Three Strikes at "Nip in the Bud". What An Experience

In the last posting I related having received on Saturday last the official decision from the Scretary of State's Elections Division's office concerning the allegations and charges made against me by the city manager back the first week or so of September or so that was sent informing me that the Elections Speicalist had not found sufficient evidence to find against me under either ORS 260.432, ORS 260.665, or ORS 260.665. The last one being the heavy hitter, a finding against me would have been a Class C Felony.

On Monday I called the Secretary of State's Election Division office and asked that the file be sent to me. And so it was. so for the first time I was seeing what the charges against me were, how the complaining letter had been worded, and also I was for the first time able to see the evidence submitted against me.

I was shocked. I was shocked because the city manager in her attempt, she said, to "nip in the bud" these acts she was alledging against me along, it seems, with another city hall employee, had gone to my blog and downloaded a number of pages and had sent them to the Elections Division Specialist, it appears, claiming I had emailed those to them, it is not clear to me who.

If you are reading this now, you know better. You know because you do not receive this blog by email. What you receive by email is usually a brief "teaser" letting you know this fool, me, has posted on the blog again, which is done now and again with no schedule or regularity, no appearant intent or purpose, and a link to the blog itself is part of that email.

To get to the blog, you had to either want to be here, or you made a mistake and clicked on the blog link. You probably simply clicked on the delete or junk email button or icon and so you are not reading this at all.

It is not true that I emailed those pages of this blog to anyone at city hall, nor to anyone.

I am consulting with attorneys to see if violations of law were made in that claim that I emailed those pages the city manager submitted from this blog as having been sent as an email at city hall to those who are claiming I did, and also seeking information that could develop into finding out if influence may have been used to cause the city employee to join into a conspiracy in making the claim to the Elections Division that the materials that were downloaded from this blog had been sent as they were claiming, to them at their work email addresses.

I am also trying to figure out if this was done with malice. If I feel it was, and I do believe I smell malice in the air, I will certainly be referring my own allegations and making charges. My charges will be to the Attorney General of Oregon.

Not one of the three charges were found to be true against me. And only in the instance wherein the city manager made false claim that I had emailed the blog pages she provided to the Elections Division was comment made. So the only thing I was even scolded for is an untruth. I cannot blame the Elections Division Specialist, she was told and led to believe those blog pages had been emailed.

We'll just see. We'll just see now who is going to be nipping at which bud in who's rose garden as winter sets in here.

Note To those who already have called or sent emails supporting me: Thanks ever so much. You guys amaze me in your Loyality and Fidelity. You guys are the definition of both Loyality and Fidelity.

Not One of Three Counts Alledged By City Manager Sustained

In a letter I received from the Elections Divison of the Secretary of State's office had written and sent to me on September 9, 2010, I was informed that someone had made certain allegations of election laws violations by me. At that time the name of the person making the accusations nor the actual laws I was alledged to have broken could not be given to me. Under reasonable rules, laws, and regulations designed to protect persons making such complaints.


Today I received a letter written by Carla Corbin, an elections law compliance specialist in the Elections Divison of the Secretary of State's office in which she informs me who the person making the allegations was, what laws I was alledged to have broken too.

Who made the complaints? City of Toledo City Manager Michelle Amberg, of course. I will be reviewing her foundless and stupid accusations with my attorney because these accusations are so far off from anything that ever happened and would be covered and prohibited under state laws.

I believe the city manager has no clue at all as to what either of the three ORS she accused me of breaking mean at all.

ORS 260.695? Just when did the city council chambers become part of a building housing an elections office? On a wild guess I'd say the city manager thinks that because during the period the mail in ballots are out and the ballot box is provided in the lobby of city hall it makes the city hall an elections office? I just cannot believe a person we have entrusted so much to as manager of our city really tried to use this ORS against me! Under her theory the city council chambers and city hall are a courthouse because the municipal court judge uses the council chambers as his court room.

During the time the ballot box is out in the city hall lobby, could it be said to be "an elections office"? Maybe. Let's find out.

ORS 260.432? Just how did the city manager think I could require any city employee to campaign for me? Was she serious, or just grasping at straws knowing I might have/may take legal action against her personally for violation of my right to distribute my hand made buttons on September 1st since I do not think she was authorized or empowered by the council to do so.

ORS 260.665? What? Just who did I try to influence to render me services as a candidate? I couldn't get my wife to help me...

