Resolution A: Regarding Incorporated and Unincorporated Cities in Multnomah County

For those who might be wondering - as I still am:

1) You can find Resolution A at the Multnomah County website simply by entering Resolution A into the seach box.

2) You can also search Portland Online.  It's not easy to find Resolution A, but you can find references to it. Let us know if you can find a direct link.  We should be able to presume that the Multnomah County Resolution A is the same as a City of Portland one, and everyone does refer to it as an "agreement between Portland and Multnomah County," but ... I can't find a version with signatures from both entities.  It's possible there was sign-off at a 1983 meeting or that things were done differently back then or simply that I don't know enough about these inter-governmental agreements (IGAs), which is most likely.  On a regular workday, I'd just phone the city auditor's office to ask.  We all have much to learn about how laws are made!

3) I've reprinted the Multnomah County website's Resolution A here, but I recommend you look at the official copy in case my copy-and-paste transmission has dropped any important text:

Type:  Resolution, Order or Proclamation

Date:  03/15/1983

Number:  Resolution A

Title:  IN THE MATTER OF PHASING OUT OF DELIVERY OF URBAN LEVEL OF SERVICES IN THE UNINCORPORATED AREA OF MULTNOMAH COUNTY DURING THE NEXT THREE YEARS (RESOLUTION A) 

Text:  BEFORE THE BOARD OF COUNTY COMMISSIONERS OF MULTNOMAH COUNTY, OREGON
RESOLUTION A

In the matter of Phasing Out of Delivery of Urban Level of Services in the Unincorporated Area of Multnomah County during the next three years (Resolution A)

WHEREAS, the Board of County Commissioners is considering the mission and purpose of Multnomah County; and

WHEREAS, the 150,000 persons currently residing within Multnomah County's urban growth boundary outside incorporated cities require long-range planning for services; and

WHEREAS, it is in the public interest to clearly express the County's mission regarding providing services in mid-Multnomah County; and

WHEREAS, Multnomah County's resources are insufficient to continue current service levels and the government is facing a significant revenue shortfall of approximately $14 million in general resources for FY 1983-84; and

WHEREAS, the first priority for the available resources of Multnomah County shall be for those services available to all residents of the County, such as Assessment and Taxation, Elections, Corrections, Libraries and Health Services; and

WHEREAS, "municipal services" is defined as governmental services usually provided by city governments and shall include but not be limited to police service, neighborhood parks, and land-use planning and permits, "urban" shall be defined as governmental service comparable in quantity and quality to incorporated municipalities, and "rural" shall be defined as governmental service comparable in quantity and quality to unincorporated service areas outside urban growth boundaries.

THEREFORE BE IT RESOLVED, that County services generally described as "municipal services" at a level considered "urban" rather .than "rural" shall be proportionately reduced starting FY 1983-84 through FY 1986-87 to establish a minimal and essentially rural level of municipal services throughout Multnomah County.

ADOPTED March 15, 1983.

BOARD OF COUNTY COMMISSIONERS FOR MULTNOMAH COUNTY, OREGON
By Gordon Shadburne, Presiding Officer

APPROVED AS TO FORM:

By John B. Leahy, County Counsel

Online Privacy Protection, CRS Report

beSpacific alerts us to this Congressional Research Service (CRS) report on federal privacy protection laws:

Excerpt: “"There is no comprehensive federal privacy statute that protects personal information. Instead, a patchwork of federal laws and regulations govern the collection and disclosure of personal information and has been addressed by Congress on a sector-by-sector basis...." (Link to full beSpacific blog post.)

Link to beSpacific homepage.

Link to Open CRS homepage.

Can one operate a business in (an Oregon) jail or prison?

The short answer is, “it depends on the business.”  You can bet that Jeffrey Archer worked on his novels while in prison, but I’m pretty sure Bernie Madoff isn’t “investing” (or whatever he called it - what's a verb for running a Ponzi Scheme?) anyone’s money, although one can never be too sure with some people.

It also depends on the crime for which you have been incarcerated, the prison, and the state’s laws, regulations and prison policies.  It’s not inconceivable that if you invent, say, a better mousetrap, while incarcerated, you might be granted more leeway than if you invent a designer high-tech shiv (just sayin’), but whatever you do, please read up on the law, ask the prison authorities, and ask a lawyer.

Here in Oregon that means starting with the Oregon Revised Statutes (ORS) and the Oregon Administrative Rules (OAR), e.g. Chapter 291 Department of Corrections, perhaps including but not limited to 291-105-0015 Rules of Misconduct.

