EXHIBIT 1

 

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CITY OF PORTLAND

OFFICE OF MANAGEMENT & FINANCE

ADMINISTRATIVE RULE

UTILITIES CUSTOMER SERVICES

 

 

 

 

ADM-###  ACCOUNT MANAGEMENT POLICY

Authority

Both the Water Bureau Administrator and the Director of the Bureau of Environmental Services are authorized to delegate their functions and to adjust customer bills. (City Code Sections 21.04.010, 21.16.120, 17.04.035, 17.36.100 and 17.36.130). City Code Section 3.15.110 authorizes the Utilities Customer Services (UCS) Division of the Revenue Bureau to perform billing and collection services for City water, sewer and storm water systems, to respond to customer inquiries and to manage financial assistance programs.

Purpose

To provide payment expectations and guidance for customers who utilize City water, sewer, or storm water services and to ensure appropriate and consistent application of payment policies by City staff.

Objectives

•  To inform customers that outstanding balances on water, sewer and storm water accounts are payable on or before the due date.

•  To provide operating principles that assist customers in keeping their accounts current and avoiding delinquency fees, shut-off or other account actions.

•  To inform customers of charges for actions related to collection follow-up. Those charges are designed to cover administration costs of debt collection and provide an incentive to customers to remain current and avoid delinquent conditions.

•  To promote collection of past due amounts in a manner that protects both the rights of the customer and the public resource through the use of various financial assistance methods including but not limited to: payment plans, discounts or one-time vouchers available for low income households.

•  To provide an appeal process for customers who have been unable to resolve billing issues or believe they are not responsible for an outstanding account balance.

Requirements

To avoid late charges, delinquency penalties and/or service interruptions, an account must be paid in full by the due date or an approved payment arrangement must be established.

•  If a customer’s account has reached shut off status only one time during

 

the previous 12 months, the service may be restored with a promise to pay 50% of the balance owing within three (3) business days and a payment arrangement made for the remaining balance.

•  If a customer’s account has reached shut off status more than once during the previous 12 months, 50% of the balance owing must be posted to the customers account and a payment arrangement made for the remaining balance prior to the restoration of service.

•  If collection efforts extend beyond shut off status, a payment equaling 100% of the outstanding balance on the account must be posted to the customer’s account prior to the restoration of service.

Billing Schedule and Fees

The billing schedule, carrying charges and fees on past due accounts and the fees for restoring water service after normal business will be published in the annual rate ordinance. Information related to the schedule and fees will be made available to the public via printed material and on the Utilities Customer Services web site.

Fee Waivers

Waivers for fees may be allowed on the following basis:

•  Fees for reminder and pre-shut off notices and for shut off actions may be waived once every twelve months.

•  Fees accrued for actions after shut off or for returned items will not be waived.

•  No other fee waivers will be granted unless an error has been made. Fees applied in error will be corrected and a note of such action noted in the account record.

Payment Arrangements

Customers, or parties authorized to act on a customer’s behalf, are entitled to make payment arrangements for water, sewer and stormwater services under the following guidelines:

•  Active Customers

For active accounts, payment is due 21 days after the date of billing.

Residential customers wishing to manage their accounts by making equal monthly payments may contact Utilities Customer Services to request Budget Billing. The amount paid monthly is calculated using normal average usage over the preceding twelve (12) months. The monthly Budget Billing amount will be adjusted annually based on actual usage. Only accounts with a zero balance are eligible for Budget Billing.

Any customer unable to pay an outstanding balance when due may contact Utilities Customer Services during normal business hours to make payment arrangements to request a payment plan. Customers will be encouraged to arrange for the shortest payment time possible.

 

Customers billed monthly may request payment arrangements that extend the due date up to an additional 30 days.

Customers billed bimonthly or quarterly may request payment arrangements that extend over the current billing period when necessary. Payment arrangements will require that the outstanding balance be paid in full 14 days prior to the next bill date.

If a customer defaults on a payment arrangement, additional payment arrangements will not be offered to the customer for the current balance until all missed payments are made.

•  Back Billed Customers

Customers receiving a bill delayed or adjusted for a period greater than six months due to an error on the part of the City may establish a payment plan that will pay off the balance over a period not to exceed six months. The plan will be calculated to remove the arrears amount within the agreed time period. Customers must continue to pay their regularly scheduled bills by the established due date. Bills delayed or adjusted for a period of six months or less must be paid before the next billing cycle.

Bills delayed or adjusted due to an error on the part of the customer must be paid before the next billing cycle.

