Full Text Of The 2012 State Of The Union Address

State of the Union 2012: The full text

Associated Press | Posted: Tuesday, January 24, 2012 6:45 pm

Text of President Barack Obama's State of the Union address, as provided by the White House:

Mr. Speaker, Mr. Vice President, members of Congress, distinguished guests and fellow Americans:

Last month, I went to Andrews Air Force Base and welcomed home some of our last troops to serve in Iraq. Together, we offered a final, proud salute to the colors under which more than a million of our fellow citizens fought- and several thousand gave their lives.

We gather tonight knowing that this generation of heroes has made the United States safer and more respected around the world. For the first time in nine years, there are no Americans fighting in Iraq. For the first time in two decades, Osama bin Laden is not a threat to this country. Most of al-Qaida's top lieutenants have been defeated. The Taliban's momentum has been broken, and some troops in Afghanistan have begun to come home.

These achievements are a testament to the courage, selflessness, and teamwork of America's armed forces. At a time when too many of our institutions have let us down, they exceed all expectations. They're not consumed with personal ambition. They don't obsess over their differences. They focus on the mission at hand. They work together.

Imagine what we could accomplish if we followed their example. Think about the America within our reach: A country that leads the world in educating its people. An America that attracts a new generation of high-tech manufacturing and high-paying jobs. A future where we're in control of our own energy, and our security and prosperity aren't so tied to unstable parts of the world. An economy built to last, where hard work pays off, and responsibility is rewarded.

We can do this. I know we can, because we've done it before. At the end of World War II, when another generation of heroes returned home from combat, they built the strongest economy and middle class the world has ever known. My grandfather, a veteran of Patton's army, got the chance to go to college on the GI Bill. My grandmother, who worked on a bomber assembly line, was part of a workforce that turned out the best products on Earth.

The two of them shared the optimism of a nation that had triumphed over a depression and fascism. They understood they were part of something larger; that they were contributing to a story of success that every American had a chance to share - the basic American promise that if you worked hard, you could do well enough to raise a family, own a home, send your kids to college, and put a little away for retirement.

The defining issue of our time is how to keep that promise alive. No challenge is more urgent. No debate is more important. We can either settle for a country where a shrinking number of people do really well, while a growing number of Americans barely get by. Or we can restore an economy where everyone gets a fair shot, everyone does their fair share, and everyone plays by the same set of rules. What's at stake are not Democratic values or Republican values, but American values. We have to reclaim them.

Let's remember how we got here. Long before the recession, jobs and manufacturing began leaving our shores. Technology made businesses more efficient, but also made some jobs obsolete. Folks at the top saw their incomes rise like never before, but most hardworking Americans struggled with costs that were growing, paychecks that weren't, and personal debt that kept piling up.

In 2008, the house of cards collapsed. We learned that mortgages had been sold to people who couldn't afford or understand them. Banks had made huge bets and bonuses with other people's money. Regulators had looked the other way, or didn't have the authority to stop the bad behavior.

It was wrong. It was irresponsible. And it plunged our economy into a crisis that put millions out of work, saddled us with more debt, and left innocent, hard-working Americans holding the bag. In the six months before I took office, we lost nearly four million jobs. And we lost another four million before our policies were in full effect.

Those are the facts. But so are these. In the last 22 months, businesses have created more than three million jobs. Last year, they created the most jobs since 2005. American manufacturers are hiring again, creating jobs for the first time since the late 1990s. Together, we've agreed to cut the deficit by more than $2 trillion. And we've put in place new rules to hold Wall Street accountable, so a crisis like that never happens again.

The state of our union is getting stronger. And we've come too far to turn back now. As long as I'm president, I will work with anyone in this chamber to build on this momentum. But I intend to fight obstruction with action, and I will oppose any effort to return to the very same policies that brought on this economic crisis in the first place.

No, we will not go back to an economy weakened by outsourcing, bad debt, and phony financial profits. Tonight, I want to speak about how we move forward, and lay out a blueprint for an economy that's built to last- an economy built on American manufacturing, American energy, skills for American workers, and a renewal of American values.

This blueprint begins with American manufacturing.

On the day I took office, our auto industry was on the verge of collapse. Some even said we should let it die. With a million jobs at stake, I refused to let that happen. In exchange for help, we demanded responsibility. We got workers and automakers to settle their differences. We got the industry to retool and restructure. Today, General Motors is back on top as the world's number one automaker. Chrysler has grown faster in the U.S. than any major car company. Ford is investing billions in U.S. plants and factories. And together, the entire industry added nearly 160,000 jobs.

We bet on American workers. We bet on American ingenuity. And tonight, the American auto industry is back.

What's happening in Detroit can happen in other industries. It can happen in Cleveland and Pittsburgh and Raleigh. We can't bring back every job that's left our shores. But right now, it's getting more expensive to do business in places like China. Meanwhile, America is more productive. A few weeks ago, the CEO of Master Lock told me that it now makes business sense for him to bring jobs back home. Today, for the first time in 15 years, Master Lock's unionized plant in Milwaukee is running at full capacity.

So we have a huge opportunity, at this moment, to bring manufacturing back. But we have to seize it. Tonight, my message to business leaders is simple: Ask yourselves what you can do to bring jobs back to your country, and your country will do everything we can to help you succeed.

We should start with our tax code. Right now, companies get tax breaks for moving jobs and profits overseas. Meanwhile, companies that choose to stay in America get hit with one of the highest tax rates in the world. It makes no sense, and everyone knows it.

So let's change it. First, if you're a business that wants to outsource jobs, you shouldn't get a tax deduction for doing it. That money should be used to cover moving expenses for companies like Master Lock that decide to bring jobs home.

Second, no American company should be able to avoid paying its fair share of taxes by moving jobs and profits overseas. From now on, every multinational company should have to pay a basic minimum tax. And every penny should go towards lowering taxes for companies that choose to stay here and hire here.

Third, if you're an American manufacturer, you should get a bigger tax cut. If you're a high-tech manufacturer, we should double the tax deduction you get for making products here. And if you want to relocate in a community that was hit hard when a factory left town, you should get help financing a new plant, equipment, or training for new workers.

My message is simple. It's time to stop rewarding businesses that ship jobs overseas, and start rewarding companies that create jobs right here in America. Send me these tax reforms, and I'll sign them right away.

We're also making it easier for American businesses to sell products all over the world. Two years ago, I set a goal of doubling U.S. exports over five years. With the bipartisan trade agreements I signed into law, we are on track to meet that goal - ahead of schedule. Soon, there will be millions of new customers for American goods in Panama, Colombia, and South Korea. Soon, there will be new cars on the streets of Seoul imported from Detroit, and Toledo, and Chicago.

I will go anywhere in the world to open new markets for American products. And I will not stand by when our competitors don't play by the rules. We've brought trade cases against China at nearly twice the rate as the last administration- and it's made a difference. Over a thousand Americans are working today because we stopped a surge in Chinese tires. But we need to do more. It's not right when another country lets our movies, music, and software be pirated. It's not fair when foreign manufacturers have a leg up on ours only because they're heavily subsidized.

Tonight, I'm announcing the creation of a Trade Enforcement Unit that will be charged with investigating unfair trade practices in countries like China. There will be more inspections to prevent counterfeit or unsafe goods from crossing our borders. And this Congress should make sure that no foreign company has an advantage over American manufacturing when it comes to accessing finance or new markets like Russia. Our workers are the most productive on Earth, and if the playing field is level, I promise you- America will always win.

I also hear from many business leaders who want to hire in the United States but can't find workers with the right skills. Growing industries in science and technology have twice as many openings as we have workers who can do the job. Think about that- openings at a time when millions of Americans are looking for work.

That's inexcusable. And we know how to fix it.

Jackie Bray is a single mom from North Carolina who was laid off from her job as a mechanic. Then Siemens opened a gas turbine factory in Charlotte, and formed a partnership with Central Piedmont Community College. The company helped the college design courses in laser and robotics training. It paid Jackie's tuition, then hired her to help operate their plant.

I want every American looking for work to have the same opportunity as Jackie did. Join me in a national commitment to train two million Americans with skills that will lead directly to a job. My administration has already lined up more companies that want to help. Model partnerships between businesses like Siemens and community colleges in places like Charlotte, Orlando, and Louisville are up and running. Now you need to give more community colleges the resources they need to become community career centers- places that teach people skills that local businesses are looking for right now, from data management to high-tech manufacturing.

And I want to cut through the maze of confusing training programs, so that from now on, people like Jackie have one program, one website, and one place to go for all the information and help they need. It's time to turn our unemployment system into a reemployment system that puts people to work.

These reforms will help people get jobs that are open today. But to prepare for the jobs of tomorrow, our commitment to skills and education has to start earlier.

For less than one percent of what our nation spends on education each year, we've convinced nearly every state in the country to raise their standards for teaching and learning- the first time that's happened in a generation.

But challenges remain. And we know how to solve them.

At a time when other countries are doubling down on education, tight budgets have forced states to lay off thousands of teachers. We know a good teacher can increase the lifetime income of a classroom by over $250,000. A great teacher can offer an escape from poverty to the child who dreams beyond his circumstance. Every person in this chamber can point to a teacher who changed the trajectory of their lives. Most teachers work tirelessly, with modest pay, sometimes digging into their own pocket for school supplies- just to make a difference.

Teachers matter. So instead of bashing them, or defending the status quo, let's offer schools a deal. Give them the resources to keep good teachers on the job, and reward the best ones. In return, grant schools flexibility: To teach with creativity and passion; to stop teaching to the test; and to replace teachers who just aren't helping kids learn.

We also know that when students aren't allowed to walk away from their education, more of them walk the stage to get their diploma. So tonight, I call on every State to require that all students stay in high school until they graduate or turn eighteen.

When kids do graduate, the most daunting challenge can be the cost of college. At a time when Americans owe more in tuition debt than credit card debt, this Congress needs to stop the interest rates on student loans from doubling in July. Extend the tuition tax credit we started that saves middle-class families thousands of dollars. And give more young people the chance to earn their way through college by doubling the number of work-study jobs in the next five years.

Of course, it's not enough for us to increase student aid. We can't just keep subsidizing skyrocketing tuition; we'll run out of money. States also need to do their part, by making higher education a higher priority in their budgets. And colleges and universities have to do their part by working to keep costs down. Recently, I spoke with a group of college presidents who've done just that. Some schools re-design courses to help students finish more quickly. Some use better technology. The point is, it's possible. So let me put colleges and universities on notice: If you can't stop tuition from going up, the funding you get from taxpayers will go down. Higher education can't be a luxury- it's an economic imperative that every family in America should be able to afford.

Let's also remember that hundreds of thousands of talented, hardworking students in this country face another challenge: The fact that they aren't yet American citizens. Many were brought here as small children, are American through and through, yet they live every day with the threat of deportation. Others came more recently, to study business and science and engineering, but as soon as they get their degree, we send them home to invent new products and create new jobs somewhere else.

That doesn't make sense.

I believe as strongly as ever that we should take on illegal immigration. That's why my Administration has put more boots on the border than ever before. That's why there are fewer illegal crossings than when I took office.

The opponents of action are out of excuses. We should be working on comprehensive immigration reform right now. But if election-year politics keeps Congress from acting on a comprehensive plan, let's at least agree to stop expelling responsible young people who want to staff our labs, start new businesses, and defend this country. Send me a law that gives them the chance to earn their citizenship. I will sign it right away.

You see, an economy built to last is one where we encourage the talent and ingenuity of every person in this country. That means women should earn equal pay for equal work. It means we should support everyone who's willing to work; and every risk-taker and entrepreneur who aspires to become the next Steve Jobs.

