School Board Recognition Month, January 2017
The New OSU – Cascades Campus & U of O Science Campus
Letter to the Editor: Global Energy
Cascade Singers’ Concert, “Blessings on Earth,” Jan. 14-15
Oregon Public Records and Meetings Manual: e-mail
Links: Things to Think About & Things to Do
“States, like individuals, who observe their engagements, are respected and trusted: while the reverse is the fate of those who pursue an opposite conduct.” —Alexander Hamilton (1790)
1.School Board Recognition Month, January 2017
2. The New OSU – Cascades Campus & U of O Science Campus
Oregon State University’s new Cascades Campus debuted in Bend in September. The 10-acre campus features Tykeson Hall, an academic building, as well as a still-under-construction residence hall and dining hall. The university has also purchased an adjacent 46 acres that can be used for a future expansion… … … Scientific dreams will soon become reality at University of Oregon with a $500 million gift from Phil and Penny Knight. The Knight Campus for Accelerating Scientific Impact, announced in October, is expected to cost more than $1 billion, upon completion have a full-time research staff of 300, support 750 jobs and include three 70,000-square-foot buildings, research centers, labs and prototyping tools. ~ See the rest here: https://www.1859oregonmagazine.com/whats-going-up/university-expansions
3. Letter to the Editor: Global Energy
“When plunder becomes a way of life for a group of men in a society, over the course of time they create for themselves a legal system that authorizes it and a moral code that glorifies it,” as Frederic Bastiat explained in 1848.
As I see it, this describes what has happened in our society over the past few decades. Our financial system has become increasingly predatory and unaccountable and unethical at the same time our government has allowed this to happen through corruptive influences from those very same entities that are preying on the society in general. No one was held accountable for the financial crisis that many are still suffering from, but those in charge were rewarded with bonuses, and held up to society as great financial wizards. Greed is good and ethics are old fashioned!
The large financial institutions, the military industrial complex, and all of the corporations, including the corporate media that support one another all fall under that group of men in a society that Frederic Bastiat speaks of in his 1848 quote.
However, most of the troubles and tribulations caused to the global society by the above mentioned entities, will pale in comparison to the upcoming awareness of our impending energy crises. The US is especially vulnerable due to the fact that we import 50% of the oil that we use on an annual basis. We use 25% of the globes oil production and have 3% of the worlds oil reserves. We have reached the point that we are discovering less oil than we are using every year and that has been going on for awhile. On the average it takes 10 calories of fossil fuel to produce i calorie of food. The more immediate crisis we have to deal with is liquid fuels short fall in the near future.
Our green energy technology and electric cars are not going to mitigate this situation to a satisfactory degree. There has been a concerted effort to keep this dilemma from public knowledge or general awareness. If the general public was informed about the fragility of our energy infrastructure and supply there would likely be major panic and resulting financial and social collapse. We are in the middle of resource wars that are causing major social disruption and will be into the foreseeable future, until it is obvious to everyone how desperate we really are to keep the oil flowing.
Our population overshoot and our fossil fuel dependency will make the transition to a post carbon society an extremely uncomfortable one, to express it mildly.
The meaning of horse power will revert back to a more historic meaning, one that was used before internal combustion engines had been discovered.
I’m sure that these comments will precipitate a variety of thoughts and comments and reactions, as they challenge the traditional thought and narrative.
4. Cascade Singers’ Concert, “Blessings on Earth,” Jan. 14-15
Cascade Singers’ concert postponed last month because of weather is rescheduled for Jan. 14 and 15 at Zion Lutheran Church, 10th and Union Streets, in The Dalles. “Blessings on Earth” is the theme for seasonal music focusing on blessings received and blessings to come. Guest soloist James Greeley from Warm Springs will play the native flute and Edmund and Lorena Bull from Vancouver, WA will offer Canadian and Native American roots music. The community choir and Cascade Youth Choir will present Native American, world music, and songs of the season. Concerts are scheduled Saturday, Jan. 14 at 7 p.m. and Sunday, Jan. 15 at 3 p.m. Donations gladly accepted at the door.