Of course one also needs to learn about running a business!  There are a lot of places to start with that, and the Oregon blog is a great place to begin.

Take the Nolo Librarian Survey

The latest Nolo newsletter (May-June 2011) asks us to Take the Nolo Librarian Survey:  Nolo wants to understand how librarians buy their materials. To help them out (and they are already VERY library and librarian friendly), take the survey - win prizes for your library.

If this link “Take the Nolo Librarian Survey!” doesn’t work, try ...

... from the Nolo Newsletters webpage, click on the Email Newsletters link - you want the May / June 2011 Newsletter that has the Take the Nolo Librarian Survey! blurb.

(Whew. If you manage to find an easy-to-find link from their homepage, without going through the newsletter, let me know.)

Another Free Law Reporter: But Why?

CALI’s Free Law Reporter is an interesting project, sort of, maybe; I’m just not sure why the creators are putting their limited time into it given that we have so many better, bigger, free sources of the same information (see sidebar), some of which also have search engines.  You can’t do legal research without a search engine, among other research tools, but you sure can't do real legal research without adequate content in the database.

See also May 18, 2011, Law Librarian Blog post:

“Legal Citation Indexes: They may not be needed in the 21st century because smarter tools will be available”

Maybe I'm missing something, which won't be the first time!

Work Permits Not Needed for Oregon Teens

Visit the Oregon Bureau of Labor & Industry (BOLI) website for more information.

See the Child Labor webpage, which explains why Work Permits are no longer needed.

OREGON LEGAL RESEARCH BLOG: DISCLAIMERS and REGRETS

We cannot respond to most legal research questions.

Disclaimer: The information provided on this blog is for research purposes only.  We do not provide legal advice, nor do we endorse any person, product, or company.

Disclaimer: It is against state law for library staff members to engage in any conduct that might constitute the unauthorized practice of law (ORS 9.160, 9.166 and 9.21).  They may not interpret statutes, cases or regulations, perform legal research, recommend or assist in the preparation of forms, or advise patrons regarding their legal rights.  They may, however, assist patrons in locating materials or links that would aid in individual research.

Oregon Supreme Court: Concealed Handgun License & Medical Marijuana Case

Summary excerpt (from the May 19, 2011, Oregon Supreme Court, OJD Media Release):

“… Today, the Oregon Supreme Court held that sheriffs must issue concealed handgun licenses to applicants who meet the statutory requirements for such issuance, regardless of the applicants' use of medical marijuana. In doing so, the Court rejected arguments raised by sheriffs from two different counties that, to the extent that Oregon's concealed handgun licensing statute does not concern itself with an applicant's use of marijuana, it is preempted by a federal statute that prohibits possession of a firearm by any unlawful user of a controlled substance….”  [Link to OJD Media Releases.]

Link to full (consolidated) case:  WILLIS v. WINTERS (CC 07-2755-Z7; CA A139875; SC S058645), SANSONE v. GORDON, STEVEN SCHWERDT v. GORDON, LEE WALLICK v. GORDON, (CC C073809CV, C0073810CV, C073811CV; CA A139802; SC S058642)  [Link to full Oregon Supreme Court case.]

How to Find Out if Someone Has Been Sued, Convicted, or is on a Sex Offender List?

Do you want to do a “background check” on an employer (individual or corporation), a future or current partner, an employee, a “friend,” or a colleague?

FIRST and FOREMOST: Keep your expectations realistic.  If you expect to find all the data you are seeking in one place, one database, one website, or one-anything, you are gravely mistaken.

We just got a copy of "Wanted! U.S. Cirminal Records: Sources & Research Methodology," by Ron Arons.  (There are other books on researching public records, too.  They will cure you of any illusion that searching public (and private) records is for the faint-hearted.)

SECOND, Check the state’s court records databases and, if you’re researching a business, with the state's attorney general's office. You could check those here in Oregon (or other state), but you will also want to check the records in the state where the company is headquartered or incorporated and in other states where it does business.

To check if any lawsuits have been filed in Oregon, you can visit any county circuit courthouse and ask for the public OJIN workstation. Staff will be able to assist you.

The Oregon State Attorney General's website has contact information.

If you’re searching for lawsuits against a business, you can also check at the Federal Trade Commission (FTC) website

You will need to check in other states to see if any suits have been filed in states other than Oregon.

IMPORTANT: If you use any online public records databases, read the PI Buzz blog post following up on their Due Diligence one as a start.  If you’re inclined to read more about searching public records, follow the links.

