2010 OBPC Platform and Resolutions April 16-18, 2010

2010 OBPC Platform & Resolutions

April 16-18, 2010

On April 16-18, 2010, the Oregon Black Political Convention (OBPC) met at the Crowne Plaza Portland Convention Center, 1441 NE 2nd Avenue, Portland, OR 97232, and the delegates to this Convention adopted the 2010 Oregon Black Political Convention Platform and Resolutions. Below are the planks and resolutions that were adopted.


I. Political Action

II. Black Youth

III. Civil And Human Rights

IV. Community Development

V. Portland Police & Portland Black Community

VI. Education

VII Access To Legal Representation

VIII. Economic & Business Development

IX. Health Care

X. Black Unemployment

XI. Local, State, Federal And World Affairs


I. POLITICAL ACTION

The Oregon Black Political Convention recognizes that all the political parties must work with President Obama to achieve the collective interests of the United States. Also, the Oregon Black Political Convention recognizes that there are Black Republicans and Black Independents as well as Black Democrats in Oregon and Black Americans participating in other minor political parties in Oregon. The Oregon Black Political Convention recognizes that Black America must be prepared to work with all levels of the political spectrum to achieve the collective interests of Black America. It is the position of the Oregon Black Political Convention that all publicly elected and appointed officials represent the interests of Black America, regardless of the official's race, gender, sexual orientation, religious affiliation, or geographical location. It is the position of the Oregon Black Political Convention that Black America must assert how it wants to be represented and whether the quality of this representation is being achieved. THEREFORE:

1. The Oregon Black Political Convention encourages Black Oregonians to seek elected and appointed public offices.

2. The Oregon Black Political Convention urges Black Americans to use their Black Political Action to make institutional transformations within Oregon as well as in the United States of America

3. The Oregon Black Political Convention urges Black Americans to use their Black Political Action to remove barriers, bias, discrimination and ineffective and/or disparate legal representation within Oregon as well as in the United States of America.

4. The Oregon Black Political Convention urges Black Americans to demand that elected officials regardless of their political affiliation (Democratic Party, Republican Party or other parties) honor their oaths of office and work to make lives better for all citizens of this Nation.

II BLACK YOUTH

The Oregon Black Political Convention acknowledges that the future of the Black Community depends on protecting and preparing our children to actively engage in the Black community and the community-at-large. Further, OBPC recognizes that the strength of the relationship between parent and child is the most vital and basic component for building the social, emotional and behavioral health of Black children and this relationship provides for success in school and beyond. The Black Community must not allow the health and growth of Black youth to be threatened by inadequate systems of education, Black on Black violence, institutional racism, low expectations, a discriminatory criminal justice system and lack of access to adequate food, child care, housing, employment and post secondary opportunities. OBPC believes that Black youth must learn as they pursue their goals in life that “Politics is everything and everything is politics.” It is one thing for young Black people to be good in their professions, but if they do not understand the politics of their profession, they will not reach their full potential. THEREFORE:

1. The Oregon Black Political Convention urges the Black Community to provide constructive activities and healthy relationships that will encourage Black youth to develop and achieve success in their Communities and the society.

2. The Oregon Black Political Convention urges Black parents to encourage their children to volunteer with organization like the NAACP, Urban League, African American Chamber of Commerce (AACS), OABA and others so that they can gain some leadership experience.

3. The Oregon Black Political Convention urges parents and guardians of Black children to encourage them to participate in their schools’ student organizations and clubs to gain leadership experiences.

4. The Oregon Black Political Convention encourages Black fraternities, sororities and other faith-based, political and social organizations to become active mentors for Black youth so that all Black youth can gain political skills.

5. The Oregon Black Political Convention urges members of the Black Community to support programs, such as Big Brothers Big Sisters, YMCA, YWCA, and Boys & Girls.

6. The OBPC urges the Black Community and Black institutions (such as Oregon Assembly for Black Affairs (OABA), Oregon Commission for Black Affairs (OCBA), Urban League, religious institutions, and other social and political groups) to monitor the impact of federal funds allocated to state agencies (e.g., school districts) to determine the impact on Black families and Black Youth.

7. The Oregon Black Political Convention strongly recommends that the Governor and state agencies make disaggregated data available to the public so that the Black Community and Black institutions can determine the impact of state policies and the services of state agencies on Black Youth.

8. The Oregon Black Political Convention strongly urges that the Oregon Superintendent of Public Instruction report no less than annually the status of Black pre-K through 12th grade students with regard to attendance, suspension and expulsion rates, graduation/dropout rates, and entrance to post-secondary institutions.

9. The Oregon Black Political Convention asks that the Oregon Legislature monitor and report the impact or results of the Minority Teacher Act, Senate Bill 300 and the requirement for multicultural education in Oregon elementary and secondary schools.

10. The Oregon Black Political Convention urges the Black Community and Black institutions to employ the recommendations in: (a) Children’s Universal Bill of Rights and (b) Children’s Institute report –“ from risk to resilience: Building the Social and Emotional Health of Oregon’s Most Vulnerable Young Children” in support of Black Children and Black Youth living in Oregon.

11. The Oregon Black Political Convention encourages the Black Community and Black institutions to join public school systems in acknowledging and celebrating the success of Black Youth (e.g., 2010 Portland Public Schools celebration of 13 Black youth – Young Gifted and Black).

12. The Oregon Black Political Convention asks the Black Community and parents/guardians of Black Children and Black Youth to ensure that they are placed in an environment where they feel “wanted, welcome, and worthy” of a quality education and where they receive services that meet their individual needs.


III. CIVIL AND HUMAN RIGHTS

The OBPC recognizes Civil and human rights are the foundation of the freedoms, which all people are entitled to enjoy. The OBPC affirms that the Oregon Constitution guarantees fundamental and basic civil rights. The OBPC finds that Black Oregonians and Black Americans’ civil and human rights are being abridged and compromised by the efforts of individuals, groups, organizations, and the government bodies whose interest are in direct and indirect conflict with these rights unless one has access to competent, quality, and unbiased legal representation. THEREFORE be it resolved that:

1. The Oregon Black Political Convention encourages Black Oregonians to complete and return their 2010 US Census forms to U.S. Census Bureau.



2. The Oregon Black Political Convention urges Black Oregonians to educate themselves about how the population’s counts affect the distribution of federal funds which support government programs that enhance the well-being of all citizens in Oregon and the United States.



3. The Oregon Black Political Convention encourages all Black Americans to educate themselves about their rights as citizens, civic affairs, and government duties and responsibilities in the protection of these civil and human rights.



4. The OBPC encourages civic and community organizations engaged in the work of educating Black citizens, (in particular Black youth), to also educate them about their legal rights and responsibilities.



5. The OBPC encourages Black Oregonians to empower themselves to hold accountable the legal professions in its responsibility to provide quality, effective, and unbiased legal representation for Black citizens.



IV. COMMUNITY DEVELOPMENT

The Oregon Black Political Convention (OBPC) believes that community development is a process that should be used to heal the United States from its history of slavery and racism. On November 4, 2008, US Senator Barack Hussein Obama was elected President of the United States of America, and on January 20, 2009, he was inaugurated as the 44th President of the United States of America. The Oregon Black Political Convention understands why many people across the United States were quick to say that the USA is now in a “post-racial period” and that there is no longer any racism in the country. OBPC knows that this is not true and that the activities displayed around the United States in the first year of the Obama Administration have proven that the country is not in a Post Racial period. OBPC recognizes that there is a greater need for community development to be used by ALL people in the United States to transform the institutions to serve ALL U.S. citizens. The institutions of Oregon and the United States need to be transformed to remove bias, discrimination and ineffective and/or disparate legal representation. OBPC believes President Obama, with his experience as a constitutional scholar, civil rights attorney and a community organizer, is a leader who sees all U.S. citizens as one people or one nation, and who is not afraid to articulate his visions for the country and the world. OBPC believes that there will be many opportunities during his administration for institutional transformations that will uplift the lives of ALL people in the United States of America. THEREFORE:

1. The Oregon Black Political Convention asks Americans to recognize that the election of US Senator Barack Hussein Obama as the 44th President of the United States did not move the United States into a “post-racial period”.



