June 27, 2011, City Council Meeting.

Resolution 933

Now I previously posted ordinance 361 on this blog.

This showed that our city repealed all our rights to be an emergency services department and gave them to Hood River.

When I put this on line was 3 weeks after I informed this city and questioned why this was posted on the web with no post ordinances following this. I was not seeing any ordinance concerning the formation, administration and policies of our Fire and ambulance departments.

Yesterday I received 2 ordinances.

This post will deal with resolution 933 which I will show here.

When I first read this, I never knew we had officially created a “Public Safety Department” in legislation.

And I thought it was bad not to find an emergency services department in legislation and now I find an emergency services division and ordinance enforcement division in this public safety department.

Which brings me back to the fire department and ambulance services departments, I have been looking for, that ordinance 361 repealed which started this search.

Yet I read this ordinance establishing the position of fire chief.

Well budget it is created here and not only that, this means that fund is not the emergency services fund but the Public Safety Fund.

That this council by the use of the word “lateral” officially violated the law if they meant that word to be laterally supported financially by the public works department and city light/CATV.

Just look up the legal definition of the word “lateral” and then “lateral support”.

It also appears that the wage range for the chief position was not stated, so how about minimum wage until this is all worked out?

But it appears this ordinance does require a paid chief as well as a paid ordinance enforcement officer to operate.

It is no wonder this snuck through as a resolution as an ordinance may not have made it.

But I also do not see the signatures correctly shown in this document, so is this something that was a draft or did it actually pass by a vote of the council?

You tell me what is going on.

Look for yourselves.

Cody

YOU TELL ME.

This is the Attorney opinion that keeps coming up.

It says council cannot but let’s sneak it through budget, but we may want to ask a judge.

It also makes it clear that the 5% privilege tax was unlawful.

It seems council repealed all their powers and forgot to re-establish them. (Read below)

And to think we had 3 previous council members speaking out against this council.

Looks to me like these 3 need to face the fact that this council did not create all these problems.

They inherited them.

What part of statutorily protected funds do they not understand?

So let me see if I got this right?

If this council does not violate the law and do what they did they are going to recall them?

I hope history is nice to you.

Delima.

This blog is a big tent political web portal site, seeking to have a forum where diverse viewpoints can be addressed, concerning the government of the City of Cascade Locks, Oregon.

This blog moderator monitors this site in accordance to  Article 19 of the Universal Declaration on Human Rights, which states that "everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers." Written in 1948, the principle applies aptly to today's Internet, one of the most important means of free expression in the world.

Yet government censorship of the web is growing rapidly. From the outright blocking and filtering of sites, to court orders limiting access to information and legislation forcing companies to self-censor content.  

So day in and day out I get all of these complaints and threats in my email and on the blog for me to censor this blog.

Do you see my dilemma?

Do I put aside my beliefs and censor this blog?

Do I stand on my beliefs and shut it down?

Or do I let it go as is and everyone can be responsible for their own actions?

If you send a comment and it is not posted.

Be sure your comment was posted by the confirmation notice on the top of the comment page.

Internet and network IP connection devices problems can prevent a comment from posting.

I have not deleted any comment on this blog.

Cody

I do want a fire chief.

But do I want this one?

That’s a hard pill for me to swallow right now.

I think the chief has done an outstanding job with his men and women.

I am proud of every one.

I am proud of his leadership skills with his volunteers.

So I am going to reach out to the volunteers right now.

I see the trust and respect that you have for your chief.

But understand by his own admission he said “he isn’t a numbers guy”.

(As quoted from the document).

And when I hear statements like that coming from the chief I have concerns.

He is the department head of an emergency services department.

He is in charge of his budget and that is numbers and you either can or cannot manage money.

The record is full of errors, misappropriated funds and un-authorized actions of the chief which have placed a financial burden on the city.

I am not talking about the fire truck or fire hall.

The chief has problems with documentation to establish financial facts.

The chief has problems with keeping up with reports required by his very agreements to council.

I have even read a report that the chief felt he only had to answer to other governmental agencies concerning the unauthorized 911 grant fiasco the chief got us into.

That to me showed a lack of respect towards his employer and this city.

It also showed a lack of respect for the office of fire chief and the men and women that serve under him.

Then we have this budget and all the fund issues and locating missing funds that keep being revealed.

Then I also have a problem with the man cave when nobody authorized anything other than building a new fire station. I never heard about the extreme fire hall makeover.

