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
3 comments:
Cody,
You are a sad person if this is what all of your good deeds for the city has come to. If you really have this much time to investigate, correspond and waste peoples time (Your facts in all of your other posts are hilariously wrong; this according to the sources ie fire department members, the state fire marshal and Heather Soderberg),; maybe you should get a job instead of living off of disability. You seem to have some skills and the ability to research. Maybe a real job is in your future!?
You are quickly becoming a joke to the county, the state and most citizens of this community. I mean really, an ethics violation.... have you not read the ethics commission statutes and what they investigate. If the fire chief was profiting from videos, then they would listen, anything else will be ignored. When I look at other fire departments on "you tube" they do the same type of thing!
Maybe you should use your your "mad" skills to benefit the community instead of trying to tear it appart. Your audacity at taking away from what the volunteers appreciate just so you can justify an unwarranted attack is going too far. You really should be ashamed of yourself. If you really are about better government then you should be assisting in building bridges, not destroying them or increasing the gap.
Why are you not reporting or blogging about the illegal activity of the Mayor and one of the city councilors. Two people who were building without a building permit, building without a plumbing permit, building without an electrical permit! And, when these two individuals were confronted by a governmental official, they abused their powers and made statements that are in violation of state ethics rules. The crazy thing is that one of these people used to be a contractor and should know better. This is a fact and yet you do noting....
The sad thing is that Cody is occassionally right. But when you are only 10 percent right, and 90 percent of what you say either is off point or wondering in the ORS, then no one believes you. More thinking and less smoking would help.
The sad thing is people like you who wouldn’t understand the truth if it bit you in the ass.
Or could it be that it did in fact bite you in the ass and you can’t handle the truth?
Truthfully I do not know and I do not care what you think about me personally.
I am not in this to make friends but instead I am in this to end the illegal practices of this city.
I tried the friendship approach and got nowhere real fast.
If I step on your toes all I can say is you better move.
But what I do know is that comments like these do not prove me wrong in any way, shape or form.
All they do is further prove my opinions, as a comment with no factual basis proving an untruth or a mistake on my part is no proof that I am wrong factually.
I learned that in fourth grade science class when the class began learning about proving and disproving theories.
Did you miss the fourth grade?
Then when the comment resorts to slander as a basis to make a claim that I am as wrong as you claim I am, then that to me shows the actions of a person who may fear what I am saying as true and who fears everyone else may think I am correct. So instead of challenging a fact with a fact you attempt to change the subject from factual and make it personal in an attempt to discredit me.
So can I ask you, did anything you say change the facts I have expressed?
No because you did not prove a single thing.
Now grow a set and prove me wrong or be smoked.
And be brave enough to sign your name to it if you have the guts.
Cody
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