By Curt Chancler
Crime in America is at an all time high if we count the crimes committed by government against the tax payer and what’s left of the business community. The news media and the talking heads in government quote crime stats daily, and most just sit there wide-eyed and take it all in as fact.
The largest perpetrators of crimes committed in this country go unreported and uncounted, they are the crimes committed by government against the people and business. Our government by any definition is a criminal enterprise or more like unorganized crime.
There are hundreds of examples I can quote of behavior that is considered a criminal act if you perform the act, but if government performs the act it is considered part of the governmental process or just business as usual.
Federal law states, “Whom so ever that offers anything of value to anyone for their testimony in any trial, hearing, senate or house committee meeting, has committed the crime of witness tampering, bribery and you can
throw in obstruction of justice and many more.
If the witness is a government witness then the law does not apply to them, because most government witnesses arrive at the court room in “hand cuffs,” because their testimony has already been bought and paid for by the government. Simple deal, if you do it, it is called witness tampering, bribery, obstruction of justice. If government does it, it’s called plea bargaining or witness protection and relocation.
The Supreme Court has ruled in several cases that a cop, government investigator or D.A., can lie to you during the course of an investigation and it is ok, but if you make false statements to them or make false statements on an official document it is a crime. This brings me to Larry Stockman and the Oregon Department of Environmental Quality (ODEQ).
The Larry Stockman Case
In November 2006, one of my friends Don Camp, an environmental consultant, introduced me to one of his clients Larry Stockman, the owner of North West Shot Manufacturing (NWSM). Mr. Stockman’s company recycles lead scrap metal that has been reclaimed from the soils of trap and shooting ranges. Then, through his recycling process, he converts the reclaimed lead scrap metal into lead shot.
At our first meeting Mr. Stockman showed Mr. Camp and I the complaints and the claims that ODEQ had citied him with. ODEQ’s complaints come complete with pictures to corroborate their claims and a price tag or fines of about $25,000.00.
Mr. Stockman offered me the opportunity to look at the evidence against him and give him my opinion. I accepted the offer and for the next two days Mr. Camp and I went over ODEQ’s claims and the pictures that ODEQ had offered as evidence.
After looking at ODEQ’s claims I felt that I had hit the mother lode of criminal and civil violations committed by a representative of a government agency against a private citizen and his business.
The very first thing that jumped out at me was not one single state statue that ODEQ quotes in their charges can meet any of the constitutional standards or requirements needed to become an enforceable law.
Second, the administrative process ODEQ was citing Mr. Stockman with is unconstitutional from its beginning to its ending.
The third thing is, the crimes committed against Larry Stockman by ODEQ’s enforcement officers Susan Shewczyk and Lisa Freeman. Susan Shewczyk lied in her report when she claimed first-hand knowledge of the content of the 55gal Drum’s located at Larry Stockman’s property. Susan Shewczyk lied again when she over stated the drum count by almost a hundred 55 gallon drums.
When Mr. Stockman tried to hold Ms. Shewczyk and Ms. Freeman accountable for their crimes of making false statements on an official government document, the Jackson County District Attorney refused to prosecute without a police report and the Jackson County Sheriff’s Dept. refused to investigate.
Last but not least, the real power player in this sham is the U.S. Environmental Protection Agency (EPA). Through federal statues located in the Resource Conservation and Recovery Act (RCRA), Mr. Stockman and his company, as recyclers, are excluded from RCRA Regulation.
The irony of all of this is Mr. Stockman and his company’s exclusion from RCRA regulation makes all of ODEQ’s claims moot, yet ODEQ continued to go forth with their claims against Mr., Stockman, while refusing to address the criminal actions of Susan Shewczyk, and Lisa Freeman.
DEQ’s unwarranted attacks on Larry Stockman began in November of 2006, and after two years, four arbitrational meetings and thousands of dollars in legal fees and hundreds of lost man hours, in 2008, administrative law judge Joe Allen ruled against ODEQ.
You have to understand that in ODEQ’s administrative process, ODEQ wrote all of the administrative environmental laws and they wrote all of the administrative rules. One of their first rules is they are not bound by the administrative law judge’s decisions. ODEQ does have the ability to direct the judge to re-open this case and let ODEQ change the evidentiary record and have him issue an amended decision and they did so.
