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Harney County Court discusses future of its Second Amendment Sanctuary Ordinance

The following are the unapproved minutes from the Harney County Court meeting held Dec. 1. The minutes were edited for clarity and length.

During the public comment period, Gretchen Bates stated that she opposes Ordinance 2021-04, which would rescind Harney County’s Second Amendment Sanctuary Ordinance (SASO).

Harney County Court enacted the SASO (Ordinance 2021-01) on June 2. This ordinance states that, “No agent, employee, or official of Harney County, while acting in their official capacity, shall participate in any way in the enforcement of any Extraterritorial Act, as defined by Section 2 of the ordinance. Senate Bill (SB) 554, which was enacted into law on June 1, is an Extraterritorial Act under the SASO. SB 554 requires individuals to secure firearms with a trigger or cable lock, in a locked container, or in a gun room.

On Oct. 1, the state of Oregon filed a petition for judicial review against Harney County, seeking to have the SASO declared invalid and void because it conflicts with state law.

Ordinance 2021-04 states that, “The Harney County Court believes that SB 554 is an unconstitutional infringement on the people’s right to bear arms, including the right to use such arms for self-defense in the home.” This proposed ordinance goes on to say that, “The state legislature’s and governor’s enactment of laws that unlawfully restrict or abridge the constitutional rights of the people of Harney County is a matter of county concern.” However, the ordinance also states that, “The Harney County Court does not believe engaging in expensive litigation on the petition is in the best interest of the people of Harney County.”

During the meeting on Dec. 1, Bates asked the court to host a public meeting in the evening to discuss the matter. Bill Wilber, Wil Brown, Toni Foster, Cheryl Smith, Luis Smith, Mike Allison, Hilda Allison, Kim Rollins, Jim Smith (letter for record), Tim Smith (letter for record), Dick Baird, Chris Wiseman, and Jerry Temple agreed and added individual comment supporting the current SASO and opposing the proposed ordinance to rescind it.

The court agreed to hold a public meeting the evening of Dec. 8 at the Harney County Fairgrounds to discuss the matter further.

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At 9:30 a.m., Harney County Judge Pete Runnels opened the public hearing to discuss residential housing rehabilitation. Project Coordinator Kathy Markee read the public notice into the record. 

Harney County is completing a Residential Housing Rehabilitation project funded with Community Development Block Grant (CDBG) funds from the Oregon Business Development Department. The project was located at various residential locations within the cities of Burns and Hines and in greater Harney County. 

Harney County’s CDBG Grant 18007 was used to make improvements to 20 owner-occupied homes at various locations within the county. Three of those projects are still in the final phase and will be completed within the next couple of weeks. Multiple delays occurred due to the COVID-19 pandemic, material shortages, and contractors being obligated to other jobs. Fortunately, the state granted the extensions that were requested. This grant will be closed out by Dec. 31. 

Rehabilitation projects included replacing windows and installing heating systems, insulation, exterior doors, wheelchair ramps, and handrails on entrances. Additionally, carpet was replaced with laminate flooring, making it safer for residents who use walkers. Projects also included electrical and plumbing upgrades and repairs as well as installation of accessible toilets, grab bars in bathrooms, walk-in showers, smoke detectors, and carbon monoxide detectors. Structural work was done on some of the homes, including reinforcing foundations and porches, installing new metal roofs, exterior painting, and replacing exterior stairs to a second floor. One home received a repaired well, pump, and pump house as well as a water filtering system. 

Twenty homes within Harney County were rehabilitated using this grant, and 20 different Harney County contractors participated in these projects. A total of 34 adults and 14 children benefited from the rehabilitation of their homes. 

Runnels closed the public hearing at 10:30 a.m. 

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In other business, the court:

• discussed a current revision to the tobacco free policy with Kelly Novak and Melinda Todd of the Harney County Health Department. A discussion ensued regarding the use of smokeless tobacco. The court made suggestions regarding further language revisions and tabled the proposed policy until its next meeting;

• discussed the Intergovernmental Agreement (IGA) between Oregon State University (OSU) Extension Service and Harney County. Harney County Commissioner Kristen Shelman discussed changes in the contract related to payments based on services and programming. Harney County Commissioner Patty Dorroh mentioned siting expenses. The court agreed to sign the IGA with OSU Extension Service, along with the Vehicle Use Agreement;

• approved Resolution 2021-30, permitting an intrafund transfer within General Fund 101;

• reviewed the Oregon Water Resources Department’s list of applications for new appropriations that have had final orders issued recently. There were no objections or comments related to this report;

• reviewed correspondence from the Malheur Forest Service Blue Mountain Ranger District regarding opening sealed bids for 333 Deck Sale;

• held an executive session; 

• agreed to provide beef certificates to county employees at the end of the year;

• discussed adjusting mileage reimbursements. Runnels explained that reimbursements are based on the federal rate and adjusted accordingly. The next adjustment will be after Jan. 1;

• briefly discussed broadband capacity funding and the study that was completed a few years ago;

• discussed the Association of Oregon Counties meeting schedule.

The next meeting of the Harney County Court will be held Wednesday, Dec. 15 at 9:30 a.m. at the Harney County Courthouse.

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