City Auditor - City Recorder - City Code - Title 3 - Administration (September 1999 version)

(Amended by Ordinance Nos. 166314 and 170834, effective Jan. 8, 1997.) A regular meeting of the City Council shall be held once a week and will generally be held each Wednesday, commencing at 9:30 a.m., and, as necessary, recessed sessions will be held each Wednesday at 2:00 p.m. and the following Thursday at 2:00 p.m. in the Council Chambers. When either day falls on a legal holiday the meeting shall be held on the next succeeding business day at the same hour unless otherwise directed by Council during a regularly scheduled session not less than two weeks prior to the meeting. Any recessed session may, upon motion adopted by the Council, be held at a place other than the Council Chamber, but the place shall be within the City limits.

Special meetings of the Council may be held at any time upon a request signed by three members of the Council, and on notice thereof given by publication at least once in the City official newspaper at least 24 hours preceding the meeting. A written notice of the time and place of the meeting shall be delivered by the Auditor to each member of the Council at his or her office in the City Hall, not later than 24 hours preceding the meeting.

The Mayor, the President of the Council or any three members of the Council may call an emergency special meeting of the Council under any of the following conditions:

F. An emergency declared by the President of the United States. The requirements contained in this Section for the agenda and for publication and notice of special meetings shall not apply, but the person or persons calling the emergency special meeting shall notify every other available Council member and the City Auditor or Deputy Auditor, and notification to the media and other interested persons is required. The minutes for the meeting shall describe the emergency justifying less than 24 hours notice. The notice must be appropriate to the circumstances. At an emergency special meeting only matters connected with the emergency shall be considered. No emergency special meeting shall be held without the presence of the Auditor, Deputy Auditor or Auditor’s designee who shall act as the clerk of the meeting according to appropriate provisions of the Charter and shall keep a full and complete record of the proceedings. An emergency special meeting shall be deemed to be in session upon the presence of a quorum, and consideration of any ordinance or resolution at an emergency special meeting shall be governed by the appropriate Sections of the Charter. No ordinance or resolution shall be considered at the emergency special meeting unless it is in writing and unless an original copy has been filed with the Auditor before action thereon. An emergency special meeting may be held at a place other than the Council Chambers but shall be open to the public and all provisions of the Charter relating to legislative acts of the Council shall apply to any ordinance passed by the Council at the emergency special meeting.

Members of the City Council may attend and be present at public meetings by means of telephone or other electronic communication allowing voice transmission provided that all the conditions in subsections A-D are fulfilled.

A. An emergency exists such that failure to allow participation of City Council members by electronic communication would jeopardize the public interest, health, safety or welfare.

B. Prior to commencement of the meeting, the Auditor or designate shall make reasonable efforts to notify all City Council members who are expected to be unable to be physically present at the location of the meeting in order to give them an opportunity to participate by electronic communication.

C. At the commencement of the meeting, the Council shall make a record of the circumstances constituting the emergency which requires use of electronic communication and a record of the nature and extent of the attempts made to give each physically absent Council member an opportunity to participate by electronic communication. After making this record, the Council shall give an opportunity to all those physically present at the meeting to state on the record any objection they have to conducting the meeting by electronic communication.

D. Except for an executive session, the Council shall make available at least one place where the public entitled to attend the meeting can listen to the communication at the time it occurs by speakers or other devices. The place provided may be a place where no members of the Council are present. All other requirements of state law and City Code concerning the conduct of meetings by electronic communication shall be met.

A. Notice and Filing of Documents. The City Auditor shall publish in the City Official newspaper, 24 hours before each meeting, a summary of matters to come before the Council at the next meeting. The summary shall be known as the Portland City Council Agenda. Documents for inclusion on the Agenda shall be filed in the Office of the City Auditor before 5:00 p.m. each Thursday preceding the Council meeting except when otherwise required due to the date of a legal holiday. In this event, the Auditor shall give notice to all bureaus of the revised time for filing agenda items.

2. Communications from the public or governmental jurisdictions other than City, hearings, and miscellaneous items,

5. Matters submitted by Order of Council, a Committee of Council or by two or more Council members,

1. The business of the Council on the Consent Agenda shall be presented in the same order as items B.2-6 on the Regular Agenda. The provisions of Section 3.02.036 shall apply to matters on the Consent Agenda.

1. The Auditor’s Office has the discretion to schedule items in a manner making the best use of Council time including consolidating all of the Council’s business into one session. Generally, business items including purchases, contracts, personnel actions, budgetary matters, franchises, claims, nuisances, street vacations, local improvements, permits and similar actions will be presented at the Wednesday 9:30 a.m. meeting.

2. Appeals and hearings of land use matters which require notification under the Planning and Zoning Code will generally be scheduled at the recessed meeting at 2:00 p.m. on Wednesday unless otherwise announced.

3. Licenses, revocation of licenses and other items which require notification will generally be scheduled at the recessed meeting to be held at 2:00 p.m. on Thursday unless otherwise announced.

4. Any item of business which is expected to require considerable testimony and/or Council discussion may be filed for consideration at the Wednesday or Thursday afternoon sessions and may be the only item to be heard, if the Auditor so determines.

5. The Auditor may shift matters listed for presentation on Thursday to the following Wednesday if, due to items being withdrawn, there are insufficient items to merit holding a Thursday session. Notice shall be placed on the council Chamber door stating the reschedule date and time.

6. Matters not appearing on the Agenda may be considered by the Council under suspension of rules at any session.

7. The Auditor shall prepare a supplementary Agenda which shall be designated and known as the Four-Fifths Agenda, which shall contain a summary of matters filed in his or her office not later than 5:00 p.m. on the preceding Tuesday for consideration at either the following Wednesday or recessed Thursday session. All documents filed with the Auditor intended for the Four-Fifths Agenda shall be initialed by four members of the Council or their representatives, as designated in Section 3.02.040, D.2.

8. Matters ordered by the Council to be considered at a special time other than the listed sessions shall be considered at the special time as directed by the Council. Council members may direct that special items be listed for meetings other than those specified above.

1. If the directive portion of an ordinance refers to an exhibit, unless the ordinance directs otherwise, the following language is understood to follow; to wit “said exhibit is by this reference incorporated as if set out verbatim.”

2. Unless the ordinance directs otherwise, the Auditor shall determine when a copy of an exhibit is to be provided with a copy of the ordinance.

B. Appropriation designation. The budget ordinance makes the annual appropriation and defines the level of accounting control. When the directive section of an ordinance includes a reference to an appropriation, the ordinance shall control the appropriation at the same accounting level in the original budget ordinances. These appropriations are subject to the limitations on specific appropriations or types of expenditure stated in the budget ordinance. The designation of an appropriation in an ordinance by subaccount below the level of control may be adjusted administratively without an amending ordinance provided there is no change in the appropriation at the level of control, unless the ordinance directs otherwise.

A. Those who file documents for inclusion on the Council Agenda shall clearly designate such items as “Consent” or “Regular” Agenda. Both the draft and final Council Agenda shall clearly distinguish Consent from Regular Agenda items. The Auditor shall make an appropriate designation if none is assigned.

1. Appeals of land use decisions or other land use matters requiring a hearing under City Charter or State law;

3. Any matter requested to be placed on the regular agenda at the time of filing with the Auditor.

C. The Consent Agenda shall be positioned in the Council Agenda in accordance with Section 3.02.030.

D. An item designated for the Consent Agenda may be removed from the Consent Agenda by a Council member or any individual prior to Council vote on the Consent Agenda. The request may be in either written or verbal form. When removed, items shall be considered individually at the end of the Consent Agenda at the same Council meeting. A request to pull an item from Consent shall be made to the City Auditor prior to the beginning of the Council meeting, or presented verbally at the Council meeting.

E. At any meeting at which there is a Consent Agenda, the ayes and nays shall be taken upon the passage of all items on the Consent Agenda by a single Council vote. It shall not be necessary that there be a reading of the titles or the effect of the items on a Consent Agenda. Items on a Consent Agenda shall not be subject to amendment or debate. Consideration of the Consent Agenda requires at least four Council members to be present and voting. Action on the Consent Agenda shall require a unanimous vote of all Council members present.

A. Any Council member, the City Auditor, City Attorney, City Purchasing Agent, Hearings Officer, City Planning Commission, and any other City appointed board or commission filing an item with the City Auditor for City Council consideration may designate the item as “time certain.”

B. A request for time certain designation shall be made in writing to the City Auditor at least 4 days prior to the filing deadline for the regular Council agenda items; or by verbal request by the City Council or member thereof at any time prior to City Council action on a particular item. The request shall include an estimate of time to be devoted to the particular item.

C. The City Auditor shall schedule the item for hearing before the City Council and inform the office requesting the time certain designation.

D. Both the draft and final Council Agenda shall clearly distinguish time certain items from all other items.

E. At the beginning of each Council meeting the City Auditor shall inform the Council of any time certain item on the Council Agenda.

(Amended by Ordinance Nos. 162784, 165402, 166075, 166314, and 170834, effective Jan. 8, 1997.)

1. These rules are a combination of some provisions from the City of Portland Charter and of the Council Rules. These rules are adopted pursuant to PC 2-111.

2. Non Charter provisions adopted under this section may be suspended or repealed as provided by PCC 3.02.040 I 7. The Charter provision may not be suspended or repealed except by a vote of the people.

3. “Robert’s Rules of Order Newly Revised” shall be considered authority in deciding any questions arising on points of order not covered by these rules.

1. Three members of the Council shall constitute a quorum. A quorum shall be required to conduct official City business except that less than a quorum may:

2. In the event a quorum is not present, the members present shall adjourn to some fixed time.

3. The City Auditor is authorized to indicate for the record when a Council meeting has been cancelled for lack of a quorum, and at that time shall identify for the record the date and time when any items scheduled for the cancelled agenda shall be considered. Notice of the rescheduled date and time shall be placed on the Council Chamber door.

1. The Mayor shall preside over all meetings, except in the Mayor’s absence the President of the Council shall preside.

2. When a quorum is present, but the Mayor and President of the Council are absent, the following procedures shall be used:

a. The member present who most recently served as President of the Council shall serve as President pro tempore; or,

b. The duties of President pro tempore shall be assumed by the Council member holding the position with the lowest number if no member present has served formerly as President of the Council.

1. Ordinances, resolutions and reports shall be introduced by the Council, a committee of the Council, a member of the Council or the City Auditor.

2. A matter placed on the Four-Fifths agenda shall be approved for placement on the agenda by at least four Council members each of whom will be present when the matter is considered.

3. Time certain items shall be placed on the agenda as provided by PCC 3.02.037 and shall be considered as close to the designated time as possible.

4. Items on the regular agenda shall be considered in the numerical order listed except the order of the agenda may be changed by a majority vote of the Council.

5. All questions relating to the priority of business shall be decided without debate by a majority vote.

a. A request to postpone the scheduled date of a quasi-judicial land use hearing before Council must be made in writing and filed with the City Auditor at least seven (7) days before the scheduled hearing date. The Council will not consider or grant any request to postpone such a hearing that is filed less than seven (7) days before the scheduled hearing date unless:

(2) The Council finds circumstances exist that justify the late filing of a written request for a postponement and that failing to postpone the hearing will result in substantial prejudice to a party’s interests.

b. The exception in subsection (a) is available only when the applicant and appellant are different persons or entities.

c. The Council makes the final determination as to whether the person requesting the postponement under subsection 6 a (2) has adequately shown that circumstances exist justifying a postponement. Persons relying on this exception to request a postponement should be prepared to proceed with a scheduled appeal hearing in the event the Council denies the request for a postponement.

(1) Examples of circumstances that potentially qualify as circumstances justifying a postponement less than seven days before the scheduled hearing date under subsection 6 a (2) include:

(b) Illness or hospitalization of the person requesting the postponement, the applicant or the appellant, or a member of such person’s family;

(d) Unavoidable scheduling conflict not known in advance (such as a conflicting court date or hearing date before another hearings body).

2. The symbol “*” shall precede the Agenda number of each emergency ordinance. Ordinances passed to second reading and continued matters shall specify the Agenda number under which the item was most recently listed.

3. Agenda communications shall be handled by the Council Member assigned such business by the Mayor unless otherwise directed by the Mayor.

4. The Commissioner in charge shall report on matters in their assigned bureau and shall:

b. Sign the report, however, the report may be signed by an authorized administrative assistant.

5. A request from the public to address Council shall be in writing, be signed by the requester and be in a form which states: 1) the nature of the request; 2) the reason for the request and 3) the requester’s name, address and phone number. The Clerk will notify the requester of the date it will be considered by Council; the request will normally be placed at the end of the Regular Agenda at the Wednesday morning session. The requester will be given three minutes to testify but may also submit written materials before or at the meeting.

a. Signed by the Commissioner in Charge or the City Auditor or a designee for whom an authorization has been filed with the City Attorney.

b. Approved by the City Attorney in the case of contracts, amendments to contracts, easements, Code changes, Charter amendments and Comprehensive Plan amendments.

b. Name who is to speak first when two or more members address the presiding officer at the same time;

c. Limit discussion by Council members so that no member speaks more than once on an agenda item until every other member choosing to speak has spoken unless the requested speech is necessary for others to understand the issue being considered; and,

d. Decide all questions by Order subject to an appeal to the Council as a whole by any two members.

a. A non-emergency ordinance shall have two public readings of its title or the effect of the ordinance.

b. Except as provided in the Charter for ordinances approving a franchise, at least five days shall elapse between the introduction and final passage of an ordinance, and no ordinance shall be amended within five days of its final passage.

a. An emergency ordinance shall have one public reading of its title or the effect of the ordinance.

b. An emergency ordinance may be enacted upon the date of its introduction provided that:

(2) It specifies with distinctness the facts or reasons constituting the emergency.

a. A resolution shall have one public reading of its title or the effect of the resolution.

a. The Commissioner in charge shall have the privilege to speak first on the matter under consideration.

b. Public testimony shall be limited to the first reading of any type of ordinance unless otherwise stated on the record by the Presiding Officer at the end of the public testimony on the first reading.

a. The presiding officer shall determine whether public testimony shall be received and the amount of time which shall be allotted to each person.

6. Public testimony will be allowed on the first reading of an item for three minutes per person unless time limits have been otherwise specified.

7. Council members shall confine themselves to the question in debate, shall avoid personalities and shall address the presiding officer before speaking.

8. A Council member called to order by the presiding officer shall immediately cease speaking unless permitted to explain by the presiding officer. The member may ask the Council to rule on the question of being able to continue with speech, but there shall be no debate. Three affirmative votes shall be required to overrule the presiding officer.

1. All motions shall be distinctly worded, and the individual vote on each motion shall be recorded.

2. No motion shall be received when a question is under debate except for the following:

3. Motions set forth in PCC 3.02.040 H 2 shall have the following priority; PCC 3.02.040 H 2 a shall have the highest priority and f the lowest. A demand for a roll call shall not abrogate the right to make any of the motions in accordance with the priorities.

4. No motion shall be considered unless it is seconded and once a motion is seconded:

5. A motion may be withdrawn by the mover at any time before an amendment is made to it or if no amendment is made, before a vote is taken on it.

6. A Council member may have a motion divided which contains several elements, but the mover shall have the right to designate upon which element the vote shall first be taken.

7. A motion to call the previous question shall preclude all amendments and debate on the main question until it is decided.

8. A motion to lay a matter on the table shall be decided without debate. A matter on the table may be considered at any regular, recessed, or special meeting of the Council except that Four-Fifths agenda items require a vote as provided in PCC 3.02.040 I 7.

9. The presiding officer shall allow sufficient time for an amendment before ordering the roll to be called. No amendments shall be considered during the roll call, but a Council Member may explain succinctly the reasons for the vote.

a. An Ordinance Involving a Fee Matter. An ordinance involving a fee matter is an ordinance which approves, approves with conditions or denies a request for which a fee has been paid. Three affirmative votes shall be required to pass an ordinance involving a fee matter. In the event there is a tie vote, the matter shall be continued to the next regular agenda or to such other times as the Council may direct.

b. An Ordinance Not Involving a Fee Matter. Three affirmative votes shall be required to pass a non-emergency ordinance which does not involve a fee matter. In the event there is a tie vote, the matter shall fail.

2. Emergency Ordinances. The unanimous vote of all members present and no less than four members shall be required to pass an emergency ordinance.

4. Land Use Planning Orders. Three affirmative votes shall be required to deny or affirm an appeal of a quasi-judicial matter before the Council and to adopt the findings, conclusion and order.

5. Consent Agenda. The unanimous vote of all members of the Council present and no less than four members shall be required to approve the matters on the consent calendar.

