John Kitzhaber

Brown Signs Bill Narrowing Use of Capital Prosecutions

Governor Brown shows off a signed copy of Senate Bill 1013 that narrows what qualifies for capital prosecutions under Oregon’s death penalty law. Brown is surrounded by members of Oregonians for Alternatives to the Death Penalty, the leading advocacy group for SB 1013.

Governor Brown shows off a signed copy of Senate Bill 1013 that narrows what qualifies for capital prosecutions under Oregon’s death penalty law. Brown is surrounded by members of Oregonians for Alternatives to the Death Penalty, the leading advocacy group for SB 1013.

Governor Brown signed legislation this week narrowing what homicides qualify as capital cases in Oregon, the first significant change in the state’s death penalty since voters added it to the constitution in 1984.

Oregon hasn’t executed a death row inmate in 22 years. Former Governor John Kitzhaber, who allowed the last two executions to proceed, had a change of heart and imposed a moratorium on capital executions in 2011. Brown extended the moratorium when she succeeded Kitzhaber in 2015.

Senate Bill 1013, which passed the legislature with bipartisan support, limits death penalty prosecutions to defendants who kill two or more people as an act of terrorism, intentionally and with premeditation kill a child younger than 14, kill someone while in jail for a previous murder or kill a police, correctional or probation officer.

As she signed SB 1013, Brown called the state’s death penalty dysfunctional, costly and immoral. House Majority Leader Jennifer Williamson, who shepherded the bill through the House, said capital case prosecutions can top $1.2 million as opposed to prosecutions for murder seeking a life sentence with no opportunity for parole that only cost $300,000.

Senator Floyd Prozanski, who held the initial hearings on the legislation, recalled he was  a death penalty proponent before and after his sister was fatally shot. He said he changed his mind after studying data that showed too many death row inmates have been found innocent using DNA evidence and a disproportionate number of inmates are of color. Decades-long appeal processes, Prozanski added, prevent closure for families of murder victims.

Credit was given to Steve Kanter, dean emeritus of the Lewis & Clark Law School, who led an effort to study the cost-effectiveness of capital prosecutions. The data he and his team developed played a key role in convincing a majority of lawmakers, including conservative Republicans, to support the measure.

Oregonians for Alternatives to the Death Penalty (OADP) has explored asking the legislature to refer a measure to voters to abolish the death penalty. In the course of its exploration, the idea arose of asking the legislature to revise the statutory definition of aggravated murder, with the goal of limiting capital case prosecutions and ultimately shrink the number of death row inmates.

Because the death penalty isn’t a top-of-mind issue with most voters, trying to repeal it would have invited opponents to use scare tactics. An incremental step involving legislation created an opportunity to talk about the death penalty and educate the public about its defects. The bill also gave OADP and its allies a chance to expand their coalition and recruit legislative champions.

CFM played a role in discouraging a premature repeal attempt, identifying a legislative option and lobbying it successfully. CFM conducted survey research, facilitated a group conversation that surfaced the legislative option and provided lobbying strategy and advocacy materials.

“This was a group effort with lots of dedicated heroes,” said CFM Partner Dale Penn II. “It is rare to work with so many committed people who give their time, talent and heart to a project that doesn’t put a dime in their pocket, but makes a huge difference for Oregon.”

Oregon is in sync with other states in moving away from the death penalty. Washington abolished the death penalty in 2018. New Hampshire became the 21st state to ban the death penalty earlier this year, when the senate overrode a gubernatorial veto. Four states, including Oregon, have moratoriums on death penalty executions. The most recent moratorium was declared in California.

Arizona has looked at narrowing its aggravated murder statute, but not as fundamentally as Oregon, according to the nonprofit Death Information Center.

Turning SB 1013 into law may force Brown to confront whether some existing Oregon death row inmates should have their sentences reduced to life sentences or even commuted, as pushed by the Oregon Justice Resource Center.

Progress on the death penalty is not a straight line. The Trump administration has called for a resumption of capital executions.


The Senate floor letter in support of Senate Bill 1013.

The Senate floor letter in support of Senate Bill 1013.

A Closer Look at Oregon's Public Records Law

Gov. Kate Brown is seizing on an opportunity to explore public records law improvements. 

Gov. Kate Brown is seizing on an opportunity to explore public records law improvements. 

It's strange to imagine anyone feeling a sense of gratitude in pondering John Kitzhaber's tarnished legacy.

But somewhere down the line – after many years of healing and fading memories – Oregonians may actually thank the former governor for making one particular lasting difference for the better. At least that's the hope after Gov. Kate Brown recently commissioned a task force of lawmakers, lobbyists and an accomplished investigative reporter from The Oregonian to take a closer look at Oregon's public records law.

