March 26 2012 City Council Meeting

March 26 2012 City Council Meeting

The Mailing Sent To The Oligarchs.

Councilmember Cramlett, Lance Masters, Brad Lorang, Jeff Helfrich, Mark Storm, Randy Holmstrom, Gail Lewis.

Having a break in the action for a couple of days I have many issues you have not resolved but one issue needs to be addressed as I will not allow you to sweep such an important issue under the carpet as you are attempting to do.

Can I ask if this self proclaimed council is going to vote on Brad Lorang and Mark Storm being able to serve beyond the general election or are you trying to sweep the people’s right to vote for our own government under the rug?

Section 19. VOTE REQUIRED. Except as this charter provides otherwise, express concurrence of a majority (four members) of the Council is necessary to decide affirmatively any question before the Council.

Did I not put questions before this self proclaimed council and did our very city attorney even go so far as giving a special presentation on this question?

Yet no vote has been cast and recorded as required by our very own charter.

Now I know how hard it must be for you to vote to grant the people the right to vote for their government. That act may very well cost two of you the power you were rewarded with through means of fraud upon the voters and rewarded for supporting the unlawful coup that made it possible after all.

I am also sure you know by now that it is going to be hard for those who run for re-election to be blessed with another term with the public opinion of you in the eyes of the voters as it is right now because it is not looking to good for you.

On the other hand I can see how difficult it would be for you to cast a vote which steals the liberty of the people by taking their right to vote for their own government and to have the thief be an act of yours.

After all that would prove you are anti-American and it would be shown that you did not believe in the constitution and the principals of liberty our nation was founded on, further proving that you would go so far as to rape the people of this liberty that was earned through blood of our forfathers.

Now it may be too late for you to cast a vote on other questions I put before this oligarchy of yours which I will act upon myself very soon.

But never let it be known that I did not give you a choice here.

As a matter of fact I am giving you 2 choices here just to see your true colors.

One is you can vote on the question; can Mark Storm and Brad Lorang serve beyond the general election?

(In laymen terms fulfill your legally bound duty under our charter to decide by vote every issue that comes before the council and that includes this council of oligarchs as it turned out to be)

Or option two just keep on violating the charter and not vote on the questions which go before this oligarchy of yours so you can take the right of the people to vote for their own government. Then you can once again fraud the people and get you office of power this time the coward’s way.

Now I know this will be hard as our very attorney made it clear that our charter is all messed up when she said that she could put ten attorneys in a room and ask for an opinion on this very charter provision and she would get ten different opinions.

Now if it were me I would scrap that charter provision and vote to protect the right of the people to vote for their government.

Then I would call for a committee to look at this and have the people bring forth a measure through initiative petition to clarify this section of our charter. It is broke and needs to be repaired and that’s how you fix it.

The choice is yours?

But truthfully there is only one answer as I see it.

VOTE ON THE QUESTION I PUT BEFORE YOU.

OR LIVE WITH THE CONTROVERSY YOU HAVE CREATED TO GET WORSE.

Have a good day.

Cody

SO WHAT FORM OF GOVERNMENT ARE WE BEING RULED BY?

Let’s look at our City Charter.

CHAPTER III

FORM OF GOVERNMENT

Section 8. COUNCILORS. The councilors in office or elected at the time this charter becomes effective shall continue in office until the end of their term. At each biennial general election thereafter, three shall be elected, each for a four year term.

The key word here is elected.

Now let’s look at what happens when a vacancy occurs as happened when the former council members were recalled.

CHAPTER VII

VACANCIES IN OFFICE

Section 30. FILLING OF VACANCIES. Council vacancies shall be filled by a majority of the remaining members of the Council. The appointee’s term of office shall begin immediately and shall continue until the next general election and the term for that position shall be the unexpired portion of the remaining term.

Well let’s take the word “majority” and see what those who drafted this charter meant.

Cascade Locks, City Charter, CHAPTER IV, COUNCIL, Section 19 states;

‘VOTE REQUIRED. Except as this charter provides otherwise, express concurrence of a majority (four members) of the Council is necessary to decide affirmatively any question before the Council.

Oh so four members of the council are required to constitute a “majority”.

And it also appears that it requires these four members to decide affirmatively any question before the council.

So were these appointments to council legal to begin with.

Oh hell no, they were not legally acceptable even under our very City Charter!!!

Another key statement there was concerning filling vacancies was; “The appointee’s term of office shall begin immediately and shall continue until the next general election”.

Until the next general election! No more and no less and it does not get any clearer than that.

Now at the general election we the people vote for who we want to serve as a councilor to our city.

At that election the person we the people vote into office is elected to serve out the remaining term left by the vacancy.

That is called America for those in this government that do not understand what that means.

Now let’s look at our charter concerning elections.

CHAPTER VI, ELECTIONS, Section 24 states;

CONDUCT OF ELECTIONS. The election laws of the State of Oregon shall apply to elections held under this Charter except as this charter or an ordinance of the City prescribes otherwise.

So we are to follow the laws of the state concerning elections.

