Please Don’t Silence the Rural Voice in Oregon

The Oregon legislature is currently taking on the enormous task of redistricting. This happens once every 10 years and coincides with census data. This year is a bit different because census data is not planned to be compiled until after the deadline of redistricting here in Oregon. So the question then becomes, how can this process be done fairly and accurately so as to not marginalize or silence the voices of so many? The answer is that it truly needs to be done by an independent commission, not politicians.

So why as a rural Oregonian do I even care about district lines? To answer that question you will have to check back with my last blog. A few weeks ago I wrote about a terrible experience where my rural voice was marginalized to about half the weight of those who were speaking in opposition to my testimony. I know I’m in the minority in many situations, but does that give my voice less importance than anyone else’s? It certainly shouldn’t. And yet I am supposed to sit back while our voice gets cut up into tiny pieces along district lines, just so this can continue?

When you break it down, you can’t deny the fact that rural voices are being marginalized. And this isn’t the first or the last time this will happen, we need to do better, Oregon needs to do better. Which is why I still showed up, just a few hours after being silenced, to testify yet again and try to be heard.

In listening to testimony on the issue of redistricting, I have heard people question the term rural and question MY identity. This is wrong, and it’s offensive.

Did you know…
**25 of Oregon’s 36 counties are categorized as “non-metro” rural, meaning they have no communities of 40,000 or more residents.
**Ten of those counties have population density of less than 6 people per square mile.
**Even Oregon’s most populous counties have many rural and agriculture-dependent residents.
**The lower population of these communities makes them more vulnerable to gerrymandering, where districts are drawn to dilute the voice of these rural citizens.

As a farmer, I know when something doesn’t work. When it doesn’t work, we must change the process. Having legislators choose their electorate is innately a conflict of interest – perhaps the greatest conflict of interest. Seeing how the committees are split up with majority Democrats, knowing the Democrats have control of the Secretary of State and the Governor’s office, I can only believe those that hold all the power want to keep that power, and will draw the lines accordingly. I also can’t help but notice both chairs (Rep. Taylor & Rep. Salinas) of the committee formed for this project are from the greater Portland metro area. I have spent enough time in the Capitol and advocating for the agricultural community to know how “understanding” Portland legislators are of communities outside Portland. In fairness I would also guess that I don’t understand a lot of what needs there are to be determined within the metro area either.

In listening to public testimony over the past multiple weeks, the overwhelming ask is to move this responsibility out of the hands of partisan politicians and into an independent nonpartisan commission and I completely agree.

We know how partisan and divided our state and country is. There is an opportunity to choose people over political power, and ultimately choose what is best for Oregon. The current political situation we find ourselves in makes it difficult, maybe impossible, to achieve fairness without political gerrymandering. Rural district boundaries have been superseded and overshadowed by larger metro areas, and because of this, has diluted voices just like mine.

Marginalized and Silenced; Voices being dammed at the legislature

I have been a participant in the legislative process for as long as I have been farming.  If you have been following this blog for any small period of time you probably know that very well.  And if you’re in Oregon you also know that the legislature is currently in session, with bills piling up, some for and some against agriculture.  You probably also know that I’m a mom while being a farmer and advocate.  So my time is often prioritized with farming and mom-ing all mixed together.

Yesterday was no different.  There is a bill (HB 2488) which would create much more burdensome regulation surrounding the taking of beavers that do damage to our property.  Currently you are allowed to take beaver year round without a permit.  I will post my testimony below regarding this issue and what it means to me as a landowner and farmer. 

But first I want you to watch this hearing in the Committee On Agriculture and Natural Resources. I want you to see what our “transparent and open” legislative process looks like first hand. I’m warning you, it’s not pretty. It’s actually really disturbing. Here is the clip….

Now after seeing that I want to tell you that while I was sitting at home, trying to keep my kids quiet so I could testify when my time came, I was appalled by how Representative Witt handled this entire process. Because I think after watching the video you might agree, that he could have cared less what anyone was saying, he didn’t even have the courtesy to allow the time that HE GAVE TO US to testify!

