[Heritage] Oregon Heritage News 2016-12-01

INFO Heritage * OPRD Heritage.Info at oregon.gov
Thu Dec 1 15:20:45 PST 2016

In this Issue:
1. Heritage preservation training scholarship deadline Dec 5
2. Dec 6 OAS lecture features SHPO archaeologist Dennis Griffin
3. Judge issues injunction blocking new federal overtime rules
4. Public meeting notice for Oregon Commission on Black Affairs
5. Oregon State Parks annual parking permits on sale in Dec
6. Call for nominations for Secretary of Interior's Historic Preservation Award
7. Goal 5 rule amendment process update
8. Oregon Historical Society's annual celebration of Oregon authors Dec 4


The Oregon Heritage Preservation Scholarship provides financial assistance for Oregon residents to attend a preservation-related conference, workshop, or training in the United States. Eligible travel expenses include registration fees, transportation, lodging and meals.

Scholarships will be offered to those actively involved in local preservation efforts and who demonstrate how attendance at a preservation-related conference, workshop, or training will help meet the preservation needs of their local community.

Past scholarship attendees have used the scholarship to participate in the following trainings/conferences/workshops: National Main Street Conference, Western Museum Association Annual Meeting, American Folklore Society Conference, American Association for State and Local History Conference, Past Forward Conference, Pacific NW Preservation Field School, Northwest Archivists Conference, Northwest Archaeological Conference, and more.

Scholarships are competitive and offered twice per year. The second round deadline is Dec 5  and is available for those to attend trainings between Jan. 1, 2017 and June 30, 2017.

For more information and the application, visit www.oregon.gov/oprd/HCD/FINASST/Pages/Scholarships.aspx<http://www.oregon.gov/oprd/HCD/FINASST/Pages/Scholarships.aspx>  or contact Katie Henry at katie.henry at oregon.gov<mailto:katie.henry at oregon.gov> or (503) 986-0671.


On Dec. 6 at 7p.m. Oregon State Archaeologist Dennis Griffin will present Oregon Archaeology: The Identification and Protection of our Cultural Heritage and the Role of the SHPO (State Historic Preservation Office) as part of Oregon Archaeological Society's annual lecture series. The lecture series takes place at the Oregon Museum of Science and Industry, 1945 SE Water Ave., Portland. The lecture is free and open to the public. Visit here<http://www.oregonarchaeological.org/events/> for more information.


The following information regarding the overtime rule was provided by the Nonprofit Association of Oregon (NAO):

a federal district judge in Texas issued a preliminary nationwide injunction blocking the Dec. 1, 2016, implementation of new rules from the U.S. Department of Labor (DOL) governing overtime compensation. The ruling stated that the DOL exceeded its authority in making the new rules. Because this is a nationwide injunction, it applies to all states, not just the 21 that filed a federal lawsuit challenging the rules.

At issue is the question of which employees qualify for an exemption from the requirement under the federal Fair Labor Standards Act (FLSA) that most employees are entitled to time and a half overtime pay for work in excess of 40 hours in a week. The FLSA exempts from the overtime requirement "any employee employed in a bona fide executive, administrative, or professional capacity," often called the EAP or "white collar" employees. Current regulations require that employees must possess the duties of executives, administrative workers, or professionals and be paid more than a minimum salary. The overtime rule published by the Labor Department in May, and set to go into effect on December 1, would have more than doubled the existing "salary level test" for exempt white collar employees from $455 per week ($23,660 per year) to $913 per week ($47,476 per year).