It was, after all, Kitzhaber's questionable dealings with his ever-puzzling fiancée Cylvia Hayes that served as the impetus for revisiting the law. Without the famous scandal that ultimately pushed him out of office amid a criminal investigation – and Kitzhaber’s attempts to block and delay the release of many telling emails – we honestly wouldn’t be at this point.

The crux of the issue is the question of where the balance lies between the public’s right to know what’s going on inside the government and our elected officials’ right to privacy.   

Of course, the whole situation is actually driven by the media. If Willamette Week reporter Nigel Jaquiss hadn’t dug into what was going on behind the scenes, the Kitzhaber stories may have never seen the light of day.

The task force is also getting started in a critical era for the media. As news organizations continue to struggle with dwindling staffs and shrinking ad revenue, the future of watchdog journalism looks less and less certain. With an ailing press, the propensity for undetected government corruption only grows, leaving the public out of touch with what their elected officials are doing.  

Kitzhaber’s story aside, maybe it was just time to take another look at the rules anyway. The Oregon Association of Broadcasters and the Oregon Newspaper Publishers Association argue we need to bring order to all of Oregon’s public and private record statutes.  

A report released this week from the Center for Public Integrity ranks the quality of Oregon’s ethics and public records laws 44th in the nation. Overall, that report handed Oregon an “F” in government accountability, directly referencing the Oregon Government Ethics Commission’s slow response to the Kitzhaber scandal.

It sounds bad, but the picture actually isn’t that simple.

Oregon has a basic public records law with an assumption that everything is public. In the strongest possible terms, all attorneys general in recent memory have advised state officials that they should assume all records are public and that they can be protected only if they qualify under one of the exemptions.

The law was created in 1973, and today it has more than a few dozen exemptions. Many of those are justified, of course, so don’t expect all of them to be stricken from the books. Trade secrets, records pertaining to pending litigation, evidence compiled in an open criminal investigation. All of that is exempt from disclosure under the law, and for good reason.  

But then one also has to wonder whether the law as it stands is to blame for why Kitzhaber and Hayes were able to keep their scandal under the radar so long.

If government officials want to keep records private, even in contravention of Oregon law, they can do so in a couple ways. They can stall on making records available, contending that it’s too time consuming to produce them. Or, they can charge too much for the task of retrieving the documents.

Charging a minor fee is legal under the law, but the size of the fee can become an obstacle. Metro, for instance, demanded KOIN pay about $17,000 for records in an investigation of the Oregon Zoo’s elephant facility. In some newsrooms, such a cost can be a deterrent to pursuing a story. 

The increased use of email systems in recent years has made public records issues far more complex since the law’s genesis 42 years ago. In fact, that hits at the central question of the investigation into Kitzhaber and Hayes: Did they use private email systems to conduct public business and then shield the emails from public scrutiny?  

As it turns out, news organizations have also played a role in complicating the public records issue. Occasionally, reporters make blanket requests for access to email records over a long period of time, which only adds to the government’s difficulty in complying.

Those are some of the biggest questions the task force will have to tackle in the coming year.

But of course, no matter where you stand on the question of the effectiveness of the law, there’s no denying that without a solid system of public access to government records, democracy suffers.

CFM Partner Emeritus Dave Fiskum contributed to this post.  

The Approachable, Pragmatic Governor Brown

Governor Kate Brown is a self-described people person and a stark contrast to her predecessor, John Kitzhaber.

Governor Kate Brown is a self-described people person and a stark contrast to her predecessor, John Kitzhaber.

In a New York Times feature story published earlier this month, Governor Kate Brown comes across as the life of the party, in stark contrast to the reclusive reputation of her predecessor, John Kitzhaber.

Brown says of herself, "I'm a people person." Kitzhaber, a former emergency room doctor, was often characterized by friends and foes alike as someone happy to sew up a patient without having to strike up a conversation.

Brown's ascension as Oregon's governor when Kitzhaber resigned amid a building ethics scandal was serendipitous because of the marked difference in their personalities. She bounds down Capitol hallways where Kitzhaber was rarely spotted. She banters with lobbyists, whereas Kitzhaber tried to avoid them. She chose to live in Mahonia Hall, the governor's official residence, which Kitzhaber treated more like a Salem bed and breakfast.

By all accounts, Brown's more outgoing, approachable style has been viewed as a welcome respite from Kitzhaber, who one lobbyist called a political ghost. She is seen as politically popular, which doesn't hurt as she faces an election in 2016 to fill the remaining two years of what was Kitzhaber's unprecedented fourth term.

