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Court proposes ordinance to preserve Second Amendment in Harney County

Veterans Service Officer Guy McKay attended the March 27 meeting of the Harney County Court to share some concerns that he’s heard from veterans regarding proposed state firearm laws.

“A lot of the guys are very concerned that, if these laws pass, that they’re going to have to give up their firearms, although they are law-abiding citizens and [have] never done anything wrong,” McKay said. “It’s my belief that these laws that they impose are not constitutional, and I don’t plan on abiding by these laws if they decide to pass them. In this respect, federal law usurps or is in front of state law. You cannot make state law to say that they can’t do something that federal law says they can do.”

Harney County Judge Pete Runnels thanked McKay for speaking on behalf of the veterans.

Later in the meeting, the court read Ordinance 2019-86, Harney County’s Second Amendment preservation ordinance, by title only.

In summary, the ordinance states that, “Harney County strongly supports the right of the people to keep and bear arms as stated in the Constitution of the United States of America and the Constitution of the Great State of Oregon, as interpreted by the United States Supreme Court and the Oregon Supreme Court, and vigorously opposes any state or federal law that unconstitutionally infringes upon these rights.”

The ordinance continues by stating that “to preserve the right of the people of, on, and in Harney County,” the court “will not authorize or appropriate governmental funds, resources, employees, agencies, contractors, buildings, detention centers, or offices for the purpose of enforcing any element of such acts, laws, orders, mandates, rules, or regulations that infringe on the right by the people to keep and bear arms.”

This includes, but is not limited to:

• registration requirements for existing lawfully owned firearms;

• prohibitions, regulations, and/or use restrictions related to ownership of non-fully automatic firearms, including but not limited to semiautomatic firearms (including semiautomatic firearms that have appearance or features similar to fully automatic firearms and/or military “assault-style” firearms);

• prohibition, regulations, and/or use restrictions limiting hand grips, stock, flash suppressors, bayonet mounts, magazine capacity, clip capacity, internal capacity, or types of ammunition available for sale, possession, or use;

• registration and background check requirements beyond those customarily required at time of purchase prior to December 2012; and

• restrictions prohibiting the possession, carry, or transport of lawfully acquired firearms or ammunition by law-abiding adult citizens or minors supervised by adults.

However, the ordinance acknowledges the provisions of preexisting law.

“As per county policy, we are adopting an ordinance. Therefore, it will require two readings. The first reading will be by title only. We will not be voting on this reading. We will wait until the second reading,” Harney County Commissioner Mark Owens explained.

Runnels added that the ordinance will be read again at the next county court meeting (April 10), and members of the public are encouraged to attend to share their views.

•••

Nick Brown, a partnership specialist for the U.S. Census Bureau, attended the meeting to discusses the 2020 Census.

“It is in the Constitution that, every 10 years, the people will be counted,” Brown said. “It was first written in 1787, and the first census was done in 1790. It has been done every 10 years since then.”

Brown said the primary purpose of the census is to determine how congressional seats should be divided throughout the country. The census is also used to decide state districting.

“So if you want to make sure that you’re represented in the state properly, it’s very important that all the residents in Harney County are counted,” Brown said.

He added that the census also impacts federal and state funding.

“Funding from the federal government and state government is decided very heavily based on population counts and the information that’s collected by the Census Bureau,” Brown said. “This is money that we are paying in taxes, and it should be going back to our communities,” he added, stating, “Every person that we don’t count is money that Harney County doesn’t get.”

Brown said the bureau is moving toward an online format, but people can also respond via phone or mail. There are officially 10 questions. The 11th question, concerning citizenship, is being reviewed by the Supreme Court.

“Basically, most [of] those questions are in order to understand the demographics of the areas that federal funding will reach in order to make sure that the right people are getting the right money,” Brown said. “The explanation for the citizenship questions is that it’s supposed to help protect voting rights.”

Brown added that Title 13, which was enacted in 1954, prevents the Census Bureau from giving any information (other than statistical data) to other federal agencies or anyone else.

“We take it very seriously that we will not give anyone else the information that is collected in the census,” Brown said, adding, “You’re giving as much information to the pizza-delivery guy just by him walking up and looking at you most of the time. That’s one of the things we like to stress. This is really basic demographic information.”

Per Brown’s request, the court will help create a committee of local people who can assist with the census.

A partnership specialist will also be hired to work with tribal communities.