Twenty-one Governors and Attorneys General filed suit in federal court<http://r20.rs6.net/tn.jsp?f=001nCQC5iqlW2_wNSPWzi8y_C6CsM75vBszt5d1CdETXqkoDXg2hGOboSEXWbBvIWDhiKnyYNl4ZkeKGGe7oMOvPkC9kJBJJ64EW7giwfbEMxayhgkXM6XDuugpP1lN4BPkMjSw331K1fv_zOc_kQINvR2HWUB_90wXr8ZZRtIEPaHNFoP9Q0fwz7NWU8v1qeauKr7zYXBecLfe3RN_mQI4Sv2MJMZJbd4SdTtEVkzYwjKgxTV-IIf1b4BlW7m_1-Cq9cthqygzkO_FVvHyktUeyD20q7ARrXu5pFeHLMWQR9g=&c=gSPm0SMjPWdqG7sHoQ541w8T3z0J3IMxti7dOKI7Y_uiqgwt0IXN2Q==&ch=-AdiV1uPc70Ht8lehulPdaqV5_XICUwvrLY48pVlnHneoVYtzf89Tw==> challenging the overtime rule on several grounds. Siding with the states, Federal Judge Amos Mazzant held that the white collar exemption is clearly based on the duties that individual employees perform, and that the Labor Department did not have the authority to create a different or higher standard. Specifically, he ruled: "Congress gave the Department the authority to define what type of duties qualify [for the overtime exemption] - it did not give the Department the authority to supplant the duties test and establish a salary test that causes bona fide EAP's to suddenly lose their exemption 'irrespective of their job duties and responsibilities.'"

While this development raises the possibility of delaying or striking down the new rules, the current Administration is likely to appeal, and that appeal could be heard shortly. The eventual outcome is very unclear at this point. NAO has been consulting with our members, our colleagues like the Idaho Nonprofit Center and the National Council of Nonprofits to better understand and advise you on the ramifications of this news.

Here's a short list of recommendations that we have:

  1.  Remember, the Overtime Rule (FLSA) has been suspended and NOT eliminated. Nonprofits who are unsure about what to do should consider consulting with an HR and/or an attorney for advice.
  2.  Nonprofits that have not yet communicated any changes to your staff may want to hold off on implementing changes until the outcome of the legal proceedings is clear. However, you should still be mindful that the rule has just simply been suspended and continue to plan for changes that may still be coming, or necessary for your organization.
  3.  If your organization has already implemented these changes we suggest you consider the reasoning behind making the choice you made.  Was it to be sure your employees are fairly compensated for their work?  Was it to remain compliant?  Or a little of both?  Consider the implications of pulling back your changes in light of this current ruling, in particular if you increased salaries to the minimum threshold or are offering overtime compensation. Our advice is to leave those changes in place until there is a legal resolution. If the rules are struck down, those organizations can then decide whether to reverse payroll changes and any changes made to staff exemption classification.
  4.  Think about your options over the next few days and don't rush to make any decisions until you can consult with experts and perhaps even discuss options with your board or executive committee if warranted.

NAO will continue to monitor the situation and communicate additional information as it becomes available.


Oregon Commission on Black Affairs (OCBA)
Saturday, December 3rd, 2016
9:00 AM - 12:00 PM

The meeting will cover Commissioners' reports and other topics of interest to the Commission.
Public may attend the meeting at:
Concordia University
George R. White Library, Room 120
2811 NE Holman Street
Portland, OR 97211
NOTE: This is a new venue

Guest speaker:
Steve Simms, Director, Apprenticeship Training Division, Bureau of Labor and Industries

The meeting location is accessible to persons with disabilities.  Requests for accommodations for people with disabilities should be made at least 48 hours in advance. Contact Nancy Kramer at nancy.kramer at oregon.gov<mailto:nancy.kramer at oregon.gov> or 503.302.9725 regarding accessibility or any other concerns.


Give the gift of the great outdoors this holiday season with an annual Oregon State Parks day-use parking permit. From Dec. 1-31, visitors and holiday shoppers can buy them for only $25--that's $5 off the regular price of $30. Purchasing these passes is easy--buy them online at https://store.oregonstateparks.org, along with branded holiday gift gear, such as portable coolers, water bottles and baseball caps.

Parking costs $5 a day at 26 Oregon State Parks unless you have a 12- or 24-month parking permit or a same-day camping receipt. The 24-month pass is $50. The permits are transferable from vehicle to vehicle.

"Our December sale is the only time we discount the annual parking permit," said Lisa Sumption, Oregon Parks and Recreation Department (OPRD) Director. "These make a great gift. Your family and friends will thank you for a year of unlimited playing, hiking and picnicking."