After all, innovation is what America has always been about. Most new jobs are created in start-ups and small businesses. So let's pass an agenda that helps them succeed. Tear down regulations that prevent aspiring entrepreneurs from getting the financing to grow. Expand tax relief to small businesses that are raising wages and creating good jobs. Both parties agree on these ideas. So put them in a bill, and get it on my desk this year.

Innovation also demands basic research. Today, the discoveries taking place in our federally-financed labs and universities could lead to new treatments that kill cancer cells but leave healthy ones untouched. New lightweight vests for cops and soldiers that can stop any bullet. Don't gut these investments in our budget. Don't let other countries win the race for the future. Support the same kind of research and innovation that led to the computer chip and the Internet; to new American jobs and new American industries.

Nowhere is the promise of innovation greater than in American-made energy. Over the last three years, we've opened millions of new acres for oil and gas exploration, and tonight, I'm directing my administration to open more than 75 percent of our potential offshore oil and gas resources. Right now, American oil production is the highest that it's been in eight years. That's right - eight years. Not only that - last year, we relied less on foreign oil than in any of the past sixteen years.

But with only 2 percent of the world's oil reserves, oil isn't enough. This country needs an all-out, all-of-the-above strategy that develops every available source of American energy- a strategy that's cleaner, cheaper, and full of new jobs.

We have a supply of natural gas that can last America nearly one hundred years, and my administration will take every possible action to safely develop this energy. Experts believe this will support more than 600,000 jobs by the end of the decade. And I'm requiring all companies that drill for gas on public lands to disclose the chemicals they use. America will develop this resource without putting the health and safety of our citizens at risk.

The development of natural gas will create jobs and power trucks and factories that are cleaner and cheaper, proving that we don't have to choose between our environment and our economy. And by the way, it was public research dollars, over the course of 30 years, that helped develop the technologies to extract all this natural gas out of shale rock- reminding us that Government support is critical in helping businesses get new energy ideas off the ground.

What's true for natural gas is true for clean energy. In three years, our partnership with the private sector has already positioned America to be the world's leading manufacturer of high-tech batteries. Because of federal investments, renewable energy use has nearly doubled. And thousands of Americans have jobs because of it.

When Bryan Ritterby was laid off from his job making furniture, he said he worried that at 55, no one would give him a second chance. But he found work at Energetx, a wind turbine manufacturer in Michigan. Before the recession, the factory only made luxury yachts. Today, it's hiring workers like Bryan, who said, "I'm proud to be working in the industry of the future."

Our experience with shale gas shows us that the payoffs on these public investments don't always come right away. Some technologies don't pan out; some companies fail. But I will not walk away from the promise of clean energy. I will not walk away from workers like Bryan. I will not cede the wind or solar or battery industry to China or Germany because we refuse to make the same commitment here. We have subsidized oil companies for a century. That's long enough. It's time to end the taxpayer giveaways to an industry that's rarely been more profitable, and double-down on a clean energy industry that's never been more promising. Pass clean energy tax credits and create these jobs.

We can also spur energy innovation with new incentives. The differences in this chamber may be too deep right now to pass a comprehensive plan to fight climate change. But there's no reason why Congress shouldn't at least set a clean energy standard that creates a market for innovation. So far, you haven't acted. Well tonight, I will. I'm directing my Administration to allow the development of clean energy on enough public land to power three million homes. And I'm proud to announce that the Department of Defense, the world's largest consumer of energy, will make one of the largest commitments to clean energy in history - with the navy purchasing enough capacity to power a quarter of a million homes a year.

Of course, the easiest way to save money is to waste less energy. So here's another proposal: Help manufacturers eliminate energy waste in their factories and give businesses incentives to upgrade their buildings. Their energy bills will be $100 billion lower over the next decade, and America will have less pollution, more manufacturing, and more jobs for construction workers who need them. Send me a bill that creates these jobs.

Building this new energy future should be just one part of a broader agenda to repair America's infrastructure. So much of America needs to be rebuilt. We've got crumbling roads and bridges. A power grid that wastes too much energy. An incomplete high-speed broadband network that prevents a small business owner in rural America from selling her products all over the world.

During the Great Depression, America built the Hoover Dam and the Golden Gate Bridge. After World War II, we connected our states with a system of highways. Democratic and Republican administrations invested in great projects that benefited everybody, from the workers who built them to the businesses that still use them today.

In the next few weeks, I will sign an executive order clearing away the red tape that slows down too many construction projects. But you need to fund these projects. Take the money we're no longer spending at war, use half of it to pay down our debt, and use the rest to do some nation-building right here at home.

There's never been a better time to build, especially since the construction industry was one of the hardest-hit when the housing bubble burst. Of course, construction workers weren't the only ones hurt. So were millions of innocent Americans who've seen their home values decline. And while Government can't fix the problem on its own, responsible homeowners shouldn't have to sit and wait for the housing market to hit bottom to get some relief.

That's why I'm sending this Congress a plan that gives every responsible homeowner the chance to save about $3,000 a year on their mortgage, by refinancing at historically low interest rates. No more red tape. No more runaround from the banks. A small fee on the largest financial institutions will ensure that it won't add to the deficit, and will give banks that were rescued by taxpayers a chance to repay a deficit of trust.

Let's never forget: Millions of Americans who work hard and play by the rules every day deserve a government and a financial system that do the same. It's time to apply the same rules from top to bottom: No bailouts, no handouts, and no copouts. An America built to last insists on responsibility from everybody.

We've all paid the price for lenders who sold mortgages to people who couldn't afford them, and buyers who knew they couldn't afford them. That's why we need smart regulations to prevent irresponsible behavior. Rules to prevent financial fraud, or toxic dumping, or faulty medical devices, don't destroy the free market. They make the free market work better.

There is no question that some regulations are outdated, unnecessary, or too costly. In fact, I've approved fewer regulations in the first three years of my presidency than my Republican predecessor did in his. I've ordered every federal agency to eliminate rules that don't make sense. We've already announced over 500 reforms, and just a fraction of them will save business and citizens more than $10 billion over the next five years. We got rid of one rule from 40 years ago that could have forced some dairy farmers to spend $10,000 a year proving that they could contain a spill- because milk was somehow classified as an oil. With a rule like that, I guess it was worth crying over spilled milk.

I'm confident a farmer can contain a milk spill without a federal agency looking over his shoulder. But I will not back down from making sure an oil company can contain the kind of oil spill we saw in the gulf two years ago. I will not back down from protecting our kids from mercury pollution, or making sure that our food is safe and our water is clean. I will not go back to the days when health insurance companies had unchecked power to cancel your policy, deny you coverage, or charge women differently from men.

And I will not go back to the days when Wall Street was allowed to play by its own set of rules. The new rules we passed restore what should be any financial system's core purpose: Getting funding to entrepreneurs with the best ideas, and getting loans to responsible families who want to buy a home, start a business, or send a kid to college.

So if you're a big bank or financial institution, you are no longer allowed to make risky bets with your customers' deposits. You're required to write out a "living will" that details exactly how you'll pay the bills if you fail - because the rest of us aren't bailing you out ever again. And if you're a mortgage lender or a payday lender or a credit card company, the days of signing people up for products they can't afford with confusing forms and deceptive practices are over. Today, American consumers finally have a watchdog in Richard Cordray with one job: To look out for them.

We will also establish a Financial Crimes Unit of highly trained investigators to crack down on large-scale fraud and protect people's investments. Some financial firms violate major anti-fraud laws because there's no real penalty for being a repeat offender. That's bad for consumers, and it's bad for the vast majority of bankers and financial service professionals who do the right thing. So pass legislation that makes the penalties for fraud count.

And tonight, I am asking my Attorney General to create a special unit of federal prosecutors and leading state attorneys general to expand our investigations into the abusive lending and packaging of risky mortgages that led to the housing crisis. This new unit will hold accountable those who broke the law, speed assistance to homeowners, and help turn the page on an era of recklessness that hurt so many Americans.

A return to the American values of fair play and shared responsibility will help us protect our people and our economy. But it should also guide us as we look to pay down our debt and invest in our future.

Right now, our most immediate priority is stopping a tax hike on 160 million working Americans while the recovery is still fragile. People cannot afford losing $40 out of each paycheck this year. There are plenty of ways to get this done. So let's agree right here, right now: No side issues. No drama. Pass the payroll tax cut without delay.

When it comes to the deficit, we've already agreed to more than $2 trillion in cuts and savings. But we need to do more, and that means making choices. Right now, we're poised to spend nearly $1 trillion more on what was supposed to be a temporary tax break for the wealthiest 2 percent of Americans. Right now, because of loopholes and shelters in the tax code, a quarter of all millionaires pay lower tax rates than millions of middle-class households. Right now, Warren Buffett pays a lower tax rate than his secretary.

Do we want to keep these tax cuts for the wealthiest Americans? Or do we want to keep our investments in everything else- like education and medical research; a strong military and care for our veterans? Because if we're serious about paying down our debt, we can't do both.

The American people know what the right choice is. So do I. As I told the Speaker this summer, I'm prepared to make more reforms that rein in the long term costs of Medicare and Medicaid, and strengthen Social Security, so long as those programs remain a guarantee of security for seniors.

But in return, we need to change our tax code so that people like me, and an awful lot of Members of Congress, pay our fair share of taxes. Tax reform should follow the Buffett rule: If you make more than $1 million a year, you should not pay less than 30 percent in taxes. And my Republican friend Tom Coburn is right: Washington should stop subsidizing millionaires. In fact, if you're earning a million dollars a year, you shouldn't get special tax subsidies or deductions. On the other hand, if you make under $250,000 a year, like 98 percent of American families, your taxes shouldn't go up. You're the ones struggling with rising costs and stagnant wages. You're the ones who need relief.

Now, you can call this class warfare all you want. But asking a billionaire to pay at least as much as his secretary in taxes? Most Americans would call that common sense.

We don't begrudge financial success in this country. We admire it. When Americans talk about folks like me paying my fair share of taxes, it's not because they envy the rich. It's because they understand that when I get tax breaks I don't need and the country can't afford, it either adds to the deficit, or somebody else has to make up the difference- like a senior on a fixed income; or a student trying to get through school; or a family trying to make ends meet. That's not right. Americans know it's not right. They know that this generation's success is only possible because past generations felt a responsibility to each other, and to their country's future, and they know our way of life will only endure if we feel that same sense of shared responsibility. That's how we'll reduce our deficit. That's an America built to last.

I recognize that people watching tonight have differing views about taxes and debt; energy and health care. But no matter what party they belong to, I bet most Americans are thinking the same thing right now: Nothing will get done this year, or next year, or maybe even the year after that, because Washington is broken.

Can you blame them for feeling a little cynical?

The greatest blow to confidence in our economy last year didn't come from events beyond our control. It came from a debate in Washington over whether the United States would pay its bills or not. Who benefited from that fiasco?

I've talked tonight about the deficit of trust between Main Street and Wall Street. But the divide between this city and the rest of the country is at least as bad- and it seems to get worse every year.

Some of this has to do with the corrosive influence of money in politics. So together, let's take some steps to fix that. Send me a bill that bans insider trading by Members of Congress, and I will sign it tomorrow. Let's limit any elected official from owning stocks in industries they impact. Let's make sure people who bundle campaign contributions for Congress can't lobby Congress, and vice versa - an idea that has bipartisan support, at least outside of Washington.

Some of what's broken has to do with the way Congress does its business these days. A simple majority is no longer enough to get anything- even routine business - passed through the Senate. Neither party has been blameless in these tactics. Now both parties should put an end to it. For starters, I ask the Senate to pass a rule that all judicial and public service nominations receive a simple up or down vote within 90 days.