The Times cites a poll taken in May showing Brown has earned a 55 percent job approval rating. She gets good marks in the poll from 40 percent of people who identify themselves as Republicans. Numbers like that tend to scare off would-be challengers, even those who whisper that Brown is a liberal Portland Democrat. That's not always a good thing for voters living outside Portland, even just outside Portland.

While Brown's voting record supports the label of "liberal," her political style is more inclusive. As Senate majority leader, Brown listened to almost anyone willing to schedule an appointment, without turning a conversation into a polemic. The term "pragmatic" would have been fairly applied to her as she understood her role was to find common ground, not stake out high-minded positions.

Brown has stepped into the higher pay-grade as governor with political grace. She encircled herself with new staff, but retained the policy staff left behind by Kitzhaber, which provided a smooth transition working with a legislature already underway.

Brown generally supported the main thrust of Kitzhaber's agenda and didn't try to imprint them with her own stamp to gain glory. Instead, she focused on ethics legislation, much of which she had introduced in her role as secretary of state.

Late in the 2015 session, Brown attempted to engineer a compromise to pass a transportation funding bill that business and labor groups had pushed. The compromise required backing off somewhat or entirely from a clean fuels carbon reduction measure passed earlier in the session, despite strong Republican protests, in part because the bill had been tainted in their minds by its association with Cylvia Hayes, the first lady under the Kitzhaber administration.

Some in the environmental community were upset at Brown's willingness to roll back the clean fuels measure, but others took it as a positive sign that she wasn't a captive to our ideology.

Kitzhaber was renowned for his ability to get people with disparate interests in a room and pound out a path to progress that often avoided politically divisive ballot measures. That is role Brown has yet to fill, but may have a chance as the November 2016 general election ballot could be loaded with initiatives from a variety of political directions.

For now, the Times noted, Brown is demonstrating she isn't anything like Kitzhaber. When a group of Chinese tourists wandered into the Governor's office, Brown came over to talk, encouraged them to take the formal tour and posed for a picture. There aren't many pictures of Kitzhaber doing that.

Not Just Another Day at the Capitol

Kate Brown assumed the governorship in Oregon, but her swearing in was hardly more than a coffee break in a legislative session off to a very fast start.

Kate Brown assumed the governorship in Oregon, but her swearing in was hardly more than a coffee break in a legislative session off to a very fast start.

The Oregon legislature took time out Wednesday morning to witness the swearing in of new Governor Kate Brown before returning to its fast-paced start that has startled many observers and caused lobbyists and staffers to hustle like they do at the end of sessions.

In a brief six-minute speech, Brown paid respect to the contributions made by former Governor John Kitzhaber, who resigned amid an influence-peddling scandal, then made clear she wouldn't allow any family members close to state policymaking or payrolls.

While no one downplayed the significance of Brown's ascension to the governorship (she is the 38th governor, but only the second female governor in the state's history), neither she nor legislative leaders made a big deal of the transition. Legislative work continued as if nothing really big had happened. That may be because Brown is no stranger to the building or the process. She is a known quantity in Salem.

On her first day in office, Brown joined the governors of California and Washington in calling for an end to a labor dispute that has crippled West Coast ports and stranded cargos, including perishable farm products from rural parts of Oregon. Trouble on the docks was doubly on Brown's first-day agenda after Hanjin announced last week it was abandoning use of Terminal 6 at the Port of Portland because of what it called low productivity.

Day two of the Brown tenure was greeted by the release of the latest quarterly economic forecast, which predicted the state's quirky personal income tax kicker would be triggered. The good news is that the state's economy is performing better than projected. The bad news is that state tax revenue will exceed the 2 percent threshold that triggers the kicker and rebates to taxpayers.

The projected kicker rebate, which would take the form of credits on 2015 tax year returns, is $349 million. For legislators — and the governor — that represents a sizable hole in the state budget.

State economists took the occasion to remind Oregonians we have one of the most volatile tax systems because of a heavy reliance on personal and corporate income taxes, which ebb and flow along with economic downturns and upturns. The economists also noted that states such as Washington that rely heavily on sales taxes face the challenge of an eroding tax base as populations age and they buy fewer big-ticket items.

These are just a few of the challenges raining down on Brown. She also must try to satisfy demands for more K-12 public education spending, continue health care transformation efforts that include an extension of a hospital provider tax and address a push from higher education for more financial support.

When Brown served in the legislature, including as Senate majority leader, she focused much of her personal energy on civil rights, mental health and juvenile justice issues. As secretary of state, Brown pushed for Oregon's initiative and referendum system reforms, performance audits and more accessible voter registration.