We were talking unlawfully borrowed money and I am not placing the unlawful part on the chief. Just the fact that it was borrowed money.

Well if I combine all of this together and it is clear to me that the chief may be a great firefighter and a leader of men, but he is lacking in his upper management skills and seeking approval before he does things.

But right now I cannot get over this budget.

I see funds missing.

The record is full of accounting errors and nobody seems to know where funds are.

Which leads me back to this.

The chief changed the billing dates on service billings we provided to customers and his excuse is; “he is just following orders just like anyone else”.

(As quoted in the document).

At that point I lost my respect and trust in the chief and I also think it showed disrespect for the not only himself. But it showed disrespect for the city, his position as chief, the office of the fire chief, the chiefs volunteers, a violation of the oath of fire chief’s and a violation of criminal laws.

So tell me how can I have trust and respect like you do?

Understand up until this time I saw what the work, professionalism and leadership he brought to this department was doing.

I saw what the level of professionalism was doing to not only the volunteers but the city as a whole.

I saw proud volunteers that looked and acted like professionals around town and have spoken with a few.

And I understand how you may feel loyal to your chief.

So can you tell me how I can ever overlook these facts?

Cody

WHOS FAULT IS IT NOW?

I do have a great concern about an all volunteer fire department.

You see the worst day of my life happened with a phone call at work and my boss told me I needed to go home as my house was on fire.

I do not wish to relive that day but we had a volunteer fire department and all I can say is they did not start the fire but they had some serious problems which was as negative as you can imagine that effected me forever.

The year was 1990 if I remember as I blocked that date from my memory and the house used to be on Ruckle right behind where our fire Chief lives.

For those who where here then, that was me.

I keep hearing about this lets go back to an all volunteer fire department and all I can say is you better pray to your God that you never have to go through what I did, as it will change your life for a very long time and some parts will never go away.

Now in comparing our department today to back then is like comparing night and day.

But when I see our volunteers, hear them speak about their experiences and respect their leader like they do I see a team.

And seeing a team this devoted to a cause is very rare to build.

Today I must say that I see an emergency services department that I would not be afraid to call 911 like I was after my fire.

As a matter of fact some of my family members have needed to make that dreaded call and lives were saved and an attempt to save a friend in front of our old fire station was as good as it gets.

But on the other side I have learned of incidents that did not go to well.

But is this the fault of our emergency services department?

I do not know because council never followed through to investigate the matter and fix what was broken.

But that does not surprise me as for over 27 years since our new charter was passed by a vote I did not vote in favor of, this new charter repealed everything including our articles of incorporation which protected the city. Since then sitting governments in our history have been slowly eroding our city through corruption bringing our city to the point it is today. On its knees!

So can anyone tell me why this entire department’s problems seems to be our fire chief’s fault? When these problems were created by elected and appointed officials?

Can anyone of you show me any legislation in our city which states the office our chief holds?

As a matter of fact can anyone of you show me any legislation which even says we have a fire and ambulance service?

Can anyone of you show me any legislation that specifies the duties and the policy of the office of fire chief?

Can anyone of you show me anything other than we have a fire code with a few state powers?

So where does the real fault lie?

Show me these ordinances if they exist?

It goes 27 years back when funds began being used unlawfully without any form of ordinance or resolution authorizing it. Followed by an illegal legislative action; to keep stealing from the cookie jar; when their hands got caught in it!

I keep hearing everyone blame the chief for the financial mess; the new fire hall got the city into.

I hate to break the news, but that was in the works when our chief was hired.

The new fire truck we needed was replacing one past its prime.

But is it the chief’s fault that he cannot pay the bills for that truck and I have to go back to that missing money between 2007 and 2008 and say no. Not without proof.

Sure he wanted it. I am sure he had good reasons besides getting us to a higher rating to save taxpayers money on insurance.

But I bet that his major concern was the safety of the citizens he was bound by oath to protect as well men and women he led and was responsible for.

So can I blame him for this?

No he did not authorize that truck to be ordered. Council did!

His only role in this was a proposal to the council.

That is all he can do.

He was authorized by the city administrator to apply for that grant.

He got the grant and it saved the city in the long run.

City Council approved it not the Chief!

With all the usage since that truck was acquired do you really believe that the truck we have going to market to be sold, would be running today?

I don’t think so.

What would have happened if that old truck just wore out?