The executive branch also needs to change. Too often, it's inefficient, outdated and remote. That's why I've asked this Congress to grant me the authority to consolidate the federal bureaucracy so that our Government is leaner, quicker, and more responsive to the needs of the American people.

Finally, none of these reforms can happen unless we also lower the temperature in this town. We need to end the notion that the two parties must be locked in a perpetual campaign of mutual destruction; that politics is about clinging to rigid ideologies instead of building consensus around common sense ideas.

I'm a Democrat. But I believe what Republican Abraham Lincoln believed: That Government should do for people only what they cannot do better by themselves, and no more. That's why my education reform offers more competition, and more control for schools and States. That's why we're getting rid of regulations that don't work. That's why our health care law relies on a reformed private market, not a Government program.

On the other hand, even my Republican friends who complain the most about Government spending have supported federally-financed roads, and clean energy projects, and federal offices for the folks back home.

The point is, we should all want a smarter, more effective Government. And while we may not be able to bridge our biggest philosophical differences this year, we can make real progress. With or without this Congress, I will keep taking actions that help the economy grow. But I can do a whole lot more with your help. Because when we act together, there is nothing the United States of America can't achieve.

That is the lesson we've learned from our actions abroad over the last few years.

Ending the Iraq war has allowed us to strike decisive blows against our enemies. From Pakistan to Yemen, the al-Qaida operatives who remain are scrambling, knowing that they can't escape the reach of the United States of America.

From this position of strength, we've begun to wind down the war in Afghanistan. Ten thousand of our troops have come home. Twenty-three thousand more will leave by the end of this summer. This transition to Afghan lead will continue, and we will build an enduring partnership with Afghanistan, so that it is never again a source of attacks against America.

As the tide of war recedes, a wave of change has washed across the Middle East and North Africa, from Tunis to Cairo; from Sana'a to Tripoli. A year ago, Qadhafi was one of the world's longest-serving dictators- a murderer with American blood on his hands. Today, he is gone. And in Syria, I have no doubt that the Assad regime will soon discover that the forces of change can't be reversed, and that human dignity can't be denied.

How this incredible transformation will end remains uncertain. But we have a huge stake in the outcome. And while it is ultimately up to the people of the region to decide their fate, we will advocate for those values that have served our own country so well. We will stand against violence and intimidation. We will stand for the rights and dignity of all human beings- men and women; Christians, Muslims, and Jews. We will support policies that lead to strong and stable democracies and open markets, because tyranny is no match for liberty.

And we will safeguard America's own security against those who threaten our citizens, our friends, and our interests. Look at Iran. Through the power of our diplomacy, a world that was once divided about how to deal with Iran's nuclear program now stands as one. The regime is more isolated than ever before; its leaders are faced with crippling sanctions, and as long as they shirk their responsibilities, this pressure will not relent. Let there be no doubt: America is determined to prevent Iran from getting a nuclear weapon, and I will take no options off the table to achieve that goal. But a peaceful resolution of this issue is still possible, and far better, and if Iran changes course and meets its obligations, it can rejoin the community of nations.

The renewal of American leadership can be felt across the globe. Our oldest alliances in Europe and Asia are stronger than ever. Our ties to the Americas are deeper. Our iron-clad commitment to Israel's security has meant the closest military cooperation between our two countries in history. We've made it clear that America is a Pacific power, and a new beginning in Burma has lit a new hope. From the coalitions we've built to secure nuclear materials, to the missions we've led against hunger and disease; from the blows we've dealt to our enemies; to the enduring power of our moral example, America is back.

Anyone who tells you otherwise, anyone who tells you that America is in decline or that our influence has waned, doesn't know what they're talking about. That's not the message we get from leaders around the world, all of whom are eager to work with us. That's not how people feel from Tokyo to Berlin; from Cape Town to Rio; where opinions of America are higher than they've been in years. Yes, the world is changing; no, we can't control every event. But America remains the one indispensable nation in world affairs- and as long as I'm President, I intend to keep it that way.

That's why, working with our military leaders, I have proposed a new defense strategy that ensures we maintain the finest military in the world, while saving nearly half a trillion dollars in our budget. To stay one step ahead of our adversaries, I have already sent this Congress legislation that will secure our country from the growing danger of cyber-threats.

Above all, our freedom endures because of the men and women in uniform who defend it. As they come home, we must serve them as well as they served us. That includes giving them the care and benefits they have earned- which is why we've increased annual VA spending every year I've been President. And it means enlisting our veterans in the work of rebuilding our Nation.

With the bipartisan support of this Congress, we are providing new tax credits to companies that hire vets. Michelle and Jill Biden have worked with American businesses to secure a pledge of 135,000 jobs for veterans and their families. And tonight, I'm proposing a Veterans Job Corps that will help our communities hire veterans as cops and firefighters, so that America is as strong as those who defend her.

Which brings me back to where I began. Those of us who've been sent here to serve can learn from the service of our troops. When you put on that uniform, it doesn't matter if you're black or white; Asian or Latino; conservative or liberal; rich or poor; gay or straight. When you're marching into battle, you look out for the person next to you, or the mission fails. When you're in the thick of the fight, you rise or fall as one unit, serving one Nation, leaving no one behind.

One of my proudest possessions is the flag that the SEAL Team took with them on the mission to get bin Laden. On it are each of their names. Some may be Democrats. Some may be Republicans. But that doesn't matter. Just like it didn't matter that day in the Situation Room, when I sat next to Bob Gates- a man who was George Bush's defense secretary; and Hillary Clinton, a woman who ran against me for president.

All that mattered that day was the mission. No one thought about politics. No one thought about themselves. One of the young men involved in the raid later told me that he didn't deserve credit for the mission. It only succeeded, he said, because every single member of that unit did their job- the pilot who landed the helicopter that spun out of control; the translator who kept others from entering the compound; the troops who separated the women and children from the fight; the SEALs who charged up the stairs. More than that, the mission only succeeded because every member of that unit trusted each other- because you can't charge up those stairs, into darkness and danger, unless you know that there's someone behind you, watching your back.

So it is with America. Each time I look at that flag, I'm reminded that our destiny is stitched together like those fifty stars and those 13 stripes. No one built this country on their own. This Nation is great because we built it together. This Nation is great because we worked as a team. This Nation is great because we get each other's backs. And if we hold fast to that truth, in this moment of trial, there is no challenge too great; no mission too hard. As long as we're joined in common purpose, as long as we maintain our common resolve, our journey moves forward, our future is hopeful, and the state of our Union will always be strong.

Thank you, God bless you, and may God bless the United States of America.

Houston Based, Kellogg, Brown And Root Involved In International LNG Bribery Prosecution And $54 Million In Fines

Monday, January 23, 2012Last Update: 9:53 AM PT
Courthouse News.Com
U.S. Nets $54 Million Fine for Overseas Bribery

HOUSTON (CN) - Japanese conglomerate Marubeni Corp. will pay $54.6 million to resolve federal charges that it bribed Nigerian government officials for a decade to get engineering, procurement and construction contracts. In a deferred-prosecution agreement and criminal information, prosecutors accused Marubeni of conspiracy and aiding and abetting violations of the Foreign Corrupt Practices Act.

Read Full Courthouse News Report

Clatsop County Planning Commission To Hold Strategic Plan Workshop, January 27th

Clatsop County Community Relations
Friday, Jan. 20, 2012

PLANNING COMMISSION REVIEWS STRATEGIC PLAN JAN. 27

The Clatsop County Planning Commission will hold a public workshop on the draft Clatsop County Strategic Plan on Friday, Jan. 27 beginning at 1:30 p.m. at 800 Exchange, Suite 430, Astoria.

The strategic plan is a compilation of 42 capital, planning and other major projects envisioned for the county.

To view the draft strategic plan and planning commission workshop agenda go to the Land Use Planning page at www.co.clatsop.or.us.

The Jan. 27 event is not a public hearing but the planning commission chairperson may take public comment at the panel’s discretion.

Development of the plan, a key goal of the board of commissioners, is intended to provide a framework for planning and pursuing the various major projects proposed by the county. The document lists projects already underway, including the Ensign Lane extension at the North Coast Business Park, Highway 101 flooding solution and Emergency Operations Center addition, as well as future initiatives such as the county comprehensive plan update, Clatsop Plains wastewater solution and multi-agency public works facility. The plan also includes the projects’ cost, potential funding sources and estimated time for completion.

The plan will go before the county board of commissioners, who will prioritize the projects under multiple criteria including public need, funding availability and cost/benefit review.

To view the draft strategic plan and planning commission workshop agenda go to the Land Use Planning page at www.co.clatsop.or.us.

Released by:Tom Bennett
Community Relations Coordinator
(503) 338-3622

Clatsop County Pilot Project Provides Assistance To Limited Visibility Voters

Clatsop County Community Relations
Friday, Jan. 20, 2012

iPAD BALLOTING PROGRAM OFFERED TO SPECIAL-NEEDS VOTERS

Clatsop County is part of a state pilot project utilizing iPad portable computers to assist voters with limited visibility or other issues causing them difficulty filling out their mail-in ballots for the Jan. 31 special election.

Under the program, an election worker brings the device to the voter, who calls up his or her ballot, taps the screen to make a selection, then prints out the ballot on a portable printer. The ballot can then be mailed to or dropped off at the elections office.

Multiple attachments and apps, including screen readers, are available to make the devices usable for as many people as possible.

For more information and to participate in this service, contact the county Elections Division at (503) 325-8511.

The division is also conducting a public certification test of its ballot-counting machine at 9 a.m. Tuesday, Jan. 24 at the Judge Guy Boyington Building. This test is routinely performed prior to county elections and the public is invited to observe the process.

Ballots for the election – to choose a new representative for the District 1 Congressional seat – are due at the Clatsop County Elections Division on Jan. 31.

Voters should note that postage will increase effective Sunday, Jan. 22, and should make sure to have adequate postage when mailing in their ballots. The new rate for a standard letter envelope will be 45 cents.

Completed ballots can also be dropped at the following sites by 8 p.m. on Election Day:

· Clatsop County Clerk’s Office, Public Services Building, 820 Exchange St., Astoria -or- 24-hour drop box in front of office.

· Cannon Beach City Hall, 163 Gower St., Cannon Beach

· Seaside City Hall, 989 Broadway, Seaside

· Warrenton City Hall, 225 S. Main Ave., Warrenton

· Knappa High School, 41535 Old Highway 30, Knappa

· Gearhart City Hall, 698 Pacific Way, Gearhart

· Mist-Birkenfeld Fire Hall, 12525 Oregon Highway 202

· Clatskanie Library, 11 Lillich St., Clatskanie

Ballots that are mailed in must be received by Election Day – postmarks do not count.

For more information contact the Clerk and Elections Office at (503) 325-8511 or go to the Clatsop County website, www.co.clatsop.or.us and click on “Jan. 31 Special General Election.”

Released by:Tom Bennett
Community Relations Coordinator
(503) 338-3622

Oregon LNG Responds To FERC's Request For Additonal Information

Go To This FERC Page And Click On CP09-7

Coos Bay's Massive Oregon DSL Dredging Permit Challenged!

Permit opens the door to dirty and dangerous fossil fuel exports in OregonCoos Bay, OR.

E News Park Forest-January 18, 2012.

A coalition of local residents, grassroots environmental and clean-energy groups today filed an appeal of the Oregon Department of State Lands’ decision to issue a dredging permit for the Port of Coos Bay that would allow the Port to export dirty coal and liquefied natural gas (LNG).