6. Reports. Three affirmative votes shall be required if approval or acceptance of a report is requested. No vote shall be required on reports of an informative nature which request no Council action; they will be placed on file or filed for no further consideration.

a. Three affirmative votes shall be required to pass a matter on the Four-Fifths Calendar.

b. A Four-Fifths matter laid on the table may not be taken up at the same meeting without a Four-Fifths vote, but it may be taken up at a subsequent meeting by a majority vote.

8. Suspension of Rules. Four affirmative votes shall be required to suspend or rescind a rule contained in this Chapter, however, rules in this Chapter which also appear in the Charter shall not be suspended or rescinded.

9. Exceptions. The requirement of three affirmative votes shall not apply to a motion to adjourn or recess or to compel the attendance of absent members. It shall require an affirmative vote of a majority of the Council Members present.

10. Ordinance Granting Franchise. Four affirmative votes shall be required to pass an ordinance granting a franchise.

11. Recordation of Vote. The minutes shall include the results of all votes.

1. It shall be in order for any member who voted with the prevailing side to move for reconsideration. Any member may second the motion. No motion shall be made more than once.

2. No motion for reconsideration shall be made after the ordinance, resolution or act has gone out of the possession of the Council. The motion shall be made before the final adjournment of the meeting when the item goes out of possession of the Council.

3. The prevailing side in a motion to remove the emergency clause from an emergency ordinance is the side which prevented the emergency ordinance from being enacted.

1. The following ordinances shall take effect immediately upon the passage or at any specified date less than thirty days after passage.

2. A non-emergency ordinance except as provided in PCC 3.02.040 K 1 a and b and the Charter for an ordinance granting a franchise shall take effect thirty days after passage unless a later date is fixed on the ordinance in which event it shall take effect at the later date. The filing of a referendum petition shall suspend the effective date of the ordinance.

3. A resolution shall become effective upon adoption unless otherwise stated in the resolution.

1. At any time within ten days after the passage of any ordinance which does not take effect immediately, any member of the Council may file, in writing, objections to the ordinance, which shall be considered and voted by the Council at its next regular meeting.

2. If a majority vote to sustain the objections, the ordinance shall be deemed repealed and shall not take effect unless again passed in the same manner as a new ordinance.

1. The Mayor shall make all appointments to Committees unless otherwise ordered by the Council or otherwise provided by Charter or Code.

1. A motion to adjourn shall require an affirmative vote of a majority of the Council Members present and shall be decided without debate.

2. When a motion to adjourn has been put to a vote, and it has failed, it shall not be considered again until some other business has been considered.

For the purpose of compelling the attendance of witnesses or the production of books, documents or other evidence as authorized by the Charter, the Mayor, or the Auditor when directed by the Council or by a committee duly authorized thereto, may cause a subpoena to be issued under his hand and the seal of the City and may cause the subpoena to be served by a police officer. The manner of service and the witness fees and mileage to be paid shall be the same as are now or as may be prescribed by State law for witnesses in the Circuit Court of the State for Multnomah County. It is unlawful for any person so attend at the proper time and place and to bring with him or her such book or books document or documents, or other objects mentioned in the subpoena, or, having done so, to refuse or neglect to answer such questions as may be applicable to the matter under investigation or to exhibit such portions of such book or books, document or documents, or other thing as may pertain thereto; provided, that such witness shall not be required to answer any question or to act in violation of his rights under the constitutions of the State or of the United States.

A. The Audit Services Division is hereby created within the City Auditor’s Office, answerable directly to the City Auditor in accordance with City Charter.

B. The Audit Services Division will adhere to generally accepted government auditing standards in conducting its work and will be considered independent as defined by those standards.

C. If the Audit Services Division conducts an audit of an activity for which the City Auditor is or was responsible, the audit scope will state that the auditors are not organizationally independent with regard to the entity being audited.

A. The Auditor shall conduct financial and performance audits of all bureaus, offices, boards, activities, functions and agencies of the City of Portland to independently determine whether:

1. Activities and programs being implemented have been authorized by City Charter or Code, state law or applicable federal law or regulations;

2. Activities and programs are being conducted in a manner contemplated to accomplish the objectives intended by City Charter or Code, state law or applicable federal law or regulations;

3. The activities or programs efficiently and effectively serve the purpose intended by City Charter, Code, state law or applicable federal law or regulations;

4. Activities and programs are being conducted and funds expended in compliance with applicable laws;

6. Resources, including funds, property and personnel, are adequately safeguarded, controlled and used in a faithful, effective and efficient manner;

7. Financial and other reports are being provided that disclose fairly and fully all information that is required by law, that is necessary to ascertain the nature and scope of programs and activities and that is necessary to establish a proper basis for evaluating the programs and activities;

8. There are adequate operating and administrative procedures and practices, systems or accounting internal control systems and internal management controls which have been established by management; or

9. Indications of fraud, abuse or illegal acts are identified for further investigation.

B. Audits shall be conducted in accordance with Government Auditing Standards for financial and performance audits issued by the Comptroller General of the United States.

A. By the beginning of each fiscal year, the Auditor shall submit an annual audit plan to Council for review and comment. The plan shall include the bureaus, offices, boards, activities, functions and agencies scheduled for audit during the year. This plan may be amended during the year after review with Council members affected by the change. Additionally, the Auditor may spontaneously initiate and conduct any other audit deemed necessary to undertake.

B. In accordance with independence provisions of generally accepted government auditing standards, the authority for selection of audit areas shall reside solely with the City Auditor.

A. Council members may request that the Auditor perform special audits that are not included in the annual audit plan. After consultation with Council members whose work would need to be postponed, special audits may become amendments to the annual audit plan.

B. Special audit reports will be handled the same as regular audit reports, except that in personnel matters of a confidential nature, reporting of results may be limited to the Commissioner in Charge and the Mayor.

All officers and employees of the City of Portland shall furnish the Auditor with requested information and records within their custody regarding powers, duties, activities, organization, property, financial transactions and methods of business required to conduct an audit or otherwise perform audit duties. In addition, they shall provide access for the Auditor to inspect all property, equipment and facilities within their custody. If such officers or employees fail to produce the aforementioned information, then the Auditor, subject to Council approval, may, without fee, cause a search to be made and exhibits to be taken from any book, paper or record of any such official or employee, excepting personal information, and every office having the custody of such records shall make a search and forward such requested exhibits to the Auditor.

A final draft of each audit report will be forwarded to the audited bureau and the Commissioner in Charge for review and comment before it is released. The bureau must respond in writing specifying agreement with audit findings and recommendations or reasons for disagreement with findings and/or recommendations, plans for implementing solutions to identified problems and a timetable to complete such activities. The response must be forwarded to the Auditor within the time frame specified by the Auditor. The Auditor will include the full text of bureau and Commissioner responses in the report.

B. Reports are to be issued promptly so as to make information available for timely use by Council, management and other interested parties.

C. The Auditor will submit each audit report to the Council and will retain a copy in his/her office as a permanent record.

D. If appropriate, the audit report shall contain the professional opinion of the Auditor or the contract auditor concerning the financial statements issued by the bureau, board or agency or if the audit is a performance audit, the report will contain the professional conclusions of the audit regarding the management activities audited.

1. A statement of audit objectives and a description of the audit scope and methodology;

2. A statement that the audit was performed in accordance with generally accepted government auditing standards;

3. A description of all significant instances of non-compliance and abuse and all instances of illegal acts found during or in connection with the audit;

4. A full discussion of audit findings and conclusions, including the cause of problem areas and recommendations for necessary or desirable action;

5. A statement of all significant management controls that were assessed and any significant weaknesses found;

6. Pertinent views of responsible officials concerning audit findings, conclusions and recommendations;

If the Auditor detects apparent violations of law or apparent instances of malfeasance or nonfeasance by an officer or employee or information that indicates derelictions may be reasonably anticipated, the Auditor shall report the irregularities to the Commissioner in Charge and the Mayor. If the irregularity is criminal in nature, the Auditor shall immediately notify the City Attorney and the District Attorney in addition to those previously cited.

Within budget limitations, the Audit Services Division may obtain the services of certified public accountants, qualified management consultants, or other professional experts necessary to perform audit services. An audit that is performed by contract must be conducted by persons who have no financial interests in the affairs of the governmental unit or its officers. The Auditor’s Audit Services Division will coordinate and monitor auditing performed by public accounting or other organizations employed under contract by the City of Portland to assist with audit related activities.

In choosing the outside independent auditors to conduct the City’s annual financial statement audit, the Auditor will convene a committee of at least three City bureau managers, including the Auditor or his/her representative to prepare a request for proposal and to screen applicants. The Auditor’s selection of a certified public accounting firm for the annual financial audit must be approved by Council. Normally, this contract will be for a three to five year period.

The Audit Services Division of the City Auditor’s Office shall be subject to peer review at least once every three years by a professional, non-partisan objective group utilizing guidelines adopted by the National Association of Local Government Auditors. The review will evaluate compliance with generally accepted government auditing standards. A copy of the written report of any such independent review shall be furnished to each member of the City Council.

The administrative service of the City shall be divided into the following executive departments:

The various functions and activities of the government of the City shall be assigned to bureaus, divisions, or other administrative units as herein provided by ordinance from time to time. The bureaus and activities assigned thereto shall be distributed to the departments by order of the Mayor.

(Added by Ordinance No. 135664, effective Dec. 6, 1972.) Unless specifically provided otherwise by ordinance, in the absence because of illness, disability, vacation or leave of absence, and upon resignation, retirement or discharge, of the chief of any bureau or office, whose duties are general by virtue of that position, his chief assistant or deputy shall serve as acting chief and perform the duties of chief without additional compensation, until the Council, the Commissioner In Charge or the superior official in charge directs assigns or otherwise or a permanent successor is designated and takes office.

(Amended by Ordinance No. 158556, effective June 4, 1986.) The Treasury Division of the Office of Fiscal Administration shall consist of the City Treasurer, Deputy Treasurer, and such employees as the Council may provide.

The salary of the City Treasurer shall be fixed by ordinance and payable out of the General Fund in the same manner and at the same time as other salaries are paid. A surety bond, payable to the City of Portland, in the sum of $200,000 shall secure the faithful performance of City Treasurer duties.

(Amended by Ordinance No. 158556, effective June 4, 1986.) Except as provided in this Chapter, the sole duty of the City Treasurer shall be the investment of all City funds in accordance with all statutes relating to investment of public funds, and in accordance with the City’s current investment policy.

(Amended by Ordinance Nos. 158556 and 173369, effective May 12, 1999.) The Deputy Treasurer shall be responsible for all operations and functions of the Treasury, excluding the investment function. These operations shall consist of ensuring that checking accounts, trustee accounts, and cash are balanced each day; the redemption of City checks, bonds, and coupons; monitoring all receipts and disbursements for proper documentation; supervise the internal audit of all transactions that affect the Treasury Division each day; maintain proper controls over all cash and securities on hand; provide the City Auditor with daily receipts for payments against Open or Bonded Liens; direct the reconciliation of all bank and trustee accounts; and review all internal expenditures to ensure compliance with budgetary guidelines.

(Amended by Ordinance No. 158556, effective June 4, 1986.) The Treasurer shall have the authority to open or close bank accounts in the name of the City. The Treasurer shall make disposition of City deposits in such a manner as found by the Treasurer to be in the City’s best financial interests. City funds in any bank are in the custody of the City Treasurer as required by law. The Treasurer shall be authorized to enter into deposit agreements as may be agreed upon with the bank. Each bank shall be authorized to accept City funds for deposit to any such accounts when tendered by any person without obligation to ascertain that the funds are being deposited in the proper account. The City Treasurer shall furnish each bank at which an account is maintained, a written statement naming the person or persons authorized to withdraw funds from such account, declaring the persons named therein are either the Deputy Treasurer or an authorized assistant in the Treasury Division and certifying the signatures of the persons so named. Each bank should be authorized to honor withdrawals by the City Treasurer or by the person or persons named in such statement until written notice of cancellation or change is delivered to and received by the bank at which the account affected is maintained. In the event of the termination of services or death of the City Treasurer, the Deputy Treasurer shall make a record showing the time of termination and give notice to the banks maintaining a City account. The new City Treasurer shall be responsible for all monies received and disbursed after such time except that outstanding checks may be paid in due course and charged against the proper bank account. Each new City Treasurer shall promptly make a check with each bank in which City funds are deposited and ascertain the exact balance and make sure rectification as may be needed because of outstanding checks. Each new City Treasurer shall have and exercise all of the authority of his/her predecessor and may execute any new banking agreements.

In the event of bank failure or bankruptcy and when deposits have been made as provided herein or authorized by law of the Charter, the Treasurer shall be exempt from all liability for loss of deposits, or bankruptcy or other acts of the bank or bankers to the extent and amount of such deposits.

If the Council deems the securities pledged by any bank insufficient and inadequate security for the City deposits with such bank, other or additional securities to be given by such bank shall be requested and require approval by the Council. If such bank fails to furnish such securities promptly, the Treasurer at once shall withdraw all deposits from such bank and such bank shall cease to be a depository of the City funds. To be reinstated as a depository of City funds requires that the bank deposit securities deemed satisfactory by a vote of the Council.

Any officer or agent of this City or other person who shall receive or have possession of any money belonging to the City shall immediately pay the same to the Treasurer who shall receipt the money. Failure to pay to the Treasurer any money received within 48 hours shall be deemed sufficient cause for removal in the absence of excusable failure.

(Amended by Ordinance No. 165112, effective Feb. 26, 1992.) The Office of the City Attorney shall consist of the City Attorney and such subordinate employees as the Council may provide. The deputies of the City Attorney shall be appointed by the City Attorney in writing and shall continue in service during the City Attorney’s pleasure. In the event of a vacancy in the position of the City Attorney, the deputies shall continue in office with a Chief Deputy serving as acting City Attorney until such time as the Council appoints a new City Attorney.

(Amended by Ordinance Nos. 156711, and 165112, effective Feb. 26, 1992.) The City Attorney shall have the following duties:

A. Appear for, represent, and defend the City, and its boards, commissions, bureaus, officers, employees and persons entitled to representation under the Oregon Tort Claims Act in all appropriate legal forums and matters. However, other than as required by the Tort Claims Act, the City Attorney shall not represent individuals in their personal capacity and shall not represent individuals who, after investigation by the Bureau of Risk Management, are found by the Bureau to have acted outside the scope of their employment or duties or to have committed malfeasance in office or willful or wanton neglect of duty. If the City Charter specifically authorizes a commission to retain or employ its own special legal counsel, then the City Attorney shall not be responsible for representing such commission on matters assigned by the commission to its special legal counsel;

B. Review and approve as to form all written contracts, bonds, or other legally binding instruments to which the City is a party. It shall be the responsibility of the City officials or employees who prepare such documents to submit the documents to the City Attorney for review;

C. Give legal advice and opinions orally and in writing and prepare legal documents and ordinances for the Mayor, any Council member, the City Council, or any board, bureau, committee, commission, or agency of the City;

D. Periodically submit to Council reports summarizing the amount, type, and cost of legal services required by the City in the proceeding year and highlighting significant legal cases and trends involving the City;

E. Seek to ensure that City employees comply with legal and ethical requirements of public employment by providing advice, direction and opinions

F. Seek to prevent legal problems for the City by training, directing and educating City employees about legal issues;

G. Institute legal proceedings for the City in any court or tribunal on direction by resolution of the Council, except that the City Attorney may upon approval of the Commissioner In Charge and for good cause shown seek enforcement of any regulation or license requirement including the payment of any fee, penalty, or interest, established by Charter, Code, ordinance, or statute, and collection of any account receivable and may assert a counterclaim, a cross-claim, or a third party claim. The City Attorney may institute appeals on behalf of the City for enforcement of regulations or license requirements including such payments established by Charter, Code, ordinance, or statute, and for collection of any account receivable, and may appeal in any case in which the opposing side first has appealed, as the City Attorney deems advisable. The City Attorney shall institute other appeals on direction by resolution of the Council. The City Attorney may also upon approval of the Commissioner In Charge and for good cause shown file in the appropriate forum a purpose the original or duplicate copies of complaint for interpleader whenever the City shall come into possession of property in which it has no claim and on which multiple claims have been made by other parties.

(Amended by Ordinance No. 165112, effective Feb. 26, 1992.) The position of Chief Deputy City Attorney is hereby created and the City Attorney is authorized, from time to time to appoint one or more deputies to such positions and designate one Chief Deputy to be in charge of the Office in the absence of the City Attorney.