If a customer defaults on a payment arrangement, additional payment arrangements will not be offered to the customer for the current balance until all missed payments are made.

•  Final Billed Customers

Utilities Customer Services is not authorized to make payment arrangements for customers who have received a final bill.

•  Financial Assistance/LINC

Customers having financial difficulties in making payments will be offered information about the Water/Sewer Low Income Financial Assistance Program (LINC). The City sets eligibility standards but does not determine who is eligible for financial assistance. Interested customers will be referred to the appropriate agency for evaluation. The agency will review the application, make the eligibility determination and notify the City.

When financial assistance eligibility is confirmed, recurring discounts on water and sewer bill charges will be provided for a one-year period. Prior to the end of the eligibility period, UCS will send a reminder letter notifying the customer of the approaching termination date. A customer wishing to continue in the program must notify one of the approved agencies and re-apply. The LINC discount amount may be adjusted each July and will be published in the water and sewer rate ordinances. Information related to the discount will be made available to the public via printed material and on the Utilities Customer Services web site.

If appropriate, annual crisis vouchers are also available to LINC-qualified

customers who are either scheduled for meter shut off or who are already shut off. The maximum amount allowable for a crisis voucher is $150 per 12-month period. A co-payment of at least $20 is required prior to application of the crisis voucher to the account. If the account has an outstanding balance after the voucher is applied, the customer will be expected to make appropriate payment arrangements for the remaining balance.

If a customer is potentially eligible for financial assistance but has not applied for LINC assistance, UCS will place a 2-week hold on collection actions while the customer completes the application and review process. If the customer qualifies for the financial assistance program, the process described above will be followed.

All customers who qualify or request information on financial assistance will be offered a referral to a consumer credit counseling agency.

Tampering with a meter or illegally using water or sewer services will disqualify a household from LINC assistance for a period of one year from the date of discovery.

Appeals

Utilities Customer Services is dedicated to resolving customer issues and inquiries as quickly as possible. In order to do this, staff will routinely consider bureau policies, account/customer history and special circumstances when a customer disputes a bill or cites an inability to make timely payments. Customers requesting exceptions to normal policies will be referred through an escalating management review. Those customers wishing to request a formal review of an account balance or billing issue or to challenge a shutoff action may file an appeal in accordance with Appeal Policy ADM-###.

Contact Information

Utilities Customer Services Manager

Operating Procedure History

Adopted by:

Adoption date

Effective Date:

Revision Date(s):

 

 

 

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CITY OF PORTLAND

OFFICE OF MANAGEMENT & FINANCE

ADMINISTRATIVE RULE

UTILITIES CUSTOMER SERVICES

 

ADM-###  WATER, SEWER, AND/OR STORM WATER BILLING APPEAL POLICY

Authority

Both the Water Bureau Administrator and the Director of the Bureau of Environmental Services are authorized to delegate their functions and to adjust customer bills. (City Code Sections 21.04.010, 21.16.120, 17.04.035, 17.36.100 and 17.36.130). City Code Section 3.15.110 authorizes the Utilities Customer Services (UCS) Division of the Revenue Bureau to perform billing and collection services for City water, sewer and storm water systems and to respond to customer inquiries.

 

The Directors of the Water Bureau and Bureau of Environmental Services delegate authority to the Administrative Review Committee (ARC) to respond to customer requests for reviews of account adjustments, proposed account actions, or other disputes concerning water, sewer, and/or storm water accounts. Decisions rendered by the ARC will be considered bureau decisions.

 

The ARC is composed of one voting representative each from the Bureau of Water Works and the Bureau of Environmental Services, both of whom have been confirmed by the commissioners-in-charge of these bureaus, along with one voting member from the Portland Utilities Review Board (PURB) to represent consumer interests. The bureaus shall each designate two alternate representatives, also confirmed by the commissioners-in-charge, and the PURB shall designate one alternate.

 

Purpose

To provide customers with an avenue for addressing disputes about water, sewer, and/or stormwater accounts, billing issues and actions related to the termination of service.

Objective

To resolve customer issues and inquiries as quickly as possible.

Procedure

Customers or their agents may address issues related to their accounts by calling Utilities Customer Services or visiting the Customer Service Walk-In Center during regular business hours. When considering customer inquiries, staff will consider bureau policies, billing accuracy, account/customer history and special circumstances that may impact a customer’s ability to make timely payments.