Read Full Article

Sunset Lake RV Park Appeal Goes To County Board Of Commissioners January 25th

Clatsop CountyCommunity Relations
Thursday, Jan. 19, 2012

APPEAL OF SUNSET LAKE RV PARK CITATION GOES TO COMMISSIONERS JAN. 25

The Clatsop County Board of Commissioners will consider action on a citation filed by the county last year against the owners of the Sunset Lake Resort and RV Park for numerous code violations.

The issue is on the agenda for the board’s Jan. 25 meeting beginning at 6 p.m. at the Judge Guy Boyington Building, 857 Commercial St., Astoria.

Sunset Lake Resort owners, Resources Northwest Inc. and Ken Hick, have filed an appeal against a Dec. 16 ruling by a county hearings officer, Paul Elsner, who upheld the original citation and ordered the owners to pay a $4,200 fine and abide by rules governing the number and siting of units at the park.

On Jan. 25 the commissioners will consider whether to uphold the hearings officer ruling without review, conduct their own hearing on the existing record, or conduct a “de novo” hearing allowing new information.

The county issued Hick a compliance order last June for multiple violations of county codes including allowing too many permanent dwellings on the property, as well as allowing recreational vehicles to be used as dwelling units without proper utility connections.

Hick and Resources Northwest Inc. challenged the county order on the grounds that the park was “grandfathered in” as a legal, nonconforming use and does not have to abide by existing county zoning rules on number, density and location of units and other requirements.

Under Elsner’s order, the owners have until Feb. 1, 2012 to reduce the number of units to the approved maximum, have them lawfully connected to water, sewer and electrical systems, and pay all necessary permit fees.

Released by:Tom Bennett
Community Relations Coordinator
(503) 338-3622

National Weather Service Warns Of Heavy North Coast Winds 4a.m. To 4p.m. Wednesday

Clatsop County Community Relations

Tuesday, Jan. 17, 2012

HEAVY WINDS FORECAST FOR NORTH OREGON COAST

A strong Pacific
storm is forecast to bring heavy winds to Clatsop County and the North Oregon
Coast beginning early Wednesday morning.
The National Weather Service has issued a high wind warning for 4 a.m. to 4 p.m. Wednesday , January 18.

Sustained winds of 50 mph, with gusts up to 80 mph, are expected for the coast
and Coast Range. The storm is also forecast to bring 10 to 20 inches of
additional snow to the Coast Range, with the possibility of some snow at lower elevations.

The weather service
has also issued a coastal flood advisory for the North Coast Oregon. Some
flooding is possible in low-lying areas along the shore.

To get the latest
weather information go to www.noaa.gov/pqr.

For road conditions
go to www.tripcheck.com

For winter weather
preparation tips, go to www.co.clatsop.or.us

Released by: Tom Bennett
Community Relations Coordinator
(503) 338-3622

Special Elections Ballot Due Back In By 8:00 pm, January 31, 2012

Tuesday, Jan. 17, 2012

SPECIAL ELECTION BALLOTS DUE IN JAN. 31

Ballots for the
special election mailed out last week to county voters are due at the Clatsop
County Elections Division on Jan. 31.
The election is for
the vacant District 1 Congressional seat.
Completed ballots can
be dropped at the following sites by 8 p.m. on Election Day:
· Clatsop County
Clerk’s Office, Public Services Building, 820 Exchange St., Astoria -or-
24-hour drop box in front of office.
· Cannon Beach City
Hall, 163 Gower St., Cannon Beach
· Seaside City Hall,
989 Broadway, Seaside
· Warrenton City Hall,
225 S. Main Ave., Warrenton
· Knappa High School,
41535 Old Highway 30, Knappa
· Gearhart City Hall,
698 Pacific Way, Gearhart
· Mist-Birkenfeld Fire
Hall, 12525 Oregon Highway 202
· Clatskanie Library,
11 Lillich St., Clatskanie
Ballots that are
mailed in must be received by Election Day – postmarks do not count.
For more information
contact the Clerk and Elections Office at (503) 325-8511 or go to the Clatsop
County website, http://www.co.clatsop.or.us/ and click on “Jan.
31 Special General Election.”

Released by: Tom Bennett
Community Relations Coordinator
(503) 338-3622

A Clatsop County P.U.D.? Can We Survive Off The Grid?

Columbia River P.U.D., which incorporates the St. Helens area in Columbia County does it.

Can Clatsop County?

It seems our Clatsop County Board of Commissioners wants to explore the potential.

Do we have the resources to stand on our own and control our own energy self-sufficiency?

Here's some information on how our neighbor does it.....Columbia River P.U.D.

Annual U.S. Budget Explained On A Note Card

Astoria School District Board Passes Authorizing Resolution To Refinance Voter Approved General Obligation Bonds

DATE: JANUARY 12, 2012

Astoria School District Board of Directors passed an authorizing resolution at their January 11, 2012 board meeting to begin the refinancing of the $21,465,000 in voter-approved general obligation bonds. The refinancing of the voter approved bonds could result in a savings to taxpayers property taxes of between $1.2 million to $1.4 million.

The bonds to be refinanced are part of the district’s 2000 bond initiative that received 58 percent voter approval. The bonds were used for remodeling of Astor Elementary, Astoria Middle School, Astoria High School, and Gray School. The bonds also were used to build the current Lewis and Clark Elementary,

Astoria High School Gym, and Astoria High School Applied Science Center.

The Astoria School District Board of Directors is committed to supporting patrons in our community during these difficult economic times.

District patrons could see savings as early as July 2012. The process is scheduled to be completed in March 2012. The voter approved bond measure is set to expire in 2019.

Clatsop County Manager, Duane Cole Announces Retirement!

Wednesday, Jan. 11, 2012

COUNTY MANAGER DUANE COLE ANNOUNCES RETIREMENT

Clatsop County Manager Duane Cole announced his retirement to the county board of commissioners Wednesday, Jan. 11.
Cole's last day with the county will be May 31.
"I have been fortunate to have professionally served 35 years in local government - a field to which I have dedicated my entire career," Cole said in a letter to the board. "For me it is now time to be with my family, pursue other interests, and explore the next phase of life."
Cole joined Clatsop County in May 2009 from the city of Walla Walla, Wash., where he served as city manager.
The board of commissioners will detail its process for recruiting Cole's replacement in the near future.
“Duane Cole brought professionalism, competency, and integrity to government in Clatsop County. He engaged fully to make Clatsop County government more effective and more efficient. His organizational talent has brought many positive changes and has made Clatsop County a leader in many areas. His legacy to us is a solid foundation on which we can build success. He will always be welcome here. He will be missed,” Chair Rohne stated today.
Cole said he is providing the board with more than the 90 days' notice of departure required in his contract in order to allow the commissioners adequate time to select a replacement before his retirement.
Born in Coeur d'Alene, Idaho and raised in Milton-Freewater, Ore., Cole received his bachelor's and master's degrees from the University of Oregon.
His career in public administration began in 1977 at the age of 23 when he was hired as city administrator of Pilot Rock, Ore. He subsequently served with the city of Pendleton as finance director, assistant city manager and city manager pro tem, and as city administrator for Susanville, Calif. He was city administrator for Newberg for 12 years until 2002, when he took the top administrative job with Walla Walla.
Under Cole's tenure, Clatsop County revived a proposal to expand the county jail that will go before the board of commissioners soon for a decision whether to seek voter approval for the project. The county has also led a collaborative effort with local cities, the Port of Astoria and Oregon Highway Department to find a solution to the chronic flooding problem on U.S. Highway 101 south of Seaside that appears likely to go forward this year.
The county also leased the historic county jail building to the Clatsop County Historical Society for development of the Oregon Film Museum; negotiated a sale of the former Darigold Building in downtown Astoria to Coastal Family Health Center for its planned new clinic; completed the update of the North Coast Business Park Master Plan charting future development at the county-owned space in Warrenton; and launched an examination of planning issues covering the county's near-shore ocean zone.
One of Cole's biggest accomplishments is the development of a Strategic Plan. The document, due to go before the board of commissioners for adoption in the near future, identifies more than 40 major capital, infrastructure and planning projects as well as projected timelines and funding sources for each.
Cole expressed thanks to the county's commissioners and staff.
"To each of you I extend my sincere appreciation for the excellent opportunities for professional and personal development that you have provided me at Clatsop County," he wrote. "Your respect and encouragement has been welcomed and valued."

Oregon DSL Tells Port Of Astoria Oregon LNG SubLease Allows Only Import Of LNG And Quadruples Lease Payment Based On New Evaluation

Letter From Oregon DSL To Port of Astoria

Read Full Daily Astorian Article

Port Of Astoria Seals Mitigation Credits Deal With Warrenton Fiber

Tuesday, January 10, 2012 10:41 AM

By EDWARD STRATTON - The Daily Astorian

The Port of Astoria has struggled for some time trying to secure mitigation land required to offset the impact of its redevelopment of Pier 3, estimated at two acres of tidal land.

It has already had a mitigation plan flounder on the Skipanon Peninsula.

Another potential piece of land at a Walluski River mitigation site fell through after the land was sold to a private company.

Read Full Daily Astorian Report

Clatsop County Sheriff's Office Chief Deputy, Paul Williams Chosen "Commander Of The Year" By Oregon State Sheriff's Association

January 9, 2012
County Sheriff’s Office
Clatsop County’s Chief Deputy Paul Williams is honored at the Oregon State Sheriff’s Association annual meeting in December as the Enforcement Commander of the Year for the State of Oregon.
Chief Deputy Williams was chosen as Commander of the Year for his work and efforts related to the Sheriffs Association and for the hours of dedicated service to the Clatsop County Sheriff’s Office and to the citizens of our County.
Often as Sheriff, I call upon Paul to develop, strategize and analyze problems troubling not only our organization but issues within the County regarding Public Safety. Paul is truly an amazing individual who definitely deserved this award.
Paul is accountable and uncompromised ethically. I am very proud of Paul for this State wide recognition and can say beyond any doubt that he is one of the Clatsop Counties best assets.
I have included some of his efforts for the last few years and if there are any further questions please give me a call.
Thank you.
Sheriff Tom Bergin

Clatsop Sheriff Deputies Come To The Aid Of Self-Inflicted, Accidental Gunshot Wound Victim!

January 9, 2012
Clatsop County Sheriff’s Office reports that on January 6th, 2012, Deputy Justin Dimmick responded to the Williamsport Mainline per report of garbage dumping.

While enroute, he came upon a vehicle traveling towards him with three individuals. The vehicle came to a sudden stop and one of the passengers exited claiming his friend had been shot.

Upon surveying the situation, Deputy Dimmick was able to verify that one of the subjects, David Raymond Lithieser, 02-03-88, was suffering from a gunshot wound to his right leg. His friends had attempted to stop the bleeding with a belt however the wound was serious and needed immediate attention.

Deputy Dimmick and now Deputy Hoover, who had just showed up on scene, applied first aid and summoned Medical.

All Clatsop County Deputies two weeks earlier had just gone through a class and were issued tourniquets for their patrol vehicles. The Deputies applied the tourniquet and were able to stop the bleeding until Astoria Fire and Medix arrived on scene for transport.

The subjects advised they had been target shooting and Lithieser went to draw his pistol from his holster and accidentally shot himself in the leg prior to leveling the gun to the target.

This newly issued Tourniquets in all patrol units has already paid off and fortunately the injury will be recoverable.

For any additional information please contact Sheriff Bergin.
503 791-0072
503 338-3651

Lower Columbia Diversity Project Presents A Free Discussion On Racial Diversity In Oregon

January 7, 2012

FREE DISCUSSION ABOUT RACIAL DIVERSITY IN OREGON
The January 19, 2012 event is part of Oregon Humanities’ statewide Conversation Project.

