OR: Baker County commissioners, fearing potential liability, delay decision on signing agreement for federal grant for public transit

Baker County commissioners decided to wait at least two weeks before deciding whether to sign an agreement with the state that could restore $178,000 from a federal grant to support free public transport through Community Connection of Northeast Oregon.

On July 16, Joe Hayes, Baker County manager for Community Connection, told commissioners that the agency was trimming its bus schedule due to the loss of $225,000 in federal grants.

The federal cuts stem from a dispute between Oregon and the Trump administration, Hayes said.

The Federal Transit Administration, acting under an executive order from Trump, requires states that receive money through a particular federal program sign a contract stating they will comply with federal immigration enforcement.

Oregon Gov. Tina Kotek declined to sign, saying the contract violated state law.

Oregon is a sanctuary state, meaning it doesn’t assist federal officials to enforce immigration laws.

Oregon Attorney General Dan Rayfield joined with 19 other states in a lawsuit against the U.S. Department of Transportation, claiming that withholding the transit grants exceeds the agency’s jurisdiction.

Although a court has issued a temporary injunction that frees up some federal dollars, Hayes told commissioners on July 16 that Community Connection, which operates in Baker, Union and Wallowa counties, was reducing its spending for the time being.

He said Community Connection is using some of its reserves — $180,000 for the three-county region, including $67,000 in Baker County — to limit the cuts in service.

During their meeting Wednesday, Aug. 6, commissioners considered signing an agreement with the Oregon Department of Transportation, which serves as the pass-through agency for the federal transit grants.

Kim Mosier, the county’s attorney, told commissioners that “there is some risk involved” with their signing the ODOT agreement.

The injunction that a judge signed in the states’ lawsuit is preliminary, Mosier said, meaning the resolution of the legal challenge is uncertain.

Were the Trump administration to prevail, it’s possible that the federal government could sue the county to try to recoup the money.

Angie Jones, who works for ODOT, told commissioners that officials at the Oregon Department of Justice had reviewed the agreements with counties, and that “we have been told it is safe to sign these contracts.”

Commissioner Michelle Kaseberg asked Jones if ODOT would defend the county were the injunction to be lifted and the federal government sued the county.

Jones told commissioners she doesn’t know.

Kaseberg said that, given the uncertainty, she isn’t comfortable signing the agreement.

“Id like to sit on it for another two weeks” to try to get more information about the county’s potential liabilities, she said.

Commission chairman Shane Alderson and commissioner Christina Witham agreed.

“I think that’s the best plan,” Alderson said.

Commissioners’ next meeting is scheduled for Aug. 20.

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