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December 17, 2009 Opinions |
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—Editorial—
This We Think...
City Manager Hiring
We understand the Council’s desire to wrap up their hiring of a city manager before the holidays. However, we don’t think they are giving enough notice to hold a meeting for public input on their selection of a potential finalist for city manager.
This newspaper received a notice from the City on Tuesday that council may hold a meeting where public input will be allowed, on Friday, Dec. 18, at noon. The notice stated that they would alert the local media by noon on Thursday if this meeting is to take place. This meeting notice will come too late to benefit our readers. And the other local newspaper, the Baker City Herald, although printed on Friday, will not be delivered in time for their readers to attend the meeting.
How is this allowing for public input if no one knows about the meeting? Saying that you might have a meeting for public input, and if you do, you will give 24 hours notice to local media that will not have time to advertise it, is not what we would consider allowing for public input — that is if you really do desire public input.
We hope council will reconsider and allow more time to advertise the meeting so those interested will have ample notice to attend.
Bulldogs
Even though the BHS Bulldogs lost to Marist at the state championship games, coming in second is no small potatoes. Congratulations to the team and coaches for a job well done! We are proud to have athletic teams of this quality and dedication in our community.
Joel Cummings
Joel Cummings, the local young man in need of a lung transplant who passed away Nov. 22 captured our hearts with his positive outlook, courage and enthusiasm for life. We are saddened by his passing, and our thoughts and prayers go out to his family.
Although a raffle for a new Ford pick-up to raise money for Joel has been canceled, we hope none of those who bought tickets will request a refund. Joel’s family will still have a mountain of expenses to pay, and no one should have to face that alone, especially after loosing a loved one.
—Guest Opinion—
Travel Management Plan — What Is The Point And What Is The Authority?
By Roy Barnes, retired, OSP
The Travel Management Plan (TMP) by the USDA and USFS is in violation of the Civil Rights Act, and the ADA Act., by “excluding” the disabled and those who accompany them.
The Constitution comes before Federal and State Laws and Statutes by which you must obey. The Oath of Office requires that the Civil Rights Act be enforced.
The ADA states that prohibited acts include: in critical areas such as transportation, recreation, and access to public services; outright intentional exclusion, overprotective rules and policies, failure to make modifications to existing facilities and practices, exclusionary qualification, occupy an inferior status in our society, and are severely disadvantaged socially, assure equality of opportunity, full participation, independent living, unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.
The TMP is also in violation of the Rehabilitation act of 1973.
Currently The USFS in Baker County has well over 1,600 miles of roads call ed ML-1 roads, that are currently open, yet they have bermed (tank traps) the vast majority of them, and say if you can get around the berm (tank trap) its legal to do so. Problem is the disabled can’t, or shouldn’t for safety risks. By law the USFS should have in place at each one of these berms (tank traps) a passage for wheelchairs. The Rehabilitation act of 1973 sec.504 directs the USFS to do this, yet to date they have not. How old were you in 1973?
The USFS is in its final stages of the Travel Management Plan. For those who have not been following this process, it is a plan to possibly close over 1,600 miles of these roads they now call ML-1 roads. They propose to not only close the roads, but in some cases actually decommission (demolish) them. The roads that are closed will no longer have road numbers on them, all roads will be closed unless marked open. Roads without numbers will frustrate police emergency response, to what address do they respond to? The roads will be closed to routine patrols (the police do not patrol closed roads) which in turn frustrates enforcement of drug laws and game violations ect., including community policing, which was established with much effort.
No one will be able to use them as roads, except hikers, bikers, horses, and snowmobiles. The USFS says the disabled will be able to use them, but only on a wheelchair that is defined in the Wilderness Act as “suitable for use in an indoor pedestrian area.” They further state in directive to Regional Recreation Directors: A wheelchair, even a battery powered wheelchair, that meets this definition is permitted anywhere foot travel is permitted.” And this does not include aftermarket retrofit of a motorized unit to make it useable by a person who has a disability. "Suitable for indoor pedestrian use" means useable inside a home, mall, courthouse, etc.”
This area is not a wilderness so why does the USDA and USFS want to keep treating it as such, with the definitions they keep trying to use? Anybody who has ever been in the forest on a forest road knows that this type of wheelchair would be very dangerous.
No where in the Rehabilitation Act of 1973 does it state that this is the only mode of transportation the disabled can use in the forest on roads, except in a Wilderness area.
The U.S. Constitution comes before Statutes, Edicts, Ordinances, Rules or Regulations.
As an example of Policy or Regulation vs. Constitution, 14th. Amendment, Civil Rights Act, ADA Act. USFS directive: file 2350 to Regional Recreation Directors:
“A wheelchair is a device designed solely for use by a mobility impaired person for locomotion, that is suitable for use in an indoor pedestrian area. A wheelchair, even a battery powered wheelchair, that meets this definition is permitted anywhere foot travel is permitted.”
"Designed solely for use by a mobility-impaired person" means that the original design and manufacture of the wheelchair was only for the purpose of mobility for a person who has a disability. This does not include aftermarket retrofit of a motorized unit to make it useable by a person who has a disability. "Suitable for indoor pedestrian use" means useable inside a home, mall, courthouse, etc.”
This is what the ADA states: (permitted uses)
(1) Auxiliary aids and services. The term “auxiliary aids and services” includes
(C) acquisition or modification of equipment or devices; and
(D) other similar services and actions.
There are obvious differences between the USFS and the ADA on modification (aftermarket retrofit). By regulation and directive the USFS says that you cannot retrofit. By Statute of the U.S. Congress in passing and the President by signing on Sept. 25, 2008, the ADA Act with amendments of 2008, says you can retrofit. The courts have ordered that all rules, regulations and laws are invalid if they are in conflict with the Constitution.