(Amended by Ordinance No. 165112, effective Feb. 26, 1992.) The City Attorney shall have charge and custody of the Office of the City Attorney and of all legal papers pertaining thereto.

A. The relationship between the Office of City Attorney and the City shall be an attorney-client relationship, with the City being entitled to all benefits thereof.

B. Correspondence between the City Attorney and others in the City and the opinions and advice provided by the City Attorney to the City or to any City department, official, or employee are privileged attorney-client communications.

C. In suits, actions, or other proceedings in which the City Attorney, with the concurrence of the Bureau of Risk Management, accepts the defense of a City official, employee, or other person pursuant to the requirements of the Oregon Tort Claims Act, the relationship between the Office of the City Attorney, and the official, employee, or other person shall be an attorney-client relationship, with the official, employee, or other person being entitled to all the benefits thereof regarding the subject matter of the suit, action, or proceeding.

A. As the City Attorney deems advisable, after consultation with the affected bureau, if appropriate, in cases of suits, actions, or proceedings seeking enforcement of any regulation or license requirement including payment of any fee, penalty, or interest, established by the Charter, Code, ordinance, or statute, and collection of any account receivable;

B. With the written approval of the Commissioner In Charge, in cases of any other suits, actions, or proceedings except for settlements requiring payment by the City in excess of $5,000; and

C. With the approval by ordinance of the Council in cases of suits, actions, or proceedings requiring payment by the City in excess of $5,000.

(Amended by Ordinance No. 165112, effective Feb. 26, 1992.) The City Attorney is authorized to waive on behalf of the City potential conflicts of interest of private legal counsel retained by the City if the City Attorney determines the waiver to be in the City’s interest.

(Amended by Ordinance No. 161502, effective Dec. 22, 1988.) The Portland Office of Transportation shall be under the direction and control of the Director of Transportation. The Director shall be responsible for the overall coordination and management of the bureaus of the Portland Office of Transportation to assure the goals of the City Council are met and the mission and goals of the Portland Office of Transportation are achieved. This includes responsibility for productivity, responsiveness and effectiveness of the services and programs of the Portland Office of Transportation. The Portland Office of Transportation shall be charged with the responsibility for the finance, operation, maintenance and improvement of the transportation system and shall be made up of the bureaus, under the direction and control of the Director, as set forth in this Chapter. The City Engineer shall be a Bureau Manager within the Portland Office of Transportation, but shall perform the required duties of the position* as direct staff support to the Director.

(Amended by Ordinance Nos. 157534, 165594 and 173627, effective August 4, 1999.) The Bureau of Transportation System Management shall be supervised by a director and shall include a professional engineer referred to in this Code as the City Traffic Engineer and such other employees as the Council may provide. This Bureau shall be responsible for the engineering, design, construction and operation of the City’s traffic control and street lighting systems and for minimizing the barriers to realizing a safe and efficient multi-modal transportation system.

(Amended by Ordinance No. 173627, effective August 4, 1999.) The Bureau of Transportation Engineering and Development shall be supervised by a Professional Engineer and shall include such other employees as the Council may provide. This Bureau shall be responsible for the engineering, design and construction of the City’s transportation facilities.

The Bureau of Maintenance shall be supervised by a Director or a Professional Engineer and shall include such other employees as the Council may provide. This Bureau shall be responsible for the maintenance and repair of streets, sewers, sidewalks, bridges, structures, traffic control systems, street cleaning and the administration of the public works stock.

(Added by Ordinance No. 161502, effective Dec. 22, 1988.) The Office of Transportation Director shall be supervised by the Director of Transportation and shall include such other employees as the Council may provide. The office of Transportation Director shall be responsible for transportation planning, financial planning, transportation revenue development, financial management and administrative services for the Portland Office of Transportation.

(Amended by Ordinance Nos. 163823 and 168321, effective Dec. 30, 1994.) The purpose of this Chapter is to describe the organization, and mission of the Bureau of Environmental Services. This Bureau of Environmental Service, created by Ordinance in 1983, is committed to the proper management, protection, and where practicable enhancement of our natural resources.

(Amended by Ordinance No. 168321, effective Dec. 30, 1994.) The Bureau is administered by the Commissioner of Public Utilities and led by the Director of Environmental Services. The Director works with Group Managers and their staff in pursuit of the mission. The organizational structure of the Bureau shall be determined by the Director of the Bureau after consultation with the Commissioner of the Public Utilities. The Bureau the Environmental Services is responsible for design, construction, operation and maintenance of the sanitary and storm water collection and transport systems, solid waste management, and watershed.

(Amended by Ordinance No. 168321, effective Dec. 30, 1994.) The Bureau of Environmental Services serves the community by protecting public health, water quality and the environment. The achieve this, the Bureau:

B. Provides sewage and stormwater services to accommodate current and future needs; and

C. Manages solid waste collection, recycling, and the promotion of waste reduction.

The Office of Fiscal Administration, under the direct supervision of the Director of Fiscal Administration, shall coordinate the operation of financial and budget activities of City government. The Director of Fiscal Administration shall perform the duties of the positions referred to in Oregon Revised Statutes as Budget Officer. The Office of Fiscal Administration shall have the following divisions:

A. Accounting Division. The Accounting Division, under the direct supervision of the Accounting Division Manager, shall keep the accounts of the finances of City government; shall develop, implement, operate and maintain accounting and financial management systems, including accounts payable, payroll, general ledger, accounts receivable, project reporting, fixed assets and others necessary for maintaining an accurate accounting of the City’s financial records; shall provide data entry services for record input to the City’s financial systems and other data processing systems; shall provide analysis and interpretation of accounting information for use by various departments and bureaus in the City; shall provide cash projections and fund status information necessary in selling debt instruments; shall prepare the annual financial report in conformance with generally accepted accounting principles; shall develop necessary systems of internal controls to protect City assets; shall periodically transmit records of all accounts and contracts of the City, its debts, revenues, and other financial affairs to the City Auditor; and shall have jurisdiction and authority over the care and keeping of all property records of the City. It shall maintain a complete inventory containing a description and data with reference to original costs and value of all City property together with the locations and use of all such property. It shall keep in like manner a supplemental inventory which shall include properties in the possession of the City as a result of “match fund” acquisition or in the possession of the City on a loan basis.

B. Budget Division. The Budget Division, under the direct supervision of the Budget Division Manager, shall establish standard procedures for preparation, presentation, administration and appraisal of the budget; shall be responsible for long-range debt management; shall be responsible for financial systems analysis and procedures; shall keep the public officials apprised of the fiscal condition of the City; shall prepare management studies and cost-benefit evaluations; shall participate in revenue research; and shall represent the fiscal interests of the City before various public agencies and other groups.

C. Grants and Contracts Division. The Grants and Contracts Division, under the direct supervision of the Grants and Contracts Division Manager, shall ensure timely and accurate accounting of all grant funds by providing technical assistance to grantee bureaus, central grant expenditure and revenue tracking, and audit resolution coordination; shall provide City-wide support services relating to state and federal contracting requirements; and shall work to increase the utilization of minorities and women employed by businesses contracting with the City.

D. Urban Services Division. The Urban Services Division, under the direct supervision of the Urban Services Manager, shall be responsible for overseeing implementation of the City’s Urban Services Policy.

E. Treasury Division. The Treasury Division shall be under the direct supervision of the Treasury Division Manager who shall perform the duties of the position referred to in the Charter as City Treasurer. The Treasury Division shall be the custodian of all City bonds, checks or other securities; shall receive, keep and invest City monies that come to the City by taxation or otherwise; and shall pay out City monies as provided by ordinance.

F. Revenue and Policy Analysis Division. The Revenue and Policy Analysis Division shall be under the direct supervision of the Revenue and Policy Analysis Manager. The Division shall have responsibility at the fund level for financial planning and monitoring; for recommending appropriate fund reserve levels to maintain fiscal stability; for revenue and expenditure projections; for recommending revenue raising or decreasing measures; for computing tax levies; for coordinating and assisting in the preparation of fiscal and economic aspects of labor negotiations; for analyzing the fiscal impact of local, state and federal legislation; for conducting special studies related to the fiscal stability of City finances; and for maintaining a data base on City demographics and service delivery; shall provide data and survey research analysis for use by various departments and bureaus in the City; and shall supply the public with neighborhood data and technical assistance.

The Bureau of Personnel, under the direct supervision of the Personnel Director, shall coordinate and control all administrative and technical activities relating to maintenance of a comprehensive personnel system for the City, including the implementation of personnel policies, benefits and salary compensation plans, training and education programs, monitoring of the Affirmative Action Plan and representation of the City in labor contract negotiations. The Director is also authorized to serve as the Civil Service Board Secretary, if appointed to that position by the Board under Section 4-103 of the City Charter. The salary of the Director shall be reduced by an amount equal to that payable to the Civil Service Board Secretary, if the Director so serves.

A. The Personnel Director or designee(s) is the official interpreter for the City pertaining to its collective bargaining agreements and any other written compensation and benefits plans and personnel policies established by the Council.

1. The Commissioner-In-Charge of a bureau shall retain the right to hear individual grievances and or concerns on a case by case basis. In settling such grievances and or concerns, the Commissioner-In-Charge shall do so with the advice and consent of the City Attorney and the Personnel Director.

2. If the Commissioner-In-Charge of a bureau does not retain jurisdiction of a grievance and or a concern within one week of receiving the issues, then the Personnel Director shall automatically have jurisdiction to settle the issue.

1. Within 1 day following the filing of a written grievance under a collective bargaining agreement, or other written personnel policy adopted by Council, the bureau or department recipient of the grievance shall provide a copy to the Personnel Director of the written grievance or other appeals document. During the investigation of grievances the Personnel Director or designee(s) shall be an agent of the Office of the City Attorney for purposes of representing the City.

2. Where a grievance or complaint by a nonrepresented employee or settlement thereof would require payment of a claim for wages or other monetary benefit, the supervisor, division head or bureau head responding to the grievance shall confer with the Personnel Director or his or her designee before any promise is made to accept or adjust the claim in settlement.

3. Where the claim is for wages or other monetary benefit not exceeding $5,000 per claimant, the supervisor, division head or bureau head, with the approval of the Commissioner-In-Charge of the bureau and of the Personnel Director may accept or adjust the claim in settlement on behalf of the City, where settlement is deemed prudent and appropriate, provided that:

a. The Personnel Director authorizes the settlement in writing and gives written notice to the payroll division or to the benefits program manager involved to draw and issue a check not exceeding $5,000 per claim for the settlement expense, charged to the appropriate center code, account number or fund;

b. Payments which are an exception to Section 5.08.020 of the Code, which requires payroll checks to be drawn only for services rendered, shall be made only when the Personnel Director determines such payment to be in the best interests of the City and the Office of the City Attorney approves. This Section shall be narrowly applied.

c. The Office of the City Attorney reviews and approves the settlement agreement as being not in conflict with State or federal laws, applicable ordinances, and collective bargaining agreements pertaining to conditions of employment.

4. Where a settlement agreement provides for payment of claims for back wages or other monetary benefit in an amount exceeding $5,000, the settlement shall not be authorized or enforceable unless approved by the City Council by ordinance.

5. The Director of the Office of Finance and Administration or designee is authorized to investigate informal reports of employment discrimination, in accordance with Section 3.53 E. where applicable. During the investigation of reports, the Director of the Office of Finance and Administration or designee(s) shall be an agent of the Office of the City Attorney for purposes of representing the City.

6. The Personnel Director will file a report to Council 2 weeks after the end of each month with respect to the settlements entered into pursuant to this ordinance.

3.20.080 Policemen Receiving Gifts and Employing Attorneys - Penalty for Violation.

3.20.190 Application, Oath of Office, Compensation and Equipment of Police Reserves.

3.20.390 Multnomah County Deputy Sheriffs Authorized to Arrest or Cite for Violations of City Code Provisions.

(Amended by Ordinance Nos. 136814, 138453 and 159113, effective Oct. 23, 1986.) The Bureau of Police shall consist of the Chief of Police and such other employees as the Council may provide. The Bureau shall be responsible for the enforcement of law and order. The Chief of Police shall be the Commanding Officer of the police force and shall direct the police work of the City. The Chief of Police shall be directly responsible to the Commissioner In Charge for the proper functioning of the Bureau. For administrative purposes the Bureau shall be made up of the following branches, each of which shall be commanded by a Deputy Chief and have personnel and such duties as may be assigned by the Chief of Police, subject to the approval of the Commissioner In Charge.

The Chief of Police, after having taken the oath of office, shall thereafter, under the direction of the Commissioner of Finance and Administration, have command and control of the police force of the City.

(Amended by Ordinance Nos. 136814, 138453 and 159113, effective Oct. 23, 1986.) The Deputy Chiefs, Captains and other ranks or grades of police within the Bureau of Police shall possess like power and authority as the Chief of Police with respect to peace officer powers, except as herein provided. The Chief of Police shall have control over the Deputy Chiefs, Captains and all other employees of the Bureau of Police when they are on duty, and shall see that the City ordinances and rules, orders and regulations for the government of the police force are observed and enforced. He/she shall have power to recommend for suspension to the Commissioner In Charge any subordinate officer, member or employee for a violation of the same as prescribed by the Civil Service rules.

The Chief of Police or any other officer of the police force, when acting under or enforcing any law or statute other than a City ordinance, may collect and receive the same fees and compensation as are allowed to a constable for like services, and if collected he shall pay the same over to the City Treasurer, as provided in the case of fees which may be received by the municipal judge; but no fees shall be taxed against Multnomah County for services rendered by either Chief of Police or municipal judge.

3.20.080 Policemen Receiving Gifts and Employing Attorneys -Penalty for Violation.

No member of the police force shall for his own benefit, under any pretense whatever, receive or share in any present, fee, gift or emolument for public service other than the regular salary and pay, except by the consent of the Council and Chief of Police, publicly given. Nor shall any member share in or receive any gift, fee, or reward from any person who may become bail for any arrested, accused, or convicted person who may become surety for any such, on appeal from or review of the judgment or decision of any court or magistrate, or any fee, gift, or reward in any case from an attorney at law who may prosecute or defend any person arrested or prosecuted for any offense in Multnomah County. Nor shall any member, directly or indirectly, interest himself or interfere in any manner whatever in the employment of any attorney to aid in the defense of any person arrested or accused. For any violation of either of the foregoing provisions the person so offending shall be immediately removed from the police force.

Upon complaint of any person alleging a violation of this Section the Council shall summon the officer accused before it and shall hold a summary hearing with power to subpoena witnesses and to compel the production of all necessary evidence. If it finds that a violation of this Section has been committed by such officer he shall immediately be dismissed from the force and shall be ineligible for reappointment.

The police force of the City shall at all times of the day and night within the boundaries of the City preserve the public peace, prevent crime, arrest offenders, protect rights of persons and property, guard the public health, preserve order, remove nuisances existing in streets, roads, public places, and highways, report all leaks and other defects in water pipes and sewers, and street lights not burning to the proper authorities, provide a proper force at every fire in order that thereby the firemen and property may be protected, protect strangers and travelers at the steamboat and ship landings and railroad stations, and generally obey and enforce all ordinances of the City Council and criminal laws of the State and of the United States.

The Council in case of any mob, riot, pestilence, or on days of public demonstration may appoint such temporary policemen as it may deem necessary, who shall have all the powers and perform all the duties of regular policemen. Such appointments shall not continue beyond the emergency.

The Bureau of Police shall keep a daily arrest docket and a municipal court transcript in substantially the following form:

The arrest docket may be printed in any size as may be determined by the Chief of Police and shall be a part of the original record of the Bureau of Police and shall be preserved and kept in the custody of the Bureau of Police.

(Amended by Ordinance No. 157487, effective June 19, 1985.) The Chief of Police is empowered to appoint five persons who are superior officers in the Bureau of Police as members of a Discipline Committee. The Committee members shall serve thereon subject to the will of the Chief of Police. The duties of the Discipline Committee shall be to hear any charges brought against any member of the Bureau of Police referred to the Committee. Any accused member of the Bureau of Police cited to appear before the Committee on charges shall have the right to strike two names from the list of Committee members and have his hearing before the remaining Committee members, provided, however, that any superior officer of a rank above captain may not be struck from the list.

The Chief of Police shall maintain at police headquarters suitable means and appliances for taking and preserving fingerprints, photographs, and descriptions of persons. He shall take or cause to be taken, recorded, and preserved one or more fingerprints and photographs, and a description of each person arrested and booked for the commission of a felony. Of each person arrested and booked for the commission of a misdemeanor or violation of a penal ordinance or Charter provision, he may, but is not required to, take and preserve one or more fingerprints, photographs, and a description. Such prints, photographs, and description shall be made a matter of permanent record when evidence showing previous conviction or convictions of any crime, misdemeanor, or violation of a penal ordinance or Charter provision shall have been obtained.

