Capital Chatter: Hyperbole is in the eye of the beholder

Published 7:00 pm Thursday, May 11, 2023

A Southern Oregon senator posed a pungent question this week: “What the #*%@! is happening in Salem these days?”

In his well-written constituent newsletter, Ashland Democrat Jeff Golden explained how Republican senators do whatever they can to stall the majority Democrats’ agenda. That includes boycotting floor sessions to prevent the Senate from transacting business.

“People who agree with their political views tend to think that’s fine; in fact, we’re at the point where some Republicans face threats of recall or worse for not walking out to disable the legislative process,” Golden wrote. “People who don’t agree with them say there’s a better way to stop our bills from passing: win enough elections to become the majority in one or both chambers, so that they have the authority to set the agenda.”

Regardless of the hyperbole being flung by either side, it’s in the eye of the beholder as to whether the nine-days-and-counting Senate Republicans’ walkout is justified. As I pondered both sides’ shenanigans this week, I kept thinking of a conversation roughly 40 years ago.

It was the middle of the night. The year’s legislative session was nearing adjournment. Republican Sen. L.B. Day was apoplectic as he thundered at my newspaper colleagues and me. Fellow Salem legislator Jim Hill, a Democrat, supposedly had just killed one of Day’s bills. A new legislative reporter, I initially was seduced by Day’s denunciations. The bill sounded critically important, making Hill’s action shocking.

I no longer recall what the bill was about, let alone whether it deserved passage. What sticks is the lesson imparted by my fellow journalists during our conversation: No bill is perfect. Regardless of the topic, each side almost always has legitimate points — and usually there are multiple sides.

Politicians and partisans portray issues as black-and-white, but journalists recognize the gray. This explains why you won’t see me declaring who is right or wrong in the Senate deadlock. But I offer five observations:

1. As often is said, politics is the art of relationships. Senate Republicans and first-time Senate President Rob Wagner, D-Lake Oswego, never had a good relationship. Republican Leader Tim Knopp of Bend denounced Wagner’s selection before the 2023 Legislature even began, and last week took the rare step of trying to remove Wagner as president. Knopp’s motion failed on a 12-16 party-line vote.

The two men had not discussed resolving the Senate impasse — and had not met for weeks — until legislative leaders huddled Wednesday and again Thursday.

2. Wagner previously was Senate majority leader, charged with advancing the majority Democrats’ goals. As president, he serves all senators — Democratic, Republican and Independent.

His predecessor, longtime Senate President Peter Courtney, D-Salem, regarded the Legislature as more important than partisanship. President Wagner allied himself with Senate Democrats’ goals from the beginning. His Tuesday press conference with Senate Majority Leader Kate Lieber, D-Portland, denouncing the walkout took place in front of signs listing the Democrats’ agenda.

“If Republicans have a problem with how we’re doing things, they should take it up with the voters,” Lieber said. “It’s not our responsibility to stop their walkout.”

3. Some senators and other insiders imply this impasse would not have occurred under Courtney. That is not necessarily true. During the GOP walkouts in 2019, Courtney implored the Republicans to return, instead of denigrating them. But he needed Democratic Gov. Kate Brown’s help to end their initial walkout.

Brown and Courtney agreed to bend on some Democratic priorities. However, Wagner said House Bill 2002, which Republicans abhor, is not up for negotiation. The 46-page measure covers reproductive and gender-affirming health care.

“Democrats ran on ensuring abortion rights for all Oregonians, and voters gave us the majority in both chambers. We have a clear mandate to pass this bill, and Oregonians are demanding us to consider it,” Wagner said Tuesday.

Neither will Democrats negotiate on HB 2005 regulating guns, according to House Speaker Dan Rayfield, D-Corvallis, “I’m not interested in a political game of chicken,” he said.

4. HB 2002 and HB 2005 passed the House amid intense Republican opposition. Wagner contrasted that House action with the Senate standstill: “This is obviously unique to the Senate right now.”

Why the difference? One possible answer: From the start of the session, Senate Republicans took the lead in hampering the Democrats’ agenda. Maybe that took pressure off House Republicans.

A stronger answer concerns leadership style and experience. Wagner and Lieber hold new roles. Rayfield, House Majority Leader Julie Fahey, D-Eugene, and House Republican Leader Vikki Breese-Iverson of Prineville led during the 2022 session.

Rayfield and Democrats endeavored to build a respectful working relationship with Breese-Iverson and her caucus. Rayfield counted on House D’s passing HB 2002 and HB 2005 but wanted to ensure Republicans were heard. When Republicans hit time limits for debating those bills, Democratic representatives stepped up to give them more time.

“Giving everyone on both sides the time they need to have those conversations is very important to me,” Rayfield told journalists before those debates.

This is not to imply that House Republicans are happy. Breese-Iverson’s constituent newsletter on Thursday included an email headline, “Work stoppage is a good thing for transparency.”

“The past month turned a bi-partisan session into a partisan session because of a few terrible, terrible bills being pushed onto Oregonians,” she wrote. “I’m very proud of the efforts made by House and Senate Republicans to protect your rights and improve the state’s livability and economy.”

5. Republican senators are willing to test Measure 113, which voters approved last year. If a legislator has 10 or more unexcused absences during a legislative session, the constitutional amendment disqualifies “the member from holding office as a Senator or Representative for the term following the election after the member’s current term is completed.”

Sen. Lynn Findley, R-Vale, told constituents during an online town hall this week that if the walkout costs him the right to re-election, so be it.

“My oath to the [state] constitution is stronger than my returning if I miss 10 days,” he said.