On behalf of the PASRD board I would like to apologize for the delay in addressing some of the questions that have been posted here on the forum recently. In an effort to find a working solution to some of the issues raised in these questions we have had to consult with our law firm around the validation process. Unfortunately, they are in the middle of a merger with another law firm and we have not been able to get timely communications from them in the last week. We now have some options and answers to various issues that have been posed here and I would like to present those.
First of all I would like to clarify a point around the validation process that is currently underway. In several postings people have expressed concern that they did not see the messages posted about the validation process and would have “attended” had they known about it. Our law firm, Karnopp Peterson, has been in charge of the validation process and that includes notifications to the public about the process. The board was not in charge of posting notifications for this process the way we usually do for things like board position openings. The requirement for these notices is for them to be published in a local paper. The website is not considered an appropriate official forum for the notification. In hindsight, it would have been helpful to post the notifications there as well so we accept that constructive feedback and will incorporate that in the future.
We need to clarify that the objection period in the validation process was not an “event” or a “hearing” that you would have attended. The validation process is an open period of time where people can submit an objection (on legal grounds) directly to the court. Keep in mind the legal question being addressed is only in relation to the assessment method and not whether or not you are opposed to the project as a whole. There isn’t any type of hearing unless someone submits an objection.
Here is what our law firm has told us:
Until the Judgment is entered the Validation Process remains open, and anyone can submit an objection at any time. If they submit an objection, that would necessitate a hearing. Any member that wants to, can still submit an objection in writing to the Court at any time.
The attorneys have told us that if an individual would like to submit an objection, they should let the board know that they are going to submit this objection. They should consult an attorney if they have questions on the process or want to submit an objection.
The time period to submit an objection was supposed to end around mid December, but since a number of people didn’t see the notification, we have been working with the law firm to extend the deadline for objections to be submitted. The time period for the extension is going to be extended to January 25. We will discuss this in further detail in Tuesday’s meeting. You can also get some additional details for this process under the "Notices" section on the website.
If you have specific questions about anything associated with that process, please send those to us by email at panoramicroads@gmail.com.
Why not just put an objection form up here in the doc's to help people respond? It's not legal advice, and saying so is just an excuse to obfuscate the process. It's a form, the Courts and legal form companies do it all the time, but they are meant to encourage participation. This Board's biggest obstacle is informed participation.
You may consider this your law firm Mr. Lowe, but it is not "our law firm" - it is the Board's law firm. Our three Commissioners are acting intentionally and in concert to deny apr. 70 or 80 of their electors, your and my neighbors, an Oregon Constitution-guaranteed right to a levy vote on this assessment. It is not clear to me how anyone can be in favor of that. How about you?
I am also now curious to learn how you know what the Board's lawyers have said to the Board? Have you helped the Board plan and implement this strategy? Are they also sharing that info with anyone else not on the Board? If so then how about they come on here and tell all of us, seems fair eh? After all we're paying their fees.