Astoria, OR - Although 2010 Census data show Oregon’s population becoming more racially diverse, the state remains one of the whitest in the nation. Many Oregonians value racial diversity and the dimension and depth it adds to our lives, yet we remain largely isolated from one another and have yet to fulfill the vision of a racially integrated society. What does the racial integration of place require of us, and how might we prepare to create and meet this opportunity?

This is the focus of “White Out? The Future of Racial Diversity in Oregon,” a free conversation with Willamette University professor Emily Drew on Thursday January 19, 2012 at 7:00 PM at the Judge Guy Boyington Building, 857 Commercial, Astoria, OR 97103. This program is hosted by the Lower Columbia Diversity Project and sponsored by Oregon Humanities.

Drew is an associate professor of ethnic studies at Willamette University, where she teaches courses on racism, race and ethnicity, urban sociology, mass media, and social change. She earned her doctorate from Loyola University Chicago and has published articles in Critical Studies in Media Communication, Television & New Media, and Tourism & Cultural Change.

Through the Conversation Project, Oregon Humanities offers free programs that engage community members in thoughtful, challenging conversations about ideas critical to our daily lives and our state's future. For more information about this free community discussion, please contact Scott Lee at (503) 468-8715 or lcdiversityproject@gmail.com.

Oregon Humanities (813 SW Alder St, #702; Portland, OR 97205) connects Oregonians to ideas to change lives and transform communities. More information about Oregon Humanities’ programs and publications, which include the Conversation Project, Think & Drink, Humanity in Perspective, Happy Camp, Public Program Grants, Responsive Program Grants, and Oregon Humanities magazine, can be found at oregonhumanities.org. Oregon Humanities is an independent, nonprofit affiliate of the National Endowment for the Humanities and a partner of the Oregon Cultural Trust.
For additional Information
Contact: Scott Lee
Phone: (503) 468-8715
Email: lcdiversityproject@gmail.co
Web: http://www.lcdiversityproject.orgdiv>

Make Parenting A Pleasure Program Begins January 19!

Friday, Jan. 6, 2012

‘MAKE PARENTING A PLEASURE’ PROGRAM BEGINS JAN. 19

Make Parenting a Pleasure, an interactive parenting program that focuses on the enhancement of parenting skills, begins Wednesday, Jan. 19 at the Seaside Head Start center, 1225 Second St. The program runs for nine weeks and is appropriate for parents with children between the ages of 0 and 8. Sessions run from 5:30 p.m. to 8 p.m.

Topics covered include child development, communication, stress management, and discipline techniques. This class is also a wonderful way to meet other families in the community that are having similar experiences in parenting.

Cost for the class is $25, scholarships are available. Dinner and childcare is provided.

For more information and to register please contact North Coast Parenting, (503) 325-8673.

Released by: Tom Bennett
Community Relations Coordinator
(503) 338-3622

SECOND ANNUAL GIRLS GALA HONORS YOUTH PROGRAM GRADUATES

The Second Annual Girls Gala celebrating local youth takes place Tuesday, Jan. 17 at the Loft in the Red Building, 20 Basin St., Astoria.

Doors open at 5:30 p.m. for raffle drawings and hors d’oeuvres; the program begins at 6 p.m.

U.S. Attorney Amanda Marshall is one of the scheduled speakers at the event, which honors forty local fifth- and sixth-grade girls who have completed a 12-week program called Allies in Action. This program, created by Girls Inc., focuses on starting a dialogue about friendships, media pressure, handling emotions and bullying.

The public is invited, but an RSVP is required – contact Meredith Payton or Nina Palmarini at (503) 325-8673. Admission is free but attendees are invited to bring nonperishable food items for donation to Clatsop Community Action Food Bank.

Girl-on-girl bullying, known as relational aggression, is sometimes called “mean girl behavior.” Due to emerging issues of relational aggression, programs for girls, such as Allies in Action, are increasingly relevant. This fall, Allies in Action was held in Knappa, Astoria, Warrenton, and Seaside schools through a grant from the Clatsop County Commission on Children and Families.

The Girls Gala event will showcase short media presentations created by the participants and will highlight local and regional female role models. Guest speakers are Marshall, U.S. Attorney, Oregon District, and Margaret Frimoth, coordinator of the Lives in Transition program at Clatsop Community College.

Event planners hope that by affirming the work of the program participants, and focusing on the encouragement of positive adult role models, that girls will be able to defy traditional stereotypes of women and unite as confident allies.

The event will also honor the work and teachings of Reverend Martin Luther King, Jr.

Girls Gala is coordinated by AmeriCorps H.O.P.E. (Healthy Options through Prevention Education) members at the Clatsop County Juvenile Department Nina Palmarini and Meredith Payton, with assistance from additional Oregon H.O.P.E members Jessy Frey and Jennifer Rasmussen. The event is made possible by the generous food and raffle prize donations from Bagels by the Sea, Baked Alaska, Blue Scorcher, Bridgewater Bistro, Buttery, Fulio’s, Lunar Boy, Mother’s Bistro, Nike, Phillips Candy, Safeway, Serendipity, 3 Cups Coffee House.

For more information about Allies in Action, Girls Gala, or other prevention programs offered through the Juvenile Department, contact Nina or Meredith at (503) 325-8673.

Tom Bennett
Community Relations Coordinator
(503) 325-1000 ext. 1312

January 11, 2012 Clatsop County Board Of Commissioners Regular Meeting Agenda

Work Session @ 9:00 Am Precedes Regular Meeting @ 10:00 AM
Read Full Agenda Packet

LipstickTraces2 - Big Fish Blues Band

Oregon Public Health Department Reminds Parents To Complete Their Children's Immunization Requirements

Thursday, Jan. 5, 2012

STATE REMINDS PARENTS OF CHILD IMMUNIZATION REQUIREMENTS

The following is from the Oregon Public Health Department:

The New Year is here and the Oregon Immunization Program wants to remind parents that now is the time to make sure kids’ vaccination records are complete. State law requires that all children in public and private schools, preschools, Head Start and certified child care facilities have up-to-date immunizations, or have a religious or medical exemption.

Parents and guardians will receive a letter in late January or early February if their child’s immunization record shows that he or she has not received the required vaccinations Children will not be able to attend school or child care starting Feb. 15, 2012, if their records on file show missing immunizations.

“We want to make sure children can go to school in a safe, healthy environment free from vaccine-preventable diseases,” said Stacy de Assis Matthews, immunization school law coordinator in the Oregon Health Authority’s Public Health Division.

This year, parents should take note of some important information:

Tdap vaccine requirement: Tdap vaccine is required for seventh- through 10th-graders. Tdap is tetanus, diphtheria and pertussis (whooping cough) booster. Whooping cough is a serious health concern in Oregon with about 300 cases recorded in 2011.

Hepatitis A vaccine requirement: The hepatitis A vaccine, which protects against a communicable viral infection, is a two-dose series now required for children 18 months through third grade.

Parents seeking immunizations for their children should contact their health care provider, call the Clatsop County Public Health Department at (503) 325-8500, or call Oregon SafeNet at 1-800-SAFENET or 1-800-723-3638. No one can be turned away from a local health department because of the inability to pay for required vaccines. Additional information on school immunizations can be found on the Oregon Public Health website at http://1.usa.gov/OregonSchool.

Released by: Tom Bennett
Community Relations Coordinator
(503) 338-3622

Rosenblum To Run For Oregon Attorney General

By SARAH ROSS

PORTLAND, Ore.- After serving six years on the Oregon Court of Appeals, former judge Ellen Rosenblum announced her intention Wednesday to run for Oregon Attorney General.The election to fill the open seat for Attorney General will be held this November.

Read Full Oregon Capital News Article

Man Lodged In Clatsop County Jail For Attempted Murder and Other Charges In Hamlet Area Assault!

On 01/04/11 at around 12:29am Clatsop County Deputies responded to 81575 Layton Road 15 miles East of Seaside in the Hamlet area for a report of a disturbance. The party reported via 911 Kenneth Moore had allegedly stabbed a victim in the face and arms. Mr. Moore then allegedly held several victims at knife and gunpoint and had also tried to shoot his girlfriend however the gun reportedly jammed. Mr. Moore also menaced several other individuals in the household with his knife and had fired the gun at least twice without injury.

Moore then allegedly took a victim by gunpoint and ordered him to drive towards the city of Portland. Clatsop County Deputies were able to locate the vehicle while still in Clatsop County whereupon Moore was taken into custody.

After deputies intercepted the vehicle, Moore ran from the vehicle into the woods but was subsequently taken into custody. The pistol was later located alongside the road where an attempt was made to hide the gun. Following the Deputies investigations, Mr. Moore was subsequently arrested for Attempted Murder, Assault II, Kidnaping II, Theft I of a Firearm, Robbery I, Menacing, Harassment and Pointing a Firearm at Another.

Two victims were taken to Providence Seaside Hospital. One for stab wounds to the face and hands. The other a 95 year old female was admitted for chest pains due to the stress of the situation within the household.

The Clatsop County Sheriff’s Office had assistance from the Seaside Police department and an Oregon State Trooper.

Moore is being held at the Clatsop County Jail pending arraignment.

For any additional details contact Sheriff Tom Bergin
Cell 503 791-0072
Desk 503 338-3651

Clatsop County Is Seeking Applicants For Budget Committees

Tuesday, Jan. 3, 2012

COUNTY SEEKS APPLICANTS FOR BUDGET COMMITTEES

Clatsop County is currently inviting citizens to serve on local budget committees.

These citizen committees review the proposed budgets and make recommendations to the county commissioners. Each committee is made up of five county commissioners and five other local residents they appoint. The committees generally meet in May to review the proposed budgets.

Seats are available on the following committees:

Clatsop County Budget Committee: A full, three-year term representing District 1 is open on this committee, which reviews the county’s overall operating budget. Applicants must live in District 1, which includes western Astoria as well as Warrenton and Hammond.

Road District 1 Budget Committee: Four full three-year terms ending Feb. 28, 2015 and one un-expired term ending February 28, 2013 are available. The committee reviews the district’s budget for roadwork such as cutting brush, patching pot holes, cleaning and replacing culverts, maintaining road shoulders and drainage ditches, grading and re-basing 220 miles of county roads. Applicants must live in the unincorporated areas of the county.

Westport Sewer Service District Budget Committee: Two full terms ending June 30, 2015, two unexpired terms ending June 30, 2014 and one unexpired term ending June 30, 2013 are available to residents of the sewer district, which serves about 95 connections in the unincorporated community of Westport.

The Board of Commissioners will make the appointments. Applications will be taken through Jan. 31. Application forms are available online at www.co.clatsop.or.us under “Quick Links-Citizen Involvement,” from the office at 800 Exchange St., Suite 410, or by calling (503) 325-1000.

Released by:Tom Bennett
Community Relations Coordinator
(503) 338-3622

Making Healthful New Year's Resolutions That Stick

Friday, Dec. 30, 2011

MAKING A NEW YEAR’S RESOLUTION THAT STICKS

By Stephen Blakesley

Clatsop County Health Promotion Specialist

I read this morning on breaking MTV news that the rapper “50 Cent” publically declared that one of his New Year’s resolutions was to quit smoking – “... it's a very dirty, filthy habit," he said. "But not [only] is it my New Year's resolution to quit, but it's also my New Year's resolution to get my friends to quit as well."

I’m sure it’s no surprise to any of us that quitting smoking makes it onto the lists of the top ten most popular New Year’s resolutions year after year. And it should. The hard-to-break addiction remains the number one thing a person can do to improve his or her health. Also no strangers to those top ten lists are: losing weight, eating better, and exercise. These too are excellent ideas because poor choice of diet mixed with physical inactivity is the number two killer behind tobacco in America, Oregon, and not surprisingly in Clatsop County.