2. The Oregon Black Political Convention asks Americans to recognize that the United States still suffers from its history of slavery and racism.



3. The Oregon Black Political Convention encourages members of Oregon’s Black Community to work with other racial or ethnic groups to eliminate the impact of slavery and racism on the United States from its history of slavery and racism.



4. The Oregon Black Political Convention urges Black Americans to use the tool of community development to assist all groups of people to understand how they are affected or how they have benefited from the history of slavery or racism.



5. The Oregon Black Political Convention supports the Oregon Northwest Black Pioneers (ONBP) in its efforts to recognize and commemorate the contributions of pioneering African-Americans in the historical development of Oregon and Washington, and to educate Oregonians about the history of African-Americans in the Northwest.



V. PORTLAND POLICE & PORTLAND BLACK COMMUNITY

The Oregon Black Political Convention (OBPC) recognizes that it is the role of the Portland police to serve and protect ALL people in Portland. The police are to keep order, enforce laws, and protect citizens and their property. Portland police officers take an oath of office to uphold the U.S. Constitution, the Oregon Constitution and the Portland City Charter and Codes; and police officers have a duty and obligation to protect the public, including Black people, from police brutality. The Oregon Black Political Convention believes that it is the district attorney’s responsibility to present all the facts to the grand jury in cases where police officers are accused of using UNECESSARY deadly or near deadly force against members of Portland Black Community. THEREFORE:

1. The Oregon Black Political Convention supports police units that are culturally competent, and are there to serve and protect all people.



2. The Oregon Black Political Convention urges the Oregon Legislature and the Portland City Council to hold police officers to high standards of telling the truth and accurately documenting all incidents involving the use of deadly or near deadly force UNNECESSARY.



3. The Oregon Black Political Convention (OBPC) urges the Portland City Council to require that ALL its police officers involved in a deadly or near deadly force incident to file deadly or near deadly force incident reports immediately (within 24 hours) after such an incident.

4. The Oregon Black Political Convention (OBPC) urges the Portland City Council to pass city legislation that provide accountability and sanctions for violating the city law on the use of deadly or near deadly force.



5. The Oregon Black Political Convention urges the Multnomah County District Attorney to uphold the law and prosecute police officers who violate their oath of office and commit crimes using UNECESSARY deadly or near deadly force against members of Portland Black Community.



6. The Oregon Black Political Convention (OBPC) urges the Oregon Legislative Assembly to pass legislation that requires a special prosecutor to be appointed to prosecute police officers where UNECESSARY deadly or near deadly force has been used in violation of state laws and city codes.



7. The Oregon Black Political Convention (OBPC) supports the Portland City Council ordinance that gives the Independent Police Review (IRP) more oversight control of the investigation of police action, and OBPC urges the Portland City Council to pass ordinances that will provide sanctions for violating city codes and regulations.



8. The Oregon Black Political Convention urges Portland Mayor and the Portland City Council not to abdicate their sworn duty to uphold federal, state and city laws.



9. The Oregon Black Political Convention urges Portland Mayor and the Portland City Council to assure that all police union contracts entered into are in accordance with city, state and federal laws.



10. The Oregon Black Political Convention urges the Portland Mayor and Portland City Council to re-create an ordinance which supports a residency requirement for all new police hires.



11. The Oregon Black Political Convention strongly recommends the Portland Mayor, Portland City Council and Portland Police Bureau ensure that all union contracts are in compliance with federal, state and local laws and do not confer any immunities or privileges in violation of those laws.





VI. EDUCATION

It is the conclusion of the Oregon Black Political Convention that education is key to social change. The Black Community must use education for cultural, intellectual and economic development and growth. The Oregon Black Political Convention supports high quality public education and opposes efforts to deny public education to any child in Oregon or in other states. OBPC strongly recommends that the Black Community focuses attention and energy on events affecting Black students in both public and private schools, and actively assists those students in preparation to learn and becoming productive citizens. OBPC believes that education methodologies (such as the emerging technologies & historical, formal and informal education) are fundamental for the development, enhancement, productivity and intellectual survival of Black people. THEREFORE:

1. The Oregon Black Political Convention calls upon the Oregon Superintendent of Public Instruction and the Oregon Board of Education to vigorously enforce local, state and federal mandate to equal access to educational opportunities.



2. The Oregon Black Political Convention calls upon the PPS Board of Education to recognize that the proposed PPS High School Redesign will cause school closures, increased segregation and gerrymandering, and a lack of equal access to education for Black students and all students. In addition, the redesign will further destabilize the PPS district.



3. The Oregon Black Political Convention strongly urges the Portland Mayor and the Portland City Council to enforce its zoning laws & regulations and to prevent PPS from using the Portland zoning laws and practices to close schools which will result in increased segregation of Portland Public Schools,



4. The Oregon Black Political Convention calls upon the Portland Mayor and Portland City Council to pass a resolution calling for an immediate moratorium on ALL PPS school closures because PPS schools have been closed illegally under federal and state laws, the City School Policy, the zoning codes, and/or under historic legal deeds.



5. The Oregon Black Political Convention supports the January 2008 Resolution presented by the Jefferson High School Parent, Teacher, Student Association (PTSA) to the Portland City Council, PPS School Board, and PPS Superintendent that states: "Portland Public Schools policies have resulted in increased racial and socio-economic segregation in our city's public schools and discriminatory access to educational opportunities for Portland's children and youth, in direct conflict with local, state, and federal education policies as well as the 1954 Supreme Court decision in Brown vs. Board of Education, the 1964 Civil Rights Act, and the Fourteenth Amendment to the U.S. Constitution." The Oregon Black Political Convention urges the Portland City Council, PPS School Board, and PPS Superintendent to act upon and respond to this resolution.



6. The Oregon Black Political Convention urges the Oregon Legislative Assembly to pass legislation that requires the Oregon Department of Education to publish school district information on expulsions, suspensions, truancy, and removal counts of students, along with graduation results so that the public will have easy access to understandable data.



7. The Oregon Black Political Convention urges parents to work with their school districts to ascertain their legal rights to access accurate and comprehensive information with respect to their students performances, academic records, decorum and social behavior.



8. The Oregon Black Political Convention urges the Oregon Legislative Assembly to pass legislation that requires the Oregon Department of Education to establish and enforce legal and appropriate techniques for dealing with student misconduct including but not limited to notifying students and parents/guardians of the misconduct, interviewing students who have been charged with an incident, notifying students of their rights to remain silent, and supplying the accused students with the school evidence.



9. The Oregon Black Political Convention urges the Oregon Legislative Assembly to pass legislation to fund full day kindergartens for students.



VII. ACCESS TO LEGAL REPRESENTATION

The Oregon Black Political Convention recognizes that there are many citizens in the State of Oregon who do not receive unbiased and effective legal representation from some attorneys licensed by the State of Oregon. There is no state law that requires attorneys licensed by the State of Oregon to be accountable to all their clients by providing unbiased and effective representation when the clients retain these attorneys. In the future, there will be many life events in which attorneys licensed by the State of Oregon will be required; Oregon citizens need to know that these attorneys licensed by the State of Oregon can provide unbiased and effective representation and can be held accountable by state law. Attorneys who provide unbiased and effective representation and who are accountable by state law are essential to citizens’ rights. Without attorneys licensed by the State of Oregon providing unbiased and effective representation, there is no access to justice. THEREFORE:

1. The Oregon Black Political Convention urges the Oregon Legislative Assembly to pass legislation that will amend ORS 9.460 to state that an attorney shall “provide unbiased and effective representation for all clients.”