5. Oregon Public Records and Meetings Manual: e-mail
EXCERPTS: Oregon Revised Statutes (ORS)
192.502 …. a balancing of privacy rights, governmental interests, and other confidentiality policies, on the one hand, and the public interest in disclosure on the other. In cases requiring a balancing of interests, the identity of the requester and the use to be made of the record may be relevant in determining the weight of the public interest in disclosure.
WHO IS SUBJECT TO THE PUBLIC RECORDS LAW?
ORS 192.420 broadly extends the coverage of the Public Records Law to any public body in this state. For purposes of the records law, ORS 192.410(3) defines the term “public body” as including: every state officer, agency, department, division, bureau, board and commission; every county and city governing body, school district, special district, municipal corporation, and any board, department, commission, council, or agency thereof; and any other public agency of this state.
ORS 192.410(5) defines the term “state agency” to mean: any state officer, department, board, commission or court created by the Constitution or statutes of this state but does not include the Legislative Assembly or its members, committees, officers or employees insofar as they are exempt under section 9, Article IV of the Oregon Constitution. Thus, all state and local government instrumentalities are subject to the Public Records Law, including “public corporations” such as the Oregon
State Bar, the SAIF Corporation, and the Oregon Health and Science University.
On its face, the Public Records Law does not apply to private entities such as nonprofit corporations and cooperatives. However, in a 1994 case, the Oregon Supreme Court held that if the ostensibly private entity is the “functional equivalent” of a public body, the Public Records Law applies to it. The court stated that the following factors, although not exclusive, are relevant in determining whether a private entity is the functional equivalent of a public body:
— the entity’s origin (was it created by government or was it created independently?);
— the nature of the function(s) assigned and performed by the entity (are these functions traditionally performed by government or are they commonly performed by a private entity?);
— the scope of the authority granted to and exercised by the entity (does it have the authority to make binding decisions or only to make recommendations to a public body?);
— the nature and level of any governmental financial and nonfinancial support;
— the scope of governmental control over the entity;
— the status of the entity’s officers and employees (are they public employees?).
WHAT RECORDS ARE COVERED BY THE LAW?
The definition of “public record” in ORS 192.410(4) and the policy statement in ORS 192.420 make it clear that the records law applies broadly. 16 ORS 192.410(4)(a) defines a “public record” as including: any writing that contains information relating to the conduct of the public’s business, including but not limited to court records, mortgages, and deed records, prepared, owned, used or retained by a public body regardless of physical form or characteristics.
Public records include any “writing” containing information relating to the conduct of the public’s business. ORS 192.410(4). The term “writing” is defined expansively by ORS 192.410(6) to mean: handwriting, typewriting, printing, photographing and every means of recording, including letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, files, facsimiles or electronic recordings.
This definition includes information stored on virtually any medium.
ORS 192.440(2) expressly recognizes that public records may be in “machine readable or electronic form.” Telephone messages left on a voicemail system are writings under ORS 192.410(6), and therefore subject to inspection to the extent that they exist. However, public bodies are not required to retain their telephone messages.
Public bodies frequently communicate via electronic mail (e-mail). E-mail is a public record. Even after individual e-mail messages are “deleted” from an individual’s computer work area, the messages may continue to exist on computer back-up tapes for at least a short period of time. E-mails on back-up tapes remain public records. As with any public record, a public body must make all nonexempt e-mail available for inspection and copying regardless of its storage location.
The Public Records Law does not require public bodies to create new public records. Nor does it require public bodies to disclose the “reasoning” behind their actions, or other “knowledge” their staff might have. And it does not require public bodies to explain or to answer questions about their records, analyze their records, or perform legal research or opinions.
The distinction between disclosing an existing record and creating a record is especially important in relation to computer-stored data. Public bodies at every level of government use computers extensively. Computer data and printouts generated for use by the public body are public records. But, a public body is not required to create new information using its computer programs nor to create a new program to extract data in a manner requested by the public.