So if we are, in fact, focusing on the right lifestyle choices to change, why aren’t those changes sticking? When resolutions are too big or to broad we can easily get discouraged and give up on them, often before we ever even get started. So here’s what we can do to make them stick:

Motivation – Your motivation must come from within you, this must be something YOU want to do.

Start small – Instead of “eating better” start by adding a serving of fresh vegetables three days a week

Map out your steps – If losing weight is your thing, plan the steps it will take to lose the 30 pounds, don’t just focus on the thirty pounds. You have to have a plan to get there.

Change your habits – If quitting smoking is your goal and you have a cigarette every morning when you rise, change it to a glass of water, or brushing your teeth. Be prepared that it takes repeating something 200-300 times to make it a habit, so be intentional about it and stick with it.

Seek a supportive environment – My wife’s got me doing push-ups again. My straining helps her stay motivated with her own exercises…and gets me off the couch. Fifty Cent understands this. He’s going to change his environment by getting his friends to quit with him.

Announce your resolution publically – Fifty Cent’s fans will now help hold him accountable. We all want to do what we say we will do. Tell the world, make it public, you’ll be more likely to stick it out and do it!

Get help- We don’t have to do this alone. There are organizations and classes can help us.

In Clatsop County, tobacco users can turn to the Oregon Tobacco Quit Line

The Oregon Tobacco Quit Line is a free program offered over the phone and on the Web that helps Oregonians quit tobacco by offering confidential, evidence-based coaching. Contact the Quit Line at 1-800-QUIT-NOW (800-784-8669); 1-877-2NO-FUME (877-266-3863, Spanish version); or www.quitnow.net/oregon/. Callers may also be eligible for free nicotine replacement therapy, such as patches or gum.

If you want to learn more about taking charge of your health, setting goals, and making changes that address chronic conditions like heart disease, asthma, arthritis, diabetes, and other chronic health concerns, then “Living Well with Chronic Conditions” might be for you. This is a free six-week class that will get you moving towards a healthier you. To sign up call the Columbia Memorial Education Department at (503) 338-7564.

Released by:

Tom Bennett

Community Relations Coordinator

(503) 338-3622

Port Of Astoria Facing-Off With Newport Again In Possible Bid For Tillamook Air Museum Relocation?

File Photo

By:LORI TOBIAS - Associated Press/Washington Examiner
12/25/11 4:36 PM

Inside the Tillamook Air Museum, water drips from the rafters, the floor is damp and it's cold enough to make not only a coat, but hat and gloves, feel like a really good idea — even on days when you wouldn't bother with them outside.

That's the price you pay for a setting inside a World War II-era blimp hangar, billed as the largest free span wooden structure in the world, a building so big you could almost simultaneously hold six football games inside. Still, it may be a small price to pay for a tour of what the museum says is one of the "top five privately owned aircraft collections in the nation."............Read Full Article

The Daily Astorian: Clatsop Care Mill Pond Village Assisted Living Facility Clears DHS Hurdle!!

DHS to pay Clatsop Care in Mill Pond Village issue

The Daily Astorian

Posted: Thursday, December 22, 2011 10:19 am

The Oregon Department of Human Services and Clatsop Care Center Health District have reached an agreement that resolves ongoing claims by Clatsop Care over the management of funds provided through the federal Money Follows the Person grant program.DHS will pay $125,000 to Clatsop Care, including attorney fees and costs over the Mill Pond Village development project. You must be logged in with the proper services to print this article. Prior to the settlement, which was agreed upon Monday, concerns surfaced in September 2010 over proposed funding for Clatsop Care's Mill Pond Village development project using state and federal dollars from Oregon's Money Follows The Person (MFP) program, On the Move.The On The Move (OTM) program was suspended pending an internal audit to review the overall management and operation of the program.On The Move was designed to provide community options for individuals transitioning out of institutions. The MFP project, which was administered in Oregon through the OTM program and funded by a federal grant under Medicaid, assisted in providing necessary supplemental services to ensure that individuals had the support, equipment and services to thrive in the community through a person-centered approach.Up until September 2010, Clatsop Care had been working on the development of an innovative proposal under the OTM program to serve seniors and people with disabilities with challenging needs in small community settings. Based upon representations from the OTM program on the availability of OTM funding, Clatsop Care incurred certain architectural and other development expenditures in order to secure financing for the project.Following the internal audit, DHS determined that use of MFP grant funding was not appropriate for the Clatsop Care Mill Pond development project and DHS halted disbursement of funding under the MFP program for this project. As a result, Clatsop Care was unable to proceed with the development of the Mill Pond Village as originally proposed.The settlement agreement reached Monday between DHS and Clatsop Care settles existing and potential claims by Clatsop Care against DHS and the State of Oregon, including those set forth in a May 26 Tort Claim Notice, three personal service contracts and an incompletely executed grant agreement arising from the Mill Pond Site proposal for an assisted living facility.

Anti-LNG Group Looks To State Of Oregon To Undo Oregon LNG Lease At Skipanon Peninsula!

Posted: Thursday, December 22, 2011 11:39 am

By TYLER GRAF - The Daily AstorianDaily Astorian

Hansen Interview by patrick mcgee

GRP: To help formulate your thinking, above is the Audio Interview between Oregon D.O.J. and Calpine/Oregon LNG's Peter Hansen and is a very good chronology of events

Critics of a proposed LNG terminal in Warrenton are calling on state agencies to more closely scrutinize the company's lease agreement for a proposed LNG facility, which would rest on publicly owned land along the Skipanon River.With domestic natural gas prices reaching record lows, because of new techniques in obtaining the gas by hyrdraulically fracturing shale deposits underground, LNG facilities that originally planned to import natural gas are now proposing to export LNG to overseas markets.

Read Full Daily Astorian Report

Mobile Home Park Citation Upheld By Hearings Officer

Monday, Dec. 19, 2011

HEARINGS OFFICER UPHOLDS COUNTY CITATION AGAINST MOBILE HOME PARK

A hearings officer has ruled in favor of Clatsop County in its dispute with the owner of a mobile home park at Sunset Lake cited for numerous code violations.

In a ruling issued Dec. 16, Hearings Office Paul Elsner ordered Resources Northwest Inc. and Ken Hick, owners of Sunset Lake Resort and RV Park, to pay a fine of $4,200 and abide by rules governing the number and siting of units at the park.

The county issued Hick a compliance order last June for multiple violations of county codes including allowing too many permanent dwellings on the property, as well as allowing recreational vehicles to be used as dwelling units without proper utility connections.

According to the county, the park has contained as many 91 sites used for permanent dwellings, when under the current rules the parks is allowed only 16. Many of the recreational vehicle units are not connected to proper water, sewer or electrical service, and some are releasing “gray water” into Sunset Lake. Many are also sited on spaces smaller than allowed in rules governing RV parks, and/or are too close to the lake or nearby Lewis Avenue.

Hick and Resources Northwest Inc. challenged the county order on the grounds that the park was “grandfathered in” as a legal, nonconforming use and does not have to abide by existing county zoning rules on number, density and location of units and other requirements.

In his ruling, Elsner pointed to letters from the Oregon Department of Environmental Quality from 1997 declaring that the park was allowed a maximum of 16 mobile homes and 27 RV sites. The owners produced no evidence of approvals or permits allowing a larger number of units, Elsner said.

Under Elsner’s order, the owners have until Feb. 1, 2012 to reduce the number of units to the approved maximum, have them lawfully connected to water, sewer and electrical systems, and pay all necessary permit fees. Failure to make the changes will result in additional daily fines on top of the $4,200 penalty for each unpermitted site or space.

Released by: Tom Bennett
Community Relations Coordinator
(503) 338-3622

Clatsop Transportation And Development Services Splits To Separate Departments!

Thursday, Dec. 15, 2011

REORGANIZATION SEPARATES PLANNING, PUBLIC WORKS OFFICES

Four years after the two were combined, Clatsop County’s public works and planning offices will become independent departments again.

On Wednesday the county board of commissioners approved a plan to dissolve the Transportation and Development Services Department, created in 2007 as an umbrella entity for the two offices.

Under the plan, Transportation and Development Services Director Ed Wegner will return to his original position as Public Works Director, which he first assumed in 2004. Hiller West, hired in September as principal planner, will head the Community Development Department. The change will become effective Jan. 1.

County Manager Duane Cole said the reorganization, by assigning a manager to each of the two departments, will bring better oversight to both offices at a time when each has a sizeable workload, including the various long-term projects in the draft county Strategic Plan.

Cole praised Wegner’s tenure as Transportation and Development Services director, which included the lengthy Bradwood and Oregon Pipeline liquefied natural gas land-use reviews conducted by the planning office.

“We’re excited to be getting him back over at Public Works,” Cole said. “They have a lot of projects going on, and Ed is the guy for that.”

Cole noted that West has a lengthy background in planning, including an early job with the Columbia River Estuary Study Task Force. He most recently served as planning director for the city of Monroe, Wash.

Citizens should see no change in services. Both offices will remain in their current locations – Community Development at 800 Exchange Suite 100 and Public Works at 1100 Olney Ave. – and keep their same hours.

The reorganization involves no other personnel changes. There are 45 fulltime-equivalent personnel in the various Transportation and Development Services divisions, including Community Development, road maintenance, building codes, surveyor, fisheries and parks.

Released by:
Tom Bennett
Community Relations Coordinator
(503) 338-3622

December 14, 2011 Clatsop Clatsop County board Of Commissioners Regular Meeting Highlights

Clatsop
County Board of Commissioners
Highlights
Wednesday, Dec. 14,
2011 regular meeting
Listen Full Audio Transcript Of 12/14/2011 Regular Meeting
Official minutes
available once approved by board

Planning, public
works split approved
The board of
commissioners approved a reorganization plan that divides the county’s Community
Development and Public Works departments into separate entities.
County Manager Duane
Cole told the board that the workload in both offices requires that each have
its own director. Currently the two offices are jointly directed by Ed Wegner as
Transportation and Development Services Director. The change will become
effective Jan. 1.
Under the plan,
Wegner will return to his original position as Public Works Director. Hiller
West, hired in September as principal planner, will become director of Community
Development. West has a lengthy background in land-use planning, most recently
as planning director of Monroe, Wash.
Planning and Public
Works were combined in the Transportation and Development Services Department in
2007.

Darigold funding
approved
The board approved an
amendment to the county’s contract with Groat Brothers Inc. covering the
demolition of the former Darigold Building to provide additional funding for
removal of contaminated soil and other work at the site. The original $49,850
contract approved by the board in April included an additional $7,450
contingency fund, which will be used to cover the cost of removing a fuel oil
tank from the building site. The amendment will allow spending up to another
$22,500 to pay for clean-up of soil contaminated with petroleum
product.

Medical examiner
appointed
The board appointed
Susan Heinick, MD as District Medical Examiner for Clatsop County. Heinick, an
emergency room physician at Providence Seaside Hospital, replaces Joann
Stefanelli, who resigned from the position earlier this year. Stefanelli will
continue to offer her services on a part-time basis.
The medical examiner
investigates all unattended deaths and participates in criminal investigations
as part of the local Major Crime Team.

