PLANS IN PLACE FOR MARTIAL LAW IN EUGENE, OREGON

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August 10, 1999

City manager gets added power if disaster occurs

By SCOTT MABEN The Register-Guard

The Eugene City Council unanimously approved an ordinance Monday night that gives the city manager the ability to act beyond his usual authority in the case of a major emergency, such as a devastating earthquake, flood or fire. The emergency management ordinance prompted dozens of complaints in recent weeks from residents who saw it as an unnecessary and potentially dangerous delegation of far-reaching powers.

Many opponents said it would allow one person, an unelected city official, to declare the equivalent of martial law and stomp on the rights of citizens.

But the six councilors present Monday voted to adopt the ordinance, noting that the city manager, city attorney and the city's emergency preparedness official had toned down the original proposal significantly. Councilors Pat Farr and Gary Rayor were absent.

The revised ordinance bears little resemblance to the original measure that triggered such an outcry, Councilor David Kelly noted. It evolved from "pretty outrageous" to reasonable, he said.

"In a time of crisis, someone has to be in charge," and the revised ordinance makes sure the city and not the state takes the lead in deciding when an emergency exists and what the appropriate response should be, Councilor Bobby Lee said.

One of the biggest changes from the first draft was to include language giving the council and mayor the ability to overrule the city manager's decision to declare a state of emergency or to enact any of 13 specific powers granted in the ordinance.

Among those powers are fixing prices to prevent gouging consumers, barricading streets, ordering a curfew, prohibiting firearms in public, limiting public gatherings, ordering evacuations and instituting rent controls for temporary emergency housing.

One of those powers was rewritten to allay fears that the city manager would be able to order the confiscation of personal property from private homes needed to alleviate an emergency.

The ordinance now specifies that the city may "appropriate merchandise, equipment or vehicles" from commercial or industrial businesses. The city is to reimburse the business within 30 days at the customary value charged for the items.

Nothing allows the city to take an individual's personal property, including food or other goods.

Some residents who had testified against the ordinance said they feared the original provision on confiscation of property could undermine citizens' efforts to prepare for problems triggered by the Y2K computer bug this New Year's Eve.

To address other critics' charges that the ordinance appears timed to coincide with the millennium bug, a new section was added prohibiting the city manager from declaring an emergency under the ordinance until Feb. 1, 2000, except in the case of a natural disaster.

In another major change, a paragraph giving city employees the authority to enter private property during an emergency was deleted.

And in one of several amendments made Monday night, the council changed the wording of who the city manager must try to contact before making an emergency declaration. Instead of using all reasonable efforts to contact "the mayor and a majority of councilors" to seek their input, the city manager must put in calls to the entire council.

"I believe we have an ordinance that can be effective in responding to a major emergency," City Manager Jim Johnson said.

The issue continued to draw opposition from residents through Monday night.

Eight residents spoke against it during the public forum the City Council held at the beginning of its meeting.

Copyright ) 1999 The Register-Guard

-- It's coming (get@ready.com), August 11, 1999

Answers

"The ordinance now specifies that the city may "appropriate merchandise, equipment or vehicles" from commercial or industrial businesses."

"Nothing allows the city to take an individual's personal property, including food or other goods."

This is nonsense. Businesses are owned by individuals. This law is incentive to reduce inventory rather than risk confiscation just at the critical time frame inventories need to be increased.

America's first experiment in Socialism, the First Jamestown Colony, failed and this town should learn from history.

Ten thousand laws have failed to improve the Ten Commandments.

-- Tom Beckner (xouttbeckner@erols.com), August 11, 1999.


Its just the usual precautions before a 2 - 3 day snowstorm.

-- Linda (lwmb@psln.com), August 11, 1999.

Ah, the power of fellow Y2K Doomers! Thanks brave Eugenians for going and voicing concerns! The changes are real improvements. And they gotta wait all the way to February 1 before declaring. Like that 90-day cooling off period before suing. LOL. OK, so prepare for 30 days of solo storm! This will be looked at and copied by other cities. Thanks for the pioneering efforts :-)

-- Ashton & Leska in Cascadia (allaha@earthlink.net), August 11, 1999.

link

-- mabel (mabel_louise@yahoo.com), August 11, 1999.

This was part of the proposed ordinance. Awaiting updated version.

PROPOSED EMERGENCY POWERS FOR EUGENE CITY MANAGER

Streets: Barricade streets and prohibit or regulate traffic on any public street leading to the designated emergency area.

Public gatherings: Prohibit or limit the number of people who may gather on any public street, public place or any outdoor place within the designated emergency area.

Curfew: Establish a curfew for when people must vacate public streets and public places.

Evacuations: Order the evacuation of people as necessary.

Weapons: Prohibit the sale, carrying or possession of any weapons or explosives on public streets and in public places.

Debris removal: Order removal of debris and wreckage that may threaten public health or safety on public or private property.

Confiscating property: Appropriate or confiscate merchandise, equipment, vehicles or property needed to alleviate the emergency. The city must reimburse owners within 60 days.

Price control: Regulate the use, sale or distribution of food, feed, fuel, clothing and other commodities, materials, goods and services by rationing, freezing, use of quotas, prohibitions on shipments, price fixing, allocation or other means.

Rent control: Establish rent controls and provide temporary or permanent housing.

http://www.registerguard.com/news/19990721/1c.cr.martiallaw.072 1.html

-- mabel (mabel_louise@yahoo.com), August 11, 1999.



Evacuation or confiscation would mean plenty of civil strife here in Michigan-militia country. I find it hard to believe that even folks in Eugene would accept it.

Anybody attempting either here would soon be shot, regardless of whether they wore a uniform.

-- Gus (y2kk@usa.net), August 11, 1999.


I believe the 'bread-basket of America' would become hostile as well, Gus. I'm in Kansas. I'm from Wyoming, however. Second lowest populated State in the country. Attempting this in Wyo would be similar to, "Red Dawn".

Only 8 residents out of the entire City had the balls to stand up and protect the rights of everyone. This country is pathetic, and in very deep doo-doo.

Baaaa-Baaaaaaaa. :o{

-- Will continue (farming@home.com), August 12, 1999.


http://www.registerguard.com/news/19990810/1c.cr.othercouncil .0810.html

-- mabel (mabel_louise@yahoo.com), August 12, 1999.

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