2. The Oregon Black Political Convention encourages organizations and institutions to assist Black people with determining options for obtaining appropriate and affordable legal representation.



3. The Oregon Black Political Convention urges the Oregon State Bar and Law Schools to thoroughly educate attorneys and law students on the existence of racial bias in the judicial system.





VIII. ECONOMIC & BUSINESS DEVELOPMENT

The Oregon Black Political Convention supports the efforts and activities of Black people to increase their participation in an expanding market economy. THEREFORE:

1. The Oregon Black Political Convention supports and promotes the development of competitive Black businesses.



2. The Oregon Black Political Convention supports the work of the Alliance of Minority Chambers to get the Portland City Council to pass a resolution that the City of Portland shall include at least one minority panelist provided by the Alliance of Minority Chambers on the evaluation and selection panel for all contracts in excess of the formal solicitation thresholds for construction, goods and services and professional, technical and expert services that are not awarded on the basis of lowest responsible bidder.



3. The Oregon Black Political Convention supports the legislation proposed by the African American Chamber of Commerce of Oregon regarding the makeup of the commission reviewing all contracts awarded by the State of Oregon.





IX. HEALTH CARE

The Oregon Black Political Convention recognizes the importance of quality, affordable healthcare for all people. The Oregon Black Political Convention has grave concerns about the lack of health care, access, outreach, and educational programs directed towards the Black Community. The Oregon Black Political Convention believes health care is a right, not a privilege for the few. THEREFORE:

1. The Oregon Black Political Convention encourages members of the Oregon Black Community to become aware of the racial disparities in health care access and services and to work with federal, state and local governments as well as universities and local medical groups, to eliminate racial disparities.



2. The Oregon Black Political Convention supports the recent passed health care legislation passed by the U.S. Congress as the first step toward health care as a right for all citizens of the United States.



3. The Oregon Black Political Convention supports a universal single payer healthcare system.





X. BLACK UNEMPLOYMENT

The Oregon Black Political Convention recognizes that the unemployment among Black Oregonians is significantly higher than White Oregonians. OBPC believes it is important that Black Oregonians report their unemployment status and be willing to network with each other to change this high unemployment rate. OBPC believes that the Oregon Black organizations must encourage the Oregon Governor, county commissioners, and city mayors to create jobs in the Black Community. THEREFORE:

1. The Oregon Black Political Convention supports and promotes the development of competitive Black businesses that will employ Black employees.



2. The Oregon Black Political Convention supports the development of a Black Business community that can increase opportunities among the Black unemployed





XI. LOCAL, STATE, FEDERAL AND WORLD AFFAIRS

The Oregon Black Political Convention finds that governmental entities are mandated by their constitutions or charters to represent the interests of ALL citizens including Black Americans. The Oregon Black Political Convention acknowledges that public policies affect how the United States, as a nation, involves itself in the global economy and international affairs. The Oregon Black Political Convention urges Black Americans to get involved in local, state, national and world affairs. The Oregon Black Political Convention supports the participation of Black Americans in the establishment, control, monitoring, and implementation of public policies that not only engender but also promote Black involvement at the local, state, national and world levels. THEREFORE:

1. The Oregon Black Political Convention urges the Oregon Legislative Assembly to pass legislation declaring that it is an oath violation when an elected officials knowingly lie to the press and the public about an issue that the elected official is discussing.



2. The Oregon Black Political Convention calls on ALL elected and appointed officials to ensure that the Constitution of the United States is upheld.



THEME



2010 OBPC THEME: During The Administration Of President Obama: Black Political Action For Institutional Transformations And For Removing Barriers, Bias, Discrimination And Ineffective Legal Representation,”



On November 4, 2008, US Senator Barack Hussein Obama was elected President of the United States of America, and on January 20, 2009, he was inaugurated as the 44th President of the United States of America. This 2010 OBPC theme, “During The Administration Of President Obama: Black Political Action For Institutional Transformations And For Removing Barriers, Bias, Discrimination And Ineffective Legal Representation,” embodies what is possible during this administration of a leader who knows himself, who sees all citizens as one people or one nation, and who is not afraid to articulate his visions for the country and the world. When President Obama was elected, many people across the United States were quick to say that the USA is now in a post-racial period and that there is no longer any racism in the country. However, many Black Americans grew up in USA knowing that there are many institutions operated by elected and appointed officials who take oaths of office to support the US Constitution and to uphold the law, but many of these officials allow these institutions to set up barriers to Black Americans and to practice bias, discrimination and ineffective legal representation when Black Americans are involved. The institutions of the United States and Oregon need to be transformed to meet the needs of all citizens and to remove bias, discrimination and ineffective legal representation. This theme connotes that an excellent opportunity exists during the administration of President Obama to use Black political action for institutional transformations and for removing barriers, bias, discrimination and ineffective legal representation as citizens use their power of citizenship to build futures for themselves and their children as well as this nation.

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The Oregon Assembly for Black Affairs (OABA) hosted the 2010 Oregon Black Political Convention (OBPC); but the actions and endorsements of the Oregon Black Political Convention are the positions of the convention and NOT those of the Oregon Assembly For Black Affairs (OABA).



2010 OREGON BLACK POLITICAL CONVENTION

oaba@peak.org

2010 OBPC Convention Chair Calvin O. L. Henry

2010 OBPC Recorder Aneesah Furqan

2010 OBPC Recorder Rashad Henry

2010 OBPC OREGON PRIMARY ELECTION ENDORSEMENTS

OREGON BLACK POLITICAL CONVENTION (OBPC)

OREGON PRIMARY ELECTION ENDORSEMENTS
On April 16-18, 2010, the Oregon Black Political Convention (OBPC) met at the Crowne Plaza Portland Convention Center, 1441 NE 2nd Avenue, Portland, Oregon 97232, and endorsed federal, state and local candidates running for public office in the May 18, 2010 Oregon Primary Election. To receive the OBPC endorsement for the Primary Election, each candidate must receive three-fifth of the votes of the delegates eligible to vote during the endorsement process. The Convention tries to endorse the best major political party candidate for each partisan office. On April 17, 2010, Candidates addressed the Convention. On April 18, 2010, the following partisan and non-partisan candidates were endorsed by the 2010 OBPC.