THIRD: If any suits have been filed in federal court, you'll need to find a library with access to PACER or visit a federal courthouse. There are several in Oregon (e.g. courthouse directory).

FOURTH: As for those Sex Offender databases, in Oregon and for beyond, check the FBI Sex Offender Registry website.

LAST, BUT NOT LEAST: Consider hiring a professional investigator.

OREGON LEGAL RESEARCH BLOG: DISCLAIMERS and REGRETS

We cannot respond to most legal research questions.

Disclaimer: The information provided on this blog is for research purposes only.  We do not provide legal advice, nor do we endorse any person, product, or company.

Disclaimer: It is against state law for library staff members to engage in any conduct that might constitute the unauthorized practice of law (ORS 9.160, 9.166 and 9.21).  They may not interpret statutes, cases or regulations, perform legal research, recommend or assist in the preparation of forms, or advise patrons regarding their legal rights.  They may, however, assist patrons in locating materials or links that would aid in individual research.

New Feature on Oregon Legislature Website

The Oregon State Legislature has added a new feature to its website, an enhanced measure search tool. The new measure search adds the following information to search results:

• Relating to Clause
• Current Location of Bill
• Fiscal and Revenue Statements
• Staff Measure Summaries
• Measure History
• All Versions of the Measure

The previous measure search tool (still available on the website) only provided information on a measure's history. The enhanced search makes it easier to see pertinent information about a measure all on one page, instead of doing multiple searches on different parts of the website.  The search interface is also simplified, using drop down lists to select a session and measure type.  You can find the new measure search at the top of the right-hand navigation menu from any page on the legislature's website (look for the yellow "New" icon).

Oregon Used Books, Charitable Activities Law, and “Those Blue Bins”

About those Reading Tree and Thrift Recycling Management "Blue Bins" (not to be confused with the Blue Screen of Death):

Just as when something labeled “natural” isn’t always natural or naturally good for you, something labeled “local” or “charitable” isn’t always local or charitable. (E.g. “natural” melatonin brownies may not be all that natural – just sayin’ - and so is the NYT.)  Sometimes local and charitable really is local and charitable or a little bit of either or both.

Anyway! --- For anyone reading about the Reading Tree “Blue Bins,” and wanting to take a position, keep in mind that there are many facts to consider, including the one that books need to be recycled (or otherwise disposed of). There are many other issues to consider, too, such as:  free speech, marketing, and competition law, interstate commerce, small business, nonprofit, and tax exempt organizations law, and the law of charities.

The Oregon Department of Justice Charitable Activities Section has opened an investigation into Reading Tree and Thrift Recycling Management and is looking at some of those legal issues.  This does not mean there is anything wrong.  Remember that presumed innocent thing in our U.S. Constitution?

There is also the issue of “local-ness” (e.g. buy local, local food preferences).  Books donated to your local library for your own library’s book sales bring money in to your library to buy more reading materials (electronic and print and audio and digital a ebook, etc.) for your library.

The Oregon library community is looking for information, input, and fair dealing with the “Blue Bins” company, too, and librarians know that these, and most, things aren’t as simple as they appear at first blush.

For example, some libraries already work with the Blue Bin (Reading Tree) folks, and get their 25% local contribution.  The libraries have still experienced a drop in direct donations, but librarians are also fully aware that donors need convenient drop-off sites and that there are lot of after-sale books that need good homes or legitimate recycling.  The librarians know that they need partners in that “book sale” chain of events, with other charities and with book stores that sell used books as well.

Some libraries are approaching their local Chambers of Commerce to help everyone reach that sweet spot of business–charity balance, not to mention the landfill-recycling balance.

So, do a little reading and research before making any assumptions or drawing any conclusions.  And, talk to your local library and used-book bookstore owners too.

Sample online searches, but be creative and make your own!

oregon blue bins reading tree

reading tree used books

reading tree thrift management recycling

libraries reading tree used books donations

Nolo: 50 Things to do to Start Your Own Business

Nolo has this really great checklist for anyone wanting to start a business – and wanting to do so methodically:

Start Your Own Business: 50 Things you’ll need to do from insurance to accounting to taxes, here's what you need to do to start a business

Oregon (and other states) has lots of great small business websites with links to a zillion other necessary and useful How to Start a Business information.

Oregon Cell Phone Records and Warrants Law: on OPB’s Think Out Loud

Read and listen to a discussion about Oregon's cell phone records and warrants law at:

OPB’s Think Out Loud May 3, 2011, program: Think Out Loud: Cell phone search warrant?