We would have had to buy a new one without grant assistance or plead to the state for state surplus.

I remember the pump which was an antique and had problems then could not be repaired as the manufacture was not in existence or parts were no longer made, was well known and documented in the record.

I remember that basically the life of that piece of equipment was beyond its usefulness and documented in the record.

So is that a fault of our fire chief?

No! That is the cost of doing business.

And that is the fault of previous councils for not saving for replacement costs in the form of a reserve fund to account for depreciation replacement costs of city owned property.

So where do we go from here?

We create it first in legislation.

We set the administration functions of the department.

And we set the policies this department is going to need to operate efficiently, productively and financially.

We start from the bottom and we struggle to the top now.

And we can thank the foresight of previous administrations for the mess they left us in!

So let’s get this to the table and let’s do it right this time around!

So our future generations can look back in history and thank us for what was done.

But most importantly do it for the sake of our city.

Cody

I TOLD YOU SO!!!

Now that that is out of my system and my means to do so are back, I have to say the previous budget meeting did one thing. It told the world the same thing the Apollo 13 astronauts told the world when the oxygen tank blew and that is “Houston we have a problem”.

Except the words we are uttering is “911 we are out of gas!”

But the question is why?

Management is all I have to say here.

From the department head, former city administrator, the council and mayor who paid a consultant to study our emergency services department.

Does anyone remember that?

He presented his report right around the time we got the new fire truck.

They should have listened to what he said.

The same old song and dance.

There is no paper trail.

An accounting of every employee volunteered or paid, which shows the time spent on every project, or if not a project description of what they did. Written briefly to which describes what was done.

If an employee works 8 hours then all 8 hours of what the employee did that work day can be accounted for.

This record should include equipment or vehicles used and the starting mileage or hours if available documented. Any above normal equipment or tools with a high replacement value needs to be documented as to time spent on project.

All parts or supplies used need to be documented.

Then you know what your employees are doing during the work day and you can lower liability issues should they arise.

You know that employee number ? did such and such during this portion of the day and they used this equipment for this amount of ? and used ? in parts or supplies?

Then the department head gets these records before the next work day and at some point soon signs off then submits that entire departments accounting record of this to the City Administrator.

At that point the employee and department are accountable for not only their time spent as an employee but of the city owned property, supplies and parts financially accountable to the department is safeguarded for a return on that investment.

This is called project management.

And it is called a work order system.

The same old song and dance! Which myself and others, have been screaming for over a decade now, only to insult city employees, mid management and upper management.

But we the citizens have known this for years.

Oh yes Council should have listened to that consultant.

Because by now we could have already brought renegotiation back to the table with all intergovernmental agency contracts we have to increase our revenue.

But guess what nobody listened.

Just like this city has not listened to the auditor for longer than I can remember, on the very same thing. Work orders and an accounting system. A simple piece of paper with a pre established coding system for every piece of equipment, investment item, part or supply.

In this day and age a bar coding system.

But let’s go farther.

The department head has turned his work orders over to the city administrator.

The administrator goes over the work orders and approves them then he turns them over to the City Treasurer.

The City Treasurer then records this information and records this information in the record.

If billings occur the pre established coding system accounts for work time for pay role needs.

Departmental owned equipment expenses and depreciation is documented.

Departmental Parts and supplies are documented.

All billings happen at this point.

Then the Treasurer can document the required information in the report required at the first council meeting of every month.

This is mid-management.

Then council could ask for a report from a department head, on why we are spending so much time or money on such and such.

And the department head can say because these records show (for example) we have a problem with XYZ as it is at the end of its depreciated life and we should consider getting a new XYZ to remedy that problem and take the hit now and let XYZ pay off in the long run.

This is upper management.

All, first year curriculum courses, for each management level.

And there can be no blame assigned to this council or budget committee, this administrator, treasurer present or former, this blame lays squarely on the councils shoulders before this.

Why? Because council does not have a policy for this department and every department in this city established in legislation that demands accountability in all employees.

No these former sitting councils have allowed the employees to set the policy.

It is as simple as that.

These former councils have failed us miserably!!!

Now we the people pay for a simple paper document known as a work order, a purchase order system and an inventory coding system.

All I can say is I told you so!

Cody

As Promised.

I just began getting my requested public records concerning state fire intervention of our enforcement powers.

I am slowing down my upload of budget long enough to get this on the blog.

Now I see 2 reasons this happened.