The Chief of Police shall have authority, subject to the approval of the Commissioner In Charge, to issue such administrative rules and regulations in addition to those embodied in the Charter and this Code, as are necessary to govern the conduct of the members of the Bureau of Police, and to provide for the adequate functioning of the Bureau.

The following rules shall apply to uniforms for employees appointed to the Bureau of Police who are members of the Fire and Police Disability and Retirement System:

A. The Chief of Police shall, subject to the approval of the Commissioner In Charge, prescribe specifications for police uniforms and establish rules, regulations and conditions of wearing thereof;

B. Upon report from the Commissioner In Charge of the Bureau of Police, the Council shall designate which items of the uniform specified by the Chief of Police under subdivision (1) above shall be furnished by the City to those employees required to wear the prescribed uniform in performance of their normal and usual police duties. Each new employee shall be furnished a complete set of designated items of uniform. All other employees shall be furnished designated items of uniform on the basis of replacement when needed as determined by the Chief of Police. Items furnished by the City shall remain property of the City; and the Chief of Police shall establish rules, regulations, and conditions for issuance and control thereof;

C. The Chief of Police shall have the authority to designate duty assignments which require dress other than the prescribed uniform. For such designated duty, no items of uniform shall be furnished, and those employees affected shall receive an annual cash clothing allowance in lieu of items of uniform furnished by the City. Clothing allowances shall be paid in accordance with Section 5.08.070.

(Amended by Ordinance No. 143623, effective June 13, 1977.) The Chief of Police is authorized, subject to the approval of the Commissioner In Charge, to appoint new members to the police reserve from time to time as need therefore arises and to accept the resignations and discontinue appointments from time to time in accordance with his judgment concerning the public welfare and safety subject to the approval of the Commissioner In Charge; provided that the total number of such reserves at any time shall not exceed 200.

A. Within the ranks of the police reserve the Chief of Police shall designate which members of the reserve shall serve as a special duty reserve unit. Members of the special duty reserve unit shall assist the Bureau in performing Sunshine Division, charitable, search and rescue and other non-law enforcement related functions.

3.20.190 Application, Oath of Office, Compensation and Equipment of Police Reserves.

(Amended by Ordinance Nos. 143623 and 164223, effective May 29, 1991.) Each new member of the police reserve shall make an application on a blank form provided by the Chief of Police, giving such data concerning his age, weight, identification, residence, occupation, previous experience in police work, if any, citizenship, and other data as the Chief of Police may find necessary or convenient, including fingerprinting for better identification. Members of such police reserve shall be entitled to no compensation unless specifically authorized and provided by the Council. Upon appointment each member shall take an oath of office similar to the oath required of regular members of the Bureau of Police, and such oath shall be filed with the City Auditor. Regular members of the reserve shall serve during the pleasure of the Chief and shall wear a uniform prescribed by the Chief of Police. They shall perform the duties and take training as directed by the Chief of Police. They shall observe the rules of deportment and conduct applicable to regular police officers. They shall, in the performance of their duties, be subject to the orders of commanding officers of the regular and reserve police force of the City. They shall, at all times, cooperate with regular police officers in the performance of their duties. While on any authorized assignment they shall be covered by the City’s self-insurance as authorized under the provisions of the Oregon State Workers’ Compensation Act. The insurance shall be in a form approved by the City Attorney. It is unlawful for any person whose appointment has been terminated, to retain possession or refuse to return any badge, identification or equipment issued to such person after demand for the return has been made by the Mayor, Chief of Police or anyone acting under and by the authority of the Mayor or Chief of Police. Members of the special duty police reserve shall be subject to police duty only when special occasion therefor arises. Each member shall provide his own equipment, subject to the approval of the Chief of Police, and shall make such reports as the Chief of Police may require.

The Chief of Police is authorized to furnish each member of the police reserve with a membership card signed by the Chief of Police and signed by the member for identification purposes, and shall also furnish each member with a police star.

No member of the police reserve shall be regarded as a City employee or subject to civil service regulations.

(Amended by Ordinance No. 134934, effective July 20, 1972.) Whenever the Chief of Police is in doubt concerning the physical or mental ability of a member of the Bureau of Police to perform full police duties, the Chief shall require that member, upon written notice, to submit to a medical examination. The examination shall be conducted without expense to the member. Unexcused failure to take an examination required by this Section, after reasonable notice, shall be cause for the member’s dismissal.

(Amended by Ordinance No. 136679, effective July 1, 1973.) The Bureau of Police shall consist of: a Chief of Police and all other full time members of the regular police force, and shall include all members of the women’s protective division, and police matrons; and all such members shall be classed and considered as regular members of the Bureau of Police. All members of the Women’s Protective Division, and all police matrons, are hereby required to comply with the rules and regulations of the Civil Service Board respecting physical examinations. The present police matrons shall (if they have not already done so) take and file with the City Auditor the oath of office required of members of the Bureau of Police, before they shall have full status as such members.

(Amended by Ordinance No. 166645, effective June 23, 1993.) A metal or cloth patch badge to be worn as an insignia and identifying regular members of the police force while on duty, except as specially directed by the Chief, is hereby adopted under specifications as follows:

SIZE: The metal badge shall not exceed 2 inches horizontal and 2-3/4 inches in height.

DESIGN: The top of the badge shall be a cutout spread eagle, facing right, a figure of Justice on the left and a figure of a Police Officer on the right beneath the outspread wings of the eagle, both figures to be in relief, and the position (left and right) to be on the left and right respectively of the person viewing the badge. In the center between the two figures and below the eagle there shall be a cloisonné enamel replica of the City seal, superimposed on the badge. Around the seal there shall be a border of blue enamel 1/8 inch in thickness with the lettering “City of Portland, Oregon 1851” with the seal design in the center, the figures 1851 to be in the bottom portion of the enameled strip. Just below the seal and in a scroll across the entire badge the words “Portland Police” in gold on a blue enameled background shall be placed. Below all this detail there shall be a Section on which the rank or number of the officer is stamped and colored in blue enamel.

MATERIAL: For all officers and sergeants the badges are to be made of gold filled front on a sterling silver base. For all other members of the Bureau of Police the badges shall be made of gilding metal and gold plated.

FASTENER: On the back of the badge there shall be a pin approximately 2-1/4 inches long, fastened back of the eagle and set with a small amount of spring in the fastening. There shall be a safety catch fastener approximately 1/2 inch from the bottom of the badge with a swing-over locking device so that the pin near its point may be securely fastened. The cloth patch badge shall not exceed 2-1/2 inches in width and 3 inches in height. The cloth patch badge shall be the same design as the metal badge except the design shall be outlined and stitched in gold bronzed cobalt blue with the City seal in white, sky blue, green and yellow. The badge shall be sewn or otherwise permanently affixed to those uniform items for which its use in lieu of the metal badge is approved. The cloth patch badge may only be worn in lieu of the metal badge on those uniform items as expressly approved by the Chief of Police. It is unlawful for any person not a regular member of the police force of the City to wear or carry or have on or about his or her person such badge, or any replica or imitation thereof; or to use or exhibit such badge, or any replica or imitation thereof as a purported or pretended badge or insignia of authority; or to possess such badge or replica or imitation thereof except by special permission of the Chief of Police in writing first obtained.

(Added by Ordinance No. 161695, effective Mar. 9, 1989.) The Bureau of Police shall conduct a background investigation of every block home applicant, which shall include a criminal history inquiry.

The Bureau of Police shall maintain a property room wherein shall be kept the property of all persons incarcerated in the City jail, (except small personal items and small amounts of money not exceeding $25 which are kept for the prisoners by the jailer) evidence seized by officers or other persons in the process of making an arrest, contraband or illegal items or miscellaneous property which comes into possession of members of the Bureau of Police.

The property room custodian or other person in charge thereof will issue his receipt for all property received by the property room. He shall retain for his files a duplicate copy of the receipt, which shall bear the signature of the person depositing the property with the property room, and the receipt shall contain a description of the property receipted. He shall take a similar receipt from the person receiving any property from the property room.

The custodian or other person in charge of the property room shall keep an accurate perpetual inventory of all property received in the property room and receipted for, the inventory shall also show the disposition of any property released from the property room.

All property held in the property room which is the property of prisoners in the City jail shall be returned to the prisoner, taking his receipt therefor, upon his release from custody, or in the event the prisoner is transferred to another governmental unit while still in custody his property so held shall also be transferred to said governmental unit with the prisoner, and a receipt taken therefore.

(Amended by Ordinance Nos. 136043, 136720, 139408, 147068, and 147830, effective July 14, 1979.) All property received by the property room which is denoted as evidence shall be held by the property room subject to use as evidence in the appropriate court or courts. Upon final disposition of the case or cases wherein such property was seized as evidence, the property, except money, shall be returned to the legal owner, the Bureau of Police shall give the legal owner or the person entitled to possession of the property notice that the property will be released to him. The notice shall state that the owner or rightful possessor has 30 days within which to claim the property at the Bureau of Police. If the property is not claimed within 30 days, the property shall be delivered to the Property Control Officer who shall dispose of it in the manner provided by law. Money to be released to the legal owner shall first be deposited in the General Fund and then shall be paid out from said Fund. Payment on undisputed claims of money shall be by requisition authorized by the Chief of Police or his authorized representative. Payment of undisputed claims for money shall be made to a claimant only upon receipt of an agreement which shall indemnify, save and hold harmless the City of Portland, its officers, agents and employees from and against any and all actions, claims and liability arising out of or by virtue of the release of said money to the claimant. The agreement heretofore mentioned shall be signed by the claimant and approved by the City Attorney. Payment on disputed claims shall be authorized either by an appropriate court order approved by the City Attorney or by ordinance. All alcoholic beverages seized as evidence and not disposed of by court order shall be given over to the property control warehouse for disposition therein, such transfer to be under the direction and supervision of the Property Control Supervisor with inventories and receipts for alcoholic beverages as by him required.

(Amended by Ordinance No. 147068, effective Feb. 12, 1979.) At the discretion of the custodian or other person in charge of the property room, property may be received, giving a proper receipt therefore, for safekeeping or the prevention of crime. Such property will be received subject to a storage charge of 50 cents per day per item or bundle, and shall be kept for a period not to exceed 30 days.

All property of prisoners of the City jail shall be kept free of charge during the incarceration of the prisoners and no charge will be made if the prisoner removes his property within 15 days after being released from the City jail. Thereafter the property will be held at a storage rate of 50 cents per day per item or bundle.

(Amended by Ordinance No. 147068, effective Feb. 12, 1979.) All evidence received by the property room shall be kept without charge during the pendency of the case or cases in which it is intended that such property will be used as evidence, and for a period of 30 days after final disposition of the case or cases. Thereafter a charge of 50 cents per day per item or bundle will be made. There will be no storage charge on money which has been seized as evidence.

Any property in the Police Bureau property room on which storage has been allowed to accrue may have impressed thereon a storage lien and the lien foreclosed as by law provided. In the event a storage lien is foreclosed and the property cannot be sold in satisfaction of the lien, the property shall, under the direction and supervision of the Property Control Director with inventories of and receipts for the property, as by him required, be given over to the Sunshine Division of the Bureau of Police to be used for charitable purposes.

(Amended by Ordinance No. 153909, effective Nov. 22, 1982.) The Bureau of Police shall establish a schedule of fees and procedures for obtaining copies of reports, searching arrest records, accident photographs, fingerprinting, and all similar records services it performs. Except upon court subpoena, reasonable limitations may be placed upon the amount of information made available, the use for which it may be requested, and the persons entitled to receive it. The schedule of fees and procedures established under this Section shall not be effective until approved by the Commissioner In Charge of the Bureau of Police. No fee shall be charged to those agencies (or their representatives) who request such services for official use and who have as a primary organizational responsibility the apprehension, prosecution, or the direct supervision of the parole or probation, of criminal offenders.

(Amended Ordinance No. 153909, effective Nov. 22, 1982.) The Chief of the Bureau of Police shall ensure that a full and complete record of all fees collected under that authority of this Chapter is kept and that all fees so collected are remitted to the City Treasurer as provided by Section 3.08.140. The City Treasurer shall credit the amounts so received to the General Fund.

(Added by Ordinance No. 137096, effective Aug. 23, 1973.) The Property Control Officer, upon receipt of a copy of a court order providing for forfeiture or executed title documents of a conveyance as described in the ORS 167.247 and 471.660, shall register the conveyance with the Department of Motor Vehicles in the name of the City or upon request of the Bureau of Police in the name of a trustee.

3.20.390 Multnomah County Deputy Sheriffs Authorized the Arrest or Cite for Violations of City Code Provisions.

(Added by Ordinance No. 168985, effective June 28, 1995.) All sworn deputies of the Multnomah County Sheriff are authorized the arrest or issue a citation in lieu for violations of the following City Code provisions:

(Amended by Ordinance Nos. 161577 and 167276, effective Jan. 12, 1994.) Unless the context indicates otherwise, the following definitions are applicable to this Chapter:

1. A person who has filed a complaint with IID and subsequently requested review by the Committee of the IID investigation or

2. A Bureau member about whom a complaint has been filed with IID and who has subsequently requested review by the Committee of the IID investigation.

E. “Citizen Advisors” means citizens appointed by City Council members to assist the Committee in the performance of its duties and responsibilities pursuant to this Chapter.

F. “Commissioner In Charge” means the Commissioner In Charge of the Bureau.

G. “Committee” means the Police Internal Investigations Auditing Committee.

H. “IID” means the Internal Investigation Division of the Bureau, whose responsibilities and procedures are described in Section 330.00 of the Manual of Rules and Procedures of the Bureau, as amended from time to time.

I. “IID complaint” means a complaint by a citizen or member of the Bureau which led to an IID investigation of alleged police officer misconduct.

K. “Police Officer Misconduct” means conduct by a member of the Bureau during an encounter with another member of the Bureau or a citizen who is not a member of the Bureau, which conduct violates Police Bureau regulations or orders, or other standards of conduct required of City employees.

L. “Request for Review” means a request by an appellant that the Committee review an IID investigation of alleged police officer misconduct.

(Amended by Ordinance Nos. 161577, 161769, and 167276, effective Jan. 12, 1994.) Pursuant to Sections 2-109 of the Portland City Charter, the City Council, sitting as the Police Internal Investigations Auditing Committee, shall monitor and review the internal investigations system utilized by the Bureau of Police in resolving allegations of police officer misconduct and Bureau practices and procedures. The Committee shall perform the following duties and responsibilities:

A. Assist the Bureau in maintaining community credibility in its IID process by reporting findings, conclusions, and recommendations about the IID process in writing and making those reports available to the public for review.

B. Provide a review process for appellants who are dissatisfied with an IID investigation. The Committee shall have discretion as to which investigations to review. This Chapter does not give an appellant a right to a Committee review.

C. Prepare quarter year reports based on the IID quarter year report, a review of IID complaint files, the statistics of the Office of Risk Management and the Community Outreach Program. The Community Outreach Program shall focus on neighborhood associations and other community organizations to share observations and to solicit feedback on police practices in their neighborhood. The quarterly reports will highlight trends in police performance, suggesting necessary police bureau policy and procedural changes. Patterns of behavior, unclear procedures, policy issues and training needs may be identified for review.

(Amended by Ordinance Nos. 161577, 161769, 164317, 167276 and 169029, effective Aug. 24, 1995.)

A. The Committee shall consist of the five members of the City Council. One City Council member shall be selected by the Committee as Chairperson.

B. City Council by ordinance may authorize the Chairperson to appoint and supervise, in accordance with Chapter 4 of the Charter, one or more employees including a person trained in doing investigations to provide services to the Committee. In addition, the committee may utilize the staff resources of its members in performing duties and responsibilities pursuant to this Chapter.

C. The Committee may utilize Citizen Advisors consisting of 13 persons to assist in performing its duties and responsibilities pursuant to this chapter. The work of the Citizen Advisors shall be in the form of recommendations to the Committee. The Citizen Advisors shall be appointed as follows:

3. Seven Neighborhood Coalition areas shall be represented by a Citizen Advisor and each Neighborhood Coalition may:

(a) Recommend to the City Council one person for appointment to the Citizen Advisors;

(b) Recommend at least three names to the Chairperson from which the Chairperson will recommend to the City Council one person for appointment; or

(c) Recommend no persons for appointment in which case the Chairperson shall recommend to the City Council for appointment a person living within the coalition area.