Program guests:

1) Bronson James: Defense attorney with JDL Attorneys, representing James Tyler Nix in State of Oregon v. James Tyler Nix

2) Jason Carlile: District attorney for Linn County

3) Lyn Woodward: Panel attorney for the California Court of Appeals, represented Gregorie Diaz in People v. Diaz

The Oregon Supreme Court case (2010) (argued May 4, 2011):

(Webcasting of oral arguments can be found from the OJD mediasite (very cool – give it a try).)

State of Oregon v. James Tyler Nix (S058751) (A138483) (Appeal from Linn County Circuit Court; opinion reported at 236 Or App 32, 237 P3d 842 (Decided June 23, 2010). The Court of Appeals found that the search was valid and reversed and remanded.)

Questions for the Oregon Supreme Court:

“1) Whether the warrantless search of the entire data contents of a cell phone, without limit in scope or intrusiveness, is lawful for purposes of Article I, section 9, of the Oregon Constitution, when the search is incident to an arrest.

2) Whether, for purposes of the Fourth Amendment to the United States Constitution, a cell phone is a personal item, akin to clothing, which normally can be searched incident to an arrest, or instead is a possessory item, akin to luggage, which normally is excluded from the permissible range of objects that can be searched without a warrant when the search is incident to an arrest.”  (Link to full Calendar “Entry Form.”)

Does One Have an “Expectation of Privacy” in (an Oregon) Jail?

May 11, 2011, Oregon Court of Appeals opinion:

State of Oregon v. Steve Eugene Miller (A142748) (Brewer, C. J.):

Excerpt from May 11, 2011, Media Release:

"Defendant appeals from his conviction for private indecency, ORS 163.467, arguing that the trial court erred in denying his motion for a judgment of acquittal because the woman to whom he exposed himself did not have a "reasonable expectation of privacy," because she was an inmate sitting in the hallway of the Old Jail in Washington County, and inmates have no reasonable expectation of privacy under either the state or federal constitutions….

Held: The question of whether the act proscribed by ORS 163.467 was committed in a "place where another person has a reasonable expectation of privacy" is a question of statutory interpretation, and, thus, defendant's constitutional arguments were inapposite. The trial court correctly determined that the Old Jail was a "working area" under the plain meaning of that term. Affirmed." [Link to full Media Release.  Link to full case.]

The court cites to Webster's Third New Int'l Dictionary.

(Other Oregon appellate court opinions.)

Nolo Bought by Internet Brands, “a media company”

Read the Nolo announcement at their website: “We are pleased to announce that we have been acquired by Internet Brands, a new media company based in El Segundo, California….” [Read full announcement.]

You can also read about this at the IB CEO’s blog, welcoming Nolo.

Read about Nolo’s history.

Read about Internet Brands. [About: “In late 2010, Internet Brands was acquired by private equity firm Hellman & Friedman, creating a new partnership to support the company's continued success.”]

Can You Attend Law School Online?

I keep running across news stories where someone talks about plans to “attend law school online.”  I wondered about that, so did a little research.  Here’s what I’ve found so far:

Excerpt from ABA website:  "Currently, no law schools that provide a J.D. degree completely via distance education are approved by the ABA. Earning an education completely via distance education may drastically limit your ability to sit for the bar in many states...." (Link to ABA website.)

1) There is a difference between “going to” law school online and “going to” an ABA approved law school and fulfilling a given state’s requirements for sitting for the bar exam.

2) 49 states require you to have graduated from an ABA accredited law school as a prerequisite to sitting for the state’s bar exam and becoming a licensed attorney.

3) One state “allows” you to sit for the bar exam without first having graduated from an ABA accredited law school.  That state is California and they have their own set of requirements to fulfill before one is allowed to sit for the bar: State Bar of California website

4) Many law schools do offer courses online, and some (most) require you to be admitted to one of their degree programs.

These two websites have additional information:

1) American Bar Association (ABA) Distance Education information webpage

2) How to Choose an Online Law School and Become a Practicing Lawyer (from About dot com)

A One-Stop Website for Federal Court Opinions? Soon, Maybe, Eventually?

Free public access to federal court opinions through GPO’s FDsys may be coming soon.  A lot of people (e.g. those “it’s all online” types who haven’t a clue) think this is easy now – ha ha ha.

