agreement.

Neither recalls signing the one-page pledge. And neither is an executive, doctor or salesman, careers in which the agreements are more of the norm.”

The April 20th Gresham Outlook reports:

“Tram backers approach Troutdale“

“With gasoline prices currently stuck above $3 a gallon, global warming concerns generating headlines and the Portland-metro area gripped in gridlock that only gets worse, alternative transportation methods continue to inch toward the mainstream.
But car-pooling, driving a hybrid and taking the bus all pale in comparison to Ben Missler’s 20-year renewable energy vision of building an $800 billion network of trams powered by wind and the sun across America.

The April 24th Tillamoook Headlight Herald reports:

“Trevino named to Circuit Court post“

“Mari Garric Trevino has been appointed by Gov. Ted Kulongoski as a Tillamook County Circuit Court judge, filling the vacancy created by the retirement of Judge David Hantke.

Trevino said she is excited and honored to be appointed to the position, and will do her best to live up to the standard of integrity set by her predecessor, Judge Hantke.”

I really wanted to post to a hot law story from the Sisters’ Nugget (who wouldn’t want to post to a newspaper referred to as Sisters’ Nugget? :-), aka Nugget News, but this is the best I can do, which isn’t too bad. It must be a great and peaceful place.

“Don’t rush reform,” By Eric Dolson

“Two laws need to be recognized by the Oregon Legislature, and neither was passed in Salem.

The first is the law of unintended consequences. The second is that, given a chance, most people will do the wrong thing for all the right reasons.

These are immutable, and legislators will obey them, willingly or not.According to The Oregonian, the House and Senate will attempt to “clean up our act,” in the words of the estimable Peter Courtney, after revelations that the Oregon Beer and Wine Distributors Association paid for legislators to go to Hawaii for a little golf.”

The April 27th Roseburg News-Review reports:

“Electric car company financier arrested for fraud“

“A California man who negotiated to buy a Roseburg company working to bring an electric car manufacturing plant to Sutherlin turned out to be a con man, law enforcement authorities say.Randall Bert Foshie, 57, was arrested earlier this month by the FBI at his home in Roseville, northeast of Sacramento. He is being held on federal charges of wire and mail fraud.Foshie is accused of carrying out a scheme to defraud investors by asking for up-front “commitment fees” in order to secure loans that Foshie agreed to finance. After collecting the fees, Foshie never made good on providing funding, federal officials said.”

From the April 27th Albany Democrat-Herald:

“LUBA overturns Tangent decision“

‘The Oregon Land Use Board of Appeals has struck down the city’s approval of Mel Brush’s application to bring his 84-acre farm into the city and build houses on it.Brush said he and his attorneys likely will appeal the decision to the Oregon Court of Appeals. They have 21 days from Wednesday, when LUBA announced its decision, to file.

From the Ashland Mail Tribune, April 27th:

“Rift: Proposed charter changes are dividing Ashland“

“Charges that the town’s crown jewel, Lithia Park, and its municipal water could be sold to private interests have cast shadows over a three-year-long attempt by city officials to adopt a new, modernized city charter.

For some reason the subject of municipal courts, their jurisdiction, appeals from, and their judges keeps popping up these past couple of weeks. I was scanning the newspapers from around the state and this story from the April 27th Daily Astorian jumped out: “Astoria DUII falls under the radar: City prosecutor won’t appeal May 11 drunken driving dismissal”

“Get arrested for driving under the influence of intoxicants in Warrenton, and you’ll likely face the charge in Clatsop County Circuit Court, a “court of record” held to state standards of judicial conduct.But get caught across Youngs Bay Bridge in Astoria, and the outcome in the city’s municipal court is more debatable.”

Interesting story.