Public Notice: Sherman County School District Special Meeting, July 17
Sherman County/Moro Hazardous Waste Collection Event Results
Editorial. Public Records & Apologies to our District Attorneys
7 steps to avoid starting a wildfire during your #Eclipse2017 travels
Links: Things to Think About & Things to Do
1. Public Notice: Sherman County School District Special Meeting, July 17
The Sherman County School District Board of Directors will hold a Special Board Meeting on Monday, July 17, 2017 at 7:00 p.m. to conduct a closed Executive Session pursuant ORS 192.660 (2)(f) to consider records exempt by law from public inspection. The meeting will be held in the Sherman County School/Public Library.
2. Sherman County/Moro Hazardous Waste Collection Event Results
Sherman County residents took advantage the opportunity to clean up and properly dispose of 11,595 pounds of leftover, unwanted hazardous materials at the free collection event held on Friday, May 5th at the Sherman County Road Department Shop in Moro. Of that 11,595 pound of materials collected, over 1,000 pounds were AG chemicals. The pounds from this year’s event bring the total collected since 2006 in Sherman County to 72,740 pounds of materials, with a total disposal cost of $57,660. That comes to $ .79 per pound for all materials.
*New this Year- We also collected unwanted cell phones, medicines and electronics. Of the 1,617 pounds of “e-waste” brought in, approximately 572 lbs. were computer-related. 1,045 pounds were TV’s.
**New this Year- We added a second hazardous waste event each year for the County. Next event is in City of Wasco on Friday November 3rd (10am-2pm).
Tri-County Hazardous Waste & Recycling Program sponsors these annual events in Sherman County to give farmers, households and small businesses the opportunity to properly dispose of leftover, unwanted chemicals such as pesticides, paints, solvents, fluorescent bulbs and batteries. In addition to these events held in rural communities, the Tri-County Program holds quarterly hazardous waste collections at its permanent facilities at Hood River Garbage Service and The Dalles Disposal. Special events for AG producers only are held in Hood River & The Dalles each November.
Upcoming collections for households and businesses:
Friday, August 18 Hood River Garbage Service, 3440 Guignard Drive, 9am-2pm
Saturday, August 19 The Dalles Disposal Service, 1317 W First St, 9am-2pm
Saturday, Sept. 9 Odell, Mid-Valley Market, 10am-2pm
For more information, call 541-506-2636 or visit http://www.tricountyrecycle.com
3. Editorial. Public Records & Apologies to our District Attorneys
Our appeal to Sherman, Wheeler and Gilliam county district attorneys for assistance regarding Frontier TeleNet public records, is misguided. We apologize. Sherman County District Attorney Wade McLeod kindly explained and provided the statute.
Had it not been for the Oregon Citizen’s Guide to Public Records and Meetings, which states,“ A denial by a local government such as a county, city, school district or special district must be appealed to the county district attorney…,” an appeal to the district attorneys would not have been made.
Oregon Revised Statute 192.480 Procedure to review denial by elected official of right to inspect public records. In any case in which a person is denied the right to inspect or to receive a copy of a public record in the custody of an elected official, or in the custody of any other person but as to which an elected official claims the right to withhold disclosure, no petition to require disclosure may be filed with the Attorney General or district attorney, or if a petition is filed it shall not be considered by the Attorney General or district attorney after a claim of right to withhold disclosure by an elected official. In such case a person denied the right to inspect or to receive a copy of a public record may institute proceedings for injunctive or declaratory relief in the appropriate circuit court, as specified in ORS 192.450 (Petition to review denial of right to inspect state public record) or 192.460 (Procedure to review denial of right to inspect other public records), and the Attorney General or district attorney may upon request serve or decline to serve, in the discretion of the Attorney General or district attorney, as counsel in such suit for an elected official for which the Attorney General or district attorney ordinarily serves as counsel. Nothing in this section shall preclude an elected official from requesting advice from the Attorney General or a district attorney as to whether a public record should be disclosed. [1973 c.794 §8]
If Frontier TeleNet had responded to our records request eight months ago as described in ORS 192.440, we would have the records or would know why they could not be disclosed.
Oregon Revised Statute 192.440
(1) The custodian of any public record that a person has a right to inspect shall give the person, upon request:
(a) A copy of the public record if the public record is of a nature permitting copying; or
(b) A reasonable opportunity to inspect or copy the public record.
(2) If a person makes a written request to inspect a public record or to receive a copy of a public record, the public body receiving the request shall respond as soon as practicable and without unreasonable delay. The public body may request additional information or clarification from the requester for the purpose of expediting the public body’s response to the request. The response of the public body must acknowledge receipt of the request and must include one of the following:
(a) A statement that the public body does not possess, or is not the custodian of, the public record.
(b) Copies of all requested public records for which the public body does not claim an exemption from disclosure under ORS 192.410 to 192.505.