A panel of three people was given 8 minutes by Rep. Witt.  Rep. Davis Brock Smith took 2:45.  Now I’m no math genius but I think 8-2:45=5:15 minutes remaining.  He proceeds to tell Mary Anne Cooper of the Oregon Farm Bureau (who represents over 6000 farmers and ranchers in Oregon) she has only 30 seconds.  Setting aside his own timeline and cutting her by an unconscionable amount of time.  Then you will see at the end he said that 4 people could testify, each for one minute.  
Math Genius here again….
4×1=4 minutes.
2×1=2. Two people spoke, and two were missing. 
4-2=2 minutes remaining. 
And instead of asking the next two people on his list if they would like the opportunity to take that time, we were all silenced by the swift hitting of the gavel.  Hearing closed.

Even after it closed another Representative Jami Cate asked that we revisit the public testimony, which she would like to hear more on this issue.  And was answered with, “no.”

I have been in the Capital and felt “unheard”.  I have testified and been cut off for going too long.  I have been not believed and publicly told so.  But never have I ever seen such a mismanagement of the public process.  I was there ready to take my minute to say my piece and I am allowed to; Mary Anne Cooper was there to stand up for farmers and ranchers across Oregon for who this is a very big issue.  And yet we were all silenced in such a disrespectful and unprofessional manner. 

If you didn’t think minds were already made up in this process then watch that video again.  If you time it, proponents of the bill received 10 minutes, while opponents received 5.5 minutes and were constantly interrupted to tell them their time was over.  Half the time….that’s how much weight was put on our testimony, half.  Not one person, proponent or opponent should be happy with what they see.  Not one person should watch that and not see a sham of a public hearing.  What a joke.

Here is my testimony.  Here is my voice on my own blog because due to a complete disregard for the public process that is our current legislature, it will never be heard as public testimony.

HB 2844               
CHAIR WITT AND MEMBERS OF THE COMMITTEE

Good afternoon,

My name is Brenda Frketich and I own a diversified and sustainable farm in St. Paul.  I am asking you to oppose HB 2844.

Beaver management is critical to maintaining my farm infrastructure, protecting my crops such as hazelnuts and poplars, preventing flooding, and maintaining roads.

My opposition to higher and over burdensome regulation surrounding these rodents is for two reasons; first the extensive damage that they cause and secondly because there is an abundant population.

The damage that is caused by beavers is extensive on our farm. We grow poplar and hazelnut trees. Both of which receive damage when beavers move into the area. They take entire trees of any size to make their dams. Not only do they destroy actual crop, they also in turn destroy cropland. The dams that are built create an enormous amount of flooding in a very short time. This takes away working farm land and can also destroy our drainage ditches. If there happens to be a roadway or culvert through this area, these areas can be made impassible.

The control measures that I take as a landowner are not for sport, hunting or recreation.  They are purely to protect my land from the damage that these rodents do.  When beavers show up, they can do damage quickly, so I need to take care of them as efficiently as possible.  Adding more burdensome regulation seems like just the first step in a slippery slope to stopping my ability to protect my property.

There is an abundant population of beavers in Oregon, and there is no science at all to show anything different.  You can trust me, someone who lives and works in the areas where these beavers live, or you can put on your boots and come see for yourself on my farm, but I can assure you the population is nothing but healthy and thriving.  Which is why our ability to control the population in problem areas is a priority for us. 

I am urging a no vote on HB 2844. As a farmer and landowner I need to be able to control rodents (and beavers are scientifically a rodent) when they are doing damage to my farm and crops.  I need to be able to control them in a timely manner within the current regulations in Oregon.  There is no shortage of beavers, and no need for more protections.  Thank you for your time on this important issue.

My Journey to Find 98 Chlorpyrifos Alternatives; The Unexpected Rabbit Hole

Those who know me know that I’m a proud citizen advocate.  As a mom to three children and 3rd generation farmer, showing up in Salem is one of the only ways to protect my family from the onslaught of mandates and taxes considered by our state legislature.  I consider it part of running my farm; showing up to speak out about the impacts of bad legislation is one of the ways that I help ensure that my family can continue to farm in the future.

The 2020 short session was no exception.  A bill to ban chlorpyrifos, an insecticide that is used in Oregon on a number of specialty crops, was introduced this session.  I, along with many other farmers and agriculturalists, showed up to testify against the pesticide ban in House Bill 4109

During the public hearing in the Senate Environment Committee, Senator Floyd Prozanski asked a number of questions to the panelists, including me.  Many of those questions stemmed from a letter that was submitted into testimony.

