How to kill the Beast Roaring with Thunder
A little more than two years ago Joe remembers attending a union meeting where the Union said we should offer an initiative petition to prevent reduction of service. It worked. No one got laid off. But now the BRT Beast threatens us all. Joe has some recommendations like what worked last time that can tame or maybe even kill the beast. It will depend on our leaders in the union but these decisions are probably not wanted by the public anymore than we will want them after their effects ravage our membership. If these laws were passed by District voters the BRT cowboys might just have to hang up their spurs. Enjoy these proposal and if you like them let Carol know. Even if the measures are never petitioned, the District might soften their approach in bargaining.
Read below_____________________________________________
An Ordinance of Lane Transit District
Ordinance ____,
Recall of Legislative Actions by the Lane Transit District Board of
Directors Section One: Definitions
Board: shall mean the Lane Transit Board of Directors as appointed by the Governor of the State of Oregon as set forth in ORS Chapter 627.
District: shall mean Lane Transit District.
Legislative Action: shall mean any adoption of any policy, resolution, ordinance, or decision requiring a majority vote of the Board of Directors of Lane Transit District. Legislative action is not meant to include procedural votes such as the adoption of minutes or other rules of order. Legislative action shall include any policy, resolution, ordinance, or decision where the spending or allocation of public funds is involved.
Legislative Action Recall: shall mean that any legislative action as defined by this Ordinance shall be submitted to the voters of the District for approval or rejection my majority if a petitioner submits a Legislative Action Recall Petition with more than 2500 valid signatures of registered voters of the District within 120 days calling for an election on the legislative action taken by the Board at the next scheduled election in Lane County.
Legislative Action Stay: shall mean that any legislative action as defined by this Ordinance shall be enjoined from effect or enforcement immediately if a petitioner submits a Legislative Action Recall Petition with more than 5000 valid signatures of registered voters of the District within 90 days calling for an election to approve or reject the legislative action taken by the Board at the next scheduled election in Lane County.
Legislative Action Recall Petition: shall mean a petition sponsored by a citizen of the state of Oregon to place on the ballot a Legislative Action Recall of the Lane Transit District.
Section Two: District Legislative Actions
A. The Board of Directors of the District shall identify all Legislative Actions as defined by this ordinance in their publicly posted agenda as required by the public meetings law with the following announcement:
"This proposed action of the Board of Directors is subject to the requirements of Ordinance ___ , Recall of Legislative Actions by the Lane Transit District Board of Directors."
B. If the Legislative Action is a funding issue the public announcement must include the following additional language: "This proposed action by the Board of Directors is a funding decision."
Section Three: Requirements of the Lane Transit District Board of Directors
A. The Board of Directors shall not adopt any legislative action for any reason without observing the requirement of this Ordinance. Legislative Actions may be adopted only in the full business meeting or special meetings of the full Board. No Board sub-committee shall be authorized to act upon a Legislative Action that is not then referred to the full Board for Legislative Action.
B. Legislative Actions shall not be overly broad, or contain more than one subject or be developed in such a way as to obscure the clear purpose and intent of the Legislative Action.
C. Legislative Actions shall be numbered in such a manner for easy identification. The numbering method shall include the year and date of the adoption of the Legislative Action by the Board so that potential petitioner and election authorities are easily guided by the number system.
Section Four: Legislative Action Stay Petition
A. If a petitioner submits 5,000 valid District voter signatures within 90 days of a legislative action by the Board, to the County Election authority such Legislative action shall be enjoined from effect or enforcement immediately upon verification of the signatures by the election authority. The cost for such certification shall be born by the District. The Legislative action shall then be scheduled for approval or rejection by voters of the District at the next scheduled election of Lane County.
B. If it is determined the signatures are insufficient to effect a stay of the Legislative action, then the Legislative action may be enforced unless referred to the ballot by Section Four of this Ordinance and recalled by the voters.
C. Failure to obtain the necessary petition signatures within the time limits of this section of the ordinance renders the voter Legislative Action Stay action moot.
Section Five: Legislative Recall Election Petitions
A. If a petitioner submits 2,500 valid District voter signatures within 120 days of a Legislative Action by the Board, to the County Election authority and upon verification of the signatures by the election authority the Legislative action shall then be scheduled for approval or rejection by the voters of the District at the next scheduled election of Lane County. The cost for such certification shall be born by the District.
B. Failure to obtain the necessary petition signatures within the time limits of the ordinance renders the voter recall action moot.
Section Six: – Compliance and Enforcement
A. Violations of this Ordinance by public officials of the District or the Board of Directors shall result in a fine of $1,000 per member per violation and removal from office.
B. Any registered voter or taxpayer of the District may bring complaints of violations of this Ordinance to Lane County District Court.
