Legal Notice and Demand for Eugene City Council and Mayor

July 21, 2014                                                                           NOTICE TO AGENT IS NOTICE TO PRINCIPAL
From: Families for SAFE Meters                                             NOTICE TO PRINCIPAL IS NOTICE TO AGENT                                     Applicable to all heirs, successors, assigns or otherwise

To: The Offices of Eugene City Councilors and Mayor

Legal Notice and Demand

The Offices of Eugene City Councilors and Mayor (henceforth “you” or “your”)

You are hereby notified that EWEB’s 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 EWEB’s 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 EWEB’s 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 EWEB has adopted on 10.1.13 does not absolve EWEB of its duty to cause no harm and to protect the natural environment, including the people, animals and plants in EWEB’s service area. By contrast, this proposed action threatens to breach EWEB’s Oath of Office together with its fiduciary responsibility as a trustee. These are serious offenses. Furthermore, the consequences of EWEB’s decision could make EWEB and you personally liable for civil and criminal charges in your private capacity in addition to your public capacity, thus rendering EWEB’s decisions and corresponding actions void under the doctrine of ultra vires.***

Families For SAFE Meters Notice and Demand July 21 2014 page 1 of 4

EWEB has not provided adequate explanation as to why it would be worth the enormous cost and effort to install and maintain this digital “smart meter” infrastructure considering all of the real dangers, risks and uncertainties, as well as all of the potential future health related litigations. EWEB has not provided adequate explanation as to why it is willing to recklessly endanger our community by not agreeing to implement the guidelines of the “precautionary principal”. EWEB has refused to acknowledge the validity of the preponderance of credible evidence** proving the many real potential risks inherent in this digital “smart meter” technology. EWEB has chosen to ignore all of the negative feedback, litigation and activism around the world, attributed to the installation of these meters by other utilities. EWEB has failed to comprehend that even the safest digital meters could be made unsafe in the future by a simple change of firmware. EWEB has unwisely decided to put it’s resources into “smart meter” infrastructure rather than the more sustainable alternative energy infrastructure, where it would do the most good for the community. The advantages of “smart meters” are negligible and controversial, the disadvantages are numerous and well documented.

Now that you have been given notice of EWEB’s plans to install these potentially harmful “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 City Of Eugene, 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).

You have herein been given legal notice. You are required to act in the best interest of EWEB ratepayer-owners and the people living in and using services in EWEB’s 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 living in and using services in EWEB’s district, by officially requiring EWEB to implement the “precautionary principal” and cease and desist any contract signing or implementation of any 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.

By: “Families For Safe Meters” (135 EWEB owner families)

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*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, and standards.

Section 1.
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.
Section 1.
The Eugene Water & Electric Board shall comply with all applicable federal, state, and local laws and regulations relating to its activities

**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, city councilor or Mayor, 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.

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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.
Administrative law
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.
Constitutional law
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]
§  162.405¹
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]

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