PARTISAN ENDORSEMENTS PARTY CANDIDATE

UNITED STATES SENATOR Democrat Ron Wyden

US Representative in Congress, 1-District Democrat David Wu

US Representative in Congress, 3-District Democrat Earl Blumenauer

US Representative in Congress, 4-District Democrat Peter DeFazio

US Representative in Congress, 5-District Democrat Kurt Schrader

Oregon Governor Democrat Bill Bradbury

STATE TREASURER Democrat Ted Wheeler

State Senator, 4th District Democrat Floyd Prozanski

State Senator, 6th District Democrat Lee Beyer

State Senator, 7th District Democrat Chris Edwards

State Senator, 10th District Republican Jackie Winters

State Senator, 11th District Democrat Peter Courtney

State Senator, 13th District Democrat Timi Parker

State Senator, 19th District Democrat Richard Devlin

State Senator 22nd District Democrat Chip Shields

State Representative, 8th District Democrat Paul R. Holvey

State Representative, 10th District Democrat Jean Cowan

State Representative, 11th District Democrat Phil Barnhart

State Representative, 12th District Democrat Elizabeth Terry Beyer

State Representative, 13th District Democrat Nancy Nathanson

State Representative, 14th District Democrat Val Hoyle

State Representative, 26th District Democrat Sandy Webb

State Representative, 29th District Democrat Katie Riley

State Representative, 31st District Democrat Brad Witt

State Representative, 33rd District Democrat Mitch Greenlick

State Representative, 36th District Democrat Mary Nolan

State Representative, 43rd District Democrat Lew Frederick

State Representative, 47th District Democrat Jefferson Smith

Benton County Commissioner, Position 1 Democrat Linda Modrell

OREGON BLACK POLITICAL CONVENTION (OBPC)

OREGON PRIMARY ELECTION ENDORSEMENTS
On April 16-18, 2010, the Oregon Black Political Convention (OBPC) met at the Crowne Plaza Portland Convention Center, 1441 NE 2nd Avenue, Portland, Oregon 97232, and endorsed federal, state and local candidates running for public office in the May 18, 2010 Oregon Primary Election. To receive the OBPC endorsement for the Primary Election, each candidate must receive three-fifth of the votes of the delegates eligible to vote during the endorsement process. The Convention tries to endorse the best major political party candidate for each partisan office. On April 17, 2010, Candidates addressed the Convention. On April 18, 2010, the following partisan and non-partisan candidates were endorsed by the 2010 OBPC.

NON-PARTISAN ENDORSEMENT CANDIDATE

Superintendent of Public Instruction Non-partisan Ron Maurer

Clackamas County Commissioner, Position 3 Non-partisan Ann Lininger

Clackamas County Commissioner, Position 5 Non-partisan Jim Bernard

Lane County Commissioner, WEST, P1 Non-partisan Jerry Rust

Lane County Commissioner, SPRINGFIELD, P2 Non-partisan Pat Riggs-Henson

Lane County Commissioner, EAST, P1 Non-partisan Faye Stewart

Multnomah County Chair Non-partisan Jeff Cogen

Multnomah County Commissioner District #2 Non-partisan Loretta Smith

Multnomah County Sheriff Non-partisan Dan Staton

Multnomah County Sheriff (Unexpired Term) Non-partisan Dan Staton

Washington County Commissioner –AT-LARGE Non-partisan Dick Schouten

Washington County Commissioner, District 2 Non-partisan Greg Malinowski

Washington County Auditor Non-partisan John Hutzler

Metro Councilor President Non-partisan Rex Burkholder

Metro Councilor District 1( Non-partisan Shirley R. Craddick

Metro Councilor District 2 Non-Partisan Carlotta Collette

Metro Auditor Non-partisan Suzanne Flynn

City of Portland, Commissioner #2 Non-partisan Nick Fish

Violations of Portland Zoning Regulations & Re-Segregation of Portland Schools

From: Cal Henry
Date: Tue, 08 Sep 2009 13:07:32 -0700

To: Portland Mayor Sam Adams , Pdx CC Randy Leonard , Pdx CC Randy Leonard , Pdx City Commissioner Nick Fish , Pdx CC Amanda Fritz , Pdx City Commissioner Dan Saltzman , Portland Mayor Sam Adams

Cc: OABA Researcher Lynn S Schore , Pdx Mayor Chief of Staff Tom Miller , Pdx CC Leonard COS Ty Kovatch , Pdx CC Saltzman COS Brendas Finn , Pdx CC Fritz COS Tom Bizeau , Pdx CC Fish COS Sam Chase , Pdx UL President Marcus Mundy , Portland NAACP President H L Hodge , Roy Jay , Oregon Superintendent PI Susan Castillo , Oregon Governor Ted Kulongoski penney.ryan@state.or.us

Subject: Violations of Portland Zoning Regulations & Re-Segregation of Portland Schools

The Honorable Sam Adams, Mayor of Portland
The Honorable Randy Leonard, Portland City Commissioner
The Honorable Dan Saltzman, Portland City Commissioner
The Honorable Nick Fish, Portland City Commissioner
The Honorable Amanda Fritz, Portland City Commissioner

The Oregon Assembly for Black Affairs (OABA) is a statewide Organization that was found April 9, 1977. The purpose of the Oregon Assembly for Black Affairs (OABA) is to improve the political, educational, social, legal, and economic status of Blacks in Oregon. One of its objectives is to work for equal education opportunities for Blacks at all levels, and to eliminate all unequal education opportunities and inferior educational programs. OABA knows "What Benefits Black Oregonians Benefits ALL Oregonians" and this does not work in reverse.
At this time, OABA is concerned about how the violations of the City of Portland Zoning Regulations are causing the re-segregation of schools in the Portland Public Schools (PPS) District. It is OABA understanding that there have been 198 Zoning violation complaints filed with your Planning Bureau and that these violations will lead to unequal education opportunities and inferior educational programs for Black students, as well as all students, in the PPS District. In Portland Policy and Code Division Principal Planner Eric Engstrom’s MEMO dated July 23, 2008, to Portland Planning Bureau Director Gil Kelly, SUBJECT: “Emerging Schools/Parks Zoning Controversy”, he states: “The Zoning Code has very detailed thresholds identifying the changes in school activity that trigger Conditional Use Review. Because no Conditional Use Reviews were filed by PPS for the identified changes, there have been violations of the Zoning Code. “ Also in this MEMO, he states: “ Most complaints relate to violations of the Zoning Code Conditional Use regulations, which govern the extent/nature of activities and land uses allowed on school and park sites. Specific issues raised include changes in grade levels, enrollment changes, and concerns about sports field activities (little league).” Also changes in grade levels, enrollment changes, and school closure issues are affected by the Portland Zoning Code and Oregon state law. OABA Researcher Lynn Schore studied Portland Zoning Ordinance, in particularly the Schools and School Sites Chapter, and determined that the Portland Public Schools District was in violation of the Portland Zoning Code at eleven schools. Ms. Schore has worked others to get your Planning Bureau and other City officials to enforce your zoning regulations. However, it is OABA understanding that your Planning Bureau is planning to come to Portland City Council to get you to change the Zoning Ordinance so that the City of Portland will not have to enforce Zoning Ordinance against PPS for violations. It appears to OABA Board of Directors that your Planning Bureau wants to give PPS retroactive immunity so that City of Portland will not have to prosecute the 198 violations. Also it appears to OABA that the City of Portland might become part of a scheme to close schools and sell off PPS properties should the Portland City Council vote to change its Zoning Ordinance before there are prosecutions of the violations that are on file. Also this would lead to unequal education opportunities and inferior educational programs for Black students, as well as all students, in the PPS District.
On Thursday, September 3, 2009, I was in all of your offices to see if OABA could schedule a meeting with each of you concerning how the violations of your existing zoning regulations is causing re-segregation of public schools in Portland. I briefly exchanged greetings with Commissioner Dan Saltzman but he was going into a meeting. One of Commissioner Saltzman’s staff and I talked briefly, and he indicated to me that Commissioner Saltzman was not aware of the issues surrounding the zoning violations. I talked with the Chief of Staff for Commissioner Nick Fish, and the Chief of Staff told me that Commissioner Fish was not aware of the issues surrounding the zoning violations. OABA Researcher Lynn Schore, with others, provided Commissioner Fish and Commissioner Fritz, each, with a professional notebooks with the details of the impact of these violations PPS District as well as their impact on parks. Also, it is OABA understanding that the Flynn/Blackmer Audit of September 2006 raises some of same issues, and OABA Researcher Schore with others provided Portland City Council with information on these issues. There are some serious issues that you need to hear from OABA about how your city staffs may be playing in the hands of outside interests for these interests to take over PPS school properties. This will lead to the re-segregation of Portland schools.
In accordance with your City Charter Codes and Policies, "’Law’ denotes applicable federal law, the Constitution of the United States, the Constitution and statutes of the State of Oregon, the Charter and Ordinances of the City of Portland, Oregon, and when appropriate, any and all rules and regulations which may be promulgated thereunder, and court decisions. “ The Oregon Assembly for Black Affairs (OABA) urges the Portland City Council to make no changes to the "Schools and School Sites" Chapter of the Portland Zoning Code at this time.
I will be out of Oregon until September 15, 2009. Will you (all of you) meet with me and OABA Researcher Schore on or after September 17, 2009?
Calvin O. L. Henry, Ph.D.
OABA President
(541) 745-5570
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OREGON ASSEMBLY FOR BLACK AFFAIRS-An Organization For CHANGE And Building

