May 01, 2009

A bill that will protect Oregon’s vulnerable veterans is expected to land on the Senate floor early next week. SB 731A will protect exempt funds from garnishment. The bill implements the policy and principle behind state and federal exemption laws by ensuring that protection is offered up front, at the bank account level, rather than requiring an expensive and delayed court hearing.

“Veterans’ benefits, disability benefits, social security benefits – these are crucial programs that are designed to create a safety net for vulnerable people. That’s why state and federal laws declare these benefits exempt from collection,” said Sybil Hebb, an attorney at the Oregon Law Center. “Often, these benefits are our clients’ only source of income. Losing that money to a garnishment means missing rent and utility payments, not being able to pay for food or medication – these garnishments are shredding our safety nets.”

Last month, Oregon War Veterans Association (OWVA) was called by a VA veteran service officer in Portland, who had a veteran in ICU for two weeks. During that time, a creditor garnished every single dime from his bank account, and nearly made the disabled veteran homeless because the disability pension funds in his account were just enough for his rent payment. He could do nothing on his own to remedy the situation. OWVA contacted his landlord made arrangements to pay three months rent, so he wouldn't have to worry about losing his house while in the hospital and treatment center. There were no other (veteran or otherwise) resources available to him, and without OWVA's help, he would be on the street today. SB 731A would have stopped the illegal garnishment from ever happening.

“This bill simply implements the policy and principle behind state and federal exemption laws by ensuring that protection is offered up front, at the bank account level, rather than requiring an expensive and delayed court hearing,” said Greg Warnock, the Executive Director of Oregon War Veterans Association. “Current law already provides that creditors are not entitled to exempt funds, so banks and collection companies should not be fighting this legislation, if they already comply with the law.”

The Oregon War Veterans Association urges the Senate to support SB 731A to protect our veterans from further economic vulnerability without attacking creditors.

April 29, 2009

Salem, Oregon—Today, the Senate unanimously approved a bill to protect servicemembers from violations of their rights under the federal Servicemembers Civil Relief Act (SCRA). HB 2303 will allow servicemembers to effectively fight civil abuses by creditors. The bill, which was drafted by members of the Oregon Bar Association, will make creditors responsible for damages and attorney fees to veterans if they violate the SCRA.

“Congress did not create the protections as something akin to a veterans benefit,” said Jesse Barton, Attorney at Law. “Congress created the protections for the primary purpose of providing for, strengthening, and expediting the national defense. The provisions enable servicemembers to devote their entire energy to the defense needs of the nation without worrying about predator collectors. Passing HB 2303 is a step in the right direction.”

Earlier this week, the Senate Committee on Education and General Government held a work session on Senate Bill 633, which urges the state government to withdraw funds invested in Iran. Oregon seeks to be one of the first states to divest from this unstable country. The bill gained strong support from both the committee and the State Treasurer, Ben Westlund. The bill is expected to pass on the Senate Floor shortly.

“It’s time our state took a stance on Iran’s killing of our soldiers,” said Greg Warnock, the Executive Director of the Oregon War Veterans Association. “SB 633 is not the legislation we sought out to pass, but it is a step that relieves some of the public pressure about doing the right thing for our combat troops.”

During the same committee meeting, Senate Bill 920, a bill that allows the Oregon National Guard Youth Challenge Program (OYCP) to receive State School Fund distribution, gained unanimous support and is now headed to the Senate Committee on Finance and Revenue for further review.

The OYCP is a mentor active, cost free, drug free, coed, residential/post-residential program conducted at the Central Oregon Training and Education Facility (COTEF) in Bend, Oregon. It is an “at-risk” youth program that targets unemployed and underemployed male and female teens ages 16 to 18 who have dropped out or are struggling with school. The program’s mission is to provide work skills and alternative learning opportunities to meet the unique individual needs of students in order to increase positive behavioral and academic skills.

“SB 920 enjoyed unanimous support by the committee, and we are thankful to the members and Chair Hass for their insight on how great a program OYCP actually is,” said Greg Warnock, OWVA. “This has been an exciting week and OWVA is thankful for its support from the legislature.”

April 27, 2009

OWVA Asks for a “Do Pass” Recommendation

Salem, Oregon — oday, the Senate Committee on Education and General Government will hold a public hearing and work session on Senate Bill 920, which allows the Oregon National Guard Youth Challenge Program (OYCP) to receive State School Fund distribution. The OYCP is a mentor active, cost free, drug free, coed, residential/post-residential program conducted at the Central Oregon Training and Education Facility (COTEF) in Bend, Oregon. It is an “at-risk” youth program that targets unemployed and underemployed male and female teens ages 16 to 18 that have dropped out or are struggling with school. The program’s mission is to provide work skills and alternative learning opportunities to meet the unique individual needs of students in order to increase positive behavioral and academic skills.

“We realize that the legislature must deal with a faltering economy during one of the worst recessions this state has seen,” said Greg Warnock, the Executive Director of the Oregon War Veterans Association (OWVA). “However, cutting the nation’s most successful program for “at risk” teens will not solve the problem. It will make it worse. In fact, that for every $1.00 dollar spent on the Oregon Youth Challenge Program, the State will receive $3.00 in matching Federal monies as of next year. This is money our state must maintain. ”

The OYCP is the number one “at-risk” educational program in the nation and has successfully graduated over 3,000 students since 1994. Over 80% of its graduates are successful post graduation and only 1% of its students have been detained in jail-a dramatically lower number than the “at-risk” teens who do not attend the program.

Day after day, we hear legislators talk about the solution to Oregon’s economic recession being education. In a year when education is a priority, diminishing the best academic program for “at-risk” teens is counterproductive. Our teens and our state need this program.