Other
Business
In other business the
board:
-Approved a request
from Columbia County to support the participation of a Rainier company,
Rightline Equipment Inc., in the Lower Columbia Maritime Enterprise Zone. The
zone, which covers Columbia County and a portion of Clatsop County, provides tax
breaks to qualified new and expanding businesses.
-Approved a $50,000
payment to the Westport Water Association for improvements to its water system
made necessary by damage from flooding that accompanied the December 2007 storm.
The improvements, totaling approximately $500,000 and funded primarily by the
Federal Emergency Management Agency, were completed earlier this year and
involved a partnership with the nearby Wauna Water District that included
development of an additional water source, adding a chlorinator and increasing
water line capacity. The funds from Clatsop County come from the proceeds of the
tax penalty levied on Georgia-Pacific over the Lower Columbia Enterprise
Zone.
-Approved an
agreement between the Clatsop County 4-H and Extension Service and the North
Coast Food Web for the operation of the North Coast Communities Food Project, a
collaborative campaign to improve community food security, promote good
nutrition and health and support diversification of regional food production and
access. Funding comes from a Meyer Memorial Trust grant.
-Approved an
intergovernmental agreement with the State of Oregon to receive $91,306 -
$61,900 for the current fiscal year plus $29,406 carryover from 2010-11 – to
fund treatment and intervention services through the Sheriff’s Office Community
Corrections Division targeted at Measure 57 criminal offenders.
-Approved the
language of input to be given at the Dec. 15 meeting of the state Territorial
Sea Plan Working Group in Astoria, which is examining ocean-planning and
wave-energy issues off the state coastline. Among other points the input calls
for vigorous public involvement, recommends conditional-use reviews versus
restrictive zones for wave-energy projects, and seeks compatibility between the
state plan and local planning efforts.
-Conducted the first
reading of an ordinance adopting the county’s Administrative Code. Provisions in
the code, which spells out the county’s organizational structure, board and
committee rules, contracting rules and financial policies, have previously been
established by board resolution, but county staff recommended its adoption by
ordinance so it is included in the process, currently underway, of codifying all
the county ordinances. Second reading and adoption of the Administrative Code
ordinance is scheduled for Jan. 11.
-Adopted new board
rules governing meeting procedures and protocol, committee appointments, travel
policy and other items.
-Appointed Pamela
Alegria to the Recreational Lands Planning Advisory Committee.

Tom Bennett
Community Relations Coordinator
(503) 325-1000 ext. 1312

Astoria School District Board Recognizes Astoria School Foundation

CRAIG HOPPES, SUPERINTENDENT

ASTORIA SCHOOL DISTRICT
DATE: DECEMBER 14, 2011

The Astoria School District
Board of Directors recognized the Astoria School Foundation, which was founded
in 2010. A loyal group of board members have worked diligently since its
beginning to create a mission and strategic plan that will benefit students in
the Astoria School District.

The mission of the Astoria
School Foundation is to enhance the educational experience of students in the
Astoria School District 1C through public education and financial
support.

The goal of the Astoria School
Foundation is to enhance the educational services and opportunities the Astoria
School District offers through programs including, but not limited
to:

*Providing
Innovative Educator Grants
*Celebrating
Teacher Excellence
*Celebrating
Academic Excellence
*Major Grant Projects

Developing and Maintaining a Board Reflecting Our Diverse Community
*Providing
Material Support for Astoria School District 1C

Although these goals are in the
early planning stages, the Astoria School Foundation has established a solid
framework with which to provide necessary support to fulfill its
mission.

In addition the Astoria
School Foundation is announcing the inception of available funds for four
Innovative Educator Grants in the amount of $250 each. The Innovative Educator
Grant application will be available to all educators in the Astoria School
District on January 3, 2012. The application deadline is January 31, 2012. A
formal announcement of grant recipients will take place in mid February. The
Innovative Educator Grant opportunity adheres to the mission of Astoria School
Foundation, enhancing the educational experience of students in Astoria School
District through public education and financial support. It is the goal of
Astoria School Foundation to continually provide resources to Astoria School
District that will enhance educational opportunities.

The Astoria School District
gratefully thanks Astoria School Foundation Board of Directors for their
generous time and support in the formation and work to sustain the foundation.
Astoria School District looks forward to continuing this partnership with
Astoria School Foundation to provide needed assistance to students and staff of
the Astoria School District.

23 Important Adult Truths

1.

Sometimes I'll look down at my watch 3
consecutive times and still not know what time it is.

2.

Nothing sucks
more than that moment during an argument when you realize you're
wrong.

3.

I totally take back all those times I didn't want to nap when I
was younger.

4.

There is great need for a sarcasm font.

5.

How
the hell are you supposed to fold a fitted sheet?

6.

Was learning
cursive really necessary?

7.

Map Quest really needs to start their
directions on # 5. I'm pretty sure I know how to get out of my neighborhood.
8.

Obituaries would be a lot more interesting if they told you how the
person died.

9.

I can't remember the last time I wasn't at least kind-of
tired.

10.

Bad decisions make good stories.

11.

You never know
when it will strike, but there comes a moment at work when you know that you
just aren't going to do anything productive for the rest of the day.

12.
Can we all just agree to ignore whatever comes after Blue Ray? I don't want to
have to restart my collection...again.

13.

I'm always slightly terrified
when I exit out of Word and it asks me if I want to save any changes to my
ten-page technical report that I swear I did not make any changes to.
14.

I keep some people's phone numbers in my phone just so I know not to
answer when they call.

15.

I think the freezer deserves a light as
well.

16.

I disagree with Kay Jewelers. I would bet on any given Friday
or Saturday night more kisses begin with Miller Light than Kay.

17.

I
wish Google Maps had an "Avoid Ghetto" routing option.

18.

I have a hard
time deciphering the fine line between boredom and hunger.

19.

How many
times is it appropriate to say "What?" before you just nod and smile because you
still didn't hear or understand a word they said?

20.

I love the sense of
camaraderie when an entire line of cars team up to prevent a jerk from cutting
in at the front. Stay strong, brothers and sisters!

21.

Shirts get
dirty. Underwear gets dirty. Pants? Pants never get dirty, and you can wear them
forever.

22.

Even under ideal conditions people have trouble locating
their car keys in a pocket, finding their cell phone, and Pinning the Tail on
the Donkey - but I'd bet everyone can find and push the snooze button from 3
feet away, in about 1.7 seconds, eyes closed, first time, every time.

23.
The first testicular guard, the "Cup," was used in Hockey in 1874 and the first
helmet was used in 1974. That means it only took 100 years for men to realize
that their brain is also important.

Claim Certain: An Interesting Idea

Public figures that affect our daily lives should be held accountable for their claims: in real-time. Claim Certain gives them no option but to be honest with us about what they know and what they do not know. Sign up to be notified when we launch our service and help change politics forever.

Try It Yourself. Click This!Go There!

December 14, 2011 Clatsop County Board Of Commissioners Regular Meeting Agenda

Amendment Notice: 12/13/2011

Read Full Agenda Packet

City Of Astoria DUII Prosecution:Clatsop District Attorney And Oregon Attorney General Answers In Objection To Motion To Dismiss By City Attorney

Transcript Of Objection To Motion To Dismiss
CLATSOP COUNTY DISTRICT ATTORNEY,

​PlaintiffPlaintiff,

​v.

CITY OF
ASTORIACITY OF ASTORIA,

​DefendantDefendant.

Case No. 11-243011-2430

PLAINTIFF'S
OBJECTION TO DEFENDANT'S MOTION TO DISMISS (ORCP 21A)


Department of Justice
1162 Court
Street NE
Salem, OR 97301-4096
(503)
947-4700 / Fax: (503)
947-4794


PLAINTIFF'S OBJECTION TO DEFENDANT'S
MOTION TO DISMISS (ORCP 21A)
​ 1.
​Plaintiffs, Joshua Marquis in his capacity as Clatsop County
District Attorney, and the office of the Clatsop County District Attorney, by
and through counsel, Thomas Castle, Assistant Attorney General, respectfully
objects to Defendant’s Motion to Dismiss. The Court should deny the motion
because:
​•​the Clatsop County District Attorney is the
real party in interest;
​•​the Complaint alleges facts that show a
justiciable controversy exists between the ​parties; and,
​•​there are no indispensable or necessary
parties whose absence prevents the Court
​from
resolving the controversy.
​Supporting this motion are the plaintiff’s declaration and
the Memorandum of Authorities.
MEMORANDUM OF
AUTHORITIES TC
"MEMORANDUM OF AUTHORITIES" \f C \l "1"
​ 2.
​Introduction TC "Introduction" \f C \l "2"
​Plaintiff, Clatsop County District
Attorney, asks this Court
to declare that the Clatsop County District Attorney has exclusive authority to
control and conduct the prosecution of all driving under the influence of
intoxicants (DUII) cases, and state-law criminal charges arising out of the same
criminal episode, that arise within the City of Astoria. Defendant mistakenly
believes that the controversy concerns whether DUII cases that arise in the City
of Astoria should be prosecuted in circuit court or municipal
court. The question,
however, is notwhere DUIIs should be prosecuted but rather who should control the prosecution. Based on this
misunderstanding, defendant argues (1) that the Clatsop County District Attorney is not the
“real party in interest”; (2) plaintiff’s complaint does not allege a
justiciable controversy because plaintiff has not alleged that it has standing to
bring this claim; and (3)
plaintiff’s complaint fails to name all necessary parties as
defendants.
​Defendant’s Motion to Dismiss fails as a matter of law,
because this case presents a genuine controversy between plaintiffs and
defendant. Plaintiffs contend that the Clatsop County District Attorney has
constitutional and statutory authority to control and conduct the prosecution of
all DUIIs committed in Clatsop County — including those committed within the
City of Astoria. Defendant disagrees with that proposition and believes that it
has the sole authority to prosecute DUIIs committed in Astoria. Plaintiffs’
complaint for declaratory relief seeks a resolution to that dispute; therefore,
this court should deny defendant’s motion.
​ 3.
​In
ruling on a motion to dismiss based on the pleadings, a court must “liberally
construe the pleadings and consider as true the fact’s alleged in plaintiff’s
complaint and all reasonable inferences that may be drawn from those
facts.” Especially in light of that deferential standard, this court
should deny defendant’s motion. First, plaintiffs are the real party in
interest. The complaint seeks a declaration delineating plaintiffs’
constitutional and statutory authority to prosecute criminal charges in the name
of the state; although the State of Oregon — as prosecutor — will be affected by
the outcome of the case, it is plaintiffs’ authority, status, and legal
relations with other parties that is directly implicated by this action.
Plaintiffs are the real parties in interest. Second, and for many of the same
reasons, plaintiffs have standing to bring this action; therefore, a justiciable
controversy exists. Finally, plaintiffs have named all necessary
parties as defendants to this action. Plaintiffs’ dispute is with only the City
of Astoria, because it is only the City of Astoria that refuses to allow
plaintiffs to control and conduct prosecutions of DUIIs committed within the
city.
​ 4.
​Joshua Marquis, in his capacity as the Clatsop County
District Attorney, and the Clatsop County District Attorney’s Office are the
real parties in interest in this action TC
"Joshua Marquis, in his capacity as the Clatsop County
District Attorney, and the Clatsop County District Attorney’s Office are the
real parties in interest in this action" \f C \l
"2" .
​The
purpose of a declaratory relief action is “to settle and to afford relief from
uncertainty and insecurity with respect to rights, status and other legal
relations.” A plaintiff
bringing a declaratory judgment action must have some direct involvement or
interest in the controversy; in other words, the plaintiff must be one whose
right, status, or legal relation will be affected by the
action. Declaratory
relief is appropriate to determine the statutory duties of a public
officer.
​ 5.
​Generally, if a defendant is not deprived of a defense or a
counterclaim, and a judgment in favor of the named plaintiff will fully protect
the defendant from future actions by other parties when discharged, the
defendant’s concern about the real party in interest is at an
end. A motion to dismiss
on “real party in interest” grounds is not the proper vehicle for challenging
the underlying allegations of a complaint.
​ 6.
​Here, the elected District Attorney of Clatsop County
and the office of the
Clatsop County District
Attorney are the
appropriate plaintiffs
because their authority,
status, and legal relations to
other entities and citizens are directly affected by the declaration sought. The Oregon
Constitution makes the elected district attorney the law officer for the state
in the county in which he or she is elected, and it provides for the legislature to designate
the district attorney’s duties. The legislature has provided that “[t]he district attorney
in each county is the public prosecutor therein,” and that he or she “shall attend the terms of
all courts having jurisdiction of public offenses within the district attorney’s
county, and, except as otherwise provided in this section, conduct, on behalf of
the state, all prosecutions of such offenses herein.” The question presented by this action, then, is what
specific authority does Article VII, section 17, and ORS 8.650 and 8.660 confer
on the district attorney when it provides that he or she shall “conduct” criminal prosecutions within the
county. The answer to
that question is one that will uniquely affect plaintiffs.
​ 7.
​Defendant’s argument that the State of Oregon is the real
party in interest is mistaken. Although it is true that the state — as criminal
prosecutor — will experience some indirect effects of any decision in this case,
it is not the state’s “rights, status, or legal relations” that will be
primarily affected by the prayed for declaration. Rather, this is a question
about which prosecutor —plaintiff or defendant — has authority to represent the state in the class of criminal proceedings
at issue here. More specifically, the question presented is whether the
district attorney has constitutional and statutory authority that trumps the
city’s authority to represent the state in such cases.
​ 8.
​Defendant cites several cases as authority for its argument
that the district attorney is not the real party in interest. None of those
cases, however, dictate the result defendant requests here. First, defendant
asserts that State Land Board v. Lee, stands for the proposition that “[i]f a suit is for the
benefit of the state, the state is the real party in interest.” (Mot 3).
Lee, of
course, was not interpreting the phrase “real party in interest” as it is used
in ORCP 26 A, and so provides no authority for this court on that question.
Moreover, Lee was
a case involving whether the State Land Board enjoyed the same immunity from a
statute of limitations defense as did the State as a whole. The Supreme Court
concluded that it did. Notably, however, the court did not suggest that the
action in that case had to be brought by “the State of Oregon” as opposed to the
State Land Board. State Land Board v.
Campbell, also
cited by defendant, provides a similar holding.
​ 9.
​Allen v. Craig, is also not to the contrary. There, the Supreme Court held
that a county assessor could not sue in his own
name to collect an unpaid
tax penalty, because the penalty owed belonged to the county. Here, of course,
plaintiff does not bring this action in his personal capacity. Rather, plaintiffs are Joshua
Marquis in his official capacity and the office of the elected District Attorney
of Clatsop County. The
question presented by this action is whether that office has particular
authority to direct the prosecution of all state law violations occurring within
the county. Certainly the office of the district attorney is the real party in
interest in that case.