4. In the event a majority of the Council fail to appoint a person recommended under the provisions of 3.21.030 C 3, the Chairperson shall initiate the process again within 30 days after the Council action.

5. In selecting Citizen Advisors, consideration shall be given to the current composition of the group of Citizen Advisors and appointments should be made that will cause the group to reflect the demographic make-up of the community.

D. Each Citizen Advisor position shall be designated as a Council seat, a Commissioner in Charge seat or Neighborhood Coalition seat.

E. Seats identified for a specific neighborhood coalition shall be filled as follows:

1. The Chairperson shall prepare an interim policy setting forth the order in which neighborhood coalitions shall have the opportunity to recommend a person for appointment to the Citizen Advisors and how the transition process will take place.

2. The City Office of Neighborhood Associations shall develop rules establishing the process to be used by a neighborhood coalition in recommending a name or names to the City Council or Chairperson for appointment under 3.21.030 C 3.

3. Upon a vacancy in a seat designated for a specific neighborhood coalition, the Chairperson shall make a written request to the coalition president requesting that a name or names be submitted as provided in 3.21.030 C 3.

4. In the event there is no response received by the Chairperson within 30 days of the date of the initial letter requesting a recommendation, the Chairperson shall make a recommendation to Council.

1. Have no independent authority and may exercise only that authority delegated to them by the Committee pursuant to rules which have been adopted by the Committee. The rules may be amended by the Committee at any time.

2. Each serve a term of two years, subject to reappointment. Upon expiration of the term, an Advisor shall serve until reappointed or replaced. Should a Committee member occupying a particular council position or the position of Mayor change during an advisor’s term, any advisors appointed by the prior Committee member or Mayor shall continue to serve until the expiration of the term. Should a Citizen Advisor resign before the expiration of a term, the Council position appointing that advisor shall appoint a replacement to serve a two-year term starting from the date of that appointment.

3. Meet for the purpose of exercising the authority delegated to them by the Committee. The number of Advisors required for a quorum shall be determined by adding the number of filled positions on the date of the meeting and taking 60% of that number. (See Table I.) In no case shall any formal action be taken with less than 5 Citizen Advisors in attendance. A position is considered vacant if an Advisor submits a formal resignation or an Advisor is removed. In situations where a term expires, the Advisor shall continue to serve until reappointed or a new Advisor has been appointed. In situations where a quorum is expected, but in fact there is no quorum, the Citizens Advisors present may take testimony from any persons scheduled on the agenda to be heard or attend to matters which do not require formal action. No action may be taken, however, until at least a quorum had heard all of the testimony either in person or by listening to the tape recording of the testimony an is prepared to decide the matter. Additional testimony may be taken at a subsequent meeting if an Advisor requests it.

G. All meetings conducted pursuant to the Chapter shall be subject to the Oregon Public Meetings Law. ORS 192.610 through 192.710.

(Amended by Ordinance Nos. 161577, 161769, and 167276, effective Jan. 12, 1994.) In performing its duties and responsibilities pursuant to this Chapter, and to otherwise administer its affairs, the Committee shall:

A. Review a detailed quarter-yearly report, which IID shall prepare and submit through channels in a timely fashion, and which shall describe, in a form approved by the Committee, all IID activities subject to this Chapter during the immediately preceding quarter-yearly period.

B. Review, in accordance with this Chapter, IID investigations of alleged police officer misconduct.

C. Prepare quarterly reports based on the IID quarter year report, a review of IID complaint files, the statistics of the Office of Risk Management and the Community Outreach Program. The Community Outreach Program shall focus on neighborhood associations and other community organizations to share observations and to solicit feedback on police practices in their neighborhood. The quarterly reports will highlight trends in police performance, suggesting necessary police bureau policy and procedures changes. Patterns of behavior, unclear procedures, policy issues and training needs may be identified for review.

D. Utilize the full powers granted by Section 2-109 of the Charter, including the power to compel the attendance and testimony of witnesses, administer oaths and to compel the production of documents and other evidence. The power to compel the attendance and testimony of witnesses in accordance with Section 3.21.083 C 3 shall not be delegated by the Committee to the Citizen Advisors.

F. Adopt such rules as are necessary to perform its duties and responsibilities pursuant to this Chapter.

G. In carrying out its functions, the Committee may visit IID offices, examine documents, reports and files and take such other actions as the Committee deems necessary and consistent with the purposes of this Chapter. To maintain the security of IID documents, reports or files, the Chief may require that the examinations be conducted in the IID offices.

A. The Committee shall prepare a quarter year report highlighting the trends in police performance and stating its findings, conclusions and recommendations regarding changes in police policy and procedures. Patterns of behavior, unclear procedures, policy issues and training needs may be identified for review.

1. A review of the IID complaint files with the focus on analysis on specific categories of complaints (e.g., use of deadly force and pretext stops). The report may include analysis of closed files which were not appealed to the Committee, but it is not the intent that the files be reopened;

2. A review of IID process to insure it is effective, efficient, fair, thorough, timely and shows equal concern for the rights of both citizens and police officers.

C. The Committee may accept the report of the Citizen Advisors as its own if it finds it complete.

D. The report shall be submitted to the City Council, the Chief of Police, the Chief’s Forum and Office of Neighborhood Associations.

E. The report shall be placed on the Committee’s agenda and considered during a regularly scheduled Committee meeting. Public testimony may be invited.

(Amended by Ordinance Nos. 161577 and 167276, effective Jan. 12, 1994.) Requests for review shall be subject to the following requirements:

A. Any appellant who is dissatisfied with an IID investigation of alleged police officer misconduct may request the Committee to review the IID investigation.

B. The request for review must be filed within 30 days of the appellant’s receipt of the IID determination. The Committee may adopt rules for permitting late filings in extraordinary circumstances.

C. A request for review must be filed in writing personally or by mail, at the Office of the Chairperson.

4. The reason or reasons the appellant is dissatisfied with the IID investigation.

(Amended by Ordinance Nos. 161577 and 167276, effective Jan. 12, 1994.) The Committee shall have discretion to determine which requests for review it will grant. The Committee shall exercise its discretion after reviewing the IID file and if required to understand the facts about the incident, after communicating with the appellant. In exercising its discretion, the Committee may consider the following factors:

D. The likelihood that the review will assist the Bureau to improve or refine its operations.

(Amended by Ordinance Nos. 161577, 161769 and 167276, effective July 1, 1994.) The Chairperson or designee shall accept requests for review, in writing, during regular business hours. Such requests shall be recorded and forwarded in a timely fashion to the Committee. If necessary, the Chairperson or designee shall help appellants complete the form to file a request for review. In addition, if authorized by City Council pursuant to 3.21.030 B, the Chairperson shall appoint and supervise staff to provide support services to the Committee. The staff may include a person trained in doing investigations to assist the Citizen Advisors in reviewing the quality and thoroughness of the IID investigation.

A. To facilitate review by the Committee, IID shall tape record all interviews with witnesses, including members of the Bureau, conducted during an IID investigation and shall make those tapes, or accurate copies, available to the Committee during its review of an IID investigation.

B. Within 21 days after the Committee notifies IID in writing that an IID investigation will be reviewed, IID shall make available to the Committee a written summary of its investigation containing findings of fact and conclusions and specifying which Bureau general orders were relevant to its investigation.

C. During a Committee review, IID shall make available to the Committee all documents and information pertaining to the investigation being reviewed.

A. Scope of Review. The Committee may review the adequacy of an IID investigation and whether the IID determination was supported by the findings of the IID investigation. The Committee shall not investigate complaints about police officer misconduct. The Committee may refer all appeals to the Citizen Advisors for review and a recommendation in the manner provided in 3.21.085 D.

B. Evidence. In reviewing an IID investigation, the Committee may examine the appeal form and any documents submitted with it, the file and report of the IID, and any documents accumulated by IID during its investigation including the investigating officer’s report. The Committee may receive any oral or written statements volunteered by the appellant or the police officer or officers involved or any other citizen, and may listen to the tape recordings of the witnesses examined by IID.

1. IID and Police Bureau Commander. The Committee or its Citizen Advisors if the Committee delegates the authority to them, may require within its scope of review the Commander of IID to appear and answer questions regarding the investigation and may also require the responsible police bureau Commander to answer questions regarding the basis and the rationale for a particular decision.

2. Other Witnesses. Witnesses other than the IID Commander shall not be required to appear involuntarily before the Committee or its Citizen Advisors except in extraordinary circumstances and upon approval by the Committee itself. Extraordinary circumstances include, but are not limited to, those situations in which the witness was interviewed by IID but no tape recording of the interview is available for Committee review. When it is necessary to call witnesses to testify involuntarily:

a. The Committee may require City employees to appear and testify as a part of their employment duties or may subpoena them;

D. Scope of Questions. When examining witnesses, the Committee, or its Citizen Advisors if the Committee delegates the authority to them, may ask any question within the Committee’s scope of review, provided that the question does not infringe upon contractual or constitutional rights. If a witness declines to answer a question asked by the Committee or its Citizen Advisors, the City Attorney or designee shall determine whether the question is within the Committee’s scope of review, and whether the witness is legally required to answer.

1. If the City Attorney or designee determines that the question is outside the Committee’s scope of review or that the witness is otherwise not obligated to answer, the witness shall not be required to answer the question. The Citizen Advisors may request the Committee to review the City Attorney’s determination. The Committee’s determination shall be final.

2. If the City Attorney or designee determines that the question is within the Committee’s scope of review and the witness is legally required to answer, but the witness nonetheless declines to answer, the Committee may require the witness to answer. The Committee’s decision shall be final. If a City employee witness declines to answer a question when directed by the Committee itself, the City employee shall be subject to appropriate discipline.

A. The Citizen Advisors shall make recommendations to the Committee on the matters under 3.21.020.

B. The Chairperson of the Citizen Advisors shall serve as a member of the Bureau’s Chief’s Forum to report regularly on the activities and findings of the Citizen Advisors and to serve as a communication link between the two groups.

C. On a case by case basis a member of the Citizen Advisors who reviewed the case file and presented it to the Advisors for their consideration shall serve as a member of the Bureau’s Review Level Committee for purposes of reviewing the individual case reviewed by the Citizen Advisors. The Chairperson of the Citizen Advisors shall appoint the person responsible for taking the case to the Review Level Committee. The Citizen Advisor member shall be assisted by staff from the Chairperson’s office. The Citizen Advisor member shall present the case and participate in the deliberations leading to either a call for further investigation or a recommendation to the Chief.

1. In reviewing an IID investigation, the Citizen Advisors may examine the appeal form and any documents submitted with it, the report of IID, the investigating officer’s report and any documents accumulated by IID during its investigation, including listening to the tape recordings of the parties of the witnesses.

2. The Advisors may receive any oral or written statements volunteered by the appellant or the police officer or officers involved or any other citizen. In addition, upon request the responsible police commander of the Bureau shall be available to present the basis and rationale for the initial decision regarding the particular case.

3. The action taken on matter being reviewed by the Citizen Advisor shall be one of the following:

c. Refer the matter to the Bureau’s Review Level Committee to consider the possibility of further investigation. The Review Level Committee shall either refer the matter for additional investigation or submit its findings to the Chief for the Chief’s action. The results of the additional investigation or the Chief’s decision shall be returned to the Citizen Advisors for review and comment. The Citizen Advisors may elect to return the matter to IID for further investigation; or

d. Recommend that the Committee inform the Chief in writing that the determination by IID was not supported by the findings of the investigation and what determination should have been made if the Advisor’s conclude that no additional information is warranted.

4. A decision of IID affirmed by the Citizen Advisors may be appealed by the parties to the Committee. The appeal shall be filed within 30 days of receipt of a written determination from the Citizen Advisors. The appeal shall be filed with the office of the Chairperson.

1. The report shall highlight the trends in police performance and state the Citizen Advisors’ findings, conclusion and recommendations regarding changes in police policy and procedures. Patterns of behavior, unclear procedures, policy issues and training needs may be identified for review.

a. A review of the IID complaint files with the focus on analysis on specific categories of complaints (e.g., use of deadly force and pretext stops). The report may include analysis of closed files which were not appealed to the Committee, but it is not the intent that the files be reopened;

b. A review of the IID process to insure its effective, efficient, fair, thorough, timely and shows equal concern for the rights of both citizens and police officers;

3. The report shall be submitted to the Committee, the Chief of Police, the Chief’s Forum and Office of Neighborhood Associations.

A. After reviewing an IID investigation and any recommendations by the Citizen Advisors, the Committee shall inform the Chief in writing, stating either:

2. The case should be reopened by IID to conduct additional investigation and report to the Committee.

B. Once the Committee concludes that no additional IID investigation is warranted, it shall inform the Chief in writing whether the determination by IID was supported by the findings of the investigation, and if not, what determination should have been made.

A. The Chief, after reviewing a report provided by the Committee under Section 3.21.050 or 3.21.090, shall respond promptly to the Committee in writing, but in no event more than 60 days after receipt of the Committee report. The response shall indicate:

1. What, if any, policy or procedural changes within the IID are to be made as a result of a report made pursuant to Section 3.21.050 or 3.21.090.

2. The disposition of a particular IID investigation after considering the report of the Committee made pursuant to 3.21.090.

B. If the Chief fails to respond within 60 days after receipt of the Committee Report, the Auditor shall place the matter on the Council Calendar, for consideration by City Council, within 15 days thereafter.

(Amended by Ordinance Nos. 161577 and 161769, effective Apr. 5, 1989.) The Committee is not authorized to set the level of discipline for any police officer pursuant to any request for review made under this Chapter. However, this Section shall not be construed to limit the authority granted to City Council by the City Charter, City Code, state statutes, and other applicable law.

3.22.170 Distribution of Awards Earned by Members of Bureau of Fire, Rescue and Emergency Services.

(Amended by Ordinance Nos. 136677, 149110 150993, 158149 and 160883, effective June 9, 1988.) The Bureau of Fire, Rescue and Emergency Services shall consist of the Chief Engineer (generally referred to as the Chief of the Bureau) and such other employees as the Council may provide. The mission of the Bureau of Fire, Rescue and Emergency Services shall be to secure a fire-safe environment, to respond to and manage non-fire emergencies, and to perform non-emergency services of public benefit. The Bureau of Fire, Rescue and Emergency Services shall be comprised of the following divisions:

A. The Emergency Operations Division, which shall be responsible for the saving of life and property from fire or other disaster, emergency medical services, hazardous materials incidents, conducting a fire loss control program, training, emergency dispatch operations, and other miscellaneous public services;

B. The Fire Prevention Division, which shall be responsible for fire prevention inspections and Code enforcement (Title 31), fire and life safety plans review, fire and arson investigation, enforcement of harbor regulations (Title 19), and conducting an educational fire prevention program;

C. The Management Support Services Division, which shall be responsible for budget and finance, long range capital planning and program development, special projects, manual and automated management information systems, supplying administrative support, and supplying logistical support which shall include facility and vehicle maintenance, operational supplies and services;

D. The Planning and Development Division, which shall be responsible for the Integrated Emergency Management System, disaster planning, safety analysis, inter-agency planning, strategic planning, research and development, and other long range projects as assigned.

(Amended by Ordinance No. 160883, effective June 9, 1988.) The Bureau of Fire, Rescue and Emergency Services of the City shall be organized by the Council and the members appointed as provided by the Charter, subject to the Civil Service rules of the Charter, and thereafter, subject to the restrictions contained in the Charter. All the powers of the City connected with and incident to the appointment, discipline, and government of its Bureau of Fire, Rescue and Emergency Services shall be vested in the Commissioner In Charge of the Bureau of Fire, Rescue and Emergency Services.

(Amended by Ordinance No. 160883, effective June 9, 1988.) The Council shall have the power and it is hereby made its duty to organize, govern, and conduct a Bureau of Fire, Rescue and Emergency Services for effective service within the City, and to that end may authorize the appointment of a Chief Engineer (Fire Chief) and as many other officers and employees as in its opinion are necessary. It shall have the power to make, or power to delegate authority to the Commissioner In Charge of the Bureau of Fire, Rescue and Emergency Services to make, all necessary or convenient rules and regulations for the organization and conduct of the Bureau, for receiving and hearing complaints against any members, and for the removal or suspension of any member of the Bureau. The Civil Service rules prescribed in the Charter shall apply to every officer and member of the Bureau and shall govern the actions of the Council in its organization and government of the Bureau.