The Fire Marshall has concerns over what he read in the paper and the current political situation.

Now I am getting replies from both sides.

So real quickly so I can get back to the upload and get my broadband back.

There are 2 sides to every story and I am not done.

You are just in the middle right now.

I already have the drafts complete I just have to let this upload finish.

So here are the public records requests I have been waiting for and promised you.

Cody

So You Want To Know Why? Part 4.

What little of a commercial sector we have must be cherished.

But somewhere around the first or second week that out interim City Administrator arrived and started the job, an issue came up.

Now I am not going to go through every legal issue I went through with the City Administrator here, as it is far too much for this blog so I am going to summarize it for you.

If you want to know the full legal details request it through public records at City Hall.

But the fact of the matter is our Chief was exercising powers that only belonged to the state.

You see the Chief was running around town ordering a business owner to install vehicle protection in front of a propane tank the business owner had paid a propane company to install.

But what the chief did not know is that that power only belongs to the State Fire Marshall.

And on top of that the party responsible to the state for a propane tank installation is not the business owner or a residential property owner, the responsible party to the State Fire Marshall is the propane tank installation business.

I also looked at our new Fire Hall’s propane tank and measured the spacing requirements and realized that it was not in compliance with the very same laws our Chief was trying to force this business owner to comply with.

I talked to the business owner and learned that the State Fire Marshall had already inspected the propane tank and he said he wished the vehicle protection which was installed was 2” higher but he would allow it. But then the State Fire Marshall and our Chief ended up in an argument.

The State Fire Marshall left without telling this business owner the propane tank needed to be 2” higher or that the barrier used did not meet fire code.

But then our Fire Chief red tagged the propane tank and harassed the business owner.

So emails between the City and I started flying.

Well we argued back and forth in these emails and I could tell our Chief was involved before long and it came down to the City Administrator saying I need to contact the State Fire Marshall.

To which I warned him that you may not want to do that but if you want to go ahead which he did.

Well during this time of arguing between the City and I, this business owner bowed down to the Chief and built vehicle protection which exceeded any code requirement.

Well the next thing I see is an email that the State Fire Marshall wanted to meet the City Administrator in private.

I asked to be a party to that meeting but that went nowhere.

The next thing I hear is that the State Fire Marshall again passed the propane tank installation again as the business owner built it to exceed code.

So this business owners cost to do business was raised because our very fire chief does not know where his powers start and where they stop.

When the responsible party to these costs should have been the installer as it is their licenses which can be lost should the installation fail an inspection done by the State Fire Marshall and not be corrected per the State Fire Marshalls orders.

But have any of you heard any of this mentioned in the Council meetings?

There has been one thing mentioned though.

Go back to the authorization of the bills in the last Council meeting.

Do you know what you will hear?

An authorization to pay a bill, to move a propane tank.

Seems our Chief may want to learn to clean his own house, before he goes around ordering others to clean theirs.

Cody

So You Want To Know Why? Part 3.

Now I have been requesting councils to deal with another issue I have.

Yet again nothing changes.

The problem has not been dealt with and has been allowed to grow to the point of ethics code violations.

So once again I have to play the bad guy here.

So I guess we play.

Well in this matter we are going to have to take a journey. So fill up whatever cup your drinking from and let’s go a journey.

We begin our journey at the Cascade Locks Fire Departments web site.

CLICK HERE!!!

Looks like a web site right?

Then we see a video and play it.

I myself think this is very good and gives a good representation of our city.

It is a great recruiting tool.

I think it is outstanding except;

Who is a “Burning Kitty Productions”?

This video says it is the production company that produced this video in the credits.

So it must be real?

But I cannot find that the name was registered in the state.

I cannot find it in the business registration with the state.

Council cannot tell me if this is a company of the city.

Council cannot tell me if our chief owns this company.

Council cannot tell me if the city paid a production company to produce this video.

As a matter of fact Council cannot tell me anything about it.

Why? Because Council only knows it is on the fire department web site and never authorized it.

Well Council here we go again it is now this Councils turn.

You better find out if this company exists, or that is false representation and false advertisement and I hope you realize the liability the City could be in because of this.

Then we have copyrighted music owned by others used in this video.

I see the artist listed in the video but I do not see the required “used by permission of” along with the music company who owns the right stated in these credits.

So did the City have permission to use this music?

If not you may have another liability problem here.

So you better find out as the Cascade Locks Fire Company is a business of the City.