 

If customer concerns cannot be resolved by a Customer Account Specialist, they will be reviewed by a supervisor or by the UCS Advanced Solutions Team. If the matter cannot be resolved to the customer’s satisfaction at this level, the customer shall be informed of his or her right to a formal review.

 

The formal review process is described as follows:

 

•  A customer or an agent who requests the formal review of a bill-related issue must submit a written request for a review of the account in question to the Administrative Review Committee (ARC). The request shall include a statement of what the customer believes the issue(s) to be and the specific remedy requested. The request must also include a statement describing what informal efforts were made to resolve the matter.

 

•  When a written appeal is received, all pending collection actions on the disputed portion of the account will be suspended until the merits of the appeal have been reviewed and a decision rendered. The customer is expected to keep current any undisputed portion of the account.

 

•  The ARC will meet monthly, or as needed, for the purpose of considering written appeals received no less than ten days prior to the scheduled meeting date. City Code, Administrative Rules, policies, rate ordinances, account/customer history and special circumstances will be evaluated when rendering decisions. The Committee may accept the customer’s requested remedy, authorize an alternate remedy, or deny the appeal. If desired, the customer making the appeal or his or her representative will be allowed up to 15 minutes for an oral explanation of his or her position, unless the time is extended by a majority vote of the Committee. Neither the customer nor a representative is required to be present.

 

•  The ARC is authorized to make adjustments up to $5,000.00 in water charges and $5,000.00 in sewer/stormwater charges. Adjustments greater than $5,000.00 for either the water or sewer/stormwater charges will be referred to the director of the bureau responsible for delivering the respective services or to the City’s Chief Administrative Officer.

 

•  The ARC will provide written notification to the appellant of its decision within 10 business days of making a decision. The reply will include a brief explanation for the decision, and a clear explanation of the future expectations regarding account actions to be taken by the City, and what next appeal steps may be available. The reply will be sent to the customer’s billing address via certified mail with return receipt.

 

•  An appellant shall, within 15 business days of the mailing of the ARC’s decision, notify the Revenue Bureau Director in writing of his or her intention to appeal that decision to the Code Hearings Officer, in accordance with Chapter 22.10 of City Code. The Code Hearings Officer may uphold or repeal the ARC’s decision.

 

•  To defray costs of the appeal, the Revenue Bureau shall impose on the affected person the associated fees for requesting a hearing before the Code Hearings Officer. The fee shall be paid at the time the hearing is requested or the protest shall be considered waived. A customer who is an active participant in the

 

 

Water/Sewer Low Income Financial Assistance Program may request a fee reduction. In the event that the person contesting the ruling prevails in the protest, the fee shall be refunded.

Contact Information

Utilities Customer Services Manager

Operating Procedure History

 

Adopted by:

Adoption date

Effective Date:

Revision Date(s):

 

 

 

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CITY OF PORTLAND

OFFICE OF MANAGEMENT & FINANCE

ADMINISTRATIVE RULE

UTILITIES CUSTOMER SERVICES

ADM-###  Residential And Commercial Water and Sewer Courtesy Leak Adjustment Policy

Authority

 

Both the Water Bureau Administrator and the Director of the Bureau of Environmental Services are authorized to delegate their functions and to adjust customer bills. (City Code Sections 21.04.010, 21.16.120, 21.16.130, 17.04.035, 17.36.100 and 17.36.130). City Code Section 3.15.110 authorizes the Utilities Customer Services (UCS) Division of the Revenue Bureau to perform billing and collection services for City water, sewer and storm water systems, to respond to customer inquiries and to apply adjustments.

 

Purpose

 

To provide guidance and repair expectations for customers who utilize City water, sewer, or storm water services and to ensure appropriate and consistent application of courtesy leak adjustments by City staff.

 

Definitions

 

Leak: An unintentional water loss caused by broken and/or malfunctioning plumbing fixtures or pipes at a residence or building.

 

Non-Sewer Affected Leak: Where water loss from the leak does not enter the City’s sewer system. (e.g., underground leak)

 

Sewer Affected Leak: Where water loss from the leak enters the City’s sewer system. (e.g., toilet leak)

Objectives

 

To provide an opportunity for customers to request courtesy adjustments to water and sewer use charges where a leak exists in the water system on the customer’s side of the meter.

 

Requirements

•  An adjustment may occur only after all leaks have been repaired and verified with a field check of the meter by City staff. Obtaining a second meter reading may be necessary, within a minimum of two weeks, to verify whether leaks have been repaired and usage has returned to normal.