“I’m just trying to figure out, as you can imagine we get a lot of information….there is a letter here that’s signed by many people with PhDs, MS, etc., and they are talking about alternatives and it does note that there are 98 safer insecticides for turf/lawn or grass seed pests….I’m just wondering if the Extension service, are they working with you all on this and giving you some of these other potential options, and have they been tried and they just don’t work?”

Time and time again this letter was brought up in the committee hearing.  “The letter,” you know the one that has…
 “47 different signers, academics, scientists, from multiple universities here in Oregon.”

And, “It seems to me like we have got a lot of people in the academics as well as in the sciences that are basically saying that there are alternatives.”

Also to another panel, “You may want to look (at the letter) because it’s on OLIS; Jonathan Manton was the submitter.”

And then finally when he voted to move the bill to ban chlorpyrifos after 2021, “It does in fact appear at least from the material that has been provided online that there are alternatives…and I will be supporting a motion.”

Senator Prozanski reading from the letter during public hearing on HB 4109.

While I’m used to the back-and-forth and “he said, she said” that is typical of a public hearing on legislation, this time it didn’t sit right with me.  I felt as though my integrity and that of my industry were being called into question.  So I did just what Senator Prozanski asked us all to do that day in the hearing, and I looked up the letter on OLIS.

I’ll be honest that when this whole thing started, I imagined myself pouring over 98 labels of insecticides–cataloging mode of actions, pests controlled, pests partially controlled, how they would work into our cropping system, etc.  I almost wish that was where this journey landed me. Instead, I ended up down a rabbit hole of zero accountability for what is submitted as testimony by a registered lobbyist.  Where I landed is frustrating, because I take a lot of pride in what I put my name behind, and I was under the (apparently false) assumption that others did too.

So here is my journey, and I’m calling it that because once you’re done reading this I hope you’re as exhausted as I am.

Day 1: Find the Letter & then Find the Alternative Insecticide List
I got “the letter” from the legislative website.  First thing I did was count the signatures and found there were only 45 signers (not 47).  Of those 45, two are repeats, three are spelled incorrectly, and one person I couldn’t verify.  So I re-looked at the letter, now with only 39 verified signatures, and while the attention to detail is obviously not there, I had some additional questions:

  1. Who drafted the letter?
  2. What are the 98 alternative insecticides that are referenced?
  3. Of those alternatives, are the products registered for use in Oregon, by what methods can they be applied, and what pests are they labeled to treat?

Day 2 Who drafted “THE LETTER” and What are the 98 Alternatives?
I started with Senator Prozanski’s office.  I emailed a request for the list of alternatives.  I was emailed back a pdf from an organization that I knew wasn’t connected to “the letter.”  So I wrote back asking more specifically for the list that was continually referred to during committee, the one that lists 98 safer alternatives, specially listed for lawn/turf or grass seed.  I also made a phone call a few days later to follow up.  I still haven’t heard back from the Senator’s office.

Dead End Number 1.

So then I figured it might be safe to assume that the registered lobbyist who submitted the letter as testimony also drafted the letter.  Jonathan Manton, lobbyist for Oregon Organic Coalition, submitted the letter into testimony and was referred to time and time again surrounding the letter.  So I called him and asked.  Nope, he didn’t draft the letter and interestingly enough didn’t even know who wrote the letter.  This seemed strange since he entered it into testimony.  So onto the next question, “Can you send me the list of alternatives that the letter refers to?”  Again, the answer was no.  He told me to check the website that is listed on the letter.  He said he had never seen an actual listAren’t registered lobbyists required to adhere to code of ethics?  Why would a registered lobbyist submit something without verifying if it is even accurate?
Dead End Number 2.

In looking at the letter, it references the Pesticide Research Institute.  So I went to the website: http://pesticideresearch.com/site/evaluator/ and began to look around.  It looked at first as though I would have to get a subscription in order to use the tool that was referenced.  So I clicked on “subscriptions.” But wait…low and behold they aren’t giving out any new subscriptions.  This seemed odd.  I called the office number on the website, but it had been disconnected.  So I called another number that I found and left a message on what sounded like a cell phone.
Dead End Number 3.

Days 3, 4, and 5:
Back to square one and back to “the letter.”  I decided to contact the academics who had signed the letter.  The first call I got back was from a gentleman from Oregon State University (OSU).  He said he did sign the letter, but said he couldn’t speak to alternative options and that he wasn’t familiar with that area of study.  He also didn’t know who wrote the letter.  Wait, you signed a letter but didn’t know anything about the purported list of alternatives and don’t even know the area of study?!  I thought universities had a code of ethics and accountability that professionals adhere to.  Turns out OSU does.