A Better Oregon for the Black Community. What Benefits Black Oregonians Benefits ALL Oregonians.--- OABA, P. O. BOX 12485, SALEM, OREGON 97309

Zoning & PPS High School Redesign

February 12. 2010

Mr. Xavier Botana
Chief Academic Officer
Portland Public Schools
501 N. Dixon Street
Portland, OR 97227
Dear Mr. Botana:

My name is , and I am President of the Oregon Assembly for Black Affairs (OABA). The Oregon Assembly for Black Affairs (OABA) is a statewide organization that was founded April 9, 1977. Its purpose is to improve the political, educational, social, legal, and economic status of Blacks in Oregon. As a nonpartisan organization, OABA places a major emphasis on building a better Oregon for the Black community. We know that “What Benefits Black Oregonians Benefits ALL Oregonians.” The reverse is not true. One of OABA objectives is to work for equal education opportunities for Black students at all levels, and to eliminate all unequal education opportunities and inferior educational programs.

I am aware that you are new to the PPS District as its Chief Academic Officer, and my initial purpose for requesting a meeting with you was introductory. Since it appears that you do not want to meet with me alone, I must raise several questions, at this time, concerning the intentions of the PPS District Redesign for its high schools.

OABA has been studying Portland zoning ordinances, procedures and practices, and how these laws and practices affect Portland Public Schools. From our study of them and the zoning violation complaints filed against PPS with the City of Portland, OABA concludes that PPS District is trying to use the Portland zoning laws and practices to close schools and that this will result in re-segregating Portland Public Schools. However, on Tuesday, February 9, 2010, at the African American Chamber of Commerce (AACC) meeting, Portland Mayor Sam Adams stated that the information he received from PPS concerning the high school redesign ensures that Jefferson HS and Marshall HS would receive the academic programs and increased student population to make them excellent neighborhood schools. Is this true?

As OABA studies the PPS High School Redesign, it becomes clear that this redesign will lead to school closures that will not guarantee that all students will have access to a comprehensive high school experience and that will not guarantee all students a neighborhood school. The exceptions that PPS seems to be building in the High School Redesign are: (1) language immersion programs, (2) district transfer for diversity, and (3) NCLB impact. Such exceptions appear to be designed to allow transfers within the district for certain students. Is this correct?

From the models for PPS High School Redesign, it appears that PPS will have only one magnet school. How can PPS say that it wants to balance enrollments if it is going to only ONE magnet school?

In an email dated January 25, 2010, OABA asked Superintendent Carole Smith and the PPS District Board the following question: “Has the school district received an offer from Warner Pacific College to purchase Franklin High School?” No replay has been received. Is this true?

Please understand that the Oregon Assembly for Black Affairs (OABA) wants to work with the PPS District to ensure that all unequal education opportunities and inferior educational programs are eliminated and to ensure that equal education opportunities for Black students, as well as all students, are available at all levels of the PPS District.

Sincerely,
Calvin Henry
OABA President

CC: The Honorable Sam Adam, Mayor of Portland
Portland City Council
PPS District Board
PPS Superintendent Carole Smith
Ms. Carolyn Leonard, PPS Compliance Officer
Ms. Lynn Schore, OABA Researcher
OABA Board of Directors
Mr. Roy Jay, AACC President/CEO
Dr. T. Allen Bethel, AMA President
Dr. H. L. Hodge, Portland NAACP President
Mr. Marcus Mundy, Portland Urban League President

Have you heard of ORS 9.460 and SB 818? If not, why?

ORS 9.460 is a state law that describes what an attorney licensed by the State of Oregon shall provide. This state law does not say that an attorney shall provide unbiased and effective representation to all clients. There are many citizens in the State of Oregon who cannot receive unbiased and effective legal representation from some attorneys licensed by the State of Oregon. SB 818 was a bill before the 2009 Oregon Legislative Assembly that would have amended ORS 9.460 to state that an attorney shall “provide unbiased and effective representation for all clients.”

There is no state law that requires attorneys licensed by the State of Oregon to be accountable to all their clients by providing unbiased and effective representation when the clients retain these attorneys. In the future, there will be many life events in which attorneys licensed by the State of Oregon will be required; Oregon citizens need to know that these attorneys licensed by the State of Oregon can provide unbiased and effective representation and can be held accountable by state law. Attorneys who can provide unbiased and effective representation and who are accountable by state law are essential to Oregon society where citizens can defend their citizenship rights. Without attorneys licensed by the State of Oregon who can provide unbiased and effective representation, there is no access to justice.
According to ORS 9.310 and ORS 9.320, only an attorney can represent another person in Oregon courts. Because of this, the Oregon Assembly for Black Affairs (OABA) believes that an attorney licensed by the State of Oregon has a duty as well as an obligation to not let his or her fears, biases or any other personal consideration prevent him or her from providing unbiased and effective representation for all clients.

SB 818 is a bill that was introduced in the 2009 Oregon Legislative Session. State Senator Vicki Walker (D-Eugene) and State Senator Jackie Winters (R-Salem) introduced SB 818 at the request of the Oregon Assembly for Black Affairs (OABA). This bill exposes the problem of the failure that some Oregon citizens have in receiving unbiased and effective representation from some attorneys licensed by the State of Oregon. OABA recognized that it had brought up a problem (SB 818) before 2009 Oregon Legislative Session that the Oregon State Bar (OSB) did not want to be heard and that OSB would hide its hands while it got its members, who are legislators, to do the work of stopping SB 818 from being discussed at a legislative hearing. From OABA understanding of the actions of the Oregon State Bar toward SB 818, the Oregon State Bar does not want a state law to hold attorneys licensed by the State of Oregon accountable for providing unbiased and effective representation for all clients. Also it appears that providing unbiased and effective representation for all clients, by state law, is a standard to which the Oregon State Bar does not want attorneys to be held.

SB 818 would have amended ORS 9.460 to read “An attorney shall ‘provide unbiased and effective representation for all clients’.” Also SB 818 would have provided for “all active members of the Oregon State Bar to “receive cultural competency training designed to educate members on providing unbiased and effective representation for all clients.”

Perhaps, you did not hear about SB 818 during the 2009 Oregon Legislative Session because the Senate Judiciary Committee Chairperson refused to hold a hearing on the bill. Also you did not hear about it because Oregon electronic and print news media did not cover the importance of this bill to ALL Oregon citizens in the future as they seek to use and protect their civil rights. From OABA discussions with some of the newspapers’ editors, there were indications that they saw SB 818 as something that Black Oregonians wanted and that it was not needed. Also there was one newspaper editor who was not willing to cover the bill because of the position of the Oregon Sate Bar.