What has it accomplished by the local public entity having a seat at the table, granting “Lead Agency” (USFS)? Has it accomplished compliance with our U.S. Constitution, 14th Amendment, Equal Protection, Civil Rights Act., The ADA Act., RS 2477, Mining Act., ect.? Can we call these compelling reasons to reject granting of “Lead Agency” to the USFS? First we expect obedience to the rule of law. There is no authority for acts illegally done.
The Deprivation of Rights Under Color of Law statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.
Punishment varies from a fine or imprisonment of up to one year, or both.
I hope this helps clarify how the Travel Management Plan and the Laws that are in conflict.
—Letters To The Editor—
Why Vote For Obama Again?
To The Record-Courier:
In a letter to President Obama
Mr. Obama, respectfully, why don't you think of those kids who cannot break bread with their loved ones on Thanksgiving Day and bring them home? They have spent nine Thanksgivings in a war we cannot win. And we are spending money we do not have.
The height of damn foolishness is spending money we don't have on things we don't need. What we do need is a lot of infrastructure work done in our own country. Here is a suggestion: why don't we bring those boys home and let them clean up our own country? We could start with the forests—they are so clogged with dead branches , etc. that when lightning strikes and starts a fire it’s impossible to fight and they burn constantly for days and days, destroying homes and peoples lives. I doubt if you have ever lived near a forest, so your life would not have been affected.
There are many other projects that would give us a country we could be proud of. Why don't you study what FDR did during the last depression? I say the last depression because we are surely hurtling toward another one on a path that we cannot stop.
Forget getting elected next time—give us a reason to vote for you again.
Elizabeth Burroway
Reno, Nev.
More About Vespers
To The Record-Courier:
After reading the article in the Dec. 10 edition of the paper, I feel the need to add to the history of the Vespers program at the high school. I know, because I participated in them in the years of 1956, 1957 and 1958, that they were held each of those years. I also believe that they were held many years before that. Ray Heick was the choir teacher at both the junior high and high schools when I attended there. I do not know if he started the Christmas choir candlelight program, or if it was already in existence.
It has always been a memorable experience for me to have been a part of the program, and I remember walking down the aisle of the auditorium singing "O Come All Ye Faithful."
Merry Christmas and happy New Year to all!
Bob Jewett
"BHS Class of ‘59’
Where Are Our Christian Rights?
To The Record-Courier:
I said in my last letter to the editor that I would say more about political correctness and what it has cost you, me and our country. What is political correctness? It is a way for those who disagree with your faith, your lifestyle, your views, even when what you say and believe is the truth and the correct way. To make you out to be the bad person and stupid without any understanding when they are openly confronted politically and morally. So far, everyone in this country has the right to believe and practice their faith. What I am tired of hearing is that all faith led to the same God, and there is more than one way to Him. I used just one example in my letter to the editor on the Koran printed Nov. 19. You should read that letter. Political correctness is a disease that has crept into talk shows, into many of our churches, preached by pastors, priest and lay persons who are guilty of watering down what the Bible really says about any subject, such as abortion, homosexuality, heaven and hell and the actions you yourself take to gain one or the other all under the guise of being a modern religion.
Have we forgotten that God said He changes not. Jesus, “the same yesterday, today and forever.” When we are asked not only by our government, but by those who oppose the truth to just be silent, don’t complain put your head on the chopping block, be a good little Christian. When we do this we are totally useless in God’s hands. Some say we are waiting on God to do something, just maybe God is waiting on us to do something?
My Bible reads that God never fought his People’s battles till they first went to the front lines themselves. Cal Thomas wrote a great comparison in his column between the attack on Christians and the political correctness with Muslims. He said, “diversity is no longer a two-way street. Christians are to be discriminated against and silenced, our sacred symbols taken from crosses on desert mountain, our Nativity displays in public places are banned. Increasingly forbidden to pray publicly in Jesus’ name, but Muslims can speak of Allah and Mohammed anywhere they like, and like he said, who is foolish enough to try and silence them?” Why is it then when this country was founded on our God and Christian roots that we are being silence and rights are being taken away yet others are given rights that should be ours? Like Muslims who are accommodated, pacified and given special rights like ritual footbaths, prayer rooms, prayer time at public schools and universities that would probably be denied and challenged as violations of Church and State if a Jew or Christian were to make the same request.
Why the roadblock for one and not the other? Something is wrong with this picture and it smells! It’s time to fight or become subjects instead of citizens!
Richard Fox
Baker City
SDA Food Drive Thank You
To The Record-Courier:
What a generous community we find ourselves in!
The Baker City Seventh-day Adventist Church would very much like to thank those who donated to our 60th annual Thanksgiving food drive. Thanks to you, 212 households received a food box this year.
We would also like to thank the Presbyterian Church for its donation of turkeys to help fill many of the boxes, and the Fish & Wildlife Dept. for its contribution of a confiscated elk.
And of course thanks are due as well to those doing the actual legwork—the students of the Baker Valley Adventist school, their drivers, and to those serving quietly in the background.
John Sublett, Communications Secretary
Baker City
Keep Hydrants Clear of Snow
To The Record-Courier:
Baker City Fire Department is requesting your assistance with keeping snow cleared away from fire hydrants. Baker City has more than 500 active fire hydrants and approximately 30 private fire hydrants.
Fire department members have been working to clear hydrants; valuable time can be saved with the community’s help in proper snow removal.
Hydrants need to be cleared a minimum of three feet around the hydrant as well as a clear path from the five inch steamer port to the curb.
Our community’s participation will be greatly appreciated. For any questions or concerns please contact the Baker City Fire Department at 523-3711 from 8 a.m. to 5 p.m. Monday through Friday.
Sara Blair
FF/EMT-P, Prevention Coordinator
Baker City Fire Department
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