Oregon county official accuses local newspaper of criminal conduct

An Oregon county official accused a local newspaper of criminal harassment and requested a formal investigation into what the newspaper defended as normal reporting practices.

The Malheur Enterprise reported that it had spent months investigating State Rep. Greg Smith and his work as the contract director of the Malheur County Economic Development Department.

Enterprise Editor and Publisher Les Zaitz told the U.S. Press Freedom Tracker that Smith and his agency have been uncooperative with the newspaper’s attempts to report on its activities and projects for well over a year.

Following the publication of an article on the department, a county attorney made a formal request to the local sheriff’s office to investigate the Enterprise reporters. In a statement published on Aug. 14, 2019, Smith wrote that he and his staff had been “subjected to endless phone calls, hostile emails at all hours of the day and unwelcome visits,” and accused the Enterprise of pursuing a “vendetta” against him and his office.

Sheriff Brian Wolfe confirmed to the U.S. Press Freedom Tracker that a county official had asked him to investigate Smith’s allegations

Wolfe told an Enterprise reporter that the newspaper should examine the state crime of “telephonic harassment,” according to the outlet.

According to state law, “a telephone caller commits the crime of telephonic harassment if the caller intentionally harasses or annoys another person” by repeatedly calling or leaving messages at a number they have been forbidden to use. Telephonic harassment is a misdemeanor punishable by up to six months in jail and a maximum $2,500 fine.

In a statement published by the Enterprise, Zaitz defended the staff’s reporting activities as professional and customary. Zaitz also said the newspaper’s staff was alarmed by the prospect of a criminal investigation or search warrant on the Enterprise’s offices.

“We are a small, independently owned news source trying to hold public officials accountable,” Zaitz said. “Rather than provide information and truth, local officials appear more interested in criminalizing a profession protected by the First Amendment.”

The Enterprise reported that Smith’s staff had been instructed to turn over email correspondence with the newspaper to the sheriff’s office.

Sheriff Wolfe confirmed to the Tracker that his office did not open a formal investigation.

“We looked into the allegations and we did not open an investigation because there were no elements of a crime,” Wolfe said.

Smith did not respond to request for comment.

This article and update have been edited to reflect comment from Malheur Editor and Publisher Les Zaitz.