ARTICLE II, SUFFRAGE AND ELECTIONS Section 1, of our State Constitution states;

Elections free. All elections shall be free and equal.

So answer me this. Is what this Council doing equal to all or just a group of people?

ARTICLE II, SUFFRAGE AND ELECTIONS, Section 2, states;

Qualifications of electors. (1) Every citizen of the United States is entitled to vote in all elections not otherwise provided for by this Constitution if such citizen:

(a) Is 18 years of age or older;

(b) Has resided in this state during the six months immediately preceding the election, except that provision may be made by law to permit a person who has resided in this state less than 30 days immediately preceding the election, but who is otherwise qualified under this subsection, to vote in the election for candidates for nomination or election for President or Vice President of the United States or elector of President and Vice President of the United States; and

(c) Is registered not less than 20 calendar days immediately preceding any election in the manner provided by law.

(2) Provision may be made by law to require that persons who vote upon questions of levying special taxes or issuing public bonds shall be taxpayers.

The key statement of all of this is “Every citizen of the United States is entitled to vote in all elections not otherwise provided for by this Constitution”

Entitled is the key word. It means;

1. Grant somebody right: to give somebody the right to have or to do something (often passive)

2. Give title to something: to assign a title to something such as a book (usually passive)

3. Award somebody honor: to confer an official position or honor on somebody that brings a particular title with it.

ARTICLE II, SUFFRAGE AND ELECTIONS, Section 8, states;

Regulation of elections. The Legislative Assembly shall enact laws to support the privilege of free suffrage, prescribing the manner of regulating, and conducting elections, and prohibiting under adequate penalties, all undue influence therein, from power, bribery, tumult, and other improper conduct.

Do you see the “tumult” this council has created from their undue and unlawful power siege as well as all the improper conduct we have seen before and since the recall?

Now let’s look at the state laws legislated in accordance to our state constitution.

ORS 254.016 Elections conducted under this chapter. Any primary election, general election or special election held in this state shall be conducted under the provisions of this chapter, unless specifically provided otherwise in the statute laws of this state.

Well this as well as our very city charter provision referred to above shows that concerning elections that we follow the laws of the state unless we have a charter provision which specifically provides otherwise.

So what does our City Charter specifically provide otherwise?

It states a quorum of four is required to appoint a council and if there is a quorum that appointments are only to serve until a special election, by a vote of the people decides they are to remain on the council.

So let’s look at the law concerning the power under our City Charter again for the existing council after the recall election to appoint this hand chosen government.

To do this we must determine if the remaining 3 council member’s after the recall election had the power to appoint this hand chosen council.

So once again to answer this question I went to our very own charter and prove once again that these appointments violated our very city charter and stripped us of our liberties.

Once again, Cascade Locks, City Charter, CHAPTER IV, COUNCIL, Section 14, states;

QUORUM. A majority of the Council shall constitute a quorum for its business, but a smaller number may meet and compel the attendance of absent members in a manner provided by ordinance.

Cascade Locks, City Charter, CHAPTER IV, COUNCIL, Section 19 states;

‘VOTE REQUIRED. Except as this charter provides otherwise, express concurrence of a majority (four members) of the Council is necessary to decide affirmatively any question before the Council.

Section 30 again of our City Charter and it states;

“FILLING OF VACANCIES. Council vacancies shall be filled by a majority of the remaining members of the Council. The appointee’s term of office shall begin immediately and shall continue until the next general election and the term for that position shall be the unexpired portion of the remaining term.

But without a legal quorum under our very charter there was not the power for those remaining council member's to appoint even Mickey Mouse.

Because a majority was defined in Chapter IV, Section 19 of our City Charter.

That requirement was that a legal quorum required there be “(four members) of the Council is necessary to decide affirmatively any question before the Council”

Now I did take this issue to our city attorney and this was my answer.

“Your concern about the quorum is a good one.  However, the Charter specifically provides that the remaining members can make the appointments to fill the vacancies, regardless of the number of remaining members.  This is a common provision in most city charters in Oregon and is intended to provide for a swift return to a functioning Council.”

To this reply I say bull shit.

No actually I replied to her if she served taxation without representation with that opinion?

She never answered me back and I wonder why?

Because only a judge at that point could determine the intent of the law!!!

To her opinion I say directly from our charter a majority is a quorum and a quorum is 4 not 3.

“(four members) of the Council is necessary to decide affirmatively any question before the Council.

“Council vacancies shall be filled by a majority of the remaining members of the Council.”

Our Charter made that clear as well as the use of the word majority in the very charter provision which granted our City Council the power to fill vacancies of the council by appointment.

This is an illegal council under our very charter as well as state law.

And now you all know that this council is an illegal council under the law. Even our very City Charter has been blatantly violated along with you and I!!!

We are a republican form of government and that is protected by the fourth amendment of our U.S. Constitution.”

We the people vote for our ELECTED OFFICIALS!!!

Government in America does not appoint the government in America.

Blood was spilled to guarantee us that right.

What the city should have done is refer to and follow State law just like I told them.