The Oregon Coast Passport is also discounted $5 in December. The passport is a multi-agency product, valid at Oregon State Parks, U.S. Forest Service, Bureau of Land Management and National Park Service sites along the Oregon coast. The coastal passports are on sale for $30--regularly $35--in December.

The OPRD parking permits and Oregon Coast Passport can be purchased at major Oregon State Parks offices, some state park friends' group stores and local businesses throughout the state. For a complete list of vendors, visit http://oregonstateparks.org.

First time members of the nonprofit Oregon State Parks Foundation (http://www.oregonstateparksfoundation.org/membership/) receive a free 12-month permit at the $45 membership level or above.

Visitors are the single largest source of funding for Oregon's state parks. Revenue from RV registrations and the Oregon Lottery, dedicated by voters in 1998 and 2010, make up the rest.


The Secretary's Award for historic preservation recognizes the contributions of employees across many levels of government to maintaining, preserving, and enhancing cultural heritage. This award is distinguished from other programs because it is mandated as a Cabinet-level recognition that focuses on the accomplishments of individual employees whose work enhanced and/or improved historic preservation in their agency or division of government.

In this Centennial year of the National Park Service and the 50th anniversary of the National Historic Preservation Act, nominations for this prestigious award are accepted through January 6, 2017. Officers and employees of Federal Preservation Offices, State Historic Preservation Offices, Tribal Historic Preservation Offices, and Certified Local Governments are eligible to receive this award.

visit  https://www.nps.gov/articles/preservation-awards.htm for the nomination process. Please contact preservation_grants_info at nps.gov<mailto:preservation_grants_info at nps.gov> with questions regarding this award.


The Oregon Department of Land Conservation and Development (DLCD) organized a citizen Rule Advisory Committee (RAC) to consider revisions to the Goal 5 Rule "Natural Resources, Scenic and Historic Areas, and Open Spaces," as it pertains to historic resources. Meeting details, including the most recent Nov. 15 meeting, and information regarding the process and related documents are available on the DLCD website here<http://www.oregon.gov/LCD/Pages/Goal5HistoricResourceRulemaking.aspx>, including an agenda and staff report for the meeting, listing of the members of the RAC and instructions on how to comment on the rule revision. A general fact sheet is available here<http://www.oregon.gov/LCD/docs/rulemaking/Historic_Rule_FAQ_20160819.pdf>.

The rule revision was requested by the Governor's office due to discrepancies between jurisdictions in how the Goal 5 Rule is applied and potential conflicts between the federal National Register of Historic Places and local land use processes, among other items. The RAC was authorized by a unanimous vote of the present members of the Land Conservation and Development Commission at their July 22nd meeting in Boardman, OR.

Please direct both questions regarding the process and comments for consideration by the RAC to Rob Hallyburton, Community Services Division Manager at rob.hallyburton at state.or.us<mailto:rob.hallyburton at state.or.us> or at Oregon Dept. of Land Conservation and Development, 635 Capitol Street NE, Suite 150, Salem, OR 97301-2540.


For nearly 50 years, the Oregon Historical Society has celebrated the literary talents of Oregonians at this annual holiday book sale and signing. Meet your favorite author, and take home a personally signed book for the perfect local holiday gift. All authors who are invited to participate have published in the current year, and many will have multiple books available for sale. Sip on hot cocoa, listen to carols, and get into the spirit of the season as a kick off to the holidays at the Oregon Historical Society!

For information on authors and books included in the event visit here<http://ohs.org/events/holiday-cheer.cfm>.

Free and open to the public, Sunday, December 4, 2016, 12PM - 4PM
Oregon Historical Society, 1200 SW Park Ave, Portland, Oregon 97205

Share your photos of Oregon's heritage on Facebook, Instagram and Twitter using #oregonheritage.

Oregon Heritage News is a service of Oregon Heritage, a division of the Oregon Parks and Recreation Department. The news editor can be contacted at heritage.info at oregon.gov<mailto:heritage.info at oregon.gov>.

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