I contacted all of the verifiable 39 signatories on the letter. Here is a list of the things that I heard over and over again….

  1. I can’t tell you who wrote the letter, maybe….(insert a multitude of names here)
  2. I can’t speak to the alternatives, that’s not my area of expertise.
  3. What is Chlorpyrifos?
  4. Good Luck!

Cue my disbelief….

Here is the list of people that they thought MAY have drafted the letter.  I contacted all of these folks, and their answers follow their names.  None of them had claimed to have seen the list, except number 7.

  1. Lobbyist Jonathan Manton, No
  2. Professor at OSU, No
  3. Oregon League of Conservative Voters, No
  4. Environment Oregon, No
  5. Beyond Toxics, No
  6. Earth Justice, No
  7. Friends of the Earth, YES!!!

Day 6: Call the drafter of “THE LETTER”

After days and days of calling and emailing, I had finally found out who drafted the letter!  The Friends of the Earth.  The gentleman whose contact info I found works out of Washington DC, which makes no real difference beyond the fact that he might not understand what we are working with as far as Pacific Northwest cropping systems and pests here in Oregon.  But not wanting to hit yet another dead end, I called him.  He said that getting the list “should be no problem.  I should have something to you by the end of the day today.”  This was looking promising…

Day 7 & 8: I’m still waiting

Two days later I had heard nothing from ‘Friends of the Earth.’  However, I am still getting calls and emails back from signers of the letter, all more of the same useless information.  So I follow up with Friends of the Earth.  “Oh I meant to get back to you,” he told me.  And he preceded to tell me that they had gotten the list from the website that was in the letter, the Pesticide Research Institute.  He continued on that I would need to get a subscription to the website in order to get the list.  So I followed up, asking if he could just give me a copy of the list that they used, because I’m assuming here that they must have at some point had a list.  He assured me that while he’s sure they had at one time had a list, they no longer do, unfortunately.
Dead End Number 4.

Day 9:  The information you are looking for no longer exists
At this point I knew the Pesticide Research Institute website was no longer taking subscription requests.  But, I had learned a little more about the website just one day before.  Turns out I received a call back from that cell phone number, returning my voice message. The woman introduced herself and said that she was the owner of the website.  She was in the process of shutting it down, however, because she recently bought a small farm and that is taking up more of her time than she thought it would.  Insert ironic jokes here.  Anyway, she said that if someone had a previous login they could maybe, in theory, access the list, but they have been having browser issues so she wasn’t sure that would work.  In August 2020 it would be shut down, however.  I could also pay her to do it possibly in her free time, but again with all the browser issues, she couldn’t guarantee that she could get the information I was asking for.  She also hadn’t updated the website for almost 3 years, so there was no guarantee the information was up-to-date or complete.  Cue my continued disbelief….

Dead End Number 5.

The end of the journey

And here is unfortunately where this journey ends.  “The letter” that had been referenced as fact by Oregon legislators and registered environmental lobbyists, the letter that attested to NINETY EIGHT safer alternatives that were going to save the day for grass seed, proved to be misinformation.  The scientists who signed that letter did not even have access to the list of “98 safer alternatives” for Oregon farmers.  And if I wanted to try to prove this negative, I would be required to pay someone to get out-of-date information from a website that no longer has funding and will soon cease to exist.  I’m just a citizen, isn’t it the lobbyist’s job to provide factual and accurate information?

So here we are…. and my mind keeps going back to that public hearing in the Senate on House Bill 4109.  I was testifying as a farmer who has grown grass seed for over a decade, telling legislators that I don’t have alternatives to control the pests that attack my crops.  And Senator Prozanski is reading us the letter.  He instructs us all to read the letter, and he tells us all that we should follow up.  Well I did, senator.  It took me over a week just to get to where I’m at now, which is still no list, still no answers.  So can we call these safer “alternatives,” if we can’t even get a copy of the list?  Absolutely not. 

What happened to professional integrity?