Because Brown has been thrown into an already boiling pot, she is unlikely to recommend a hugely different menu of priorities than her predecessor. What will be most noticeable is a difference in style. As majority leader, Brown was available to meet and listen to advocates. She looked for compromise. She dispensed realistic political advice. That's unlikely to change, even though she has changed offices.

Kitzhaber Wins Re-election, But by Narrow Margin

Governor John Kitzhaber claimed an unprecedented fourth term without a majority, and the measure that gained the widest national headlines was approval of Measure 91 to legalize the use, sale and production of marijuana.

Governor John Kitzhaber claimed an unprecedented fourth term without a majority, and the measure that gained the widest national headlines was approval of Measure 91 to legalize the use, sale and production of marijuana.

Democrats retained and even strengthened their grip on control of the state house and legislature as Oregonians said yes to legal weed and no to labeling of genetically modified foods and the much touted top-two primary. The story wasn't so good for Democrats nationally as they saw their majority in the U.S. Senate evaporate, giving Republicans control of both houses of Congress.

The story of the night was the relatively narrow victory by Governor John Kitzhaber, who claimed an unprecedented fourth term without a majority. On a series of critical news reports about First Lady Cylvia Hayes, including charges she may have leveraged her influence with the governor for personal gain, Kitzhaber's double-digit lead in the polls shrunk to a 5 percentage point victory.

The tighter-than-expected race appears to be more a reflection on Kitzhaber than his GOP opponent Dennis Richardson and raises questions about how the governor will fare going forward, especially if the Hayes scandals continue to dog his administration.

The other race of interest and significance involved a rematch between former Rep. Chuck Riley and incumbent GOP Senator Bruce Starr. Riley led in early voting results, but Starr now hows a thin 123-vote lead in a race that may be headed for a recount. If Riley manages to upset Starr, it would give Senate Democrats an 18-vote majority, enough to pass funding measures without any Republican votes.

Democrats retained control of the Oregon House by a margin of 35-25, one vote shy of the three-fifths majority to move tax measures without help from across the political aisle.

All of Oregon's incumbent congressional delegation up for re-election, including Senator Jeff Merkley, won handily.

Senate President Peter Courtney, whom some thought might face a tough re-election battle, prevailed with more than 53 percent of the vote. On the flip side, Rep. Jim Weidner, a Republican representing McMinnville and one of the most Republican-leaning districts in the state, won by a surprisingly narrow 51 to 46 percent measure over Democratic challenger Ken Moore. Moore campaign vigorously, while Weidner didn't.

A lot of attention and money focused on ballot measures and none more than Measure 92, which would have required GMO labeling. This is the second time Oregonians have rejected a similar measure, but this time the margin was razor thin at 50.6 to 49.4 percent, or something like 17,000 votes out of more than 1.3 million cast. (Interestingly, a GMO moratorium in Maui, which also attracted deep-pocket opponents, narrowly passed.)

The biggest loser was Measure 90, the top-two primary, which went down to defeat 68 to 32 percent. Measure 88, a referendum to overturn legislation to allow driver cards for non-residents, was defeated almost as soundly at 67 to 33 percent.

The biggest winner was Measure 89, the equal rights amendment, which passed by 63 to 37 percent.

The measure that gained the widest national headlines was approval of Measure 91 to legalize the use, sale and production of marijuana. Alaska also approved a similar measure and the District of Columbia passed a somewhat more restricted legalization. They join Washington and Colorado, which already have passed and implemented marijuana legalization schemes. Oregon's regulatory challenge will fall to the Oregon Liquor Control Commission, which announced it will move forward a policy that reflects the "Oregon way."

First Lady Faces Conflict of Interest Charge

Governor Kitzhaber and First Lady Cylvia Hayes woke up this week reading a Willamette Week article accusing Hayes of conflict of interest, which the governor denies.

Governor Kitzhaber and First Lady Cylvia Hayes woke up this week reading a Willamette Week article accusing Hayes of conflict of interest, which the governor denies.

Willamette Week delivered a pre-election wallop to Governor John Kitzhaber's re-election campaign this week with an investigative report suggesting First Lady Cylvia Hayes may have benefitted financially from her special relationship with the governor. 

Rep. Dennis Richardson, Kitzhaber's underdog Republican challenger, seized on the story and said via a statement,"The latest scandal shows once again that the State of Oregon is being run more like a mafia than a public entity. The governor and first lady are not above the law."

Kitzhaber denies any wrongdoing by himself and Hayes. He said Hayes' contracts were reviewed carefully for any conflict of interest. "We were very proactive," Kitzhaber told The Associated Press. "Very rigorous and very transparent." AP reported Hayes declared three conflicts of interest in August 2013. Kitzhaber said Hayes has no current contracts that touch on state government.