But it does not end here lets follow that video.

If you click on that video while it is playing it will take you to a YouTube video channel.

CLICK HERE!!!

The registered name for this channel is hrrescue1.

I am confused here.

Shouldn’t this be Cascade Locks Fire and Ambulance or something?

When I look for this department I would think that it would lead me to Hood River Rescue or something and I could ask for the intergovernmental agreement but this is not the case it leads me to something which this name is already a registered web name for a registered business, which places this city in violation of the law and liability should this company find out and sue us.

CLICK HERE!!!

Adding 1 does not matter as every part of that name is owned by this company and the 1 does not change that fact. 1 is just a number behind the name.

Are your jaws dropping yet?

Let’s go back to the hrrescue1 page and click on that name and get to the videos uploaded by the owner which is our City I assume I can clearly state as a fact.

CLICK HERE!!!

Here we see 7 videos uploaded by the owner (City) of this site.

Again beautiful videos again and some are a great boost to our fire department but we have the same problems.

Was permission to use this copyrighted music obtained and if so why isn’t it stated in the credits?

Again I see the same production company and now I see another one.

“White Helmet Films”?

Look for yourselves.

CLICK HERE!!!

Again this company does not exist in the State records that I can find.

So I have the same questions about this company and the same concerns.

Now in this video I see a link to another web site stated at the ending credits.

Well looking at this name hrcfire I would think that means Hood River County Fire so I follow the trail and end up here.

CLICK HERE!!!

Now I do not know what to think.

It leads me back to the Cascade Locks Fire web site and is a link off that site.

Do you see all the other County Fire Departments listed here?

So when did Council enter into an intergovernmental agreement to do this?

I hope these other agencies are aware that copyrighted music is being used here and on this video the artist/s is not even being credited.

I question if these other agencies even know about this web site?

You know it would be tragic if these other agencies were dragged into a lawsuit for this.

But the real kicker in all of this is the ethics code violations for our chief promoting his own business on the city web sites.

This could lead to a financial gain for our chief and if it does or does gain financially, it not does not matter, because it can lead to it.

So let’s go back to the city you tube channel.

CLICK HERE!!!

A hazy film production?

Here we go again.

And just what does this have to do with our emergency services?

But keep on watching this as at the end you will see a link.

Here we go.

CLICK HERE!!!

The chief’s personal business is advertising on the city web video site.

I give you an Oregon Ethics Code violation!!!

But that is not all watch this.

CLICK HERE!!!

Did you see powered by Johnny’s Deli at the end of this video?

As we all know Johnny’s Deli was owned by a city employee and I am sure John Near likes the fact that our Chief just got him another as well as John Near himself an Oregon Ethics code violation for promoting a City employee’s business on a governmental web site.

Oh sure our Chief can say this is his personal web site.

To that I say B.S.

This site was created February 15 2009 with this video?

CLICK HERE!!!

The next video is this one uploaded July 21, 2009.

CLICK HERE!!!

So this video channel was specifically created for the City by a City employee.

That intention is crystal clear and there is no doubt.

Now after all of this I must also question.

How much time did the City pay in wages for all these videos and web sites?

It was during this time that our Chief’s overtime was breaking the bank after all.

I can clearly see that time on the clock was used to shoot all the video.

But who knows how much time on the clock worth of video lies on the editing floor?

Who also knows how much time was spent editing on the clock?

And the sad truth is we may never know because this City does not require all employees to keep a work order accounting for all time spent and all equipment used, parts used and the like documented to insure time on the clock is not being abused.

And my final questions of the day is; why are these controversial personal videos of our chief being allowed to be associated with our fire department and all these other governmental fire agencies?

And did Council Authorize any of this to occur?

In close let me say I think what our chief intended was a very good idea.

But as well intentioned as he may have been, he let it get out of hand and did not use any common sense.

Because of this, he has risked not only our city but others from what he has done.

Controversial yes his personal as well as the first video uploaded to You Tube is that.

I have never in my life nor could I imagine the F bomb or reference to Paris Hilton night vision be found in a city owned web site.

So is this Council going to deal with all of this or am I going to have to again and be the bad guy?

Cody  

So You Want To Know Why? Part 2.

So I opened the Pandora’s Box of the funds budget for emergency services and that fell right out of the door.

But we will come back to that later.

Now in this part I am going to address some problems our chief, has that I have addressed with him personally and/or to council yet nothing has changed.