Since its establishment in 1977, OABA has received many complaints from many Blacks in Oregon. Among such complaints, it has been revealed to OABA that these Black individuals have had extreme difficulties in finding attorneys licensed by the Sate of Oregon who would take their cases. When these individuals were able to obtain an attorney, the attorney did not pursue the case with vigor nor provide the effective legal representation that leads to good results. OABA concluded that because many Black Oregonians have experienced tremendous difficulty in securing effective legal representation, many Blacks in Oregon feel they must bear with, even tolerate, crimes or discrimination against them rather than be further victimized, even humiliated, by not being able to get effective legal representation. Yes, some Black Oregonians are scared to talk about this, and they will deny it when they are asked about it, and they get silent by saying that is just the way it is.

The Oregon Assembly for Black Affairs (OABA) is aware that other people of color as well as some White Oregonians have experienced biased and ineffective legal representation from some attorneys licensed by the State of Oregon. When the Oregon Attorney General went to the King City Community Center to talk with some senior citizen about his proposal on civil rights before the 2009 Oregon Legislature, Oregon Attorney General was told by some of the seniors that they had not been receiving effective legal representation for the attorney licensed by the State of Oregon whom they had retained.

In the “Report of the Oregon Supreme Court Task Force on Racial/Ethnic Issues in the Judicial System” dated May 1994, one of the conclusions that was made is the following:

“All nonminorities involved in the justice system—judges, court staff, lawyers, law school professors and law students—need ongoing, cross-cultural training. Nonminorities have contributed to most of the problems facing minorities today. Nonminorities must recognize that problems exist; nonminorities must address them with resolve and sensitivity.”

The purpose of SB 818 was to correct the difficulties that Black Oregonians as well as other Oregonians have had in obtaining effective legal representation in Oregon, regardless of their ability to pay or their status in society.

The sponsors of SB 818 in the 2009 Oregon Legislative Session were: Senator Jackie Winters (R-Salem), Senator Vickie Walker (D-Eugene); Senator BATES, Senator Brian Boquist (R-Dallas), Senator Peter Courtney (D-Salem), Senator Jackie Dingfelder (D-Portland), Senator Ted Ferrioli (R-John Day), Senator Mark Hass (D-Beaverton/Aloha/SW Portland), Senator Jeff Kruse (R-Roseburg), Senator Laurie Monnes Anderson (D-Gresham), Senator Rod Monroe (D-Portland), Senator Bill Morrisette (D-Springfield), Senator Frank Morse (R-Albany), Senator Diane Rosenbaum (D-Portland), Senator Chris Telfer (R-Bend), Senator Joanne Verger (D-Coos Bay), Representative Jules BAILEY (D-Portland), Representative Michael DEMBROW (D-Portland), Representative Sal Esquivel (R-Medford), Representative Sara Gelser (D-Corvallis), Representative Paul Holvey (D-Eugene), Representative Dave Hunt (D-Clackamas County), Representative Tina Kotek (D-Portland), Representative Ron Maurer (R-Grant Pass), Representative Chuck Riley (D-Hillsboro), Representative Mike Schaufler (D-Happy Valley/SE Portland), Representative Chip Shields (D-Portland), Representative Kim Thatcher (R-Salem), and, Representative Jim Weidner (R-McMinnville).
If you examine the sponsors of SB 818, you will see that there were sixteen (16) of the 30 state senators who were sponsors and co-sponsors of SB 818. And there were thirteen (13) state representatives who were co-sponsors of SB 818. The co-sponsors included Oregon Senate President Peter Courtney (D-Salem) and Oregon House of Representatives Speaker Dave Hunt (D-Clackamas County)
SB 818 was introduced in the Oregon Senate and it was assigned to the Senate Judiciary Committee. State Senator Floyd Prozanski (D-Eugene) was chair of the Oregon Senate Judiciary Committee during the 2009 Oregon Legislative Regular Session, and he is a member of the Oregon State Bar. Senator Prozanski told the OABA President that he had made an individual decision not to hear SB 818, and he essentially argued the positions of the Oregon State Bar as the bases of his decision. This certainly raises the question: “when does an elected official use the elected official position to deny a hearing on a problem in the profession in which he or she is trained and a member?” It is OABA’s position that the Oregon Legislative Assembly should not allow the Oregon State Bar to dictate to it what bills of Oregon citizens that the Oregon Legislative Assembly should hear whether or not the bill may point out problems with attorneys licensed by the State of Oregon in providing unbiased and effective legal representation for all clients. By his individual decision, Senator Prozanski denied the majority (sixteen (16) of the 30 state senators) of the Oregon Senate from hearing what citizens had to say about this problem that SB 818 was introduced to address.
After Senator Prozanski refused to call a hearing on SB 818, OABA requested Oregon Senate President Peter Courtney to take action to move SB 818 through the Senate, but he did not take the actions requested. Instead, his office expressed that Senator Courtney wanted hearings to be held on the bill after the regular session.
Senator Walker resigned her senate seat to take a position on the Oregon Parole Board, and Senator Winters stated that she will work for a hearing on SB 818 during the interim period of the Oregon Legislature.

Because of actions of legislators and the silence of the news media on this important piece of legislation, there needs to be greater sunshine on the actions of legislators who would use their public positions to protect the positions of Oregon State Bar rather than take the corrective action needed to address this problem facing citizens of Oregon and on the failure of some attorneys licensed by the State of Oregon to provide unbiased and effective representation to all clients.

The Oregon Assembly for Black Affairs (OABA) notified Oregon Governor Ted Kulongoski, Oregon Secretary of State Kate Brown, Oregon State Treasurer Ben Westlund, Oregon Attorney General John Kroger, Oregon BOLI Commissioner Brad Avakian, Oregon Superintendent of Public Instruction Susan Castillo, Oregon Supreme Court Chief Justice Paul J. De Muniz, and Oregon Court of Appeals Chief Judge David V. Brewer concerning SB 818 and requested their support of the bill. Only one of these statewide officeholders responded to the request.
Also, since some people might believe that OABA was presenting such a bill to benefit Black Oregonians only, the question is: “As citizens of Oregon, do you believe that ALL members of Oregon Society (including Black Oregonians) should receive unbiased and effective legal representation from attorneys licensed by the State of Oregon, regardless of their status in Oregon society or their ability to pay, when these attorneys licensed by the State of Oregon are retained by these Oregonians to handle their legal issues?” If you do, will you help?

If an Oregon citizen does not know his or her rights, she or he does not have any rights. Attorneys licensed by the State of Oregon are the best source to help Oregon citizens to understand and to protect their rights.
OREGON ASSEMBLY FOR BLACK AFFAIRS - An Organization For CHANGE And Building A Better Oregon for the Black Community. What Benefits Black Oregonians Benefits ALL Oregonians. --- OABA, P. O. BOX 12485, SALEM, OREGON 9730

Senate Bill 818

75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session

Senate Bill 818 Sponsored by Senators WINTERS, WALKER; Senators BATES, BOQUIST, COURTNEY, DINGFELDER, FERRIOLI, HASS, KRUSE, MONNES ANDERSON, MONROE, MORRISETTE, MORSE, ROSENBAUM, TELFER, VERGER, Representatives BAILEY, DEMBROW, ESQUIVEL, GELSER, HOLVEY, HUNT, KOTEK, MAURER, RILEY, SCHAUFLER, SHIELDS, THATCHER, WEIDNER (at the request of Oregon Assembly for Black Affairs)

SUMMARY

The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject to consideration by the Legislative Assembly. It is an editors brief statement of the essential features of the measure as introduced.

Requires that minimum continuing legal education requirements of Oregon State Bar include cultural competency training designed to educate members on providing unbiased and effective representation of clients. Provides that members of bar must provide unbiased and effective representation for all clients.

A BILL FOR AN ACT

Relating to attorneys; amending ORS 9.112 and 9.460.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 9.112 is amended to read:

9.112. (1) The board of governors shall by rule establish minimum continuing legal education requirements for all active members of the Oregon State Bar. Rules adopted by the board of governors are subject to review by the Supreme Court.

