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Wednesday, May 3, 2006

Health director says campaign ad misleads public



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The director of the Douglas County Health Department says a radio campaign ad for Commissioner Dan Van Slyke falsely stated that pregnant women weighing their options were given only information about abortions from county nurses.

Peggy Kennerly, Health Department director, said the accusation is false. She said that pregnant women and teenagers seeking information are told about adoption, carrying the baby to term and raising it, as well as abortion.

“It’s against our policy to promote any one option,” Kennerly said. “And we’ve never had a complaint that we’ve done that. Our nurses could have their licenses taken away if we didn’t provide all options.”

The radio ad in question began running this week and featured a testimonial from Van Slyke supporter Linda Middlekauff. In the 60-second spot, Middlekauff, a right to life advocate, says she admires Van Slyke for changing the counseling brochures provided by the Health Department.

“The only information the county provided women in crisis pregnancy situations was where to get an abortion,” Middlekauff said in the commercial. “This was unacceptable. So he put a stop to this shameful practice.”

Last spring, Van Slyke and fellow Commissioner Marilyn Kittelman deleted references to four abortion clinics in Eugene and Portland contained in the Health Department brochures. The clinics were listed alongside five agencies that provide adoption services and counseling and medical services provided by the department.

The revised brochure listed obstetricians, agencies that provide counseling services and maternity homes. It deleted references to the adoption agencies and abortion clinics. Women seeking abortion information were advised to call public health departments in neighboring Lane and Jackson counties.

The purpose of the radio ad, Van Slyke said Tuesday, was to point out that the original brochure failed to list agencies such as the Hope Pregnancy Center, the Safe Haven Maternity Home and Douglas County Right to Life. Those groups could provide counseling to those who found themselves with an unwanted pregnancy, he said.

“That’s what I’m referencing. When a woman comes in, the baby’s life is going to be saved, not saved, where are those options? Where are those crisis options?” Van Slyke asked. “The only thing that we were giving was the direction to the abortion clinic and not to these other agencies on the crisis aspect.”

Van Slyke said he would review the ad and consider changes.

“Maybe that needs to be modified to say ‘crisis component’ or ‘crisis situation’ or whatever. That might make it clearer in what we’re trying to get across,” he said. “It wasn’t meant to mislead people.”

On Friday, Van Slyke, who is running against Dan Hern and Eric Ohlsen in the May 16 Republican primary, told a candidate forum audience he worked to change the pamphlet to save lives. However, when the brochure was changed, he and Kittelman had said they only wanted to make it more comprehensive.

On Monday, Kennerly was summoned to meet with Van Slyke and Kittelman in a closed-door meeting after reporters called Kennerly over the content of the radio ad.
Van Slyke said the meeting, which also involved County Attorney Paul Meyer, was to clear up confusion over one aspect of the brochure.

Van Slyke said he learned for the first time Monday that a revised brochure drawn up last spring by Kittelman, which deleted references to abortion clinics and adoption agencies, was still available at the Health Department.

He said state health officials had informed the county last year that the revised brochure didn’t meet state and federal guidelines and that former Health Director Bob Furlow had been ordered to remove it.

Kennerly, who took over as health director Aug. 10, said she was never informed about the order.

When asked about the closed meeting, Van Slyke said he believed it was appropriate.

Oregon law, however, requires governing bodies meet in public session, except for certain circumstances. In an earlier case with another public body, the Attorney General’s Office has ruled the state’s Open Meetings Law should be followed even when a quorum meets with staff members for briefings on general topics of regulation and administration.

Van Slyke said he believed he and Kittelman had complied with state law because no decisions were made or contemplated at the meeting.

“I’ve tried to be as transparent as possible during my four years in office,” Van Slyke said. “I would never do anything that violated the law.”

Late Tuesday afternoon, the commissioners’ office released a letter from one of its contract attorneys in Eugene saying that he did not believe two commissioners meeting with an employee violated the Open Meetings Law. The letter did not address the specific Attorney General’s opinion.

• You can reach reporter John Sowell at 957-4209 or by e-mail at jsowell@newsreview.info.
Interpretations of Oregon Public Meetings Law
The Oregon form of government requires an informed public aware of the deliberations and decisions of governing bodies and the information upon which decisions were made. It is the intent of ORS 192.610 to 192.690 that decisions of governing bodies be arrived at openly.
— Oregon Revised Statutes 192.620

A staff meeting called by a single official is not covered by the Public Meetings Law because the staff do not make decisions for or recommendations to a “public body.” If, however, a quorum of a governing body, such as a three-member commission, meets with the body’s staff to deliberate on matters of “policy or administration,” ORS 192.610(3), or to clarify collegially a decision for staff, the meeting is within the scope of the law.
— 2005 Attorney General’s Public Records and Meetings Manual

The Public Utility Commission must comply with the Public Meetings Law when a quorum of the commission meets with staff to receive informational briefings on general topics of public utility regulation and agency administration. Even if information conveyed at a briefing did not relate to a matter requiring immediate action, the information could have some bearing on future decisions, the responsibility for which is placed upon a quorum of the commission.
— Letter of Advice, Oregon Department of Justice, Sept. 12, 1988



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