But soon it may be soon.  See the 3 Geeks and a Law Blog post:

Federal court decisions via FDsys dot gov pilot program

"The U.S. Government Printing Office (GPO) and the Federal Judiciary are launching a one year pilot program providing free public access to court opinions through GPO’s Federal Digital System (FDsys)...." [Link to full blog post.]

Thank you to 3 Geeks and a Law blog for the story!

Hmmm ... could free CRS Reports be far behind?  See C-Span coverage of discussion, hosted by the Sunlight Foundation.  (See also Open CRS website.)

Divorce Counseling for Oregon Women: Second Saturday Workshop

Visit the Portland Community College (PCC) Workshop, Second Saturday Workshop website on this divorce counseling for women program.

The National Second Saturday website gives the impression there is or will be a Divorce Counseling for Men program.

Also, don't forget to check your local nonprofit and government family law resources for additional free and low-cost divorce counseling options.

Oregon Lawyers, County Bar Association Services & Websites

I always learn something new when I look at Oregon lawyer bar association websites.

The Multnomah Bar Association (MBA) has lots and lots of information, for lawyers and for non-lawyers:

1) The MBA publishes the excellent Juvenile Rights Handbook.

2) Lawyers volunteer for Multnomah County Animal Services Hearings through the Multnomah Bar Association’s YLS Services to the Public Committee.

3) The MBA YLS also has a New Admittee Survival guide.

4) And, they have Interviews with Oregon judges.

The Washington County Bar Association website is primarily for lawyers who practice in Washington County, but you can always visit the Washington County Law Library for lots of non-attorney legal research guides.

The Clackamas County Bar Association (and the Clackamas County Law Library) includes a link to their excellent Lawyer’s Survival Guide to Clackamas County Courts.

Last, but not least, don’t forget the Oregon Bar Association (OSB) website.  They have a directory to Oregon county bar associations.  Not all county bar association weblinks are listed, so use our friend “Google” to find out if there is one.

How does a government entity get a dot gov domain?

Wikipedia has a very helpful dot gov page that explains the process for the U.S., for other countries, and for lesser-included (so to speak) government entities such as cities and counties.

For U.S. dot gov and those lesser-included government entity dot gov naming and URL claiming instructions, where else would you go, but to dot gov.gov?

Welcome the New (in name): Public Law Library of King County

Public Law Library of King County

“The King County Law Library has a new name, Public Law Library of King County, and a new Director, Rita Dermody.

Since the library is open to everyone, not just lawyers and court personnel, the King County Law Library Board of Trustees recommended this name change to make the public feel more welcome…." [Link to library’s website.]

Whatever Happened to the Oregon Ballot Measures Archives Project (BMAP)?

The last I heard (in 2009) Joshua Binus was trying to save Oregon Ballot Measure files from being tossed into the recycle bin by the Secretary of State’s office (which was complying with state records retention laws).

With the help of other librarians, I tracked Joshua down and the good news is he will be getting back to the BMAP in the near future – hurray!  He says records are at PSU and with any luck, he’ll find a permanent home for the project and its own advocates so he doesn’t have to be a one-man-BMAP-band.

1) You can see my previous blog post on the project:

Oregon Ballot Measures Archives Project

2) There was also an excellent presentation by the BMAP founder, Joshua Binus, at the Oregon Library Association annual meeting: NW Central (Oregon librarians) 2009 program on the BMAP.

3) If you’re interested in other Oregon history and civics websites, try these websites:

a) Oregon Encyclopedia

b) Ballotpedia (Oregon)

c) Oregon Historical Society

Scam Alert: Bogus Bin Laden Videos

The Oregon Department of Justice alerts us to this:

"SCAM ALERT: BOGUS BIN LADEN VIDEOS, May 3, 2011

The death of Osama bin Laden is undeniably one of the biggest stories of the last decade. Oregon Attorney General John Kroger, however, cautions Oregonians to be careful when searching the internet for footage or news about bin Laden's death. As seen with the Japan earthquake and tsunami, cybercriminals exploit top stories by creating fake videos, photos, Google ads, and news reports that contain malware and viruses...." (LInk to full news release from the Oregon Department of Justice.)

Justice Bedsworth Broods about Roosters Packing Heat

The O(range) C(ounty) Bar Association monthly OC Lawyer Magazine, once again brings us Justice Bedsworth who has a hard time getting his head around homicidal roosters, foxes, and other animals who are starting to fight back:

"Dog Bites Man Bites Broadcasting Career," by Justice William W. Bedsworth (yes, he’s a real judge!)