(c) A statement that the public body is the custodian of at least some of the requested public records, an estimate of the time the public body requires before the public records may be inspected or copies of the records will be provided and an estimate of the fees that the requester must pay under subsection (4) of this section as a condition of receiving the public records.
(d) A statement that the public body is the custodian of at least some of the requested public records and that an estimate of the time and fees for disclosure of the public records will be provided by the public body within a reasonable time.
(e) A statement that the public body is uncertain whether the public body possesses the public record and that the public body will search for the record and make an appropriate response as soon as practicable.
(f) A statement that state or federal law prohibits the public body from acknowledging whether the record exists or that acknowledging whether the record exists would result in the loss of federal benefits or other sanction. A statement under this paragraph must include a citation to the state or federal law relied upon by the public body.
(3) If the public record is maintained in a machine readable or electronic form, the custodian shall provide a copy of the public record in the form requested, if available. If the public record is not available in the form requested, the custodian shall make the public record available in the form in which the custodian maintains the public record.
(4)(a) The public body may establish fees reasonably calculated to reimburse the public body for the public body’s actual cost of making public records available, including costs for summarizing, compiling or tailoring the public records, either in organization or media, to meet the person’s request.
(b) The public body may include in a fee established under paragraph (a) of this subsection the cost of time spent by an attorney for the public body in reviewing the public records, redacting material from the public records or segregating the public records into exempt and nonexempt records. The public body may not include in a fee established under paragraph (a) of this subsection the cost of time spent by an attorney for the public body in determining the application of the provisions of ORS 192.410 to 192.505.
(c) The public body may not establish a fee greater than $25 under this section unless the public body first provides the requestor with a written notification of the estimated amount of the fee and the requestor confirms that the requestor wants the public body to proceed with making the public record available.
(d) Notwithstanding paragraphs (a) to (c) of this subsection, when the public records are those filed with the Secretary of State under ORS chapter 79 or ORS 80.100 to 80.130, the fees for furnishing copies, summaries or compilations of the public records are those established by the Secretary of State by rule, under ORS chapter 79 or ORS 80.100 to 80.130.
(5) The custodian of any public record may furnish copies without charge or at a substantially reduced fee if the custodian determines that the waiver or reduction of fees is in the public interest because making the record available primarily benefits the general public.
(6) A person who believes that there has been an unreasonable denial of a fee waiver or fee reduction may petition the Attorney General or the district attorney in the same manner as a person petitions when inspection of a public record is denied under ORS 192.410 to 192.505. The Attorney General, the district attorney and the court have the same authority in instances when a fee waiver or reduction is denied as it has when inspection of a public record is denied.
(7) A public body shall make available to the public a written procedure for making public record requests that includes:
(a) The name of one or more persons to whom public record requests may be sent, with addresses; and
(b) The amounts of and the manner of calculating fees that the public body charges for responding to requests for public records.
(8) This section does not apply to signatures of individuals submitted under ORS chapter 247 for purposes of registering to vote as provided in ORS 247.973. [1973 c.794 §5; 1979 c.548 §4; 1989 c.111 §12; 1989 c.377 §2; 1989 c.546 §2; 1999 c.824 §5; 2001 c.445 §168; 2005 c.272 §1; 2007 c.467 §1]
4. 7 steps to avoid starting a wildfire during your #Eclipse2017 travels
Arrive early, stay put, leave late; don’t let your vehicle start a wildfire.
The August 21 Solar Eclipse is certain to be memorable. With this worldwide event heading to Oregon during the peak of fire season, ODOT and the Oregon Department of Forestry want to make sure YOUR memories don’t include starting a wildfire.
In the days surrounding the event, an estimated one million eclipse enthusiasts from all over the world are expected to travel within Oregon’s path of totality. And with 70% of wildfires caused by people, the odds are not in our favor.
Luckily, you can do your part to better the odds and prevent wildfires by taking a few precautions:
- Secure your tow chains. Make sure all vehicle parts are secure and not dragging. A loose safety tow chain or muffler striking a rock or pavement can send a shower of sparks into dry vegetation.
- Check your tires and make sure they receive regular maintenance. Once a flat tire shreds, the bare wheel can shower sparks on roadside vegetation.
- Maintain your exhaust system. A worn-out catalytic converter can cast off extremely hot pieces of material into dry roadside vegetation.
- Check underneath your car. Make sure it’s free of oil leaks and that fuel and brake lines are intact.
- Stay off the grass. Avoid parking or idling on dry grass. Vehicle exhaust and dry vegetation is a dangerous combination.
- Stay on the road. Off-road driving is prohibited in most areas during fire season.
- Be prepared. Keep a cell phone, water, a shovel and fire extinguisher with you in case a fire starts.
Of course, always follow recreational forest laws (www.oregon.gov/ODF/Fire/Pages/Restrictions.aspx). Report fires immediately to 911. Use TripCheck.com or call 511 to check your planned route. For more eclipse travel tips and links, visit www.oregon.gov/ODOT/Pages/Eclipse.aspx.
5. Links: Things to Think About & Things to Do