May 6, 2014
From: Families for SAFE Meters
To: The Office of Eugene Water & Electric Board (EWEB) Commissioner
Legal Notice and Demand
Office of Eugene Water & Electric Board Commissioner (henceforth “you” or “your”)
You are hereby notified that your decision to replace water and electric analog meters with
electro-magnetic radio frequency/microwave radiating, receiving and broadcasting, wireless
digital meters (henceforth “smart meters”), contravenes EWEB’s by-laws and environmental
commitment.* In addition, this action is contrary to the ethical and moral imperative not to take
any action that even potentially could cause harm to people, animals and the environment.
The lack of credible certification and independent testing of “smart meters,” and therefore the
uncertainty of their safety, makes your program akin to indiscriminate mass public experimentation
forbidden by the Nuremberg Code, Declaration of Helsinkiand the Belmont Report.
Significant and reliable evidence** clearly illustrates the many dangers of “smart meters.”
Thus, installing these digital meters would almost certainly cause harm to the environment in
addition to threatening health, safety, security and privacy, thus violating the Constitutionally
protected unalienable rights of all the people living and working in your service district..
Due to the omnipresence of “smart meter” generated electro-magnetic/microwave fields in the
environment, no living being would be immune from its harmful effects. Concurrently, there
cannot be a genuine choice for anyone. Thus the “opt-in” policy you adopted 10.1.13 does not
absolve your duty to cause no harm and to protect the natural environment, including the
people, animals and plants in your service area. By contrast, this proposed action threatens to
break your Oath of Office together with your fiduciary responsibility as a trustee. These are
serious offenses. Furthermore, the consequences of your decision could make you personally
liable for civil and criminal charges in your private capacity in addition to your public capacity,
thus rendering your decisions and corresponding actions void under the doctrine of ultra vires.***
Now that you have been given notice of the potential dangers of “smart meters,” also be advised
that if and when you are sued for damages, your bond insurance company may not provide
sufficient coverage because of your prior knowledge of the potential harm. This could make
you negligent in their eyes, and void any agreement you, or the EWEB Corporation, may have
with them. Because of your prior knowledge, you may also be held criminally liable under
Oregon Revised Statutes for “Official Misconduct”**** (prison and/or a fine).
Families For SAFE Meters Notice and Demand May 6th 2014 page 1 of 4
You have herein been given legal notice. You are required to act in the best interest of
EWEB ratepayer-owners and the people using services in your district, or suffer the
consequences of your actions. You do not have plausible deniability in this matter.
Families For SAFE Meters respectfully demands and requires that you fulfill your obligation as trustee
to the owners of EWEB, the environment, and all the people using services in your district
by ceasing and desisting the contract signing or implementation of all plans to purchase
or install any type of digital smart meter due to the potential harm it may cause to this
community now and in the future (by the potential implementation of digital meter firmware
upgrades, alterations or replacements). If you choose not to comply with this demand,
appropriate actions will be taken including notifying the proper authorities and possible legal action.
*EWEB environmental policy and by-laws
Adopted by Commissioners on November 4, 1997
EWEB takes responsibility for the environmental consequences of our actions.
We believe that environmental protection and enhancement are sound business practices that are beneficial to
the ecological and economic health of our community, that support a sustainable future for our world, and that
enhance EWEB’s success as a publicly owned utility.
EWEB conducts business in an environmentally sensitive and responsible manner while providing our
customers with safe, reliable, and responsive utility service.
We are committed to innovative, cost-effective approaches to environmental challenges, to integration of
environmental considerations in all aspects of our activities, and to continual improvement of our efforts to
protect and enhance the environment.
The objectives for EWEB’s environmental commitment are to:
· Prevent, minimize, or mitigate the environmental impacts of EWEB’s products and services.
· Meet or exceed compliance with the letter and spirit of applicable environmental statutes, regulations,
The principal purpose of the Eugene Water & Electric Board is to benefit the citizens of Eugene by providing
water, electric and other physical energy services to its customers with a goal of maintaining the lowest possible
rate consistent with long-range rate stability, prudent business practices and sound environmental management.
The Eugene Water & Electric Board shall comply with all applicable federal, state, and local laws and
regulations relating to its activities
Families For SAFE Meters Notice and Demand May 6th 2014 page 2 of 4
**Enclosed you will find a CD containing just a small sampling, and yet more than sufficient evidence
and proof, that would convince any prudent man or woman, or officer of EWEB, of the potential harm
caused by digital meters, electro-magnetic and microwave devices.
***ULTRA VIRES - Wikipedia
Ultra vires is a Latin phrase for “beyond the powers”. The ultra vires doctrine typically applies to a corporate
body, such as a limited company, a government department or a local council so that any act done by the body
which is beyond its capacity to act (and not intra vires) will be considered void.
Corporate law In corporate law, ultra vires describes acts attempted by a corporation that are beyond the
scope of powers granted by the corporation’s objects clause, articles of incorporation or in a clause in its
Bylaws, in the laws authorising a corporation’s formation, or similar founding documents. Acts attempted by a
corporation that are beyond the scope of its charter are void or voidable.
In administrative law, an act may be judicially reviewable ultra vires in a narrow or broad sense. Narrow ultra
vires applies if an administrator did not have the substantive power to make a decision or it was wrought with
procedural defects. Broad ultra vires applies if there is an abuse of power (e.g., Wednesbury unreasonableness
or bad faith) or a failure to exercise an administrative discretion (e.g., acting at the behest of another or
unlawfully applying a government policy). Either doctrine may entitle a claimant to various prerogative writs,
equitable remedies or statutory orders if they are satisfied.
Under Constitutional law, particularly in Canada and the United States, constitutions give federal and provincial
or state governments various powers. To go outside those powers would be ultra vires; for example, although
the court did not use the term, in striking down a federal law in United States v. Lopez on the grounds that it
exceeded the Constitutional authority of Congress, the Supreme Court effectively declared the law to be ultra vires.
****§ 162.4151 OREGON
Official misconduct in the first degree
(1) A public servant commits the crime of official misconduct in the first degree if with intent to obtain a benefit
or to harm another:
(a) The public servant knowingly fails to perform a duty imposed upon the public servant by law or one clearly
inherent in the nature of office; or
(b) The public servant knowingly performs an act constituting an unauthorized exercise in official duties.
(2) Official misconduct in the first degree is a Class A misdemeanor. [1971 c.743 §215]
Official misconduct in the second degree
(1) A public servant commits the crime of official misconduct in the second degree if the person knowingly
violates any statute relating to the office of the person.
(2) Official misconduct in the second degree is a Class C misdemeanor. [1971 c.743 §214]
Families For SAFE Meters Notice and Demand May 6th 2014 page 3 of 4
We the undersigned are a representative group of the more than 135 owner/member families of Families For Safe Meters
Families For SAFE Meters Notice and Demand May 6th 2014 page 4 of 4