Public bodies at every level of government use computers and electronic storage mechanisms extensively. The public’s access to this information depends on its retrieval by public bodies through the use of computer software or programs developed or acquired by the public bodies at public expense. On the other hand, if a request merely requires a public body to use its existing software in order to retrieve existing information, we believe that the Public Records Law requires those efforts to retrieve and make available nonexempt computer or electronically stored data and information, when requested, through the computer software or programs in use by the public body. See ORS 192.440(2)… if the public body has computer programs that it uses to retrieve data for its own purposes, it must use those same programs to retrieve data requested under the Public Records Law. The same is true for information stored by any other electronic means.
… However, a document prepared by a private entity does not become a public record merely because a public official reviews the document in the course of official business so long as the official neither uses nor retains the document. And not all documents in the possession of a public officer or agency employee necessarily constitute public records.
6. Links: Things to Think About & Things to Do
The Geopolitics of Christmas https://www.stratfor.com/weekly/geopolitics-christmas
Watch 118 Bird Species Migrate Across The Americas http://brilliantmaps.com/bird-migration/
1859 Oregon’s magazine https://www.1859oregonmagazine.com/travel/around-oregon/around-oregon-january-2017
Wheeler County News http://wheelercountynews.com/index73.htm
Tyrus Wong, ‘Bambi’ Artist Thwarted by Racial Bias, Dies at 106 http://www.nytimes.com/2016/12/30/movies/tyrus-wong-dies-bambi-disney.html?smid=fb-share
Quinoa researchers to tackle economics, drought http://www.capitalpress.com/Research/20161230/quinoa-researchers-to-tackle-economics-drought
Commentary: Emboldened out West by a new attitude http://www.westernfarmerstockman.com/regulatory/emboldened-out-west-new-attitude
“Knowledge will forever govern ignorance. And a people who mean to be their own governors, must arm themselves with the power knowledge gives. A popular government without popular information or the means of acquiring it, is but a prologue to a farce or a tragedy, or perhaps both.” James Madison (1822)
Why Diplomats Are Agog at Trump’s Ambassador to Israel http://www.wsj.com/articles/why-diplomats-are-agog-at-trumps-ambassador-to-israel-1482192085
Congressman Walden Welcomes Big New Job http://www.mycolumbiabasin.com/2016/12/30/walden-wlecomes-big-new-job/
Sen Hansell: Wildlife nuisance bill will go forward http://www.wallowa.com/letters/20161227/sen-hansell-wildlife-nuisance-bill-will-go-forward
Trump Transition Team – Great Again https://greatagain.gov/
Presidential Transitions Improvements Act of 2015 https://www.congress.gov/bill/114th-congress/senate-bill/1172
Commentary. Charles Krauthammer: Obama’s Final, Most Shameful, Legacy Moment (Israel) https://patriotpost.us/opinion/46663
Baby eagle emerges from its shell as watch continues for its sibling http://www.tri-cityherald.com/news/nation-world/national/article123960959.html#fmp
In Navajo Nation, a Basketball Elder Earns Respect http://www.nytimes.com/2017/01/01/sports/basketball/navajo-nation-raul-mendoza-arizona.html?emc=edit_th_20170102&nl=todaysheadlines&nlid=35377422&_r=0
Middle East & ISIS: John Kerry, Syria Audio http://www.nytimes.com/interactive/2016/09/30/world/middleeast/john-kerry-syria-audio.html?_r=1
In Our View: It’s Time to Free the Hammonds (Malheur County) http://www.eastoregonian.com/eo/editorials/20170102/our-view-its-time-to-free-the-hammonds
The Last Refuge, Ragtag Bunch of Conservative Misfits https://theconservativetreehouse.com/
Fed Waste Bemoaned For $412K Study ‘How to Make Glaciers Feminist’ http://www.newsmax.com/Newsfront/Federal-Waste-Academia-Glaciers/2017/01/02/id/766412/