•••

The court approved a findings of fact, conclusions of law, and order, which accelerates the redemption of tax-foreclosed property at 1359 S. Court in Burns.

During the county court meeting on June 20, 2018, Lt. Brian Needham of the Harney County Sheriff’s Office reported that the property contained a lot of trash, used toilet paper, mice, bugs, and probably rats. He added that there was electricity, but no running water, and the manufactured home lacked plumbing and contained buckets of human feces. Needham also noted that people were living in recreational vehicles without doors and windows throughout the winter months.

The court heard testimony from both sides during a public hearing on March 14, 2019.

Owens said, “I believe there were two determinations that we had made — that it was a public safety issue outside of the private property [which is] affecting other neighbors, and also that the land had been wasted.”

He added that the property owner agreed with these findings.

•••

In other business, the court:

• met with Burns Fire Chief Scott Williamson and Hines Fire Chief Bob Spence to discuss the cost of responding to fires outside city limits;

• received follow-up questions from Mary Ausmus regarding West Ridge Apartments.

For example, she asked why Greater Oregon Behavioral Health Inc. (GOBHI) was involved in the project.

Runnels said money contributed by Oregon Housing and Community Services came from a mental health fund, and one unit per building will be for someone who has a mental-health condition.

“Those folks will be screened through Symmetry Care and the Senior Center together [to ensure] that they are able to maintain a home,” he said.

Harney County Commissioner Patty Dorroh added that housing is considered a social determinant of health.

According to the Centers for Disease Control and Prevention’s website, “Conditions in the places where people live, learn, work, and play affect a wide range of health risks and outcomes. These conditions are known as social determinants of health;”

• approved Resolution 2019-07 in the matter of appropriating funds due to unexpected occurrence or condition.

Harney County received three reimbursable grants, including a $75,000 grant from Business Oregon for broadband, a $35,000 grant from the Department of Land Conservation and Development for workforce housing, and a $21,000 grant from the Department of Environmental Quality for woodsmoke;

• tabled signing a bargain and sale deed for Scott and Ellen Franklin. The court will consult with legal counsel concerning the property’s mineral rights;

• approved Resolution 2019-10 in the matter of naming a road in Harney County. The private access, which is located about 1.6 miles north of Highway 78, will be called Eagle Lane. This name was suggested by the majority of landowners who use the access;

• approved Resolution 2019-08 in the matter of appropriating funds due to unexpected occurrence or condition.

“In order to make our unappropriated ending fund balance correct, we need to move these funds from contingency to the general fund,” Harney County Treasurer Bobbi Jo Heany explained;

• approved Resolution 2019-09, which amends Resolution 2018-04 and adopts policies for the sale of county-owned land.

The resolution increases the application fee from $150 to $300 in an effort recoup the county’s processing costs;

• verbally approved adoption of the Greater Eastern Oregon Development Corporation Comprehensive Economic Development Strategy 2014-2019.

This formal approval was needed for the county’s Local Economic Opportunity Fund grant application;

• reviewed statement of work proposals for Silvies River flood-mitigation projects;

• discussed Public Notices of Water Use Requests;

• received correspondence from the U.S. Department of Energy’s Bonneville Power Administration regarding the Glass Butte Radio Station;

• received correspondence from the U.S. Department of Interior regarding a proposal to remove all gray wolves from protection under the Endangered Species Act (ESA).

Owens will write comments in favor of the removal and present them to the court;

• recognized Karen Zabala, Rozanne Ebar, Charles Dickinson, and Travis Hodnett for their service to the county;

• will a hold budget meeting on April 10 from 1-4 p.m. Additional budget meetings will be held April 11, April 22, and May 9, from 10 a.m. to 4 p.m.;

• will visit constituents in the Diamond/Frenchglen area April 10 from 6-7 p.m. in the Frenchglen Elementary School gymnasium;

• will visit constituents in the Fields area May 8 from 5:30-6:30 p.m. in the Fields Elementary School gymnasium;

• rescheduled its April and May meetings. They will be held April 10 and 23, and May 8 and 22.

The next meeting of the Harney County Court will be held Wednesday, April 10, at 10 a.m. in Runnels’ office at the courthouse.

Samantha White
Samantha White was born and raised in Harney County, and she graduated from Burns High School in 2005. After high school, she attended the University of Oregon where she earned a bachelor of arts degree in magazine journalism. White was hired as a reporter for the Burns Times-Herald in September 2012.

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