The conflict of interest charge against Kitzhaber and Hayes comes amid a continuing controversy involving GOP Senate challenger Monica Wehby, whom Buzzfeed has accused of plagiarizing health care policy talking points from Karl Rove and her Republican primary challenger, Rep. Jason Conger. 

Neither charge may affect the outcome of the November election. Polls show Wehby trailing incumbent Senator Jeff Merkley by double digits and Kitzhaber's re-election has been assumed since he announced his bid for an unprecedented fourth term. However, the charges mark a significant turn in elections in Oregon, known as one of the most politically polite places in the country.

The piece about Kitzhaber, and its timing just before general election ballots arrive in voter mailboxes, is vintage Willamette Week. The lengthy story about Hayes' work was written by Nigel Jaquiss and carried the edgy headline: "First Lady Inc./Cylvia Hayes has two careers. She pursues both out of the governor’s office."

Jaquiss' piece details when Kitzhaber and Hayes became a couple and earlier brushes with conflict of interest that popped up before Kitzhaber was elected to his third term as governor. Neither Kitzhaber nor Hayes agreed to be interviewed by Jaquiss.

Behind the Scenes of a Gubernatorial Debate

The Oregon Association of Broadcasters hosted a gubernatorial debate that revealed sharp differences between incumbent Democratic Governor John Kitzhaber and his Republican challenger Dennis Richardson.

The Oregon Association of Broadcasters hosted a gubernatorial debate that revealed sharp differences between incumbent Democratic Governor John Kitzhaber and his Republican challenger Dennis Richardson.

Hosting a live political debate starts with convincing candidates to attend and extends through coordinating the format and posing provocative questions. Over the past few weeks, CFM had the opportunity to assist the Oregon Association of Broadcasters (OAB) organize and stage the September 26 gubernatorial debate in Sunriver.

There were numerous conference calls and lots of personal persuasion that resulted in the debate, which sparked sharp exchanges and defined significant differences between Governor John Kitzhaber, seeking an unprecedented fourth term, and his GOP challenger Dennis Richardson, a state legislator from Central Point.

CFM staff researched previous political debates to discover what formats worked best and made recommendations to OAB and the Kitzhaber and Richardson campaigns. They worked closely to ensure everyone involved was comfortable with the process and the program to avoid any awkward last-minute back-outs.

Special attention was given to what questions were asked. CFM staffers took the view that questions should reflect what Oregonians want to know from candidates. They aided OAB in canvassing broadcasters statewide for the most pertinent and sharp-edged questions. Working with debate moderator Matt McDonald of KTVZ, they winnowed more than 90 questions submitted by broadcasters to the ones actually asked of the candidates.

The debate started with a haymaker, "How would each candidate assure Oregonians that your administration will operate in an ethical manner?" The question arose from recent controversial allegations around in-kind contributions received by both campaigns that may violate election reporting law.

Richardson lambasted Kitzhaber for allowing one of his transportation advisers to receive $500,000 in consulting fees from an engineering firm working on the Columbia River Crossing. Kitzhaber snapped back with an implication that Richardson may have a problem with powerful women.

As the debate proceeded, Kitzhaber's emphasized his accomplishments, including helping Oregon pull out of the recession and expanding access to health care. Richardson focused on the controversies surrounding Kitzhaber's term in office, including the Cover Oregon website debacle. 

Kitzhaber and Richardson further disagreed over additional cuts to PERS benefits and support for Measure 88, which would allow driver's cards for individuals without proof of legal residency.

More than 250 radio and television stations carried the debate to every corner of Oregon. It also was broadcast nationally on C-SPAN.

Voters Enmeshed Again in GMO Politics

Oregonians will likely vote again this fall on genetically modified crops, an issue that many view with passion and others with fear and loathing.

The battle over GMO crops pits farmers against farmers, threatens to upset the balance of trade and raises suspicions among consumers and the hackles of agrochemical companies such as Monsanto. It is better than a reality TV show. And it often has the same level of loud discourse. 

Some have tried to encourage peaceful co-existence among farmers with so-called engineered crops and farmers with non-engineered crops. Advocates of this approach say it requires adequate buffers between the two kinds of crops so organic fields aren't infiltrated and cross-pollinated. The only way to establish buffers is to know where GMO crops are being grown, and that's apparently the rub.

The Associated Press carried a story indicating some seed associations around the nation are carrying out mapping, with varying levels of support from biotech companies. But AP reports the mapping is voluntary and spotty. The information is only shared among fellow growers to avoid what biotech companies warn could be a map for agricultural vigilantes bent on crop sabotage.

