By Alex Paul
Linn County Communications
Linn County Commissioners Roger Nyquist, Sherrie Sprenger and Will Tucker agreed at their Tuesday, Sept. 2, meeting to sign onto a joint letter regarding a Complaint for Declaratory Relief filed recently by the Marion County Board of Commissioners in U.S. District Court in Eugene.
The joint letter encourages all the parties in the case to ask the court to issue a detailed opinion that would provide clarity to help all local governments properly follow federal and state laws.
Marion County is seeking clarification concerning federal immigration subpoenas and asks the court to resolve the uncertain interpretation and conflicts within and between federal and state laws by declaring whether Marion County is required, prohibited, or allowed to provide responsive records requested by the federal subpoenas.
In its Complaint for Declaratory Relief, Marion County has named Gov.Tina Kotek, Director of Homeland Security Director Kristi Noem and Immigration and Customs Enforcement Director Todd Lyons in its effort to gain legal clarity.
Linn County Attorney Gene Karandy told the commissioners that 34 of Oregon’s 36 county sheriffs have signed onto a similar letter from the Oregon State Sheriff’s Association. Linn County Sheriff Michelle Duncan is among the 34. The sheriffs in Multnomah and Washington counties have not signed on.
Karandy said the need for clarification is two-fold: failure to obey either the federal laws or Oregon’s sanctuary laws may potentially subject individuals – such as law enforcement officials – to personal legal liabilities. Furthermore, failure to follow the federal laws may also result in a reduction or suspension of federal funding to local, county, and state governments.
Karandy said the issue is about clarity and liability.
Nyquist said clarity is vital to creating a “better working environment for our employees and the safety of our community.”
In other business, the commissioners:
- Approved accepting a 2017 Munson landing craft boat from the Oregon State Marine Board for the Parks and Recreation Department. The boat is valued at $75,000. The boat has a front deck opening that can be raised or lowered. The deck allows the boat to be moved close to shore or a dock for loading or unloading of materials. Estimated cost to transport the boat to Linn County and prep it for use is about $3,000. The Marine Board also recently provided the Parks and Recreation Department with a grant for $12,108 to purchase a trailer for the boat.
- Held a public hearing of a Planning Director’s code interpretation to determine whether a 7.13-acre property off Scravel Hill Road, has road access. After a 90-minute hearing, the commissioners decided to leave the written record open for 14 days for further comments; seven days for written responses to comments; and seven days for applicants to submit written rebuttals. The board will review the comments and work toward a decision at the continued hearing at 10 a.m. on Tuesday, Sept. 30.
- Approved an agreement between the Linn County Sheriff’s Office and the Oregon Department of Transportation. LCSO will use ODOT’s radio building and microwave circuit at the Halls Ridge Communication site near Detroit, Oregon. The cost is $6,879.723 annually, which is built into the current operating budget.
- Agreed to participate in a national opioid settlement agreement among secondary manufacturers. Allocation of proceeds will be determined once all Oregon subdivisions have submitted participation forms.