All three of these laws are very specific and very limited in scope. Nevertheless, our esteemed city manager made the accusations to try, in my opinion, to shift guilt onto me somehow after I raised the issue of her violating my constitutaional rights. Some folks really do not think it was a big deal. Well, our forefathers did. They refused to ratify the Constitution without having clarification that spelled out the right I was excercising on the night of September 1, 2010.

Now that we know exactly what ORS violations the city manager alledged, we can all laugh together at her total inability to read and understand simple law.

Alledged violation of: ORS 260.665 prohibits any person from using undue influence with the intent to cause another person to, among other things, render services to a candidate. A violation of this statue is a Class C felony.

Just what does the city manger think I did to violate this law?

Alledged violation of: ORS 260.695 prohibits any person from electioneering within any building housing an elections office.

Really? Other than when the ballot box is out in the lobby of city hall, when might it be considered an elections office?

Alledged violation of: ORS 260.432 prohibits any person from requiring public employees to perform political campaigning activities while on the job during work hours.

Just how does the city manager come to the conclusion that I attempted to require anyone to perform any campaign activity for me?

These laws are plain, clear, and concise. No such violation of either of these three laws occurred. Anyone in the room that night knows it. Anyone who gets this blog knows it too.

Further, anyone who reads these ORS's alledged violations will know I did not break any of the three. Besides a number of news media people being in the room that night, no citizen there that night will say that I did anything on that evening to violate any law. Oh, the city manager said so, but as we now know, she was just saying something she had no professional experience or knowledge to say or alledge.

It is a real shame that the chief executive officer for our city made allegations to the Secretary of State's office that I committed any one of these unlawful acts and caused an investigation. How many man hours were used at the secretary of state's offices in determining I did nothing wrong?

What a shame that during a time of economic hardship for our state that this woman made such ridiculous allegations and caused money to be spent out of state funds just to have all three accusations denied. These allegations were/are so friviolus in nature, so far off from any fact of law, I believe she should personally be held responsible to pay for the man hours involved.

Here is what Ms. Carla Corbin of the Elections Division in part two of her letter to me, under the heading wrote:

Discussion and Analysis

"The undue influence law is read very narrowly and in this instance we are unable to establish you violated this statute. Fidelity to election law is something this office takes very seriously. We are nevertheless alarmed by the allegations made in this complaint. Candidates for public office hold the public trust and should endeavor to avoid even the appearance of undue influence.

After a review of the information submitted the Elections Division has insufficient evidence to indicate you violated ORS 260.665, ORS 260.695 or ORS 260.432 when you sent a political email to a city of Toledo empolyee's work email and dislayed political material during a City of Toledo council meeting. Not finding a violation of election law, the Elections Division determines this investigation is closed and does ot intend to pursue this matter further."

Ummm... let me just guess what this means... It means I did not vilolate any rule, regulation, or law at the City Council Meeting on Septrember 1, 2010?

It means too, that Ms. Michelle Amberg, our esteemed city manager, does not have a clue on what is allowed or not allowed under Article the First of the United States Constitution or Oregon state law? Failing to find any city rule, regulation, or ordinance, that would stop me from passing out my handmade campaign buttons, she decided to make these silly allegations.

It further means she had no business whatsoever in touching my little basket of hand made campaign buttons, let alone removing them and telling me she was not going to allow me to put them there.

After this all came to some head by way of her complaint and the original letter of inquiry I received from the Secretary of State's Elections Division office the city council during a routine planning or work session appearantly, according to an online posting by Councilman Mark Camara, had dscussion and "decided", but did not decide, he later said after I made post of his original words, understanding the illegality of any decision being made at other than an announced public meeting, that the council supported the city manager in her actions.

I have a message for the highly educated Phd. professor from Providence, R.I: There was already a "meeting" to decide if I had a right to simply leave that basket on the information table in the council chambers, Professor. That meeting was held in 1887 at the Constitutional Convention held to draft and to ratify our constitution.

Some folks in attendance at that "meeting" were afraid sometime in the future a number of items not specifically spelled out would come up if not clarified right then. Rather than start all over with a new document, they simply came up with the first ten ammendments to the constitution and named that document the Bill of Rights.

Those in that city council work or planning session meeting, the city manager too, I believe in the absence of the city attorney, did not, and do not have a clue what the First Amendment, Article the First means.

