The MitchMessage

May 13, 2007

     My next two town hall meetings will be 7pm, May 22 at the Cedar Mill Community Library (NW. Salzmann and Cornell Rd.) and 7pm, May 29 at the NW Library (NW. 23rd and Thurman).

     Obviously I produce the MitchMessage to inform my constituents about the activities of the Oregon Legislature and, of course, to brag about my accomplishments.  But there is another purpose for the message and that is to serve as my own diary of my reactions to what is happening in Salem.  When I joined the legislature in January of 2003 I thought I might want to write a book about my experiences in the House.  And as an academic at heart I still haven’t given up that idea.  But it is not in my nature to keep a daily log.  Consequently, the MitchMessage is my compromise.  The reason I mention this is to explain why I sometimes get off into flights of speculation about the legislative process.

     One of the readers asked me to comment in this edition about the Oregonian article discussing the strained relationship between Majority Leader Dave Hunt and Minority Leader Wayne Scott.  That led me to consider the larger question of the relationship between the majority and the minority caucuses, which of course is, to a great extent, the framework within which the two leaders operate.  Several random thoughts come immediately to mind.  The first thought is that spending 16 years in the majority is lousy training for being in the minority.  It is much easier to transition from the minority to the majority.  It feels to me that much of the behavior of the minority caucus during the first three months of the session was triggered by the anger and frustration of losing four seats (and the majority) during the 2006 election.  It was clearly not something that they expected.  They seemed to discount the great candidates we fielded and the nearly flawless campaigns they ran, and blamed their disaster on national politics and on specific campaign mistakes they attributed to their leadership.

     Another random thought that came to mind is that the creation of legislation is influenced by both policy and political factors.  While that is obvious, it is easy to only consider how to achieve good policy and to forget what an important role politics plays.  Or to think everything is politics.  In truth, the members of the current Democratic and Republican Caucuses have very different policy positions on a number if key issues, including the most important one, the role of state government.  On balance Republicans feel the smaller the role state government plays the better.  On balance, Democrats feel that we must decide what needs to be done by government and then we need to figure out how to get the resources to do those tasks as efficiently as possible.  This becomes operational in discussing things that seem to require new taxes, such as the Health Kids Program, which clearly needs a new source of revenue.  The Republican position is stated as if it can’t be funded within the current budget it shouldn’t be done.

     On the political side, it is true that both caucuses can’t help but keep one eye on the effect of legislative activity on the next election.  For most of us, we begin thinking about  the next election the morning after the last election.  Socialization and House rules keeps a lot of that under control.  But for example it doesn’t stop the Republicans from hiring a photographer to roam the gallery of the House chamber looking for opportunities to get unflattering pictures of our members.  And it doesn’t stop the Republicans from hiring robo-calls against five of our members the morning after they took certain votes.  Nasty campaign mail immediately also followed against these same legislators.

     Finally, in the case of Hunt and Scott you have to look to personality differences.  Wayne Scott is an extremely successful entrepreneur and is the owner of several very successful businesses.  He is a straight A to B guy.  He once told me how frustrated he was with the legislature.  He said in his usual life three or four guys get together in a room, decide what needs to be done, and then go off and do it.  Nothing like that happens in the legislature.  Dave Hunt on the other hand is very comfortable working within collaborative relationships.  He is a transportation policy specialist, a Sunday school teacher and past president of the American Baptist Convention.  They don’t always speak the same language.  I did, however, come upon Hunt sitting at Scott’s desk  on the floor this week, with both chatting and smiling.  I remarked to them I would have liked to see that picture in the Oregonian.

     In the meantime, it was a busy week in the Salem version of Lake Woobegone.  We passed HB3540 and HB3546, the bills aimed at correcting some of the problems of Measure 37.  HB3540 refers, for voter approval, changes to the implementation of Measure 37.  It focuses on facilitating claims for building up to three houses on a tract of land and ultimately limits most development claims under Measure 37 to ten houses.  HB 3546 extends by one year the period for government entities to review and act upon claims submitted under Measure 37.  Oregonians in Action is not crazy about the bills and they passed pretty much on a party line vote.

     We passed a long overdue bill (HB2372B) that requires employers of 25 or more employees to provide unpaid rest periods and a private location to allow lactating mothers to express breast milk at work.  This was an issue that couldn’t even be brought to the floor under Republican leadership.  I always felt it wasn’t so much the opposition of Associated Oregon Industries that stopped the bill, but was rather the reluctance of Republican men to talk about breasts in public.  An irony of the AOI opposition to the bill was that AOI have made accommodations for the female lobbyist arguing against the bill to breast feed when she came back to work after delivering a child.  The bill passed overwhelmingly and would have passed overwhelmingly had it come to the floor in previous sessions.

     We also finally passed SB400, a bill I’ve discussed before.  SB400 allows public safety officers to include safety issues under their collective bargaining process.  The first time the bill came up the Republican caucus refused to allow it to be heard out of order, requiring 300 firemen to wait three hours before the bill was sent back to committee after an hour of debate.  The committee made modest changes in the bill that made it acceptable to a huge majority of House members and it passed quietly and easily at this reading.

     The autism epidemic received recognition this week as well.  Families with autistic kids had a bill introduced by Rep. Peter Buckley.  The bill, HB2918, passed this week after several hearings and much discussion.  It, among other things, requires the Health Resources Commission to review evidence on the medical and behavioral treatment of autism and to report on the state of the art.  In addition, in response to the hearings, Dr. Bruce Goldberg, the director of the Department of Human Services, and Susan Castillo, the state superintendent of education, announced that they will form a joint task force to study the problems of dealing with autism in Oregon and make recommendations on how to deal with it.  It was enlightening to find the large number of House members with autism in their family.

     Several of my bills continue to move along the process, thanks largely to my legislative director Tom Powers.  He keeps directing me to Senate hearings about my bills, which mostly take place when I’m supposed to be somewhere else.  We passed two of them (HB3267 and HB2733) without opposition out of the House during the last two weeks.  HB3267, which was suggested by my friend Tony Biglan at the Oregon Research Institute, creates a task force on Coordination of Behavioral Science Research in Oregon.  It is intended to facilitate the ability of social and behavioral scientists in Oregon to help the state, including our agencies, do its work better.

     HB2733 is a reaction to a couple of instances where health care facilities had serious breaches in their data security systems.  It requires health care facilities to report on the state of their data security systems each year and further requires that the CEO of the facility (or health system) personally sign the report.  That signature signifies the CEO is personally responsible for reviewing their data security systems and also certifies that they have reported any problems with their security systems to their board of directors. 

     Some of you have asked for an updated health report, which I’m happy to supply.  Other than the fact that I’ve been struggling with bronchitis since March, including about five rounds of antibiotics, I’m doing very well.  My knees continue to improve and I’ve now gone through all stages of transportation assists – wheelchair, walker, and cane and I’m walking unaided.  I’ve learned the corollary to being there is 90% of the battle.  It’s you need to keep putting one foot in front of the other.  Finally, recent tests continue to prove that my lymphoma is in complete remission.

     Keep the e-mail coming, my friends.

Mitch