Robert Purdy, who grows genetically engineered sugar beets in the Willamette Valley on mapped farmland, agrees. "If mapping were made public," he told AP, "nothing could stop people from pulling out those sugar beet plants." 

Organic farmers, whose livelihood depends on crop purity, or at least the perception of purity, say mapping made public is crucial to successful co-existence. "Mapping would bring transparency to a system that's extremely opaque," according to the Portland-based Center for Food Safety.

Hats and Cattle, Saddles and Horses

Clever political campaign phrases with a bite have been known to influence elections. It's possible a clever catch phrase will have an impact on the 2014 Oregon gubernatorial election.

Walter Mondale turned the popular advertising slogan of his day — "Where's the beef?" — into a political jab at Democratic presidential primary rival Gary Hart. The question halted Hart's momentum and helped Mondale earn his party's nomination in 1984.

Lloyd Bentsen skewered Dan Quayle in their 1988 vice presidential debate after the Indiana senator likened his political experience to that of former President John F. Kennedy. Bentsen replied, "I served with Jack Kennedy. I knew Jack Kennedy. Jack Kennedy was a friend of mine. Senator, you're no Jack Kennedy." Bentsen won the debate and even though Quayle became vice president, he never factored seriously into GOP presidential politics again.

Ross Perot, running as an independent for President, struck a nerve when he said, "I don't have any experience in running up a $4 trillion debt." An exasperated Perot struck a different kind of nerve later when he would screech, "Let me finish!" Comedian Dana Carvey never let the phrase die a graceful death as Perot's popularity plummeted.

A Ho-Hum Election with Interesting Implications

In an election overshadowed by a court ruling outlawing same-sex marriage discrimination, only three out of 10 Oregonians bothered to fill out and send in ballots. For Democrats, it was a ho-hum primary, but for Republicans, it was a battle for what some called "the soul of the GOP."

Little unexpected occurred at the state level, but there were some dramatic and interesting decisions at the local level. Clackamas County voters retained two commissioners facing a challenge, Multnomah County voters overwhelmingly elected a new chair and commissioner. Washington County voters returned three incumbent commissioners, including two who faced vigorous challengers from the political left.

Kitzhaber to the Rescue — Again

John Kitzhaber has some notable political advantages heading into his re-election this fall to an unprecedented fourth term. Now he has added rescuing a woman in distress.

As first reported by KGW-TV, Kitzhaber was on his way to dinner in Portland, saw a woman lying on a sidewalk and ordered his driver to pull over. The former emergency room doctor administered CPR to the unconscious woman and ordered his driver to call for paramedics who arrived minutes later and used a defibrillator to restart the woman's heart.

The unidentified woman was taken to OHSU and is reportedly out of serious danger, the Portland Fire Bureau told The Oregonian. Emergency responders credited Kitzhaber with possibly saving the woman's life. The first six minutes after someone's heart stops are critical to their survival, emergency personnel said.

The paramedic who worked alongside Kitzhaber said it was "pretty neat" to see the governor calmly aiding the woman. He said it was surprising to be working with a governor on a rescue mission.

Kitzhaber Keeps Pressing Health Care Reforms

Governor Kitzhaber and Kaiser CEO Bernard Tyson agree the health care business model is broken and one major reason why is the separation of care for physical and mental illnesses.

Appearing together at the Portland Business Alliance's annual breakfast, Kitzhaber and Tyson stressed the need to move from a "volume-driven" approach to a model that offers better care at more affordable prices.

The Portland Business Journal quoted Tyson as saying, "There is a mental health challenge we're working on, how to reattach the head to the body." Tyson said physical and mental illness is treated in separate locations, using separate records, even though 45 percent of physical health visits indicate a need for mental health services.

Tyson also said fee-for-service medicine needs to be "thrown out the window."

Kitzhaber touted the benefits being achieved through coordinated care organizations, which he credited for shrinking annual cost increases in care from 5.4 percent to 3.4 percent. The governor noted the 16 current CCOs care for 900,000 lower income Oregonians and are engaged in integrating physical, mental and dental care. He said he next wants to expand CCO cover to public employees and teachers and ultimately to the entire health insurance market.

Large House Turnover Looms for 2015 Session

The 2015 Oregon House will be a substantially different from the one that convened just a year ago. Nearly a quarter of House members who were sworn in during the 2013 session have announced their intention not to seek re-election or are pursuing other electoral opportunities (some in the Oregon Senate).

In a state where relationships are key to legislative victories, the turnover in the House may break Oregon’s recent streak in passing major reforms.

The 14 House members not seeking re-election include nine Republicans and five Democrats. Together, they have served a whopping 117 years as elected members of the Oregon House through 103 regular sessions (and, for some, countless special sessions).