At this point Mr. Stockman felt he was left with no remedy but to make a plea to his elected officials, so he sent the following letter to the members of the US House of Representatives that were on the ways and means committee that fund ODEQ.
In this letter he included a copy of a constitutional challenge he had already submitted to the administrative law judge, challenging ODEQ’s constitutionality.
We felt it was important to print the constitutional challenge in its entirety because it is the perfect argument against all administrative agencies and their unconstitutional administrative process.
Larry Stockman’s Letter
Dear Elected Representative:
My name is Larry Stockman; I have been a small business owner in Southern Oregon for the last 30 years. For the last two years I have been living a nightmare that I believe was started by your predecessors; however, I believe you are now funding and supporting this nightmare. The source of my nightmare is the Oregon Department of Environmental Quality (ODEQ). Everyone I have spoken to believes as I do, that the need to protect our environment is paramount.
However, no matter the need for actions to protect our environment and no matter the intent, the State of Oregon and its elected officials have created an administrative form of government that is constitutionally offensive and denies the citizens of the State of Oregon the constitutionally mandated protections promised in the Constitutions of the United States of America and the State of Oregon.
The people of the United States of America are guaranteed in the US Constitution Article 4. Section 4 a Republican form of government to all States of the United States.
The United States is a Constitutional Republic and by definition a state where the head of state and other officials are elected as representatives of the people, and must govern by existing constitutional law that limits government’s power over its citizens.
The power of government and its officials is further limited in a republican form of government by the separation of powers into three separate branches, legislative, executive and judicial, and no person charged with official duties under one of these departments shall exercise any of the functions of the other.
A Constitutional Republic by design prevents any one person or group from gaining absolute power over its citizens
Our Founding Fathers intent on the delegation of constitutional powers and its importance is shown by the order it appears in the Constitution of the United States of America.
ARTICLE. 1, Section. 1. All legislative powers vested in Congress.
ARTICLE. 2, Section. 1. Executive Power. To the President.
ARTICLE. 3, Section. 1. Judicial Power. To the Courts.
Our founding fathers intent regarding who possesses constitutional power is made crystal clear again by the order it appears in our Oregon Constitution.
ARTICLE 1 Bill OF RIGHTS.
Section 1. Natural rights inherent in people.
We declare that all men, when they form a social compact are equal in right: that all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety and happiness and they have at all times a right alter, reform, or abolish the government in such manner as they may think proper.
ARTICLE 3. Distribution of Powers.
Section 1. Separation of Powers. The powers of the government shall be divided into three separate departments, Legislative, Executive, including the administrative, and the Judicial; and no person charged with official duties under one of these departments, shall exercise any of the functions of the other, except as in this Constitution expressly provided.
No reasonable person would ever believe that a constitutionally elected public official possesses the constitutional authority to delegate their legislative power to a non-elected appointee of the State of Oregon.
The legislative power in question belongs to the people not the elected public official. This power is only on loan for that elected public official to serve the will of the people.
DEQ’s administrative legislation and enforcement of vague and ambiguous rules that are treated as law and enforced on the people of Oregon as law is a clear violation of Article 1, Section 1 of the US Constitution and Article 3. Section 1 Separation of Powers of the Oregon Constitution.
The Executive branch of the State of Oregon acted beyond the scope of their Constitutional authority by delegating judicial powers to employees of the executive branch for the creation of administrative courts manned by non-elected judges is a clear violation of Article 1, Section 1 of the US Constitution and Article 3, Section 1 – Separation of Powers of the Oregon Constitution.
This unconstitutional action by the Executive branch of the State of Oregon usurps my most fundamental right of trial by Jury in all civil cases as provided in the 7th. Amendment of Constitution of the United States of America
Trial by jury in civil cases and Article 1, Section 17 of the Oregon Constitution.
In all civil cases the right of Trial by Jury shall remain inviolate.
It further denies me access to the constitutionally intended Courts as provided in Article 7. Section 1 of the Oregon Constitution as holding original jurisdiction to hear and adjudicate any matters of law civil or criminal involving any citizen of the State of Oregon.
It also denies me the right to a fair and impartial Trier of facts that is held accountable through the election process – an elected Judge.