10

​Defendant argues that this Court lacks subject matter
jurisdiction because no statute specifically authorizes a district attorney to
seek a declaratory judgment. Defendant citesGortmaker v.
Seaton, for the
proposition that a district attorney lacks standing to seek a declaratory judgment.
Gortmaker v. Seaton was dismissed because the district attorney failed to assert
sufficient facts to establish a justiciable controversy. The Court never questioned the district
attorney’s legal authority to seek a declaratory judgment. Rather, the Court found that there was no jurisdiction
because the parties’ interests were not adverse – the parties sought an advisory
opinion. Declaratory judgment plaintiffs have standing if their
“rights, status or otherlegal relations” are affected by a particular law or
statute and if they have a “direct, substantial interest in the controversy.”
Marks v. City of Roseberg, 65 Or App 102, 106 (1983) citing Gaffney v.
Babb, supra at 50 Or App 623. The defendant has repeatedly denied the plaintiff’s authority
to conduct the prosecution of all DUIIs that occur within the City of Astoria.
The district attorney has a “direct, substantial interest” in that controversy
because he is being denied his legal authority to conduct the prosecution of all
criminal offenses that occur within his jurisdiction. The parties’ interests
are definitely adverse.
​ 11.
​Oregon’s courts permit state officers to seek declaratory
relief when there is a justiciable controversy between the parties’ rights,
status and legal relations TC "Oregon’s courts permit state officers to seek declaratory
relief when there is a justiciable controversy between the parties’ rights,
status and legal relations" \f C \l "2" .
​Plaintiff argues that “state offices and officers” are not
“persons” with standing to seek declaratory relief. Courts hearing declaratory judgment actions
must always determine jurisdiction, including a plaintiff’s standing, before
reaching the merits. In Frohnmayer v. SAIF, 294 Or 570 (1983), the Oregon Supreme Court
decided a declaratory judgment proceeding on the merits brought by a state
officer, Attorney General Dave Frohnmayer. The Attorney General asked the court
to declare whether SAIF could employ outside counsel and institute legal
proceedings without authorization of the Attorney General. The Oregon Supreme
Court did not question the Attorney General’s standing to seek declaratory
relief. Instead, the Court implicitly found standing and ruled on the
merits. The statutory
scheme for determining declaratory judgment jurisdiction is not exclusionary –
the court may exercise its general powers in any case where a declaratory
judgment will terminate the controversy and remove any
uncertainty. Moreover,
the statutes are to be liberally construed to settle and afford relief from
uncertainty and insecurity with respect to rights, status, and other legal
relations. The
plaintiff moved to amend the Complaint to add Joshua Marquis in his official
capacity as theClatsop
County District Attorney as a named plaintiff. Plaintiffs believe this amendment
resolves the issue of whether the plaintiff is “a
person” under
ORS 28.130.
​ 12.
​The Complaint alleges sufficient facts to establish the
existence of a justiciable controversy TC "The Complaint alleges sufficient facts to establish the
existence of a justiciable controversy" \f C \l "2" .
​Defendant argues that the Complaint fails to state a claim
for relief under ORCP 21A(8) because it does not “allege that any right of the
district attorney has been affected.” The
defense of failure to state a claim is not a proper defense in a declaratory
judgment proceeding. The
facts pled allege that Oregon law, specifically the Oregon Constitution and ORS
8.660, authorize plaintiff to conduct the prosecution of all public offenses
(with several limited exceptions not relevant here) that occur within Clatsop
County including DUIIs. The plaintiff has first requested then instructed the
defendant to turn over all DUIIs to his office for prosecution. Defendant has
either ignored the requests or expressly refused. Plaintiff seeks a declaration
that 1) he has exclusive authority to conduct the prosecution of all DUIIs, and state-law criminal
charges arising out of the same criminal episode, that arise within the City of
Astoria; and, 2) supplemental injunctive relief to enforce the requested
declaration. There is an actual and substantial controversy between parties
having adverse interests. There is an ongoing present dispute because defendant
refuses to allow the plaintiff to conduct all DUII prosecutions that arise in
the City of Astoria. The Court’s declaration will resolve any uncertainty and
settle the dispute.
​ 13.
​The plaintiff seeks a determination as to the scope of his
authority – not the rights of the public or others TC "The plaintiff seeks a determination as to the
scope of his authority – not the rights of the public or
others" \f C \l
"2" .
​Defendant asserts that the Declaratory Judgment Act only
permits a plaintiff to seek a determination of “the person’s own
rights.” Defendant
correctly argues that Oregon law does not permit a declaration as to the rights
of others or as to some public right. The legislature invested the district
attorney with the authority to conduct the prosecution of all public offenses
that allegedly occur within the district attorney’s county. The defendant
disputes the plaintiff’s authority to conduct the prosecution of DUII’s that
arise within the City of Astoria. The Court’s decision will determine if the
scope of the district attorney’s authority includes the prosecution of all
DUII’s that allegedly occur in the City of Astoria. But the declaration will
not determine the rights of the public or others.
​ 14.
​There are no other indispensable or necessary
partieswho have or claim an interest in the subject matter of this
proceeding which would be affected the Court’s
declaration.TC
"There are no other indispensable or necessary parties that
claim an interest in the subject matter of this proceeding" \f C \l "2"
​Defendant urges dismissal because plaintiff failed to include
as party-defendants all other Oregon cities with municipal
courts. ORS 28.110
requires that a plaintiff include as defendants “parties who have or claim any interest which
would be affected by the declaration.” The dispute is solely between the Clatsop County District
Attorney and the City of Astoria. The issue is the plaintiff’s authority to
conduct prosecutions of cases that arise within defendant’s boundaries. No
other municipality will be affected by a declaration herein.
​a.​Other Clatsop County municipalities can not be joined because
their rights and interests are not adverse to plaintiff TC "a.​Other Clatsop County municipalities can not be joined because
their rights and interests are not adverse to plaintiff" \f C \l "3" .
​Oregon law limits plaintiff’s jurisdiction to Clatsop
County. The other cities
within Clatsop County already permit the plaintiff to conduct all DUII
prosecutions. While the
requested declaration may affect their rights or legal relations, those cities
could not be joined because their interests are not adverse to
plaintiff. There is no
dispute or controversy between plaintiff and the other Clatsop County
municipalities that would permit them to be joined in this proceeding. The
other Clatsop County cities do not “have or claim any interest which would be affected by the
declaration” ORS
28.110
​b.​Cities with municipal courts outside of Clatsop County do not
have any interest that would be affected by the declaration sought by
plaintiff TC
"b.​Cities with municipal courts outside of Clatsop County do not
have any interest in that would be affected by the declaration sought by
plaintiff" \f C \l
"3" .
​There
is no justiciable controversy between the Clatsop County District Attorney and
other cities with municipal courts that would permit those cities to be joined
in this proceeding. Plaintiff requests a declaration regarding his authority to
prosecute DUIIs that occur within the City of Astoria. An Oregon district
attorney does not have authority to conduct the prosecution of public offenses
outside of the county where he or she is elected. The Complaint asks the Court to declare the
scope of the Clatsop County District Attorney’s authority to conduct the
prosecution of DUIIs in Clatsop County. Cities outside of Clatsop County “do
not have or claim any interest which would be affected by the declaration”
anymore than all the other citizens of Oregon. If cities outside of Clatsop
County were joined as party-defendants, they could successfully argue that 1)
their interests are not adverse to plaintiff, because plaintiff does not have
authority to prosecute cases outside of Clatsop County; and, 2) there is no
controversy involving present facts that other cities and the Clatsop County
District Attorney, or any other district attorney. While other cities may have an opinion
regarding this proceeding, they are not involved in the controversy between the
Clatsop County District Attorney and the City of Astoria.
CONCLUSION TC "CONCLUSION" \f C \l "1"
​This
case presents an ongoing and present dispute between plaintiffs and defendant
over what constitutional and statutory authority plaintiffs have to control and
conduct prosecutions of DUIIs (and crimes that arise out of the same criminal
episode) that occur within the city limits of Astoria. Plaintiffs contend that
the Clatsop County District Attorney has constitutional and statutory authority
to control such prosecutions; defendant contends that the city attorney — acting
at the direction of the city council — has authority that trumps the district
attorney’s authority. This dispute is between the district attorney (and his
office) and the City of Astoria. Consequently, the district attorney and his
office are the proper plaintiffs with standing in this case and the City of
Astoria is the only proper defendant in this case. Defendant’s belief that its
authority trumps that of the district attorney is not a reason to dismiss this
case at this point; rather, it is a reason to deny the motion to dismiss so this
court can resolve this ongoing dispute and declare authority, status, and legal
relations of the parties. Plaintiffs respectfully request this court to deny
defendant’s motion to dismiss.
​DATED
this day of December, 2011.

​Respectfully submitted,
​JOHN
R. KROGER
​Attorney General

​THOMAS CASTLE #890321
​Assistant Attorney General
​Trial Attorney
​Tel (503)
947-4700