Oregon’s 2024 Pensions Bill Shows Need for New Conflict of Interest Rules

It looks like Oregon’s firefighters got what they paid for in the Oregon Legislature’s 2024 session.

In the last week of the session, the Legislature passed HB 4045, the Public Safety Workforce Stabilization Act, by a vote of 55-2 in the House and  25-5 in the Senate.

The bill, which Governor Kotek has not yet signed, would lower the retirement age with full benefits for firefighters with five years on the job from 60 years to 55, substantially increasing the deficit of the Public Employees Retirement System (PERS) and increasing employer costs. 

“…we believe that public servants deserve robust pay and benefits, excellent health care, and solid retirement. However, we are concerned that HB 4045 risks making the entire system insolvent through the unanticipated consequences via well intentioned policy,” commented Hasina Wittenberg, speaking for the Special Districts Association of Oregon & Oregon Fire District Director’s Association.

Left unmentioned in most media coverage of the bill is the name of the legislator behind it, Rep. Dacia Grayber, a Democrat who represents House District 28.

Rep. Dacia Grayber

Grayber’s role is relevant when you consider her occupation and examine contributions to her 2022 election campaign.

First, Grayber is a firefighter herself, a member of  Tualatin Valley Firefighters Union – IAFF Local 1660. That means she will benefit from her bill.

Dacia Grayber, firefighter (Source: IAFF.org)  

Second, at least $45,000, a hefty chunk of contributions to her 2022 campaign, came from firefighter-affiliated labor unions: 

Contributor Amount

Oregon State Fire Fighters Council $ 10,000

International Association of Fire Fighters FIREPAC. $ 10,000

Portland Metro Fire Fighters PAC (223) $ 10,000

Professional Firefighters PAC (3219) $ 10,000

Salem Fire PAC (245) $ 5,000

In a March 4, 2024, letter to the Chief Clerk of the House, Grayber declared a potential conflict of interest because she could be impacted by the retirement age change. That’s not enough.

A May 2021 report from the Secretary of State’s Audits Division noted Oregon is one of only two states that require legislators to vote on matters on which they have an actual conflict of interest.

“The vast majority of states…either require or allow legislators to recuse themselves from voting on such matters,” the report said. “Some states go further, barring lawmakers from taking part in any discussion or action on bills in which they have a personal interest.”

The audit declared that such declarations are “a legislative loophole…(that) undermines the idea that public officials should not be involved in decisions that would benefit them, their family, or close associates.” 

The report also cited a recommendation by Santa Clara University’s Markkula Center for Applied Ethics “…that a conflict of interest is not resolved by being transparent about it…”

The audit report called for the Oregon Legislature to “…consider changing statutes and chamber rules to require lawmakers to recuse themselves from any discussions, debates, or votes on such measures.”

It’s way past time for the Legislature to do so. 

The language police: a cautionary tale

T. Hayden Barnes knows what it’s like to be a victim of the language police. His is a cautionary tale for the rest of us.

Barnes

T. Hayden Barnes

It began a long, long time ago. In March 2007, Valdosta State University (VSU) in Valdosta, Georgia, announced plans to spend $30 million to build two parking decks for 2000 vehicles on campus.

On April 19, Barnes wrote a thoughtful letter to the Editor of the VSU ‘Spectator’ newspaper questioning the wisdom of the decision to build “two large, expensive and ugly” parking decks and calling on the Faculty Senate and Student Government Association to press VSU’s president, Ronald M. Zaccari for answers on numerous questions associated with the plan.

On April 26, Barnes wrote to Zaccari asking for an exemption from the proposed $100 student fee to finance construction of the garages. In return he would contribute $100 to an environmental cause on campus. Attached to his appeal was a flyer replicating a posting on his Facebook page depicting the “Zaccari Memorial Parking Garage”, a sarcastic reference to concerns Zaccari had expressed in a meeting about his “legacy” as VSU’s president.

Flyer

Reaction was swift. Seizing upon the tragic school shootings at Virginia Tech University as a pretext, Zaccari took steps to brand Barnes as a “danger” because of his non-violent speech activities.

On May 7, Zaccari wrote to Barnes asserting that because of his behavior and the flyer he was “a clear and present danger” to the university and had been administratively withdrawn from the school.

Barnes appealed to the Board of Regents of the University System of Georgia. “I hope for redress, so as not to materially interfere with my constitutional rights to due process…,” he said.

Barnes sought help from the Foundation for Individual Rights in Education (FIRE), a nonprofit educational foundation supporting due process and freedom of expression.

In January 2008, Barnes, in cooperation with FIRE, filed a civil rights lawsuit in the U.S. District Court for the Northern District of Georgia against VSU, Zaccari and the Board of Regents of the University System of Georgia.

The Board of Regents reversed Barnes’ expulsion, but the lawsuit went forward.

Three years later…..

The U.S. District Court for the Northern District of Georgia rules in Barnes’ favor. The Board of Regents appealed.

Eight years later…..

On July 23, 2015, more than eight years after his expulsion, Barnes’ lawsuit against VSU and former VSU president Ronald Zaccari concluded with the announcement of a final $900,000 settlement.

“It has been an epic journey,” said Barnes.

 

P.S. – Barnes ended up graduating from Kennesaw State University in Atlanta, GA.