Attorney Jack Swift -- Commissioners Keith Heck and Cherryl Walker Continue to Lie

COMMISSIONERS KEITH HECK AND CHERRYL WALKER CONTINUE TO LIE

By Attorney Jack Swift, JD
October 23, 2013
NewsWithViews.com

Grants Pass, Oregon: -The advocates for overhaul of our County ordinance structure are apparently feeling the heat and taking to the media to try to sell their position. Last Tuesday, Keith Heck went on KAJO and attempted to defend the ordinances as a “good idea.” The next day, the Illinois Valley News published an opinion interview with Cherryl Walker.

Although both appear desperate and both continue to mislead with the “this is all about nuisances” line, they clearly cannot get their stories together. They have managed to contradict themselves as well as the ordinances. It gets difficult to keep the stories straight when you attempt to tell a lot of lies.

The idea that this package of County legislation is about nuisances is purely and simply a red herring. Almost everyone knows someplace that qualifies as an eyesore, so the lie has a sort of universal appeal. The problem is that Measures 17-54 and 55 apply to all County plans, ordinances, codes, rules and regulations. (17-54: 8.1 and 17-55: 3 and 5.3) In the entire scheme of County plans, ordinances, codes, rules and regulations there is exactly one that addresses solid waste and nuisances. There are literally thousands in the Planning Department. By what stretch of credulity does one say this package is about nuisances? This is not “spin” on their part. This is deliberate misdirection and deceit. What Mohammad Ali called “rope-a-dope.”

In his interview, Heck complained about the Republican Party opposing the ordinances. He claimed he was a Republican and there had been no poll taken. The decision was made by an executive committee. Obviously, Heck has no idea how the party works, how a platform is developed, or how grass roots work for that matter. This is understandable. At different times, he has claimed to having been registered as a socialist, a constitutionalist, and a republican. One would get the impression that he adopts any particular label as a matter of convenience in the peculiar context. See video below.

In point of fact, the decision to oppose these ordinances was adopted by the Josephine County Republican Party by election of its elected Precinct Committee Persons. The vote was taken at the regular meeting of the Central Committee - made up of the PCPs - and was unanimous. The chairman of the local Central Committee has received letters of support from 16 other central committees and the Oregon Party itself in the past week sent out a mailer urging opposition. Given his registration history, Heck’s lack of connection to Republican values is understandable.

In both interviews Heck and Walker stressed the need for waste control. Heck spoke of porta-potties sitting atop streams. Walker spoke of discharging waste into ditches and creeks. She wailed that the current ordinances don’t address these problems. Apparently she never heard of the DEQ. But, again in point of fact, the existing waste ordinance 90-16 does address the problem. See section 5.80.

It is a big deal for Walker that her nuisance ordinance would address meth labs. Apparently she believes a wannabe cop in the Planning Department will be more effective than the DEA.

Walker claimed the existing nuisance ordinance has no viable means for recovery of clean up costs. But 90-16:8.020(I) speaks to exactly that. 90-16:8.030(D) even provides for recovery of County’s attorney fees.

Walker stated that the accused would have a choice of trial in circuit court or before a hearings officer. This is absolutely false. 17-55:5.2M establishes this determination at the discretion of the Board of Commissioners.

Both Walker and Heck stuck to the line about speeding up the process - the need to relieve overcrowding in the court system. This has been shown to be an absolute lie. There is no such mass of litigation, never has been.

Walker and Heck stepped on each other about the issue of fines being paid to the department issuing the citation. It should be remembered that when first challenged on this issue, each one denied it. Exposed, they have now come up with rather conflicting explanations. Walker would have us believe that the intention is to provide a fund to help the indigent accused pay for the expense of clean up. (As if we are going to fine him up to $10,000 so as to have a fund to help him do the clean up and avoid the fine.) On the other hand, Heck now claims it was all a mistake and they have an order agreed to which will correct the situation.

But they can’t do anything with the order until the voters adopt the ordinances. Essentially this is a matter of him saying, “Trust us. We will make it right.” This from the people who tried to sneak these ordinances in and then lied about them when caught with their hands in the cookie jar.

Heck represented that the matter of imposing a $10,000 fine was only for egregious offenses. Another “Trust us.” Tell that to Angela Gabriel who got a $10,000 for failing to pay a $600 license renewal. When asked about the propriety of fining a landowner twice the value of his real estate, Heck didn’t answer. Walker didn’t go anywhere near the subject.

Walker launched into her usual claim of falsehoods being spread by the opposition. She said there is no provision for inspection by the hearings officer except under Circuit Court order. 17-55:23.3 supports her in that regard but she ignores the provision of 17-55:16.6. She said this isn’t about planning police. But 17-54 and 55 speak to all ordinances, etc., the majority of which are in Planning.

Walker claimed the opposition is worried about fines for birdhouse, grass, and gas cans. Obviously, she jests. The opposition is worried about fines up to double the value of one’s real estate for having a planning violation that involves some sort of profit.

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Walker also claimed the opposition was false in claiming fines had to be paid in advance. 17-55:13.1(B) speaks to that need in Circuit Court and 17-55:18.4 speaks to the hearings officer.

These commissioners cannot be trusted. We can put no faith in what they say. One would like to excuse them for not reading what they were enacting. But their blatant falsehoods after being exposed suggest a far more sinister situation. They are not ignorant persons. They are very intelligent persons with an agenda. These ordinances are obviously key to that agenda. These ordinances are evil. That should tell us all we need to know about Heck, Walker and their agenda.

Please vote NO on 17-53, 17-54, 17-55, and 17-56

Related Articles:

1- Commissioner Cherryl Walker, Kangaroo Court and Big Fines
2- Josephine County, Oregon: Sad Failure of Central Planning
3- Commissioners Cherryl Walker and Keith Heck Misinformed
4- Bureaucrat Cherry Walker - The Bully in Josephine County Government
5- What the Grants Pass Daily Courier Failed to Report
6- County Government vs. Citizens, Part 1
7- County Government vs. Citizens, Part 2
8- County Government vs. Citizens, Part 3
9- County Government vs. Citizens, Part 4
10- How Dennis Roler and The Daily Courier Politically Assassinates Fiscal Conservatives.

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Jack Swift is an retired attorney. Actively involved in the Republican Party and local politics, Jack would love to see honest Constitution following representatives in local Josephine County government. Jack believes if we are to save America from the grip of evil, people must get involved on the local level and expose wrongdoers at every opportunity. He is putting that belief in practice.

E-Mail: jhswft@earthlink.net

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