(2) Rules adopted under this section shall ensure that all active members of the bar receive cultural competency training designed to educate members on providing unbiased and effective representation for all clients.

SECTION 2. ORS 9.460 is amended to read:

9.460. An attorney shall:

(1) Support the Constitution and laws of the United States and of this state; (2) Employ, for the purpose of maintaining the causes confided to the attorney, such means only as are consistent with truth, and never seek to mislead the court or jury by any artifice or false statement of law or fact; (3) Maintain the confidences and secrets of the attorney¢s clients consistent with the rules of professional conduct established pursuant to ORS 9.490; [and] (4) Never reject, for any personal consideration, the cause of the defenseless or the oppressed; and (5) Provide unbiased and effective representation for all clients.

NOTE: Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.

New sections are in boldfaced type.

LC 3080

Purpose of OABA Bill SB 818

The Purpose of OABA Bill SB 818 is to correct the difficulties that Black Oregonians as well as other Oregonians have in obtaining effective legal representation in Oregon, regardless of their ability to pay or their status in society.
The chief sponsors of SB 818 were State Senator Jackie Winters (R) and State Senator Vicki Walker (D).

SB 818 was introduced and sponsored, in the 2009 Oregon Legislature, at the request of the Oregon Assembly for Black Affairs (OABA), and its main purpose was to amend ORS 9.460 to read that “An attorney shall ‘provide unbiased and effective representation for all clients’.” Also SB 818 would have provided for “all active members of the Oregon State Bar to “receive cultural competency training designed to educate members on providing unbiased and effective representation for all clients.”

The “Report of the Oregon Supreme Court Task Force on Racial/Ethnic Issues in the Judicial System” dated May 1994, points out two outstanding admissions. They are:

1. “Nonminorities have brought about many of the problems that minorities encounter and are discussed in this report. Addressing these problems, and ultimately solving them, is the joint responsibility of nonminorities and minorities.”

2. If a poll were taken of all the lawyers, court staff and judges in Oregon, it is doubtful that even one person would admit that he or she discriminates against minorities in any way…That attitude makes the education process even more difficult.” “The truth is that many nonminorities were raised in a culture in which discrimination was common, even accepted. Not surprisingly, the habits and attitudes learned as children carry over into adult life."

The Oregon Assembly for Black Affairs (OABA) cannot speak for all minorities in Oregon, but it can share what is happening with Black Oregonians. Also OABA knows "What Benefits Black Oregonians Benefits ALL Oregonians," and this does not work in reverse. OABA has received evidence that attorneys are not providing effective legal representation for Black Oregonians.
The Oregon Assembly for Black Affairs (OABA) has defined a problem faced by one group of minorities and has determined the cause of this problem. The problem is the difficulty that Black Oregonians have in obtaining effective legal representation in Oregon, regardless of their ability to pay or their status in society. It is OABA position that Blacks in Oregon receive ineffective legal representation because of fear and racism. OABA has corresponded about this problem with many elements of the legal system in Oregon, which include Black attorneys, the Oregon State Bar President, Oregon State Bar Executive Director, Oregon State Supreme Court, Oregon Governor, Oregon Legislative Assembly, Oregon Labor Commissioner, and the deans of law schools in Oregon.
Should effective legal representation be based upon whether one has an attorney who looks like oneself to handle the case? OABA does not think so. Should any attorney licensed by the State of Oregon be capable of providing effective legal representation to any client regardless of the client’s race or position in society? OABA believes that all attorneys should be able to do so.

It is OABA understanding that the “Report of the Oregon Supreme Court Task Force on Racial/Ethnic Issues” is not law in Oregon. However, Conclusion 11 of this Task Force Report would go a long way to ensuring effective legal representation for Black Oregonians if it was law in Oregon. This conclusion states:

“All nonminorities involved in the justice system—judges, court staff, lawyers, law school professors and law students—need ongoing, cross-cultural training. Nonminorities have contributed to most of the problems facing minorities today. Nonminorities must recognize that problems exist; nonminorities must address them with resolve and sensitivity.”

OABA believes that attorneys, like teachers, must be culturally competent in the cultures of their clients if effective legal representation is to be possible. When the OABA Board of Directors learned on January 6, 2007, that some members of the Oregon State Bar were trying to eliminate mandatory bias training for attorneys and that the Oregon State Bar might eliminate its Affirmative Action Committee, the OABA Board of Directors recognized that these efforts will not make effective legal representation of Black Oregonians better. When OABA Board learned that the Oregon Supreme Court approved only a delay in the elimination of the bias training so that a study could be conducted, the OABA Board expressed that both mandatory culturally competency training for attorneys and effective legal representation should be established by law.

The “Report of the Oregon Supreme Court Task Force on Racial/Ethnic Issues” is an excellent study of bias and racism that exist in the legal system; but the recommendations and conclusions made in this report are not law. However, many of them should be in law. Attorney’s fear when providing effective legal representation for Blacks in Oregon is not addressed by the report. This is the reason for OABA bill for effective legal representation.

OREGON ASSEMBLY FOR BLACK AFFAIRS - An Organization For CHANGE And Building A Better Oregon for the Black Community. What Benefits Black Oregonians Benefits ALL Oregonians. --- OABA, P. O. BOX 12485, SALEM, OREGON 97309

Revelations By The Shooting Of A 12-Year Old Black Girl By A Portland Police Officer Needs Further Actions By Portland City Officials

January 6, 2010

TO: The Honorable Sam Adams, Portland Mayor The Honorable Amanda Fritz, Portland Commissioner, Position 1 The Honorable Nick Fish, Portland Commissioner, Position 2 The Honorable Dan Saltzman, Portland Commissioner, Position 3 The Honorable Randy Leonard, Portland Commissioner, Position 4 The Honorable LaVonne Griffin-Valade, Portland Auditor SUBJECT: Revelations By The Shooting Of A 12-Year Old Black Girl By A Portland Police Officer Needs Further Actions By Portland City Officials

The Oregon Assembly for Black Affairs (OABA) has followed with great interest the information in the media regarding the shooting of a 12-year old Black girl (on November 14, 2009) by a sworn Portland police officer. It is OABA understanding that Portland Police officer Chris Humphreys shot this 12-year old Black Girl while another Portland police officer was holding her down. Also it is OABA understanding that Portland City Commissioner Dan Saltzman, who is in charge of the Portland Police Bureau, placed this police officer who shot the 12-year Old Black girl on leave with pay until an investigation is to be completed and its results are known. It is also OABA understanding that the Portland Police Association asked its 922 members for a vote of no confidence in the Portland Police Commissioner Dan Saltzman and Chief Rosie Sizer that would be held on November 30, 2009. According to The Oregonian Report Maxine Bernstein, Sgt. Scott Westerman, President of the union, speaking at a press conference stated that the union’s faith in the leadership of the Police Bureau is gone and that the union is angry over a decision to place Officer Chris Humphreys on paid leave as the Portland Police Bureau investigates his firing of a beanbag shotgun at a 12-year-old Black girl. It is OABA understanding that on November 24, 2009, Portland police officers marched and held a rally before they were to hold a no-confidence vote on Police Chief Sizer and City Commissioner Saltzman because of this shooting incident involving Police Officer Humphreys. It is OABA understanding that some police officers from other political subdivisions participated in this protest march. It is OABA understanding that a state legislator participated in the Portland police march and rally. On November 25, 2009, the Albina Ministerial Alliance (AMA) held a press conference in support of Police Chief Sizer and City Commissioner Saltzman for taking their actions until an investigation is completed. It has been said by The Oregonian Editorial Board that a no-confidence vote was taken but the Portland Police Union announced that it wouldn’t be releasing the results of that no-confidence vote because of the prolonged negotiation over the Thanksgiving weekend. Also, according to The Oregonian, City Commissioner Dan Saltzman retreated, on November 30, 2009, and announced that Officer Humphreys will allowed to perform desk duty. It is OABA understanding that shooting a 12-year old girl with a beanbag by a police officer can be viewed as deadly force.