Article 7, Section 1. Of the Oregon Constitution. The judicial power of the state shall be vested in one Supreme Court and in such other courts as may from time to time be created by law. The judges of the supreme and other courts shall be elected by the legal voters of the state.
Article 5 Section 1 of the Oregon Constitution Declares the Executive Power of the State of the State of Oregon shall be vested in a Governor.
Article 5 Section 10 of the Oregon Constitution Declares the Governor shall take care that the laws be faithfully executed.
I do not believe that the
unconstitutional creation of DEQ is simply the tyranny of unintended consequences, but a carefully orchestrated plan by elected officials and appointee’s to create an administrative government agency that came complete with the ability to make environmental rules that were so arbitrary, capricious and written in terms so vague and ambiguous that no one can agree on their intent or meanings, but they must be treated as law.
The Executive branch now must create an unconstitutional administrative court that appears to be fair, impartial and maintain the illusion of constitutionality. Legislators, governors, past and present, and a host of government minions now posses the unconstitutional power to adjudicate outside of the Constitution.
It would appear from the inactions and interactions of the judiciary in DEQ’s unconstitutional process that most of the judiciary of the State of Oregon has given its approval to this unconstitutional fraud and assault on the Constitutions of the United States and the State of Oregon and the protections they provide for the citizens of the State on Oregon from the tyrannical actions of government.
In the past 2 yrs. I and other likeminded people helping me through this nightmare have spoken to hundreds of other people from every walk of life and every political party about the administrative agencies and their role in our lives.
I find it interesting that not one person in the private or business sector we have spoken to about this matter believes ODEQ meets the constitutional standards needed to be constitutionally enforced on the people of Oregon.
Just a reminder for the record the form of government we the people are guaranteed by Constitutional decree is a Constitutional Republic not a Democracy.
Again, we are a Republic with a Democratic form of representation not a Democracy and please note they are not the same. Maybe this will help you remember what form of government you were elected to represent and swore an oath to uphold. The next time you are standing and giving the pledge of allegiance are you going to say and to the Democracy for which it stands or to the Republic for which it stands. You were elected by the people and sent to Salem to be the people’s champion, not to be seduced by special interests or ill advised by legislative counsel concerning the constitutionality of some of your actions. As a elected representative of the people of the State Of Oregon, you are someone that took an oath, a promise to the people to up-hold the Constitutions of the United States of America and the State of Oregon. You not only have a right to demand constitutional accountability to every action of government you have a duty to do so.
Elected and un-elected government officials give lip service to our Constitutions when they are playing to the crowd but when the crowd is gone the same government officials seem to take a very cavalier attitude toward our Constitutions and the rights and the protections they provide to the people. Our Constitutions and the rights they provide to the people are not an abstract concept but the Supreme Law of the land.
The fact is ODEQ is an unconstitutional administrative process that was created to circumvent our Constitutional protections and our Common Law system. Created for the purpose of creating and enforcing environmental laws that could never meet the constitutional requirements or standards needed to become law and enforced on the people of Oregon.
No reasonable thinking person could ever believe the intent of our founding fathers was to trade the yoke of a monarchy and its Courts of Star Chamber for the tyrannous yoke of a Dictatorial administrative governmental agency.
I would ask that you respond to my letter in writing, your opinions on the issues contained in this letter are of paramount importance not only to me but to all of the likeminded men, women and business of Oregon that have joined me in a quest for Constitutional accountability from government and its servants.
Proudly and Respectfully Submitted,
As a sidebar, it was no surprise that not one of these so called public servants ever answered Mr. Stockman’s request for their opinions on this matter in writing.
However in November of 2009, State Representative Sal Esquivel contacted ODEQ’s Director Dick Pederson and Mr. Pederson has came to NWSM personally and spoke with Mr. Stockman. Mr. Stockman said he is looking to put this matter behind him.
On December 21, 2009, Administrative law Judge Joe Allen made a second decision in the Larry Stockman case and found against ODEQ again. Judge Allen only cited NWSM with failing to file an administrative report with ODEQ.
At this point in time Mr. Stockman is waiting to see if ODEQ is going to appeal Judge Allen’s decision to the Appeals Court.