Gordon Friedman

Statesman Journal

State Sen. Jeff Kruse, R-Roseburg, may face a $500 fine for smoking cigarettes inside his Capitol office.

Kruse was sent a warning from the Oregon Health Authority on May 16 saying he may have violated Oregon's Indoor Clean Air Act.

On Tuesday, while having a Pall Mall outside the private Senate wing entrance, Kruse said he's smoked in his office for nearly 20 years. Indoor smoking was once common in the Capitol, he said.

Kruse said he closes the door and opens a window when smoking inside but, "It appears that is not sufficient for some people."

"I didn't think I was bothering anybody," he added.

But letters sent between OHA and the Legislature's legal counsel office show that Kruse's smoking drew complaints from some Capitol employees.

Secondhand smoke would fill the third-floor Senate wing hallways when Kruse would light up, according to witness statements sent to OHA.

Kruse's office is near a break room and some employees began eating lunch elsewhere because of the smoke.

Melissa Walton Hendricks, legislative aide to Sen. Chuck Riley, D-Hillsboro, wrote in her statement that she started eating lunch in her office because she is pregnant and feared health impacts.

"The thing that bothers me about this is that it has continued to occur despite complaints from our office, and despite the fact that it is against the law," she wrote.

She said some Republican staffers are bothered by the smoking but fear retribution if they complain.

Linda Heimdahl, assistant to Sen. Kim Thatcher, R-Keizer, wrote that Kruse should set a better example.

Kruse was warned over the years to stop smoking inside, according to a letter from legislative counsel.

A state Department of Justice official wrote that 11 incidents of smoking in the Capitol have been reported since 2009. Eventually, the Marion County Health Department fined the Legislature's administrative committee $300 for the violations.

In February, Senate President Peter Courtney, D-Salem, met with Kruse and Legislative Counsel Dexter Johnson after more complaints. Johnson's statement said Courtney "forcefully reprimanded" Kruse.

"I just explained to him that this had to stop," Courtney said.

Kruse, who has voted against indoor smoking bans, agreed to smoke outside. He said he wishes he didn't smoke, but has no plans to quit.

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