•  Reasonable efforts to locate the leak and initiate repairs must be taken within 30 days of the City’s or customer’s initial notification of increased usage. Notification may include, but is not limited to, a billing statement, a postcard delivered to the owner or occupant, a courtesy phone call or a notice left at the property. A customer’s notification to

the City would be in the form of a phone conversation or written statement to the Portland Utilities Customer Services. Repairs must be completed within 90 days after the customer was advised of increased usage. Exceptions may be considered for extraordinary circumstances.

 

•  An adjustment may be extended across two billing periods to allow for repairs made during mid-billing cycle. For underground leaks, a sewer volume adjustment can be made over a one-year period if the customer or account notes can verify that a reasonable effort was made to locate the leak. A retroactive sewer volume leak adjustment request for more than one year must be made in writing.

 

•  The customer may be required to provide documentation of repairs made prior to being approved for an adjustment.

 

Water Billing Adjustments

 

An account is eligible to receive one non-sewer affected and one sewer affected courtesy leak adjustment for water usage during a 12-month period.

 

Non-Sewer Affected Leaks: Additional consumption above the corresponding billing period of the previous year will be considered a leak-related loss and will be adjusted based upon the volume during the corresponding billing period of the previous year. If no history is available for comparison, the City will obtain readings to project normal usage. If a projection is not possible, the City will use class averages to bill the customer.

 

Sewer Affected Leaks: Adjusted water usage will be billed based upon usage during the corresponding billing period of the previous year plus 50% of the additional consumption caused by the leak. If no history is available for comparison, the City will obtain readings to project normal usage. If a projection is not possible, the City will use class averages to bill the customer.

 

Sewer Billing Adjustments

 

An account is eligible to receive one sewer affected courtesy leak adjustment during a 12-month period when sewer volume is billed according to actual water consumption. An account is eligible to receive one non-sewer affected adjustment during a 12-month period, with additional requests for non-sewer affected adjustments considered on a case-by-case basis.

Non-sewer affected Leaks

•  Residential: If a leak occurs during the winter average review period, the additional consumption above the corresponding billing period of the previous year will be considered a leak-related loss, and the winter average will be adjusted based upon the volume during the same time period of the previous year. If no history is available for comparison, the

City will obtain readings to project normal usage. If a projection is less than the class average, the City will use class averages to bill the customer. If the leak occurred outside the annual review period, the sewer volume will be billed at the current winter average.

 

•  Commercial: Additional consumption above the corresponding billing period of the previous year will be considered a leak-related loss and will be billed based upon the volume during the corresponding billing period of the previous year. If no history is available for comparison, the City will obtain readings to project normal usage. If a projection is not possible, the City will use class averages to bill the customer.

 

Sewer affected leaks

 

•  Residential: Adjusted sewer volume will be billed based upon the volume during the corresponding billing period of the previous year plus 50% of the additional consumption caused by the leak. If the leak occurred during the winter average review period, the additional consumption billed above the corresponding billing period of the previous year will be considered a leak-related loss and will be adjusted based upon the volume during the corresponding billing period of the previous year. If no history is available for comparison, the City will obtain readings to project normal usage. If a projection is less than the class average, the City will use class averages to bill the customer. If the leak occurred outside the annual review period, the sewer volume will be billed at the current winter average.

 

•  Commercial: Adjusted sewer volume will be billed based upon usage during the corresponding billing period of the previous year plus 50% of the additional consumption caused by the leak. If no history is available for comparison, the City will obtain readings to project normal usage. If a projection is not possible, the City will use class averages to bill the customer.

 

Applicability

 

Water loss due to theft, vandalism or construction damage is not covered under this policy. Resolution of these instances is the responsibility of the customer.

 

Residential customers who have high water use due to seasonal usage (i.e. irrigation, pool or spa fill) during the winter average quarter may be granted a sewer volume and winter average adjustment once every 36 months. The customer service representative should make clear our winter average sewer volume billing methodology and explain why the customer should try to avoid unnecessary water use during the winter average review period. Additional consumption billed above the usage for the same time period of the previous year will be adjusted based upon the volume during the same

time period of the previous year. If no history is available for comparison, the City will obtain readings to project normal usage. If a projection is less than the class average, the City will use class averages to bill the customer.

 

Water loss due to coupling leaks on the property side of the meter will be adjusted based upon the water usage and sewer volume during the same time period of the previous year. If no history is available, the City will obtain meter readings to project normal usage. If a projection is not possible, the City will use class averages to bill the customer.