To begin with I fought for years to get this city to go to a server where it archived all email.

That is the law.

Yet our chief refuses to follow the law.

He stays on a server which he can delete emails and they are gone forever.

So if I request a public record our chief can delete what he does not want made public.

So my right to that public record has been deprived under public record laws.

Well citizens not only does that refusal violate that provision of the law it also proves his insubordination to the council who are his employers’.

But that is a disciplinary problem for council to deal with, which they have not gone beyond a request after request after request. Going on 4 years of the same B.S. now.

Well now it is my turn to speak up about this issue but not only to our chief and not to the council but to every citizen in this city.

United States Code Title 18, PART I, CHAPTER 13 § 242 Deprivation of rights under color of law.

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Now I will show you the law where my rights along with every citizen in this town are being deprived under the color of the law and in this case our chief’s refusal to abide by the law.

ORS 192.001 Policy concerning public records. (1) The Legislative Assembly finds that:

(a) The records of the state and its political subdivisions are so interrelated and interdependent, that the decision as to what records are retained or destroyed is a matter of statewide public policy.

(b) The interest and concern of citizens in public records recognizes no jurisdictional boundaries, and extends to such records wherever they may be found in Oregon.

(c) As local programs become increasingly intergovernmental, the state and its political subdivisions have a responsibility to insure orderly retention and destruction of all public records, whether current or noncurrent, and to insure the preservation of public records of value for administrative, legal and research purposes.

(2) The purpose of ORS 192.005 to 192.170 and 357.805 to 357.895 is to provide direction for the retention or destruction of public records in Oregon in order to assure the retention of records essential to meet the needs of the Legislative Assembly, the state, its political subdivisions and its citizens, in so far as the records affect the administration of government, legal rights and responsibilities, and the accumulation of information of value for research purposes of all kinds, and in order to assure the prompt destruction of records without continuing value. All records not included in types described this subsection shall be destroyed in accordance with the rules adopted by the Secretary of State. [1973 c.439 §1; 1991 c.671 §3]

ARCHIVING OF PUBLIC RECORDS

ORS 192.005 Definitions for ORS 192.005 to 192.170. As used in ORS 192.005 to 192.170, unless the context requires otherwise:

(1) “Archivist” means the State Archivist.

(2) “Photocopy” includes a photograph, microphotograph and any other reproduction on paper or film in any scale.

(3) “Photocopying” means the process of reproducing, in the form of a photocopy, a public record or writing.

(4) “Political subdivision” means a city, county, district or any other municipal or public corporation in this state.

(5) “Public record” includes, but is not limited to, a document, book, paper, photograph, file, sound recording or machine readable electronic record, regardless of physical form or characteristics, made, received, filed or recorded in pursuance of law or in connection with the transaction of public business, whether or not confidential or restricted in use. “Public record” does not include:

(a) Records of the Legislative Assembly, its committees, officers and employees.

(b) Library and museum materials made or acquired and preserved solely for reference or exhibition purposes.

(c) Records or information concerning the location of archaeological sites or objects as those terms are defined in ORS 358.905.

(d) Extra copies of a document, preserved only for convenience of reference.

(e) A stock of publications.

(f) Messages on voice mail or on other telephone message storage and retrieval systems.

(6) “State agency” means any state officer, department, board, commission or court created by the Constitution or statutes of this state. However, “state agency” does not include the Legislative Assembly or its committees, officers and employees. [1961 c.160 §2; 1965 c.302 §1; 1983 c.620 §11; 1989 c.16 §1; 1999 c.55 §1; 1999 c.140 §1]

Well I am to the point that I am sick and tired of being sick and tired of requesting that the chief change his email over to server that archives his email, yet council’s have yet to enact any disciplinary measures for his refusal that I am going to see if the chief refuses this.

ORS 192.015 Secretary of State as public records administrator. The Secretary of State is the public records administrator of this state, and it is the responsibility of the secretary to obtain and maintain uniformity in the application, operation and interpretation of the public records laws. [1973 c.439 §2]

ORS 192.420 Right to inspect public records; notice to public body attorney. (1) Every person has a right to inspect any public record of a public body in this state, except as otherwise expressly provided by ORS 192.501 to 192.505.

I want to thank council’s for resolving this problem in a timely manner.

Well all you previous council’s this is how you deal with an insubordinate employee!

Just ask our previous City Administrator.

Can you hear me now?

Cody