Rep. Bob Jenson (R-Pendleton), the longest serving member of the Oregon House, is among those who will retire this year after serving 18 years as a state representative.

Legislative service is a tough business — long hours, low pay, months away from families and friends, all combined with an election cycle that is increasingly hostile. Yet, the service for many is rewarding, finding ways to pass legislation that is important to their districts, working collaboratively balance budgets and make important reforms.

Oregon’s Holiday Wish List

Like children, policymakers in Oregon make out holiday wish lists. Here are some the wishes we think are on the list.Children across Oregon are preparing their lists for Santa ahead of the holiday next week. Legislators and the governor, in preparation for the February session and election year ,are developing their own wish lists — none of which are likely to stop with “my two front teeth.”

Here are a few items that may find their way onto policymaker wish lists this holiday season:

Money for the General Fund

A perennial wish for almost all policymakers is additional money to spend in the upcoming session. Each member has his/her policy priority and nearly every one comes with an additional resource request. Despite increased revenues from the special session, legislators will arrive in February to find few uncommitted dollars available for their shiny priorities. Legislators and the governor will be awaiting the revenue forecast with the same anticipation of children on Christmas Eve.

Business Leaders Tackle Persistent Poverty

Oregon's poverty rate has continued to club even after the end of the last recession. Oregon business leaders will discuss how to meet their goal of reducing poverty sharply in the next six years.Oregon business leaders will gather a week from now and focus on a very untypical business topic — how to reduce Oregon's poverty level.

The Oregon Business Plan calls for reducing the level of poverty in the state from 17.2 percent to less than 10 percent by 2020. Sounds good, but how? And why do business leaders care?

The answer stretches over several subjects — ensuring a trained, available workforce, restoring economic prosperity to rural communities and making Oregon an appealing place for outside investors. After all, who wants to invest in a state that some call the Appalachia of the West?

Leadership summits often hover at the grasstops of problematic issues, but this year the Oregon Business planners are definitely getting into the thick weeds. After the obligatory morning sessions about success stories, the afternoon sessions dive into subjects such how to connect workforce training with actual careers, grow profitable minority and women-owned small businesses, finance public works that make communities ready for new development and tap the natural resources key to returning rural economic health.

Oregon Finds Itself in Dunce Chair

Oregon finds itself sitting on the unusual and embarrassing dunce chair for shortcomings in healthcare and education reforms.

At times, Oregon under Governor John Kitzhaber has seemed like the prize pupil of the Obama administration. But recent events have plopped Oregon on the dunce chair.

Oregon may be dead last in enrolling zero people online for health insurance under its health exchange, Cover Oregon. And now the U.S. Department of Education is threatening to withdraw the state's waiver from complying with the No Child Left Behind education requirements. 

Neither represents a policy divergence between Oregon's Democratic government and the Obama team. They reflect a bad poker hand.

Like the federal health care website, Oregon's electronic health insurance portal hasn't performed.  Oregon has pushed to enroll people using paper applications. And the state has added significant numbers of Oregonians to the Oregon Health Plan.

Kitzhaber said the state is too far downstream to change computer consultants, but promises a full accounting when the Cover Oregon website is up and running as intended. The governor has enlisted former Providence CEO Greg Van Pelt and Oregon Health Authority Director Bruce Goldberg to lend their management and medical expertise to unsnarling the IT logjam.

Deregulating Booze; Regulating Pot

The current tight regulation of alcohol and prohibition of marijuana may no longer reflect majority public sentiment leaning in Oregon, pointing to some combination of legislative and ballot measure action as early as next year.

At the center of this changing landscape is the Oregon Liquor Control Commission (OLCC), which may see part of its job slip while picking up a whole new portfolio of regulation. The OLCC is an agency in the midst of its own transition, with a new chair, Rob Patridge, and a newly nominated executive director, Steve Marks. Both have strong ties to Governor Kitzhaber, who can be expected at some point to weigh in on these countervailing directions.

Oregonians have voted on marijuana measures before. In 1998, Oregon voters approved the Oregon Medical Marijuana Act, allowing patients to use marijuana for an expanding range of medical conditions. Following the implementation of the medical marijuana act, Oregon legislators moved to decriminalize possession and use of small amounts of marijuana.

In 2012, despite pressure from national interest groups to take a more balanced approach, Oregon advocates placed the most liberal marijuana possession and legalization framework in the country on the Oregon ballot. Despite its failure, recent polling still shows that more than 60 percent of Oregonians favor a “legalize and tax it” strategy on marijuana. 