“OWVA is heavily involved in the Oregon Youth Challenge Program in mentorship and fundraising “said Greg Warnock, the President of OWVA. “In fact, one of my own sons is a successful graduate of OYCP. OYCP is a very high priority for OWVA. We will do whatever it takes to keep this program running.”

If SB 920 is passed out of committee with a “do pass” recommendation, it will head to Finance and Revenue for further consideration.

April 23, 2009

OWVA Supports Maxwell’s Appeal

Salem, Oregon – Today, Jeffery Maxwell, the Marine veteran WOU suspended after learning that he was lawfully carrying a concealed weapon on campus, filed a petition with the Oregon Court of Appeals for judicial review. This petition starts an appeal of Western Oregon University’s (WOU) decision to suspend Maxwell and seeks to override the university’s requirements to be reinstated into the college. These requirements add an extra burden solely on Maxwell for his reinstatement to any university under the Oregon University System.

“This particular case encompasses much more than the Second Amendment right,” said Greg Warnock, the Executive Director of the Oregon War Veterans Association. “This case is about protecting this veteran’s rights. Our association is about placing veterans first for their service to our country, and we want to ensure that Jeff Maxwell receives that same courtesy.”

In January, Maxwell was arrested for carrying a concealed handgun on campus. The Polk County District Attorney’s Office later dismissed these charges when Maxwell confirmed that he had the necessary permit to carry a concealed weapon. However, the dismissal of his charges did not change the university’s disciplinary decision to suspend Maxwell until June 12, 2009.

“This issue has become a matter of principle,” said Maxwell. “I should not be punished for something that is unwarranted. I’ve lost my educational benefits from the G.I. Bill, and have been publicly humiliated in front of my peers. The university’s suspension decision is no more supported by the law than was my false arrest for lawful possession of concealed handgun. I should be allowed to re-enroll under the same terms as anyone else.”

Without the appeal, Maxwell must complete a 10-page paper, with citations of authority, to be reinstated into the university in June. Even with the completion of the paper, WOU still has the power and authority to accept or deny the essay, meaning it could further delay Maxwell’s re-enrollment. WOU does not impose this type of enrollment requirement on anyone but Maxwell.

“It will be several months until the court issues its decision, so time becomes a factor,” said Jesse Barton, Maxwell’s legal counsel and one of OWVA’s attorneys. “Our goal of the petition is to allow Jeff Maxwell, an honorably discharged Marine who compiled an excellent record at Western Oregon and at Linn-Benton Community College before that, and who is on the staff of the Mitchell Group Home in Albany, to continue his pursuit of his chosen professional field.”

The university now has 30 days to provide the Court of Appeals with the entire record of the university’s proceedings regarding this case. A court date is expected in the upcoming months.

For more information, contact:

Jess Barton
Attorney at Law
jessbarton@msn.com
Phone (503) 391-6283

Greg Warnock
Executive Director, OWVA
greg@owva.org
Phone (503) 689-4145

April 02, 2009


SALEM, OR—Oregon War Veterans Association (OWVA) just learned that Jeff Maxwell, the Western Oregon University (WOU) Student who was illegally arrested and subsequently suspended from school for carrying a concealed weapon was just told that he cannot attend ANY Oregon University.

Michelle Sandlin, admissions director of Oregon State University, told Maxwell today that he would not be allowed to attend OSU, even though they admitted him recently- after he was suspended by WOU.

Maxwell has a concealed handgun permit, and is permitted to carry a handgun according to Oregon Law, and the 2nd Amendment of the US Constitution. Western Oregon University has since withdrawn their charge against Maxwell for carrying a handgun, but came up with a trumped charge about his carrying a knife and having an unloaded hunting rifle in his locked vehicle. All charges were dropped by the Sheriff’s office as inappropriate, but WOU officials stand by their ruling and punishment of Maxwell.

Jess Barton, the Salem attorney retained by OWVA to represent Maxwell, who is a veteran Marine and member of the association, told OWVA’s executive director, Greg Warnock, that, “Oregon law affords Jeff Maxwell a full and fair opportunity to establish that WOU wrongfully suspended him based on his mere possession of items that ordinary and constitutional law deem lawful....” Barton, a seasoned appellate attorney is confident in winning the case for Maxwell.

Barton will file a petition for judicial review at the Oregon Court of Appeals this month, to force the university to redress their wrong official action taken, as well as ask for penalties and attorney fees. Restitution will also be sought now, since Maxwell has lost his GI Educational Benefits, including housing and other expenses when he was suspended. He also lost the tuition and fees and book charges for last semester, which he prepaid.

OWVA and their legal counsel is representing Maxwell in this case because “we believe that the U.S. Constitution, and Oregon Statues trump the policies of the university system, and we are shocked at the humiliating treatment WOU has dished out to a responsible, veteran Marine, who broke no laws what-so-ever,” reported Warnock to Melica Johnson, from KATU News recently. “WOU’s immature, irresponsible and illegal actions will unfortunately cost the State of Oregon an enormous amount of money in damages- when they have no money to spare. It is shameful.”

In addition to filing a petition for a State judicial review in the Oregon Courts, OWVA and the Oregon Firearms Federation are supporting federal charges against WOU and the Oregon University System (OUS), for violations against Maxwell’s civil rights. The Law firm of BOPP, COLESON & BOSTROM, a very successful firm out of Indiana, have been retained by OWVA and will provide counsel in this case as needed.

For more information, please contact:

Jess Barton
Attorney at Law
jessbarton@msn.com
Phone (503) 391-6283

Greg Warnock
Executive Director, OWVA
greg@owva.org
Phone (503) 689-4145