(Amended by Ordinance No. 160883, effective June 9, 1988.) The Council shall have the custody and management of all the public property, including the fire alarm telegraph, pertaining to the Bureau of Fire, Rescue and Emergency Services. It shall have power and authority, subject to the limitations and appropriations made and expenditures authorized by the Council, to purchase and acquire all necessary apparatus, including fireboats, engines, hose, hose carriages, and all other personal property which the exigencies of an efficient Fire, Rescue and Emergency Services Bureau may require. It shall have power and authority to sell and dispose at public sale under the provisions of the Charter relating to sales of public property of any portion of said personal property whenever the same is not required, or when it may be considered by the Council unfit for service in the Bureau. The proceeds of any such sale shall be paid by the purchaser to the Treasurer of the City, who shall issue a proper receipt therefor, and all such monies shall be credited to the General Fund of the City.

(Amended by Ordinance No. 160883, effective June 9, 1988.) The Chief Engineer (Fire Chief) shall diligently observe the condition of the apparatus and property and workings of the Bureau and make an annual report in writing to the Commissioner In Charge of the Bureau of Fire, Rescue and Emergency Services. The Chief Engineer (Fire Chief) shall also make recommendations from time to time with regard to the needs of the Bureau as he may deem proper.

The Chief Engineer, or, in his absence, any Assistant Chief Engineer, may during a conflagration, cause to be cut down, or otherwise removed, any buildings or structures for the purpose of checking the progress of such conflagration.

The Council, in case of any general conflagration or great emergency, may appoint such temporary employees as it may deem necessary and to whom Civil Service rules shall not apply.

Members and officers of a higher grade who have done faithful service and have been disabled so as to unfit them for serving in the position occupied when so disabled may be assigned to other duties suitable to their physical abilities and shall always have preference in such assignments.

(Amended by Ordinance No. 160883, effective June 9, 1988.) The rules and regulations of the Bureau of Fire, Rescue and Emergency Services shall be promulgated by the Chief Engineer, subject to approval by the Commissioner In Charge of the Bureau, and the Chief Engineer shall have authority to issue general and special orders which shall be administrative in nature and shall be in addition to or supplemental to the rules and regulations as promulgated by the Chief Engineer and approved by the Commissioner In Charge. The rules and regulations and the general or special orders shall govern the conduct of the members of the Bureau of Fire, Rescue and Emergency Services and shall be designed for the efficient and effective functioning of the Bureau.

(Amended by Ordinance No. 160883, effective June 9, 1988.) The following rules shall apply to uniforms for employees appointed to the Bureau of Fire, Rescue and Emergency Services who are members of the Fire and Police Disability and Retirement System:

A. The Chief of the Bureau shall, subject to the approval of the Commissioner In Charge, prescribe specifications for fire uniforms and establish rules, regulations and conditions of wearing thereof.

B. Upon report of the Commissioner In Charge of the Bureau of Fire, Rescue and Emergency Services, the Council shall designate which items of the uniform specified by the Chief of the Bureau under subdivision A above shall be furnished by the City to those employees required to wear the prescribed uniform in performance of their normal and usual fire duties. Each new employee shall be furnished a complete set of designated items of uniform. All other employees shall be furnished designated items of uniform on the basis of replacement when needed as determined by the Fire Chief. Items furnished by the City shall remain property of the City. The Fire Chief shall establish the rules, regulations and conditions for issuance and control thereof;

C. The Chief of the Bureau shall have the authority to designate duty assignments which require dress other than the prescribed uniform. For such designated duty, no items of uniform shall be furnished, and those employees affected shall receive an annual cash clothing allowance in lieu of the items of uniform furnished by the City. Clothing allowances shall be paid in accordance with Section 5.08.070.

(Amended by Ordinance Nos. 132356, 160840, and 160883, effective June 9, 1988.) The Commissioner In Charge of the Bureau of Fire, Rescue and Emergency Services and the City Auditor hereby are authorized to enter into contracts under the provisions of the State Rural Fire Protection District Act. Contracts authorized by this Section are subject to the following conditions:

A. The City shall provide both fire prevention and fire suppression services and will not provide fire suppression services only.

B. Payment for services by individuals and private organizations, having no tax levying authority under State law, shall be in advance, excepting those contracts in excess of $25,000, which may be paid on a quarterly basis in advance. The Auditor shall execute such contracts only upon receipt of such payment;

C. Contracts with political subdivisions of the State shall be entered into only upon certification to the Auditor by the governing body of such political subdivision that there will be assessed upon the taxpayers of such political subdivision an amount not less than:

2. Unpaid balances, if any, owing the City on previous fire prevention and suppression contracts.

3. An estimated amount sufficient to compensate for the delinquencies, based upon previous experience.

The Auditor shall execute such contracts only upon receipt of such certification, unless specially authorized by ordinance. Payment upon such contracts shall be due in equal semi-annual installments on or before January 1 and June 1 of the year in which the contract is in effect;

1. “Effective year” means the fiscal year in which the contract is operative,

2. “Previous year” means the fiscal year first preceding the effective year.

3. “Property owner’s assessed value” means the assessed value in the previous year of land, improvements and personal property of the individual, organization or political subdivision contracting for City fire prevention and suppression, provided, however, that for political subdivisions, the City Auditor shall decrease such assessed value to adjust for changes in boundaries which become effective during the previous year as the result of annexations to the City. If property or a portion thereof, which is included in the determination of property owner’s assessed valuation, be outside Multnomah County, the assessed value shall be adjusted so as to bear the same ratio to true cash value as the ratio of assessed value to true cash value in Multnomah County, as determined by the State Tax Commission.

4. “Assessed value of City property” means the assessed value, in the previous year, of land, improvements and personal property in the City. The assessed value of those portions of the City lying outside Multnomah County shall be adjusted so as to bear the same ratio to true cash value as the ratio of assessed value to true cash value in Multnomah County, as determined by the State Tax Commission.

a. Bureau of Fire, Rescue and Emergency Services General Fund budget of the previous year,

b. A portion of the budget for Fire and Police Disability and Retirement Fund based upon the ratio of the number of firemen to the number of policemen employed on January 1 of the previous year, and;

c. Ten percent of the total of a. and b. to allow for payroll taxes and other expenditures outside the Bureau of Fire, Rescue and Emergency Services General Fund budget;

E. The charge for City fire suppression and fire prevention services by contract authorized under this Section shall be computed by the following formula:

F. Each application for a fire suppression and/or fire prevention contract under this Section, and for renewal of a previous contract under this Section, shall be forwarded to the Chief of the Bureau of Fire, Rescue and Emergency Services. The Chief shall attach thereto his report upon the accessibility, water supply, distance from the City fire equipment, and other conditions pertaining to the area to be protected. The Chief shall then submit the application to the Commissioner In Charge of the Bureau of Fire, Rescue and Emergency Services for approval or disapproval before a contract is entered into.

(Amended by Ordinance No. 132356, effective Apr. 1, 1971.) On or near February 15 of each year the Auditor shall mail to each individual, organization and political subdivision then under contract with the City for fire suppression and/or fire prevention, letter stating the dollar amount the City will charge for renewal of the contract in the next succeeding fiscal year. This amount will be computed by the formula in Section 3.22.110. The letter, if directed to a political subdivision contracting under Section 3.22.110 B, will also state the amount owed the City and then in arrears, if any, under preceding contracts or the contract then in effect. Such letter shall not operate as a waiver or estoppel of the right of the City to refuse renewal of any contract under Section 3.22.110 B because of delinquencies or other good cause.

All contracts executed in accordance with the provisions of this Chapter shall be approved as to form by the City Attorney.

(Amended by Ordinance No. 160883, effective June 9, 1988.) The Mayor and the Commissioner In Charge of the Bureau of Fire, Rescue and Emergency Services may enter in agreements with agencies of the federal government and with political subdivisions of a state in which each party agrees to provide mutual assistance, in the form of men and equipment, in combating large fires within the boundaries of the other party or parties to such agreements.

(Amended by Ordinance No. 160883, effective June 9, 1988.) Upon the approval of the Chief of the Bureau of Fire, Rescue and Emergency Services and of the Commissioner In Charge, the fire boats of the Bureau of Fire, Rescue and Emergency Services may be used for the purpose of pumping out water from boats and barges which ply the Willamette or Columbia rivers.

(Amended by Ordinance No. 160883, effective June 9, 1988.) The fees for the emergency pumping services permitted by Section 3.22.150 shall be $200 per hour. The owner, owner’s agent, or master of the vessel requesting the nonfire emergency pumping service shall be advised that the pumping fee shall be $200 per hour before a fire boat is dispatched to the emergency location. The fire boat officer, on arrival, shall obtain written agreement from the owner, owner’s agent or master of the vessel in peril to pay the City $200 per hour for salvage pumping before beginning operations. When the service of the fire boat is completed, the Chief of the Bureau of Fire, Rescue and Emergency Services shall certify to the Commissioner In Charge the exact time employed by the fire boat, and the Commissioner shall thereupon make a final charge for such service and require payment of such charge by the applicant. In the event salvage

efforts fail, and if so recommended by the Chief Engineer (Fire Chief), the Commissioner In Charge of the Bureau of Fire, Rescue and Emergency Services may reduce or omit the pumping fee.

3.22.170 Distribution of Awards Earned by Members of Bureau of Fire, Rescue and Emergency Services.

(Amended by Ordinance No. 160883, effective June 9, 1988.) All awards earned by members of the Bureau of Fire, Rescue and Emergency Services participating in Rose Festival activities shall go to the personnel and improvements of the fire engine quarters where such companies are housed.

(Amended by Ordinance Nos. 160127, 160883, and 168127, effective Sept. 21, 1994.)

1. Title. This plan shall be known as the Forested and Wildland Interface Areas Protection Plan of the City.

2. Scope. This plan is primarily designed for the detection and suppression of forest and brush fires in forested, rural and urban areas of the City, and in all areas with which the City has contracted to furnish fire protection. Additionally, the fire suppression provisions of this plan may be activated when a fire outside the City becomes a threat to areas within.

3. Purpose. The purpose of this plan is to establish operational responsibilities of departments and bureaus of the Portland municipal government and supporting agencies within the scope of this plan.

4. Participation required. Participation is required of the Bureaus of Parks, Fire, Rescue and Emergency Services, Police, Waterworks, General Services and Bureau of Maintenance.

5. Participation voluntary. Voluntary participation by nongovernmental agencies, having emergency capabilities in areas of disaster relief, is authorized and encouraged; provided, however, that each voluntary agency shall submit an operational program to this plan as hereinafter provided.

1. Coordinator. The Chief of the Bureau of Fire, Rescue and Emergency Services is known as the coordinator of this plan. He shall see that the operational programs of departments, bureaus and supporting agencies are submitted and made a part of this plan and kept current from year to year.

2. Operational Programs. The head of each participating bureau, office and/or agency shall submit an operation program to the Coordinator and keep him/her informed of changes at all times. Such operational programs shall be a part of this plan. They shall include the names and telephone numbers of key alerting personnel, a listing of other personnel by number and job classification, and a listing of all mobile and special equipment. Additionally, operational programs of the Bureau of Fire, Rescue and Emergency Services and the Bureau of Parks shall contain descriptive details of routine maintenance and regulatory responsibilities. The operational programs shall be respectively identified as follows:

1. In all forested and rural areas lying within the City, and in all areas for which the City has a contract to furnish fire protection, overall command of fire fighting operations shall be the responsibility of the Chief of the Bureau of Fire, Rescue and Emergency Services.

2. Operating units will in all cases be under the direct control of their own commanders or foremen, superintendents, etc. However, such units will function in conformity with the tactical fire-fighting plan established by the sector commander to whom they are assigned.

1. All participants and resources listed in the plan will be activated in accordance with the plan at the request of the Incident Commander.

2. All participants in the plan will send liaison personnel to the field headquarters, support command headquarters, and the Emergency Operations Center as requested by the Incident Commander.

1. The Bureau of Emergency Communications will initiate the alerting of participating services as outlined in the plan. The person contacted is then to complete the calls required by his/her bureau, office or agency.

2. For the purpose of alerting as required in 1 above, the head of each participating service shall establish and maintain master-call lists or a key-alerting system.

The Bureau of Waterworks shall be under the direction and control of the Manager of the Bureau of Waterworks and such other employees as the Council may provide. The Bureau of Waterworks shall be made up of the Sections set forth in this Chapter.

The Engineering and Supply Section, supervised by the Chief Engineer of the Bureau of Waterworks, shall be responsible for the design and layout of the physical plant of the Bureau of Waterworks, for the operation, inspection and maintenance of reservoirs, standpipes, tanks and pump stations, planning for future expansion and for the quality and adequate supply of water to all parts of the City, and the acquisition of property, including easements and rights of way.

The Engineering and Supply Section shall also be responsible for the operation, inspection and maintenance of the dams, headworks, pipe lines, equipment, roads, bridges, buildings, grounds and other improvements of the Bureau of Waterworks outside the City limits.

The Construction and Maintenance Section, supervised by a Water Construction and Maintenance Superintendent, or other designated employee, shall be responsible for the construction and maintenance of mains, installation of services, maintenance of equipment, buildings and grounds, and such other construction or maintenance as may be determined to be necessary, including the installation and maintenance of fire hydrants. They shall also be responsible for testing, maintenance, accuracy, repair, installation and removal of meters.

The Business Operations Section, supervised by a Business Operations Supervisor, shall be responsible for the business administration of the Bureau. This Section shall have control of the accounting for all divisions of the Bureau, personnel administration, payrolls, employee records, inventory, revenue reports, records of materials, supplies and budgets. They are also responsible for billing, collecting and maintaining records of charges for water, applications for new services, meter reading, inspections, investigations of complaints, and maintaining public relations.

The Management Services Section, supervised by a Water Utility Engineer, shall be responsible for planning and special studies, education and engineering consulting.

The Bureau of Parks shall consist of the Superintendent of Parks who shall be in charge, and such other employees as the Council may provide. The Bureau of Parks shall be made up of the divisions set forth in this Chapter.

The Executive and Clerical Division, supervised by a Principal Clerk or other competent person, shall maintain the necessary records with regard to payrolls, requisitions, and cost accounting for the Bureau of Parks, and in addition shall have control over the women’s comfort stations maintained by the Bureau of Parks.

The Park Maintenance and Operation Division, supervised by an Assistant Superintendent of Parks or other competent person, shall have charge of the care, upkeep, and repair of park property in the Zoo, parks, and playgrounds of the City including all swimming tanks. This Division shall also have control over the trucks owned by the Bureau of Parks.

The Nursery and Planting Division, supervised by a Director of Park Plantings or other competent person, shall have control over the gardening and nursery functions and properties of the Bureau of Parks, including the greenhouse, nursery, golf courses, and floral displays.

Removal of trees, permits for removal of trees, removal of limbs of trees and reports in regard to trees shall all be in the Nuisance Section, except that removal of trees shall be subject to the approval of the Superintendent of the Bureau of Parks or his designated representative.

The Public Recreation Division, supervised by a Director of Recreation, shall have charge of the public recreational program and property of the Bureau of Parks, including activities at community houses, summer playgrounds, swimming tanks and summer camps.

The Municipal Stadium Division, supervised by a Manager, which Division shall have charge of the operation and control of the municipal stadium, including maintenance of the property and rental or leasing of the property or its facilities.

The Superintendent of Parks, with the approval of the Commissioner In Charge, hereby is authorized to trade, sell or exchange surplus animals, birds or reptiles, with public or private zoos throughout the United States or Canada, provided that the value of such animal, bird or reptile so traded, sold, or exchanged does not exceed the sum of $1,000. The Superintendent of Parks, in connection with such transaction, hereby is authorized to pay necessary handling charges incident to such trade, sale or exchange.

(Added by Ordinance No. 157993, effective Feb. 18. 1986.) The City Forester, in consultation with the Energy Office, shall recommend a methodology to the Tree Advisory Committee for determining the relative solar friendliness of trees. The City Forester shall use the methodology to create and maintain lists of all trees known to be either solar friendly or non-solar friendly.

Solar friendly trees shall be those deciduous trees which, by the determination of the City Forester, shall have a combination of low winter branch density and long period of wintertime defoliation, and as such, shall result in minimal loss of incident solar radiation during the heating season if planted or allowed to grow.

During the term of a contract presently existing between the City and Multnomah County whereby functions of the City’s Bureau of Health are being performed by the County, and the County Health Officer is acting as the City Health Officer, and all Bureau of Health Employees, are now County employees, the Multnomah County Department of Medical Services shall perform the functions heretofore performed by divisions of the City Health Bureau, as set forth in this Chapter.

The Executive and Clerical Division shall maintain the central office and all necessary records thereof, including all statistics relating to births and deaths as required by law.

