Legal Notice and Demand presented to each of the 5 EWEB Commissioners 5.6.14

May 6, 2014

From: Families for SAFE Meters

info@FamiliesforSAFEMeters.org

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”)

                                                                                       NOTICE

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.

                                                                                     

 

                                                                                       DEMAND

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,

and standards.

 

EWEB BY-LAWS

ARTICLE II

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.

ARTICLE III

Section 1.

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.

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]

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