Opinion: Tyranny at Clackamas County Commissioners meetings

Bill Wehr

Let’s face the reality that our 1st amendment rights under the U.S Constitution (“abridging the freedom of speech” and the “right of the people to peacefully to assemble, and to petition the Government for redress of grievances.” are arbitrarily violated by the majority of Clackamas Commissioners. These Commissioners and staffers are demonstrably indifferent to us, the citizens, concerning the impact of their decisions as to our finances and quality of life. 

The Opposite of Love is Not Hate, It’s Indifference – Elie Wiesel

In my opinion, to ignore the importance of the right of citizens to speak freely and completely to the very government body that can destroy them, is tyranny.

The established drill on controversial resolutions is the staff presents its self-serving supporting documentation with its recommendation. Commission members already have minds made up before hearing testimony. People come to testify. They’ve spent time crafting a well thought out presentation. They think their customary three minutes mean something. But alas, that foolish thought could be swatted down by Chair Tootie Smith pronto.

Getting one minute, instead of the established three minutes to testify, has become like getting a consolation prize. They could have been silenced and marched out of the room, with the meeting continued on Zoom by the Commissioners.

During the time I was on Damascus City Council we allotted five minutes for public testimony for hearings instead of three minutes. It was no matter the crowd size.

Below are three recent meetings that point to iron fist techniques by the Commission:

1. On the night of February 16, 2023 citizens of Clackamas County poured into the Commission Chambers. They came to testify on a pending resolution that would complete the purchase of the Quality Inn by the County. They kept coming until they filled the Chamber, then a 2nd room, then into a 3rd. This assembly of people broke away from home, interrupted dinners and drove through dangerous winter weather. At stake was their safety, property values, destruction of established small businesses, and quality of life for their children.

Others, such as health workers and clergy came. They wanted to convince a majority crowd that was against the resolution that their mission was needed and morally responsible. The purchase was just the right piece of the puzzle in the crusade to help end the homeless problem in Clackamas County.
The purpose for the County was to finalize purchase of the Comfort Inn and then converting the Inn to a Homeless housing facility with mental health and addiction counseling.

Residents would over time be able to re-enter society. Money would come from State program Turn Key 2.0 in the amount of $8 million, $7 million Metro Supportive Housing Services funds and $205,090 from the County for the purchase. Estimates of the cost annually that would be passed onto the taxpayers could be up to $5 million the first year, not including the purchase price or remodeling costs to get the project started.

The contract to begin due diligence was signed back in November, 2022. The intent to purchase the Inn was not made public at that time, according to the Commission, in order to protect property negotiations. It was done behind the veil of showing interest in the purchase of the Clackamas Inn. What the County, seller and the State agreed to do as due diligence, was completed enough to formally move to the close of the sale in mid-December. The meeting on 16 February was to allow public comment before the Board of Commissioners voted yes or no to allow the purchase of the Quality Inn to proceed to finalization of purchase.

The resolution reads as follows:
Board Order approving the purchase of Quality Inn property at 9717 SE Sunnyside Road, Clackamas, OR 97015 and delegating signature authority to the Chair and County Administrator to execute all documents reasonably necessary to complete the closing of the purchase of the Property. Agreement is $15,205,090. Funding is through a combination of local and State sources, including the State’s Project Turnkey. 2.0 program. No County General Funds are involved.

Power-lust is a weed that grows only in the vacant lots of an abandoned mind.- Ayn Rand

The petitioners hopes for a fair hearing were immediately dashed when Chair Tootie Smith framed the issue by saying there would be much false information given by those in opposition to the purchase of the Inn.
Then she dropped the hammer. Citizens would have one minute, instead of the customary and expected three minutes. When their turn came up, many protested in vain, having crafted compelling testimonies not to be heard, traveled as far from Welches, to have their precious time held in indifference by the majority of this Commission and the County Administrator.

With an attitude of serving the large expected crowd, the County Administrator, Gary Schmidt and Chair Tootie Smith, who set the agenda, could have planned the meeting to satisfy the rights of the citizens. Instead of reducing the time allotted, have more meetings to hear testimony. This could easily have been done.

One Commissioner was on yet another taxpayer paid respite in DC for a number of days leading up to the night of the vote. Other Commissioners could have adjusted their schedules. On the next Monday the Commissioners were on “recess” for a week.

In my opinion, the majority of Commissioners had made up their minds already. They were indifferent. To them, open testimony was merely a check mark of public involvement required in the process.

In fact, for months leading up to this hearing Smith deliberately redirected attention to a property miles away to minimize public interference in her plan. The Commissioner’s vote that night was 3-2 in favor. Smith, Savas and Schrader ( yes ) Shull and West (no.)

So here we are. Major stakeholders with unanswered questions about the sale. Questionable preparation by staff. Small businesses, parents, and private property owners never contacted, who have major investments financially and personally.

The very people on the ground, the clergy and health workers, that know the heartache of homelessness could not share their insights into how individuals and families are destroyed.

The citizens who believed their opinions should be heard were merely a checkoff in a deceitful process.

Hard To Dance Good With the Devil On Your Back- Ray Buckley

This condescending attitude of Schmidt and Smith wasn’t reserved for only that night. For them, this is routine. Since Smith assumed the Chair, she has lead with an authoritarian manner by browbeating her male colleagues, cut off or cut down public testimony, and insulted citizen testifiers who challenged her.

2. In my opinion, Administrator Schmidt is a dogma driven functionary. Under him in January 2021 he allowed all 22 department heads to invoke what they described as their unified statement of “power dynamics” that called them to “raise our voice.” The purpose was to overturn an election by openly shaming a newly elected Commissioner into resigning. It was no coincidence that this Commissioner campaigned slimming department budgets. Their misplaced sense of their own importance and misreading of their ability to execute a power grab caused them to fall short.

Schmidt handed their demand letter to the Commission claiming he needed help. This County Administrator publicly appealed for someone else ( Commission ) to manage his departments, and to solve his unsolvable problems. If he really didn’t know what to do, he should have resigned on the spot, citing incompetency. His annual compensation package,including salary and benefits of somewhere near $300,000, demands that more should have been expected of him. Clearly, this was a charade to open the door for “ helping actions “ by the Commission. The targeted Commissioner refused to resign and is still serving.( see link below )

3. On January 13, 2022 there was another overflow crowd ready to testify at the Commission business meeting. Chair Smith and Administrator Schmidt, each lacking the skillset necessary to calm things down and allow public testimony, canceled public testimony and finished the meeting virtually. But, not before Chair Smith cruelly accusing the public attendees of criminal motives.

I define tyranny to include suppression using absolute or oppressive power to control discussion and outcomes. We desperately need change.

  1. Link to U.S Constitution Amendment #1
  2. Link to Business meeting
  3. Link to Power dynamics 3 parts

Bill Wehr

Clackamas County

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