 

Contact Information

 

Utilities Customer Services Manager

 

Operating Procedure History

 

Adopted by:

Adoption date:

Effective Date:

Revision Date(s):

 

 

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CITY OF PORTLAND

OFFICE OF MANAGEMENT & FINANCE

POLICIES/OPERATING PROCEDURES

UTILITIES CUSTOMER SERVICES

 

OMF - 9.02  COLLECTION OF PERSONAL ACCOUNT INFORMATION POLICY

Authority

 

HB2599, effective July 27, 2005, amended Oregon Public Records Law and allows that certain information that may appear on billing records, including social security and drivers’ license numbers, may be exempted from disclosure.

 

Specifically, the bill amends ORS 192.502 (27) and provides that the “names, dates of birth, driver license numbers, telephone numbers, electronic mail addresses or Social Security numbers” of the City’s water, sewer and storm water customers may be exempt from disclosure unless:

▪  the customer consents in writing or electronically;

▪  the disclosure is necessary for the City to provide services to the customer;

▪  the disclosure is required by a court order; or

▪  disclosure is otherwise required by federal or state law.

 

Purpose

 

The Utilities Customers Services Division of the Revenue Bureau (UCS) values our customer’s right to privacy. UCS will not intentionally share personal customer information unless it is necessary for debt collection purposes. UCS collects Social Security numbers or Drivers License numbers in order to enhance account identification, prevent duplicate customer entries and to enhance collection efforts. If necessary to verify driver license information on a small scale, UCS can use the existing contract with a third party vendor. Collections may increase because the collection agency contracted by UCS will be able to verify customer identification.

 

Objectives

To ensure that the customer understands why the additional information is being requested, UCS will adhere to the procedures laid out in this policy.

 

Procedures

•  Training shall be provided to all Customer Service Representatives so that asking for social security/driver license numbers is automatic and ensures they fulfill the obligation of informing the customer of the purposes for collecting them.

•  The UCS hold message on the phone will be modified to include the statement: “Personal account information will be used for account maintenance and debt collection purposes.”

•   Utilities Customer Services (UCS) will place the purpose for collecting the

information and our privacy policy on its PortlandOnline web site.

•  The following sentence appears on the bill: “Personal account information will be used for account maintenance and debt collection purposes.”

•  One initial mass mailing or bill stuffer will be distributed at the beginning of this program in order to explain the need for the information.

•  The Revenue Bureau shall require all employees to sign new confidentiality statements.

•  Social security and drivers’ license fields are only visible to the customer service staff that performs any type of account maintenance.

•  The City shall not deny service if a customer refuses to provide the information.

Contact Information

 

Utilities Customer Services Manager

 

Operating Procedure History

 

Adopted by:

Adoption date:

Effective Date:

Revision Dates(s):

 

 

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CITY OF PORTLAND

OFFICE OF MANAGEMENT & FINANCE

ADMINISTRATIVE RULE

UTILITIES CUSTOMER SERVICES

 

 

 

ADM-###  WATER QUALITY CREDITS POLICY

  

Authority

The Water Bureau Administrator is authorized to delegate their functions and to adjust customer bills. (City Code Sections 21.04.010 and 21.16.120). City Code Section 3.15.110 authorizes the Utilities Customer Services (UCS) Division of the Revenue Bureau to perform billing and collection services for City water systems and to respond to customer inquiries.

 

Purpose

 

To provide goodwill adjustments to customers who have incurred additional expenses due to dirty water in their homes or businesses.

 

Objectives

To acknowledge that water quality issues may occur temporarily following repair or maintenance to the City’s water mains and to offer customers compensation for minor expenses that may occur as a result.

 

Guidelines

 

•  Customer Service representatives are authorized to provide goodwill adjustments up to $25.00 on the customer’s water bill.

•  Requests for adjustments over $25.00 will be authorized by a supervisor or lead, or referred to Risk Management.

•  Adjustments will be based on the amount the customer claims they incurred. We will rely on the best judgment of our Customer Service representatives in this regard.

•  Adjustments will be made to the next bill.

•  If someone other than the tenant pays the water bill, they will be responsible for working out arrangements with those that do pay the bill.

•  All goodwill adjustments will be noted on the customer’s account.

Applicability

The goodwill adjustment will only be offered when the customer states they have incurred an added expense above and beyond the normal inconvenience.

Contact Information

Utilities Customer Services Manager

Operating Procedure History

Adopted by:

Adoption date:

Effective Date:

Revision Date(s):