Group files voter rights lawsuit against city
City took extra steps to make sure they acted properly, officials say
By: Amanda Newman
December 17, 2009
After rejecting four initiative petition proposals submitted by Hank Grum, the city of Newberg is being called on to answer for its actions by an Oregon advocacy group that filed suit against the city today (Thursday) on behalf of Grum.
The lawsuit, filed in Yamhill County Circuit Court by Common Sense for Oregon, alleges the city falsely dismissed the prospective petitions submitted to city elections officials.
Newberg elections officer Dawn Wilson said the petitions were “absolutely not” falsely dismissed, adding, “We consulted outside legal counsel.”
She said Thursday afternoon the city had just received a copy of the complaint and forwarded it to attorney Tom Sponsler of Beery, Elsner & Hammond LLP.
“Currently, I can tell you that there’s nothing new or surprising in the complaint,” Wilson wrote in an e-mail. Until Sponsler has reviewed the lawsuit and discussed it with city attorney Terry Mahr, the city will not comment further.
Grum sought legal counsel after the city rejected his fourth petition proposal. Each of the petitions proposed a referendum system for new or increased city taxes and fees.
“The city of Newberg has done everything possible to deny Mr. Grum the rights guaranteed by the Oregon Constitution,” Ross Day, executive director of Common Sense For Oregon and the attorney representing Grum, said in a press release. “We will see to it that Mr. Grum’s rights are protected.”
Grum’s proposed amendment, the “Tax and Fee Responsibility Amendment,” would allow the city or the citizens of Newberg to refer tax or fee increases to the citizens for a vote. When the city raises new taxes or fees, citizens can currently submit a referendum petition, but these petitions have been routinely denied as of late, Common Sense For Oregon alleged in the release.
“In times like these, where the government keeps spending even though private citizens are still suffering in this recession, Mr. Grum’s proposed initiative is sorely needed,” Day said. “One cannot help but wonder if Mr. Grum’s proposed initiative is being rejected for political, and not legal, reasons.”
Grum’s first petition proposal, filed in September, was rejected because it violated the one-subject rule in the Oregon Constitution and did not qualify as municipal legislation, Wilson said at the time. Subsequent proposals covered the same material, with minor changes, and were similarly rejected. Grum was joined by two other Newberg petitioners on the most recent proposal.
Common Sense For Oregon officials say the agency is a nonprofit, nonpartisan organization that works to protect Oregon’s initiative and referendum system.
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