How many times do we think that a right enumerated in the our constitution is wrong? I'd say at least for me, a few times, but I know messing around with rights enumerated in the constitution is dangerous. Some folks actually thought supporting the city manager's attempt to curtail a right I had on the night of September 1, 2010 was just fine. Of course, taking away a right from someone who is often a pain in your elected or beauracratic ass is an easy solution for some people.

Some Forgotten Boys From South San Gabriel

Airman Second Class Richard Carrell Fuller was just one of the boys from my home town, South San Gabriel, Ca. who had volunteered for military service during the Korean War. My brother Fred Leland had gone to the Navy, my uncle Sam Tisdale went into the US Army, lots of Good Ol' Oakie, Arkie, and Mexican Boys went down and joined the service.
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The reason A2C Richard "Dick" Fuller stands out in my memory was because he was lost in Korea. Missing in Action. Every Sunday our priests would include in our prayers for the deceased and sick of the parish the name of Dick Fuller as Missing in Action.
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Father would tell how Dick was a tail gunner in a B-26B Invader bomber and how his plane had gone down on a night mission over North Korea.
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It seemed forever and almost became "normal" to have Father ask for our prayers for Dick Fuller, still Missing in Action (MIA) in Korea.
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Everyone else I knew, my big brother, my uncle Sam Tisdale, all the other Oakie, Arkie, and Mexican boys made it home, as I recall. Some had been injured, shot, but had recovered. Some came home malfunctioning emotionally from what we were to learn from them had been a terrible war. Some came home scarred by terrible acts committed upon them in communist prisoner of war camps.

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I do not feel at liberty to give the name of one of our returning POW's who never would be the same mentally again and about the terrible brain washing techniques he suffered, to include what we have in the past few years been calling "Water Boarding". Our boys just called it the "water torture" in those days. This technique was determined to be in violation of the Geneva Convention.
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I wanted to remember one of my "big brothers" from Saint Anthony's who gave all tomorrow. Dickie Fuller, like his sisters who were classmates of my older sisters, had fiery red hair and so many freckles you could not begin to say how many. I wanted us all to remember when it was "our boys", our big brothers, our sons, who were the subjects of the horrendous "water torture" and more.
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I wanted, I thought, if I could, to somehow get everyone I know to let it be known that how we treat prisoners, POW's or Enemy Combatants, is how we will allow our own soldiers, Marines, sailors, airmen, to be treated in the future.

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A lot of the guys and gals who served in Korea are gone now, those remaining deserve our thanks still, and those who have passed on deserve to be honored and cherished in our memories as long as we live.

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So, thanks to A2C Richard Carrell Fuller, Dickie, my brother Fred Leland, my uncle Sam, and all the boys from South San Gabriel, Ca, and this whole nation who gave so much for us then and who continued the course set for them by those who had served before them. They served with honor and made us proud.

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The way our POW's were misstreated by the North Koreans, the Soviets, and the Communist Chinese in the prisoner of war camps reached new lows on how POW's would be treated. We dare not allow now the use of the "water torture" ourselves, be it called "water boarding", or be it called by any other name, or any other technique that will be used against our own beloved troops in the future.

Measure No. 70, Some 997,501 voters, 84.32% Are Getting It!

I am humbled this morning. Even though I had announced publicly that I was having to withdraw from the election for Mayor of Toledo, Oregon a couple of weeks ago already due to health and personal issues, either 137 folks did not get the word, or they just plain went ahead and voted for me.



Thank you for your votes.



For myself, the only important vote I cast was on Measure No. 70. This measure strenghtens and provides for the Oregon War Veteran's Fund to be able to continue and expand home loans to our precious veterans.

I am so pleased, yet I also wonder why 15.68% of the voters, 185,561, voted "No". I remember the words of an old politician I knew in Boston who told me that going to the people for a referendum on anything was dangerous. In his opinion, up to 20% of people would somehow vote backwards, opposite, because they were confused, or because they just vote "No' on all referendums.

So, this morning I am myself honored that after pulling out of the election, 137 of you still gave me a vote, and I am thrilled that more than 84% of the people of Oregon voting put their hearts and their money behind our percious veteran's.

These days I am not getting out or able to do much. Just a few simple tasks I am trying to keep up with are all I can do. I hope somehow I will be able to continue here in Toledo to speak out for support for our veterans by way of supporting Commisioner Hall's Work Force Housing concepts that would include a veteran's preference in the application process.

Yes, some folks are getting it!