The Communicable Disease Control Division shall exercise the power of quarantine and detention and shall adopt such other measures as will prevent the spreading or aid in the prevention of communicable diseases such as typhoid fever, smallpox, tuberculosis, scarlet fever and others.

The Tuberculosis Control Division shall provide clinical services for diagnosis and a visiting nurse service to make sure that the lessons of prevention are carried out by the patients under actual home conditions.

The Venereal Disease Control Division shall provide clinical services for diagnosis, control, and prevention of venereal disease.

The Laboratory Division shall conduct tests and examinations for bacteria content and such other laboratory services as the other divisions request.

The School Hygiene Division shall be responsible for the prevention of communicable diseases in the schools through promoting vaccination against smallpox and the use of toxoid against diphtheria, and through ascertaining that children sick with communicable diseases are excluded. This Division shall also conduct examinations of school children at regular intervals for the purpose of discovering defects which may be remedied and shall notify the parents regarding the need for attention to vision, infections, nutrition, and postural defects and diseases.

The Emergency Hospital Division is designed to take care of those who are injured or who are taken sick suddenly, and have no means of providing for themselves the medical and hospital care they need, or who are ineligible for care by Multnomah County because they are not residents.

The Pure Food and Sanitation Division shall be divided into the following Sections:

A. The Milk Inspection Section, which shall provide inspection of the milk supply, including the source, transportation, handling, and preparation for distribution;

B. The Meat Inspection Section, which shall provide inspection of meat in an effort to keep unwholesome meats and meat products from the market;

C. The Sanitation Inspection Section, which shall provide general sanitation inspection services, such as restaurant inspection, food inspection, market inspection, food handler’s examinations, inspections of hospitals and certain manufacturing plants, and the inspection of housing conditions, including ventilation, lighting and sanitation fixtures.

The Division of Mental Health shall provide psychiatric consultation with school children and adults, assist the emergency hospital in the handling of persons with mental health problems, act as liaison between the Bureau of Health and mental health institutions and organizations, and generally provide a mental health service for the City.

The Division of Home Health Care shall provide the limited nursing services such as but not limited to prescribed treatment, application of dressings, irrigations, exercises and baths and home health aide services including but not limited to nonprofessional care of ill or injured persons, food marketing or other needed shopping or errand, preparation and serving of meals and light housekeeping.

(Added by Ordinance No. 162169, effective Aug. 19, 1989.) The Bureau of Buildings shall be under the supervision of the Director. The Director shall be directly responsible to the Commissioner In Charge. The Director shall maintain an organizational structure which carries out the duties of the Bureau set forth in Section 3.30.010.

(Amended by Ordinance No. 171455, effective August 29, 1997.) The Bureau shall be responsible for:

9. Other regulations enacted by the State of Oregon or adopted by the City Council and assigned to the Bureau;

B. The examination and checking of plans and specifications required as a prerequisite to the issuance of permits;

C. The issuance of permits required for the construction, installation, repair, or alteration of buildings or equipment;

D. The inspection of buildings or other structures and equipment for compliance with plans and specifications and with applicable Code provisions and laws; and

(Added by Ordinance No. 162169; amended by Ordinance Nos. 168184, 168340, and 171455, effective August 29, 1997.) In order to carry out the duties set forth in Section 3.30.010, the Director of the Bureau of Buildings may:

A. Adopt written policies and procedures for the enforcement of applicable Code provisions and laws. The established priorities shall be based upon the number of budgeted enforcement personnel; public, safety and welfare factors; and any priorities established by the City Council.

1. Instituting an action before the Code Hearings Officer in the manner provided by Title 22 of this Code; or

2. Causing appropriate action to be instituted in a court of competent jurisdiction; or

3. Issue a code violation citation directly to the contractor or person responsible for carrying out the work. Any person receiving a citation for violating the provisions of either the Building, Heating and Ventilating, Plumbing, or Electrical Regulations shall be subject to a fine of up to $1,000 for each citation notice issued.

C. Impose penalties for non-compliance, provide notice of violation, and allow for appeals by:

1. Notifying the person whose name and address the county assessor has listed as the owner of the property, such notice to include the following:

a. Give the street address and a legal description sufficient for identification of the property;

c. Disclose that fees, charges, and liens as described in this section may result from a failure to remedy the violations;

d. Specify a response period during which the property may be brought into compliance with this Title before fees, charges, or liens will be assessed; and

e. Disclose the owner’s right to appeal the findings of the notice of violation.

2. Imposing monthly enforcement penalties for each property that meets the following conditions:

a. The property is a subject of a notice of violation by the Bureau of Buildings; and

b. A response period of 30 days has passed since the effective date of the initial notice of violation; and

c. The property remains out of compliance with the initial notice of violation or any subsequent notice of violation.

4. Doubling the fees in subsection 3.30.105 C 3 if the violations are not corrected within six months from the initial notice of violation.

5. Imposing an additional penalty of $200.00 against any property for which a code enforcement proceeding is initiated before the Code Hearings Officer pursuant to the provisions of Title 22 of this Code.

6. Providing for administrative procedures as set forth in Section 29.70.010 C-E.

7. Providing for administrative review and the opportunity for appeal to the Code Hearings Officer for enforcement penalties imposed by the Bureau of Buildings as described in Chapter 29.80 of this Code.

A. The Bureau of Buildings shall be responsible for the implementation of a City Permit Application Center.

B. The Bureau has management responsibility for assigned personnel and the daily operations of the center.

(Added by Ordinance No. 153508; amended by Ordinance Nos. 165594 and 171455, effective August 29, 1997.) The Bureau of Buildings shall have authority to enforce Section 14.20.010 of Chapter 14.20, Obstructing Streets and Sidewalks, and Sections 16.10.200 L, 16.20.120 H 16.20.130 I, 16.20.160, 16.20.170, 16.70.450 and 16.70.800, and shall have authority to issue parking citations and order the towing and storage and/or other removal of such vehicles and objects.

(Added by Ordinance 153508, effective Aug. 2, 1982.) When authorized elsewhere in this Code to abate a nuisance, the Bureau of Buildings may either abate the nuisance with City personnel as may be provided by this Code, or when necessary, the Bureau of Buildings, acting through its Director, may contract with eligible contractors for the performance of nuisance abatement services pursuant to the procedures established in Sections 3.30.040 through 3.30.060 of this Code. Any individual work order issued pursuant to Sections 3.30.040 through 3.30.060 shall not exceed $1,500 in amount.

When the Director, Bureau of Buildings, believes that any single nuisance will require the expenditure of more than $1,500 to abate, he shall request the Commissioner In Charge to authorize the Purchasing Agent to contract for such services, or to seek Council authorization if required by the Charter.

A. In order to be eligible to contract with the Bureau of Buildings for the performance of nuisance abatement services, the contractor must file with the Auditor:

1. Evidence, of a type acceptable to the Director, Bureau of Buildings, that the contractor has been issued a valid business license by the Business Licenses Division of the City of Portland.

2. A certificate evidencing personal injury and property damage insurance, in an amount acceptable to the Director, Bureau of Buildings, to protect the contractor and the City from any and all claims for damages, including death, which may arise from operations under this contract or in connection with such operations, including all operations of subcontractors;

3. A certificate of a type acceptable to the Director, Bureau of Buildings, evidencing that:

a. The contractor is qualified as a direct responsibility employer as provided by ORS 656.407 (Workers’ Compensation); or

b. The contractor is qualified as a contributing employer as provided by ORS 656.411; or

c. In the event that the contract is to be performed without the assistance of others, that the services rendered are those of an independent contractor.

B. The Auditor shall notify the Bureau of Buildings of all contractors that have fulfilled the conditions enumerated above and are therefore eligible for nuisance abatement contracts. The Auditor shall notify the Bureau of Buildings immediately if any contractor, previously certified as eligible, shall at any time fail to continue to meet the conditions for eligibility stated above.

A. When a contract to abate a nuisance is to be awarded pursuant to Sections 3.30.040 through 3.30.060 of this Code, the Bureau of Buildings shall prepare specifications for the contract and forward said specifications to the City Purchasing Agent. The City Purchasing Agent shall notify eligible contractors of the specifications and interested contractors may submit sealed bids on the contract. A contract shall be awarded to the eligible contractor submitting the lowest and best bid, provided, however, that the Director, Bureau of Buildings, may in his discretion reject any bid.

B. For common work assignments, contracts shall be awarded for service districts within the corporate limits of the City of Portland. The boundaries and number of the service districts shall be set by the Director, Bureau of Buildings, in his discretion. Contracts for the service districts shall be awarded on an annual basis for each calendar year. Bids for contracts shall set forth unit prices for each type of work set forth in the specifications.

C. Separate contracts shall be awarded for work which does not come within the specifications of a contract for common work assignments.

1. The contractor shall abate the nuisance within 10 days of the issuance of each work order;

2. All work performed shall be in accordance with all provisions of the City Code and applicable laws;

3. Upon completion of work performed to the satisfaction of the Director, Bureau of Buildings, and the Commissioner In Charge, the City shall pay the contractor the bid price for the performance of nuisance abatement service;

4. In the event of conditions beyond the control of the contractor (such as adverse weather or inaccessibility of the property), the Bureau of Buildings may allow or require the contractor additional time in which to abate the nuisance;

5. In the event the nuisance is not abated within 10 days from the issuance of the work order, unless additional time has been granted or required in writing by the Bureau of Buildings, the work order may be cancelled by the Bureau of Buildings and the contractor shall be entitled to no payment for any work performed thereunder;

6. In the event of failure by the contractor to comply with the specifications of a contract, the Director, Bureau of Buildings, may, in his discretion, terminate the contract in whole or in part. In the event of termination, the contract may, in the discretion of the Director, Bureau of Buildings, be awarded to the next lowest and best bidder or bid anew.

1. Building Regulations. For the purposes of this section shall mean any City Code Title listed in 3.30.010, or any other safety or health statute, ordinance, regulation, rule, standard or order the Director is authorized to enforce.

2. Property. Real property and all improvements or structures on real property, from property line to property line.

B. Warrants. Whenever an inspection is necessary to enforce any of the provisions authorized by this Title, or whenever the Director has reasonable cause to believe that there exists in any building or upon any property any condition which makes such property substandard as defined in any building regulations, the Director may request any Circuit Court judge to issue an inspection warrant for the inspection or investigation of any building or upon any property as required or authorized by City Code or by statute. The inspection warrant is an order authorizing a safety or health inspection or investigation to be conducted at a designated building or property.

1. Affidavit. An inspection warrant shall be issued only upon cause, supported by affidavit, particularly describing the applicant's status in applying for the warrant, the statute, ordinance or regulation requiring or authorizing the inspection or investigation, the building or property to be inspected or investigated, and the purpose for which the inspection or investigation is to be made including the basis upon which cause exists to inspect. In addition, the affidavit shall contain either a statement that entry has been sought and refused or facts or circumstances reasonably showing that the purposes of the inspection or investigation might be frustrated if entry were sought without an inspection warrant.

2. Cause. Cause shall be deemed to exist if reasonable legislative or administrative standards for conducting a routine, periodic or area inspection are satisfied with respect to any building or upon any property, or there is cause to believe that a condition of nonconformity with any building regulations, as that term is defined in this Title, exists with respect to the designated property, or an investigation is reasonably believed to be necessary in order to discover or verify the condition of the property for conformity with any building regulations

1. Examination. Before issuing an inspection warrant, the judge may examine the applicant and any other witness under oath and shall be satisfied of the existence of grounds for granting such application.

2. Issuance. If the judge is satisfied that cause for the inspection or investigation exists and that the other requirements for granting the application are satisfied, the judge shall issue the warrant, particularly the person or persons authorized to execute the warrant, the property to be entered, and the purpose of the inspection or investigation. The warrant shall contain a direction that it be executed on any day of the week between the hours of 8:00 a.m. and 6:00 p.m., or where the judge has specially determined upon a showing that it cannot be effectively executed between those hours, that it be executed at any additional or other time of the day or night.

1. Occupied Property. Except as provided in subsection 2. of this section, in executing an inspection warrant, the person authorized to execute the warrant shall, before entry into the occupied premises, make a reasonable effort to present the person's credentials, authority and purpose to an occupant or person in possession of the property designated in the warrant and show the occupant or person in possession of the property the warrant or a copy thereof upon request.

2. Unoccupied Property. In executing an inspection warrant on unoccupied property, the person authorized to execute the warrant need not inform anyone of the person's authority and purpose, as prescribed in subsection 1. of this section, but may promptly enter the designated property if it is at the time unoccupied or not in the possession of any person or at the time reasonably believed to be in such condition. In such case a copy of the search warrant shall be conspicuously posted on the property.

3. Police Assistance. In issuing an inspection warrant, the judge may authorize any peace officer, as defined in Oregon Revised Statutes, to enter the described property to remove any person or obstacle and assist the building inspector or representative of the bureau inspecting the property in any way necessary to complete the inspection.

4. Return. An inspection warrant must be executed within 10 working days of its issue and returned to the judge by whom it was issued within 10 working days from its date of execution, unless such judge before the expiration of such time extends the time. After the expiration of the time prescribed by this subsection, the warrant unless executed is void.

There is hereby established a Bureau of Licenses, which shall replace the Business License Division and perform all functions previously performed by the Business License Division. The Bureau of Licenses shall consist of the Business Licenses Manager and such other subordinate employees as may be provided by the Council. Subject to the ordinances of the City and review by the Council, the Business Licenses Manager shall have the power to grant and refuse licenses. Unless otherwise provided by ordinance, the Business Licenses Manager shall enforce and collect all license fees. The Bureau of Licenses shall keep a comprehensive file or index of all licenses granted and of all revocations and may make reasonable rules and regulations not in conflict with the ordinances of the City governing the form and sufficiency of applications for licenses. The Business Licenses Manager and his deputies and assistants shall by virtue of their positions have full police authority in the performance of their duties.

The Bureau of Purchases and Stores shall consist of the Purchasing Manager who shall be in charge, and other such employees as the Council may provide. The Bureau of Purchases and Stores shall be made up of a Purchasing Section, a Stores Section, and a Property Warehouse.

The Purchasing Manager shall be responsible for the functions of the Purchasing Agent under the Charter or general law and shall act as Purchasing Agent in all matters requiring action or signature of the Purchasing Agent.

The Property Warehouse shall be responsible through the City’s Purchasing Agent, for the receipt and disposal of all City surplus equipment, both capital and noncapital, personal and real property, unclaimed properties, seized drugs and weapons.

The Purchasing Agent is the Property Control Director and Property Control Officer as used in other Chapters of the Code of the City of Portland.

Upon adoption of ordinances by the Cities of Gresham, Portland, and Multnomah County, a Housing and Community Development Commission, advisory to the jurisdictions participating in the Comprehensive Housing Affordability Strategy (CHAS), is established. The HCDC is designated as the primary public forum in which policy development, resource coordination, and civil leadership are provided to address the affordable housing problems throughout Multnomah County.

The mission of the HCDC is to increase the effectiveness of the public housing delivery system by providing coordination amount diverse public agencies which implement housing programs and by serving as a centralized liaison between those agencies and the governing bodies of the jurisdictions on issues regarding housing policy, goals, programs, and related allocation of public funds.

1. Develop and recommend countywide housing policy as embodied in the CHAS and guide the development of local housing policies in cooperation with the participating jurisdictions.

4. Review the activities of local planning and public works agencies for impacts on CHAS goals and make recommendations regarding the activities of these agencies.

1. Develop policy recommendations in accordance with CHAS priorities to guide the development of budgets and local priorities for affordable housing development.

2. Recommend the allocation of HOME, housing-related CDBG funds, and other flexible funds to appropriate jurisdictions.

3. Review public agency budgets and proposed work programs (including housing production goals) for consistency with the CHAS.

C. Resource and program development. Work closely with implementing agencies to identify and recommend ways to increase the supply and availability of affordable housing and necessary support services through new initiatives and programs.

1. Evaluate annually the effectiveness of housing programs in meeting CHAS goals.

2. Report annually to participating jurisdictions regarding performance of local housing programs to carry out the adopted CHAS. This annual report is to include recommendations as appropriate.

1. Establish formal linkages to service providers and specific groups and organizations through establishment of a resource network. The organizational structure of this network shall be outlined in the HCDC bylaws.

1. Improve access to public and private sources of financing for affordable housing initiatives. Sources of financing include banks, philanthropic institutions and other socially motivated entitlement funders, and bond issuing agencies.

2. Assist implementing agencies in developing a comprehensive technical assistance program to improve the capacity of local community development corporations to develop and manage low-income housing.