This journey started out as a fact-finding mission and ended with me questioning the integrity of the legislative process and registered lobbyists who put forward information without regard for the facts.  This isn’t as easy as: “I read this, and PhD’s signed it so it must be true.”  I wish I would have said, when asked about the letter, that I bet none of the signers are farmers.  I bet not one of those PhD’s actually did the research to see if any of those 98 insecticides were labeled for legal use in Oregon.  But how could they?  No one had the data when they were asked to sign the letter.

I also wish I had the chance to ask of the legislators, “Do you really think that we like to spray this chemical?”  Time and time again, our own legislators accuse us of just keeping the status quo.  They say we aren’t doing our part to find solutions.  These statements are not only upsetting, but they are hurtful to families across Oregon who work to grow food and fiber for the rest of the world.

I love what I do; I take an immense amount of pride in how we treat our employees and how we raise healthy food.  As the third generation on our farm, I also take pride in my healthy soils.  Those are things that I don’t take lightly.  So it just sucks to sit in committee and have my livelihood and farm practices called into question because of a letter that told legislators the opposite. A letter that at best is not based on fact and at worse is blatantly misleading Oregon lawmakers and members of the public.  A letter that references information that no longer exists (and I’m beginning question whether it ever did).

After being told that I can pay for the possibility of finding that information that should have been made available to the public in the first place, I’m ending this journey.  It’s not fair to me, my industry or the public.  And by no means will I “pay to play” with this NGO that clearly doesn’t value the integrity of the public process like I do.  But then, the viability of my farm is what’s at stake, and what does Friends of the Earth have to lose?

For those policymakers or members of the public who are still reading….

So let me tell you how it works in the real world.  Farmers need crop protection tools that aren’t just simply written down on a nice clean sheet of paper.  We need to legally control the pests attacking our crops; we need investments in research and development to see if alternative insecticide products are safe to use to control the same bugs; and we need investments in the state specialty crop registration process that can take 4-7 years.

We work with our Extension agents regularly.  We work with crop consultants who are always looking for new ways to manage pests.  I know that what I spray as a farmer can be dangerous when used incorrectly.  I KNOW THAT!  I raise my family on my farm.  I would love for an alternative to exist to chlorpyrifos.  Trust me, wearing a respirator isn’t the best thing I do while farming, not by a long shot.  So yes, I would love for a product to come along that is safer to handle.  I even testified that we tried a few other products during the infestation of army worms, and they didn’t work.  Our crops were literally disappearing overnight.

So when I’m told time and time again that I’m not doing enough, I take it personally.  And maybe that’s why I chose this rabbit hole to get sucked into.  Because I was sitting in a public hearing on House Bill 4109, one where farmers showed up to testify in a 2 to 1 ratio and still, still, we are not believed.  In fact, the integrity of our testimony and industry seemed to be called into question and in large part because of “the letter,” referenced by legislators and put forward by a registered lobbyist.

The letter that no one knows who wrote.  The letter that provides a seemingly simple list of alternative insecticides that Oregon growers are able to use without any actual data.  The letter that makes claims that not one single PhD who signed can substantiate.  And they can’t, because not one of them has seen this list.  The letter and list of alternatives that one senator brought up time and time again without even seeing it himself.

Maybe everyone just hoped that no one would look into it.  Maybe the thought was one echoed by one of the very PhD’s that I talked to, “Maybe there isn’t a list.  Maybe it was just put in there to beef up the letter?”  Makes you wonder, huh?

So here’s a plan.  Go out and buy a farm.  Plant the specialty crops that use chlorpyrifos in Oregon today.  Put all your income on the line and pray that mating disruption biopesticides will help with soil pests (spoiler: they won’t).  Pray that you don’t have symphs in your soil (because if you do, you’re screwed).  Pray that your years’ and years’ worth of work and your millions of dollars that you owe to the bank will get paid back.  Hell maybe put that nice neat little letter with ALL those PhD’s signatures on top of the soil, and let the pests read it.  Then you come and tell me how simple it is to just find the list of 98 alternatives that are safer, use those, and everyone wins.  It’s so easy, it’s so simple, if only it were. 

The fourth generation of our family farm.

I didn’t write this to argue the pluses and minuses of having the tool chlorpyrifos.  I am writing this because I hope it comes across how frustrated I am.  If we are at a place in Oregon where people can just submit whatever they wish without data to back it up, then farmers in Oregon are sunk.  If integrity doesn’t matter, then what happened this session will occur in sessions following the 2020 short session.  And I fear that someday this mentality—and the ability to put forward false information as truth—will cost my family our farm.