Staff attorneys and outside counsel for public institutions in Multnomah county now face ethical and legal malpractice challenges if they do not inform their clients of Multnomah County District Attorney Mike Schrunk's most recent legally binding decisions:
1. A public entity may withhold information indefinitely by merely refusing to send a letter of denial to the person requesting public documents. [Public institutions in Multnomah county are assured that no effort will be made by the District Attorney's office to compel a letter of denial.]
2. Information kept by a public jurisdiction on a computer database is considered, "nonexistent" and cannot be compelled. [This absurd and indefensible pronouncement is NOT the legal opinion held by the Oregon Attorney General and possibly other Oregon District Attorneys. This "nonexistent" data was requested from the Washington County Housing Authority which, to its great credit, provided similar statistical data to that requested from HAP within 48 hrs without fuss, without cost and with a respectful and helpful attitude.]
Schrunk has singlehandedly thwarted the Oregon Public Records Law and its spirit of encouraging citizens to actively participate in their government by helping to hold public institutions accountable and make transparent their otherwise hidden activities.
Multnomah County District Attorney Mike Schrunk has turned back the legislative clock to the time when citizens seeking public documents had no choice but to use the prohibitively expensive and time consuming Circuit court.
For those of you who remain in disbelief, attorneys, elected officials, journalists, citizen activists et. al., I offer this remedy for confirmation.
1. Ask the Housing Authority of Portland for the following Public Housing Statistical Data:
Report #1. HAP Public Housing Program
A tab delimited text file with the following fields: 1. Income 2. Last Modification Date. For 1 person households only in this database.
Report #2. HAP Section 8 Housing Voucher Program
A tab delimited text file with the following fields: 1. Income 2. Last Modification Date. For 1 person households only in this database.
Report #3. New Columbia in North Portland's Portsmouth Neighborhood Program
A tab delimited text file with the following fields: 1. Income 2. Last Modification Date. For 1 person households only in this database of HAP public housing clients (means test + government subsidy + rental agreement) living in New Columbia as of January 1, 2010.
Report #4. HAP Affordable Housing Program
A tab delimited text file with the following fields: 1. Income 2. Last Modification Date. For 1 person households only in this database of HAP public housing clients (means test + government subsidy + rental agreement) living in all of HAP's 32 properties in Multnomah county as of January 1, 2010.
Please include the precise total number of HAP clients in each category as of January 1, 2010.
[I have proposed legislation that would set an annual income for a one person household of $30,000 as the maximum allowed to enter and remain a public housing client in Oregon. There is a large waiting list of individuals earning less than 30 K per year seeking HAP public housing. Public housing should be for those citizens that are in the greatest need first. I seek statistical data revealing the number of one person households that currently exceed an annual income of $30,000. I have evidence that at least one HAP client has an annual income of $48,000. There is a high probability that there are many HAP clients that equal or exceed that income. There is no legitimate, legal reason to deny me and the voters of North Portland this information.]
2. If you do not get a response within one week ask for a letter of denial.
3. If you don't get a letter of denial within two weeks of your original request tell Multnomah County District Attorney Mike Schrunk and ask for his help under the Oregon Public Records Law.
4. If you receive a letter from Multnomah County District Attorney Mike Schrunk stating
A. A public entity may withhold information indefinitely by merely refusing to send a letter of denial to the person requesting public documents.
B. Information kept by a public jurisdiction on a computer database is considered, "nonexistent" and cannot be compelled. [This includes but is not limited to every email and every spreadsheet which are different forms and views of computer database records.]
then confirmation has been achieved.
5. If you receive a letter from Multnomah County District Attorney Mike Schrunk requiring or even urging HAP to provide the requested information and/or HAP provides you with ANY portion of your request then you will have proven that Multnomah County District Attorney Mike Schrunk's legal decisions in this matter are prejudicial, discriminatory and, in the denial of the existence of electronic records, absurdly wrong.
I will send a copy of Multnomah County District Attorney Mike Schrunk's letter to me dated March 4, 2010 in which he defines his interpretation of the Oregon Public Records Law to everyone who sends me whatever public housing statistical data mentioned above that they receive from HAP and the correspondence involved with HAP and the Multnomah County District Attorney's office.
Journalists writing about the Oregon Public Records Law and the Housing Authority of Portland will have limited if any credibility without demonstrable evidence that they too have made a serious effort to secure at least the Public Housing Statistical Data mentioned above from the Housing Authority of Portland.
Oregon Attorneys whose practice and/or interests involve the Oregon Public Records Law who see an opportunity to "profit" in any way from this circumstance, without cost or financial risk to me, are encouraged to contact me.
No elected public official, e.g. Amanda Fritz, nor appointed public official, e.g. Chip Shields, nor any candidate for public office, e.g. Tina Kotek, can legitimately claim they support a public policy of Equitable Distribution of Public Housing without demonstrable evidence that they, as individuals, have made every legal and political effort to obtain at least the Public Housing Statistical Data mentioned above from the Housing Authority of Portland.