ORS 221.160 Special elections to fill council vacancies; appointment of council members when all positions vacant. (1) Whenever because of death, resignation or other cause the number of the members of the governing body of any city is insufficient to constitute a quorum for the transaction of the business thereof, and the charter of such city does not otherwise provide, the mayor, or if there is no mayor, a majority of the remaining members of the governing body, may call a special election for the purpose of electing a sufficient number of persons to fill all the vacancies then existing in the governing body. For the purposes of such election the mayor, or if there is no mayor, a majority of the remaining members of the governing body, may appoint persons to act for all offices necessary to the holding of such election where such offices may be vacant. The appointments shall continue until a successor is selected as provided for by the charter or law governing such city.

(2) If all positions in the governing body of a city become vacant and if the charter of the city does not provide otherwise, the governing body of the county in which the city maintains its seat of government immediately shall appoint the number of persons sufficient to constitute a quorum for the transaction of city business. The persons appointed by the governing body of the county shall appoint a sufficient number of persons to fill any remaining vacancies existing in the governing body of the city. All persons appointed under this subsection shall serve until successors are elected and qualified to serve.

The County should have appointed this council and a special election should have been called so we the people could vote for our government and uphold the republican form of government our U.S. Constitution guaranteed us.

And it would have restored our government just as fast as these fools did and maybe even faster?

But this council and those pushing for them have an agenda. 

An agenda based on power. 

The power to rule you and I and they are none too shy to resort to corruption of the rule of law as they have done already, to get what they want.

Not in any way do they care about what you or I as a citizen or voter of this nation wants. 

Their only concern is in themselves and the power they hold to get what they want regardless of who's rights they shit on.

But it is too late for that now as that special election has passed and in that special election passing our liberties have been downright stolen by this council.

Now are we a Communist, Socialist, Nazism or Fascism form of government?

No we are not! We are a republican form of government and being a republican form of government we have the right to elect our government.

These rights are what our liberty is all about!

These rights keep us from enslavement by our government as this government has enslaved us to their wants and not the wants of the whole of the people.

Voting is liberty which blood was spilled to grant us this right.

When our liberty is taken from us as it has been, we are enslaved and all the blood for the fight for these liberties we hold true, mean nothing to these people or anyone who supports what is happening.

Now this question was brought before the council on March 12, 2012, reports and presentations, City Attorney Sosnkowski Report on Filling Vacancies.

Yet no legally binding decision was made by a vote legally required by this council to decide this issue.

I refer you again to CHAPTER IV, COUNCIL, Section 19 of our city charter which states;

VOTE REQUIRED. Except as this charter provides otherwise, express concurrence of a majority (four members) of the Council is necessary to decide affirmatively any question before the Council.

"Any question before the council".

Yet time and time again this council will not answer our questions by way of the legally required vote.

Well this question went before the council.

So where was the vote?

It did not occur.

What we have is Randy Holmstrom and Gail Lewis saying that Brad Lorang and Mark Storm should run for election and I respect them for that even though I cannot give them the respect of being a council member as they were appointed unlawfully. And it along with my disrespect to them being appointed is nothing personal!!!

But we have Brad Lorang and Lance Masters pushing them to rob us of our liberty and right to vote.

Now I take that personal.

I take that personal as these so called men of law have no respect for the rule of law and time and time again take it upon themselves to decide what they want all the time and to hell with the rest of us.

All the while the rest of this council sits with their thumbs up their asses and no vote is cast on the issue brought forth to this so called council.

In violation of our very own charter may I remind you.

But the fact is a few do not want to vote on this issue as they are afraid.

They are afraid that if a vote is cast that they take a very good chance of losing in an election.

They know that come November the majority of this takeover government will have to run for office and odds place them at a lose right now.

They are afraid that if they lose what power they have that they will not get what they want.

So there are some on this council who do not want we the people to decide who will be representatives for us but why?

They do not care what we want.

As they have already proved to one and all by their actions, they only want to strip of us are liberty and enslave us with their government, by not allowing us to vote the government of our choosing into office.

But I say they do not have the balls to put their name on the ballot!

Which to me means, they do not have enough faith in themselves, or their past actions to run for the office, they want to hold.

They do not have faith enough in themselves, to be elected by a vote of the people so they want to steal your liberties by way of stealing your vote as they have done already and they do with every utility bill we receive.

In my book that makes them COWARDS and in no way can we as a people allow COWARDS to rule our city as they are today.

Now will this blog subject make them follow our very charter and bring this issue to a vote of the council as a whole?

After all this will show who is for stealing our liberty and right to vote for our government as well as who is for the people voting for their own government.

Or will Lance and Brad continue to say they can take the right of the people to vote for it’s own government and enslave with their's while Storm has his thumb up his ass going along for the ride staying silent?

Only time will tell now that I have stuck a stick up all their asses with this.

But in reality after seeing this council attempt to enslave me you can bet there will be an initiative petition to recall those 2 holding power not on the ballot in November.

So now you may just understand why.

To be continued.

Cody