Today, three ballot measures addressing marijuana legalization are approved for circulation. This reality led Rep. Phil Barnhart (D-Eugene) to tell The Oregonian he was unimpressed with people who use marijuana, but if legislators didn’t figure out a solution to combat the failure of the prohibition of the drug, activists would. And, Oregonians would regret the outcome.

Change from Within

Recent appointments of Nancy Golden as Chief Education Officer and Ben Cannon as Executive Director of the Higher Education Coordinating Commission are a reminder of a unique Oregon truism — change comes from within.

Governor Kitzhaber took office in 2011 with a distinct interest in reforming major sectors of Oregon government. He pushed for significant reforms in health care, early learning and education. Kitzhaber has seen success in all of those within the walls of the Capitol, but true change happens at the agency level and among stakeholders who implement those changes every day.

The healthcare industry came to the table to craft a transformation plan that didn’t just pass the legislature, but became part of the DNA of the key public and private leaders in the healthcare industry in Oregon. Kitzhaber’s early learning initiatives were crafted by Oregon practitioners who understood the pitfalls of the current system, including its lack of outcome-based accountability.  

Education, however, took a much different road. Trusted advisors and key stakeholders familiar with Oregon’s political landscape drew the outline of a newly aligned K-20 education system. But unlike with other major initiatives, Kitzhaber turned the reins of implementation over to a distinct outsider — so-called change agent Rudy Crew.

Despite his reformer reputation, Crew didn’t make a dent in the mountain of change he was supposed to effect during his time in Oregon. Granted, he spent a great deal of time traveling the country on other pursuits, but the bigger issue, for him or any other reformer, was a fundamental lack of ability to see and understand the Oregon political landscape.

The education community — not unlike healthcare or corrections or any other major sector — is widely varied. Agreement is hard to come by, even among similarly interested parties. Interest groups include elected officials, business leaders, on-the-ground practitioners and parents — all of whom claim to be experts because, at a minimum, each individual went to school.

Kitzhaber, Courtney Legacies Grow

The successful five-bill, three-day Oregon special legislative session will enhance John Kitzhaber's legacy as governor. It also signals a constructive working relationship between House Speaker Tina Kotek and GOP Leader Mike McLane. And the session provided campaign platforms for Reps. Dennis Richardson and Jules Bailey.

Almost lost in the shuffle was Senator Peter Courtney's win in establishing a dedicated funding source for expanded community mental health programs, which was his top priority before the start of the 2013 regular legislative session.

News coverage of the conclusion of the special session Wednesday showed a beaming Kitzhaber. For good reason. He took the tatters of a budget deal left on the cutting room floor in the waning hours of the regular session and wove them into a complicated deal that will result in more money going to K-12 schools and higher education. 

Kitzhaber's unwavering confidence he could find common ground among skeptical House Democrats and legislative Republicans stands in sharp contrast to his defeatist views expressed at the end of his second term of governor. His third term has been an unbroken string of negotiating successes that prove Oregon can be governed after all. And he gets much of the credit.

The Oregonian's Friday edition challenged Kitzhaber now to turn his attention and political capital to comprehensive tax reform, a goal that has eluded him as well as many of his predecessors. Hopefully, The Oregonian will forgive Kitzhaber if he takes the weekend off before starting his new quest.

The Kotek-McLane tandem held together well and under extreme political pressure. To make the multiple-bill compromise work, all five bills had to pass for any to survive. Kotek and McLane knew it would take different cross-sections of lawmakers from both party caucuses to pass the most controversial measures dealing with taxation, PERS cuts and a local pre-emption on genetically modified crops.

Only 22 out of 90 lawmakers voted for all five measures. Kotek and McLane were two of them. More important, they showed they could deliver key votes when it counted. The tax measure, a combination of increases and cuts, began in the House and came up three votes short. Kotek delayed declaring the final vote until she mustered three votes — all from her Democratic caucus.

Sausage-Making in Full View

Watching a special legislative session is unavoidably like watching sausage being made, with all the ingredients spilled on the political table in full view.As the saying goes, it may be best not to see either laws or sausages being made. But that is hard to avoid when contemplating a legislative special session.

Governor Kitzhaber has hosted Oregon legislative leaders at Mahonia Hall this week to barter a deal to make deeper cuts in public employee retirement spending and raise taxes on large corporations and wealthier Oregonians to pump more money into K-12 education, higher education and mental health care. 

The so-called grand bargain Kitzhaber seeks isn't new. It was debated in the regular legislative session but never quite got enough political traction. 

Gaining political traction often requires introducing new components into the policy machinery. Senate Republicans, for example, want to include a tax cut for businesses that file as S corporations. The idea goes in the opposite direction of raising money, but at least it involves taxation.