Section Seven: - Severability and Law Supremacy
A. If any part of this Ordinance is found to be unconstitutional or in violation of state or federal law then the remaining portion of this ordinance shall remain in full effect.
B. In all other matters considered under the provisions of this Ordinance but not articulated, Oregon State and federal law shall be controlling and paramount.
C. Any order from a Oregon or federal Court is exempt from any effect of this ordinance.
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An Ordinance of Lane Transit District
Ordinance ____,
Ordinance for Use of Eminent Domain and Resulting Law Suits
Section One: Definitions
Board: shall mean the Lane Transit Board of Directors as appointed by the Governor of the State of Oregon as set forth in ORS Chapter 627.
District: Shall mean Lane Transit District.
Eminent Domain: Shall mean have the same meaning as defined and understood by ORS Chapter 35.
Section Two: Eminent Domain Actions by the District
A. The Board of Directors of the District shall provide a ninety day notice to any real property owner in a regular meeting of the Board of Directors and by certified mail to the owner where and when the District intends to initiate condemnation proceedings.
B. Notwithstanding the provisions of Chapter 35 (or any successor statute by the Legislative Assembly) if a condemnation action results in a law suit in resistance of the action of a taking of real property, the establishment of an easement, a way of necessity or any other intrusion upon the real property by the District, then such action shall be referred to the voters for approval at the next regularly scheduled election before the condemnation may proceed.
C. If the condemnation action which has resulted in a lawsuit is rejected by the voters, then the District shall not submit the same action to the voters for a period of not less than one full year from the last election decision by the voters.
Section Three Actions of the District Board of Directors
A. The Board of Directors shall not engage in any condemnation action for any reason without observing the requirement of this Ordinance.
B. Condemnation actions may be adopted only in the full business meeting of the Board. No Board sub-committee shall be authorized to act upon a condemnation action.
Section Four: – Compliance and Enforcement
A. Violations of this Ordinance by public officials of the District or the Board of Directors shall result in a fine of $1,000 per member per violation and removal from office.
B. Any registered voter or taxpayer of the District may bring complaints of violations of this Ordinance to Lane County District Court.
Section Five: - Severability and Law Supremacy
A. If any Section of this Ordinance is found to be unconstitutional or in violation of state or federal law then the remaining portion of this ordinance shall remain in full effect.
B. In all other matters considered under the provisions of this Ordinance but not articulated, Oregon State and federal law shall be controlling and paramount.
C. Any order from a Oregon or federal Court is superior to the effects of this ordinance so long as the legislative intent of the voters is not changed by such Orders.
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An Ordinance of Lane Transit District
Ordinance ____,
Ordinance For Rules Covering Procurement of Buses, Other Equipment, and District Debt
Section One: Definitions
Board: shall mean the Lane Transit Board of Directors as appointed by the Governor of the State of Oregon as set forth in ORS Chapter 627.
District: Shall mean Lane Transit District
Equipment: Shall mean any moveable or fixed equipment, including electronic, computer or software applications associated with equipment.
Revenue Vehicle: means any vehicle intended to place in any revenue producing service in the mass transit system of the Lane Transit District.
Section Two: Purchase or Procurement Revenue Vehicles and Equipment
A. The District notwithstanding any other state or federal laws covering the procurement, lease or purchase of revenue vehicles for the District where the unit cost of the vehicle exceeds $750,000 per revenue vehicle unit or equipment as defined by this ordinance, the Board shall first obtain voter approval for such procurement, lease or purchase.
B. Until the District has obtained such voter approval for revenue vehicles or equipment, as defined by this Ordinance, the District may not allocate resources or budgetary authority for such revenue vehicles or equipment.
C. The District shall not enter into any procurement arrangement that purposefully intends to circumvent the limits of this Ordinance, by breaking or dividing purchases or procurement or making any other arrangement to evade the limit requirements of any part of this Ordinance, including the limits for incurring debt.
Section Three: District Debt Requirements
The District shall not enter into any debt or lease arrangement for any purpose or for a term greater than two years or $1,000,000 or both without first obtaining approval of the voters in the next scheduled election.
Section Four: – Compliance and Enforcement
A. Violations of this Ordinance by public officials of the District or the Board of Directors shall result in a fine of $1,000 per member per violation and removal from office.
B. Any registered voter or taxpayer of the District may bring complaints of violations of this Ordinance to Lane County District Court.
Section Five: - Severability and Law Supremacy
A. If any Section of this Ordinance is found to be unconstitutional or in violation of state or federal law then the remaining portion of this ordinance shall remain in full effect.
B. In all other matters considered under the provisions of this Ordinance but not articulated, Oregon State and federal law shall be controlling and paramount.
C. Any order from a Oregon or federal Court is superior to the effects of this ordinance so long as the legislative intent of the voters is not changed by such Orders.
Offered in Solidarity,
Joe Hill
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