It is of great concern that there was a decision by the Police Commissioner Dan Saltzman to suspend the officer for shooting the 12-year old Black girl while the investigation was in process and then to see that the suspension of the police officer was reversed. Further, it is of concern that the public is left with a concern that the vote of no-confidence results was withheld from the public seemingly because the police officer was reinstated. This appears to allow Commission Dan Saltzman to trade the reinstatement of the police officer for the withholding of information from the public.

OABA firmly believes that all matters related to public safety must be reviewed in light of extenuating circumstances. The Portland City Commissioners and the Portland Police officers as well as all duly elected officials have a responsibility to carry out their duties in accordance with the laws and regulations. They signed oaths of office and swore to uphold the law. All elected and State, County, and City employees must be held accountable for their actions and must represent the public without taking the side of specific agencies based on political pressure or perceived benefit. Should an Oregon elected official be marching in an event that is designed to pressure a city to reverse its action?

The OABA Board of Directors expressed that this shooting of a 12-year old Black girl revealed issues greater than this 12-year old Black girl or her parent, greater than just AMA or OABA involvements, greater than Portland Black Community, and greater than the citizens of Oregon. The questions become: “Is it safe for a Black American to be in Portland, Oregon?” and “Will Portland public officials (elected or appointed) honor their oaths of offices and uphold the law when Portland Police officers are inflicting unjustifiable use of deadly force or less lethal deadly force on members of the Black Community?” The issues revealed by this shooting need further attention by the City of Portland, State of Oregon and the United States.

Given the events that have occurred and the fact that no investigation report of this shooting of the 12 year Black girl has been completed and made public, OABA raises the following questions for you, as Portland Mayor, Portland Commissioners and Portland Auditor, who have multiple oversights over the actions of the Portland Police Bureau and its officers:

I. Reference to the Portland police officer’s actions toward the 12-year old Black girl:

A. Did the officer, who stopped the 12-year old African American female and subsequently shot her with a beanbag (on November 14, 2009), have just cause for singling her out? Why was the young female approached by this police officer?

B. What was the reason that this 12-year old African American female was stopped?

C. Had the 12-year old Black girl violated any law when she was stopped?

D. Was the 12-year old Black girl under control of another Portland police officer when the officer shot her?

E. Did the Portland police officers have to use deadly force or less lethal force to control a 12-year old Black girl?

II. QUESTIONS: Portland Police Commissioner and Portland Chief of Police:

A. Was Portland Police Commissioner acting within his authority when he suspended the police officer who shot the 12-year old Black Girl pending an investigation of the shooting of the 12-year old Black Girl?

B. Was Portland Chief of Police acting within her authority when she initially placed the police officer who shot the 12-year old Black Girl on desk duties pending an investigation of the shooting of the 12-year old Black Girl?

C. Were Portland Police Commissioner and Chief of Police acting in the public interest when they rescinded the suspension of the police officer who shot the 12-year old Black girl?

D. Are sworn Portland police officers allowed to carry their badges and guns off duty and when the sworn Portland police officers are marching and rallying against Portland public officials?

III. QUESTIONS: Portland City Officials (Mayor, City Commissioners and Auditor):

A. Did the police officers and the public who marched against the Police Chief and City Commissioners have a public permit for their march?

B. Were any contracts, city codes or laws violated by those who marched in the protest against the Chief of Police and City Commissioners for their action to suspend the officer who shot the 12-year old Black girl?

C. Did the Portland Police Union violate its contract with the City of Portland when the union conducted a protest march and rally against city officials?

D. Is the Portland Police a quasi-military force?

E. When police officers participate in a protest police march against Portland city officials, is this the beginning of efforts to terrorize the city officials and its citizens?

F. What is the response of Portland City Officials regarding this protest march by sworn police officers?

G. Do City Officials plan to follow up if city codes or laws were violated?

H. Will the City make its response to the protest available to the public?

I. Will Portland officials (elected and appointed) honor their oaths of offices and uphold the laws when Portland police officers are inflicting unjustifiable use of deadly force or less lethal force on members of the Black Community?

IV. QUESTIONS: The Portland City Officials and Chief of Police With Respect to Portland Police Officers:

A. Under whose command were the Portland police officers who participated in the police protest march and rally against the Chief of Police and City Commissioners on November 24, 2009?

B. Were any of the Portland police officers participating in the protest march on duty during the time they were marching?

C. Were any of the supervisors (e.g., captains, sergeants, etc.) from the Portland police force participating in the protest march? If so, were they on duty during the time they participated in the protest march?

D. What did the on-duty Portland police officers assigned to the area where the police carried out their protest march do? Were they involved in protecting the public? Were they engaged in the protest?

E. Did any Portland police officers leave their post to participate in the protest march?

F. Did Portland police officers if they were on duty violate their oath to serve and protect the public?

G. Were there police officers from other political subdivisions (State, counties, or cities) participating in the Portland police protest march and rally against Portland City Officials and Portland Chief of Police?

OABA is asking you to consider the questions above when you receive the investigation report on the shooting of the 12-year old Black girl by one of your police officers.

From some of the media accounts of this incident, the Oregon Assembly for Black Affairs (OABA) is aware that some individuals are pleased that this officer shot the 12-year old Black girl, and it appears that many members of the Portland Police Union seems to agree with this. This form of police brutality is not good for the city of Portland, and it would not be tolerated if this were a 12-year old White girl who was shot by a Portland police officer.

It is OABA position that all of you have a duty and obligation to protect the public from those individuals who violate the law or other policies, rules and/or regulations even if those individuals are police officers. Also you have the responsibilities to report the extent to which you have held them accountable to the public at large. OABA asks that there be transparency in the process that you utilized to bring justice to all who have been impacted by the shooting of an unarmed 12-year old Black girl and by the protest march and rally of the Portland police officers. Justice cannot prevail if this incident is shoved under the rug and/or servants of the people bow to extortion or blackmail.

When police officers, through their union, express that they have more power than the elected officials who should be providing oversight, society loses and all citizens are threatened, not only Black Americans. Police officers take oaths to uphold the laws. OABA believes that this display of a police march and rally was designed to question civilian authority over them. When police officers take this approach, all citizens’ civil rights come into question.

The Oregon Assembly for Black Affairs (OABA) requests a copy of the investigation report of this shooting incident, and OABA requests that you provide written answers to the questions raised in this letter.

Sincerely,
Calvin Henry
OABA President

CC:
The Honorable Barack Obama, United States President The Honorable Ted Kulongoski, Oregon Governor The Honorable Peter Courtey, President of Oregon Senate The Honorable Dave Hunt, Speaker of Oregon House of Representatives The Honorable Kate Brown, Oregon Secretary of State The Honorable John Kroger, Oregon Attorney General The Honorable Michael D. Schrunk, Multnomah County District Attorney Portland Police Chief Sizer The Honorable Ron Wyden, U.S. Senator The Honorable Jeff Merkley, U.S. Senator The Honorable Earl Blumenauer, U.S. Representative in Congress, 3rd District U.S. Attorney General Eric Holder Oregon Acting United States Attorney Kent Robinson OABA Board of Directors Dr. T. Allen Bethel, President, Albina Ministerial Alliance (AMA)

Dr. H. L. Hodge, Portland NAACP President Portland Urban League President Marcus Mundy Portland IRC Director Mary-Beth Baptista, Portland CRC Chair Michael Bigham