3. Foster housing production countywide by identifying opportunities to streamline the regulatory process.

4. Actively encourage the support, personal commitment, and participation of highly respected community leaders, including the Mayors, City and County Commissioners, and business leaders in furthering the community’s affordable housing agenda.

1. Foster awareness of and support for the jurisdictions’ legislative agenda to increase federal and state support for housing and supportive services.

2. Facilitate regional housing policy coordination with the Metropolitan Service District and other local governments.

3. Coordinate policy development with local housing and social service groups, including but not limited to the Community Action Commission, the Community Housing Resource Board, and the Commission on Aging.

H. Information and referral. Work with existing information and referral groups to establish a clear system for information and referral for developers, citizens, and supportive services providers.

A. The HCDC shall consist of 15 members. The City of Portland shall appoint 9 members. Multnomah County shall appoint 3 members. Membership appointment shall achieve a balanced citizen-based perspective embracing a high level of knowledge of and expertise in housing development, finance, management, social services, community affairs, and consumer interests. The appointment of members shall take into account the income, racial, ethnic, and cultural diversity of the community.

B. In addition, the Chair of the governing body or the Chief Executive Officer of the Portland Development Commission, the Housing Authority of Portland, and the Multnomah County Social Services Department, or their designees, shall hold non voting ex officio memberships on the Commission.

C. All appointments to the HCDC shall be for terms of three years. For the initial appointments, the following formula will be applied:

1. From the City of Portland, three members shall be appointment for a term of one year; three for a term of two years; and three for a term of three years.

2. From the City of Gresham, one member shall be appointed for a term of one year; one for a term of two years; and one for a term of three years.

3. From Multnomah County, one member shall be appointed for a term of one year; one for a term of two years; and one for a term of three years.

D. Members shall serve without compensation. However, jurisdictions may authorize reimbursement of the reasonable expenses of the members for carrying out the work of the HCDC.

E. The HCDC shall adopt rules of procedure (bylaws) necessary for the governance of its proceedings and election of its officers.

Staff shall be provided for the ongoing functions of the HCDC according to funding agreements reached amount the participating jurisdictions. In addition, inter-agency agreements shall be established for a network of liaison staff representing the key implementing and policy agencies as deemed necessary for the HCDC to carry out the duties enumerated in Section 3.38.030 of this Chapter.

All city boards, bureaus, and agencies of any kind shall cooperate with the HCDC and shall provide information at the Commission’s request.

(Amended by Ordinance No. 163837, Feb. 6, 1991.) The Bureau of General Services is hereby created and shall operate under the direct supervision of the Director of General Services and such subordinate staff as the Council may direct. The Director shall coordinate and control all administrative, fiscal and technical activities relating to the internal services provided in the areas of facilities, fleet, communication, printing and distribution services and other services the Council may assign for the Bureau. The Director shall be responsible for the financial planning and fund management for the Fleet Services Operating Fund (Section 5.04.180), the Facilities Services Operating Fund (Section 5.04.185), the Communication Services Operating Fund (Section 5.04.190), and the Printing & Distribution Services Operating Fund (Section 5.04.200).

(Amended by Ordinance No. 163837, effective Feb. 6, 1991.) In order to provide Council authorized services, the Director of the Bureau of General Services shall have the specific authority to:

A. Determine if any authorized service may be provided by bureau staff or by outside vendors. All City bureaus and all City agencies shall use the services of General Services for all services cited in Sections 3.40.010 and 3.40.030, unless otherwise directly authorized by Council.

B. In cooperation with the Bureau of Purchasing and Stores and the Office of Finance and Administration, determine if equipment may be purchased or leased and determine the needs and methods of financing.

C. Provide any authorized service to any other governmental agency through contract or billing agreements.

E. Establish policies, rules and regulations to implement services provided by the Bureau.

(Amended by Ordinance No. 163837, effective Feb. 6, 1991.) The Bureau of General Services shall provide the following services:

1. Provide property management services for the inventory, rental and in cooperation with the Bureau of Purchasing and Stores, the purchase, sale and replacement of city-owned real property.

2. Provide facilities maintenance services to City facilities, including but not limited to maintenance and repair of City buildings and their related equipment; and the administration of janitorial, maintenance and security contracts.

3. Provide architectural services including but not limited to architectural design, facilities planning, space planning, and project management of City capital projects.

1. Have in its inventory all City-owned, leased, or rented motorized vehicles, licensed trailers, and wheel-mounted equipment. This does not include fire-fighting apparatus, engines fixed in buildings, motorized tools, or boats. The Bureau shall operate the City’s maintenance and repair facilities now existing or in the future established for maintenance or repair of the above described fleet equipment.

2. Provide an efficient and effective fleet operation to enable City bureaus to carry our their respective missions. This responsibility includes, but is not limited to:

a. Managing the City fleet; including all vehicles, owned, leased or rented by the City;

e. In cooperation with the Bureau of Purchasing and Stores, the purchase, lease or rental of all City vehicles as defined above.

C. Communications services. The Bureau shall manage all radio, video, data communications and telephone systems and equipment owned by the City, except for computing and computer equipment. It shall:

1. Provide Citywide communications and electronic consulting for system planning and procurement; written estimates to user bureaus to assist in budgeting; and project management on large systems.

2. Provide all telephone services to City bureaus; coordinate with telephone vendors; order new facilities and equipment for City-owned or leased systems; plan telephone systems, and resolve all telephone problems.

3. Provide for the installation and repair of all City-owned radio, video, data communications and telephone systems and equipment; including but not limited to the management of vendor service on items repaired by outside contractors; and responsibility for the City’s complete electronic and communications inventory.

4. In cooperation with the Bureau of Purchasing and Stores, review and approve the purchase of all radio, video, data communication and telephone equipment, with the exception of computers and computing equipment.

5. Supervise the maintenance and repair of any and all radio and electronic equipment owned and operated by the City.

D. Printing and distribution services. The Bureau shall manage all reproduction, mail, distribution and copy services used by the City. The Bureau shall also be responsible for the equipment needed to provide these services. It shall:

1. Provide rapid, convenient reproduction, distribution and mail services, and provide advice and consultation on these services.

2. In cooperation with the Bureau of Purchases and Stores, review and approve requests for the lease or purchase of office copy machines.

3. Process U.S. mail and pick up and deliver interoffice mail, packages and equipment.

(Amended by Ordinance No. 162771, effective Feb. 14, 1990.) The Mayor and the Commissioner in Charge are authorized to execute on behalf of the City, agreements to rent or lease City-owned property that is being held for future City use; rental agreements for City-owned commercial property; renewal leases; or amendments to leases.

The Commissioner In Charge of the Bureau of General Services is authorized to request the City Attorney to proceed in court as necessary to enforce the provisions of any property rental agreement authorized by this Section.

During the terms of a contract presently existing between the City and Multnomah County whereby functions of the City’s Bureau of Insect Control are being performed by the County and all Bureau of Insect Control employees are now County employees, the Multnomah County Department of Medical Services shall perform the functions heretofore performed by the Bureau of Insect Control.

The Bureau of Computer Services, under the direct supervision of the Director of the Bureau of Computer Services, shall be responsible for providing all computer, computing system and computer related services needed by the City. The Bureau shall have such employees as the Council may provide. For purposes of this Section, the terms computer and computing system are defined as follows:

A. Computer. A data processor that can perform substantial computation, including numerous arithmetic or logic operations, without intervention by a human operator during the run.

B. Computing system. A central processing unit, with main storage, input/output channels, control units, direct access storage devices, and input/output devices connected to it.

The Bureau of Risk Management shall coordinate and control all administrative and technical activities relating to commercial and self-insurance, including without limitation property, workers’ compensation, liability, and subrogations. The Bureau shall have the authority to monitor and coordinate a Citywide loss prevention and control program as necessary to minimize potential property, liability, fidelity and personnel losses. In addition, the Bureau shall maintain records relating to commercial/self-insurance losses by the City or claims filed against the City and shall execute any claim or proof of loss for damage to City property.

A. The Risk Manager is hereby delegated authority to evaluate, approve or disapprove on such form as he finds necessary, on behalf of the City, all applications for self-insurance programs in lieu of commercial insurance requirements of contracts, permits, or any other legal documents of the City. Upon approval of a self-insurance program, the contract, permit or other legal document that is the subject of an application is automatically amended, subject to the approved form being filed with the City Auditor or such other bureau as may be charged with keeping the records, to substitute such approved self-insurance program for the commercial insurance requirements of the contract, permit, or other legal document, without further action by the Council.

B. Workers’ Compensation claim administration procedures within the City generally shall be based on the guidelines of the Oregon Workers’ Compensation Board and the rules and regulations embodied in ORS Chapter 656. These procedures include the authority to settle a “bona fide disputed claim” subsequent to an appeal of the employee’s claim against the City in accordance with ORS 656, 283 or 656.289. The settlement procedure shall be as follows. The Risk Manager shall make the initial recommendation to settle a bona fide disputed claim when appropriate to the administration of that claim. The Risk Manager will forward the recommendation to the Commissioner In Charge (or designated delegate) of the bureau in which the claimant was employed at the date of injury. The Commissioner In Charge may approve or disapprove the recommendation. The Risk Manager also shall give notice to the Commissioner In Charge of the Bureau of Risk Management that a recommendation to settle a bona fide disputed claim has been made. The City Attorney shall approve all offers of settlement as to form.

C. The Risk Manager is authorized to act on behalf of the City of Portland on all matters related to Workers’ Compensation not specifically delineated in Subsection (2). This authorization includes, but is not limited to:

2. The authority to authorize all payments in amounts required by law relating to a Worker’s Compensation claim.

3. The authority to engage legal counsel to appeal any adverse decisions regarding a Workers’ Compensation claim.

4. Subject to the provisions of City Charter Section 1-106 governing settlements, the Risk Manager, with the concurrence of the Personnel Director, is authorized to act on behalf of the City of Portland in the settlement of tort claims and court actions alleging employment discrimination and violations of civil rights.

D. The Risk Manager or designee is authorized to investigate complaints of discrimination filed with the Civil Rights Division of the Oregon Bureau of Labor and Industries, or the Equal Employment Opportunity Commission. Prior to initiation of tort claims and court proceedings, the Risk Manager or his designee is authorized to settle such complaints subject to the following provisions. During the investigation of complaints filed, the Risk Manager or designee shall be an agent of the Office of the City Attorney for purposes of representing the City.

1. The Risk Manager may, subject to the terms and conditions of City Code Section 3.18.020 3 a, b and c and 4, make settlements to such complaints in an amount not exceeding $5,000. The Risk Manager will file a report with the Council two weeks after the end of each month with respect to the settlements entered into pursuant to this Subsection.

2. Where a settlement agreement provides for payment claim in an amount in excess of $5,000, the settlement shall not be authorized to enforceable unless approved by the City Council by ordinance.

E. The Risk Manager is authorized to investigate and enter into settlements on fair and moral claims which are not covered by insurance, for which the Committee on Claims, under Chapter 3.72, has established guidelines for recommendations and potential reimbursement. However, in the event the guidelines are insufficient for the Risk Manager to determine whether to accept or deny the claim, or to determine the amount of reasonable reimbursement, the Risk Manager shall forward such claims to the Committee on Claims.

3.54.040 Loss Control and Prevention Advisory Committee - Responsibility and Authority.

(Amended by Ordinance No. 158966, effective Oct. 6, 1986.) Unless the context indicates otherwise, words used in this Chapter shall have the following meanings:

B. “Committee” means the Loss Control Advisory Committee, consisting of the Risk Manager as Chairperson, the Mayor and each Commissioner, the City Auditor, the City Attorney, the Director of the Office of Fiscal Administration, and the Personnel Director, or their designees.

C. “Loss Control Program” and “Program” mean a Citywide program consisting the loss control components of the City’s bureaus. “Loss control component” and “component” mean the written rules, regulations, and plan developed by each bureau and reviewed by the Committee, providing for both procedural and physical risk identification, measurement, and control in the bureau’s activities. Components may address any methods for loss prevention and control, including without limitation, accident reporting, accident review, hearing conservation, eye safety, respiratory protection, vehicular safety, industrial injuries and return to work, personal protective equipment, volunteer coverage, property loss management, and tort early warning.

(Amended by Ordinance No. 158966, effective Oct. 6, 1986.) The Bureau of Risk Management shall have the following responsibility and authority in the area of City loss control and prevention:

A. Develop guidelines, instructions, and a model plan to assist bureaus in developing loss prevention and control components;

B. On final review by the Committee of components submitted by the bureaus, file the City-wide program with the City Auditor and issue the program for implementation by affected bureaus;

C. Advise and assist affected bureaus in the implementation of components or parts thereof;

D. Monitor the effectiveness of components, and collect, analyze, and report annually to the Committee and City Council data showing the status of the components and the performance of bureaus implementing the components.

(Amended by Ordinance No. 158966, effective Oct. 6, 1986.) Each City bureau shall have the following responsibility and authority:

A. Develop a written loss control component which shall include detailed and specific objectives, methods, and techniques for preventing injuries, illnesses, and other events leading to workers’ compensation, liability, and property loss claims;

B. Include in the component specific performance objectives to permit monitoring and reporting on the Bureau’s performance in reducing claims;

D. On completion of review by the Committee and approval by the Bureau of Risk Management, implement the component;

E. Annually review its component, make any appropriate revisions, and submit any revisions of the component to the Committee for its review.

3.54.040 Loss Control and Prevention Advisory Committee - Responsibility and Authority.

(Added by Ordinance No. 158966, effective Oct. 6, 1986.) The Loss Control and Prevention Advisory Committee shall have the following responsibility and authority:

A. In conjunction with bureau managers, develop and propose for approval by the City Council goals for each bureau or appropriate groups of bureaus for the frequency and severity of workers’ compensation and liability losses.

C. Review each component to ensure that it is appropriate, adequate, thorough, and consistent with components developed by other bureaus;

D. Suggest revisions, if appropriate, and return the component to the bureau for consideration or revisions;

E. Upon final review of components, provide them to the Bureau of Risk Management for approval and implementation by bureaus.

There is hereby established a risk management and industrial injury return-to-work policy for all workers’ compensation injuries occurring on or after January 1, 1978. The policy contains the following return-to-work procedures:

A. The injured employee not ready to return to regular duties because of medical restrictions will be provided sheltered employment by the bureau in which the employee was injured for a maximum of 60 consecutive calendar, full or part, days.

B. The employee base wage rate will be that which was being received prior to the injury.

C. The bureau may utilize the person to perform any assignment within the medical restrictions defined by the employee’s treating physician.

D. Prior to returning to work, the injured employee will have the treating physician complete the return-to-work release, which will specify the medical restrictions, if any.

E. Bureaus may request injured employees working under sheltered employment to update their medical restrictions weekly with the treating physician.

F. The injured employee must return to the regular pre-injury classification within 60 days or less.

G. Employees with injuries resulting in permanent disability rating from the Workers’ Compensation Board prohibiting return to regular work will be placed on jobs previously identified as full time sheltered employment, when available.

H. Representatives from Civil Service, Personnel, Risk Management and the affected unions and bureaus will identify jobs which may be established for sheltered employment. Employees presently filling the positions will be allowed to remain. Only as openings occur will jobs be available. Vacancies for sheltered employment positions will be filled based upon permanent disability limitations and seniority. Unfilled positions will be assigned to regular employees on a temporary basis until such time as needed by a qualified injured employee. Employees filling the permanent sheltered employment positions for medical reasons will be regularly reviewed to ensure the conditions for sheltered employment continue to exist.

A. The goal of this policy is to limit the City’s financial risk and to maximize the safety of drivers, passengers, and the public when vehicles are driven on City business. This policy covers only the driving of vehicles; it is not intended to cover the operation of the equipment.

B. Bureau managers are responsible for enforcing this policy, and shall ensure that all employees who drive are notified of these policies, and the potential consequences of violating these policies.

C. Unless otherwise provided by a collective bargaining agreement or noted herein, this policy defines the minimum standards for all City bureaus. Requests to deviate from this policy must be submitted in writing, reviewed by the Risk Manager, and approved by the Commissioner In Charge of the requesting bureau.

D. Nothing herein shall be construed to limit a bureau from setting higher standards as needed to meet the particular needs of that bureau.

Bureaus shall allow only qualified drivers to drive vehicles on City business. Bureaus shall ascertain that all of the following eligibility criteria are met before authorization to drive is granted to an individual.

A. Job Applicants. When any position which will require driving as an essential job function is being filled, the driving record of all applicants under consideration shall be evaluated. A record of moving violations and/or accidents should be considered in determining whether an applicant if an acceptable risk.

B. City Employees. A City employee must meet the following criteria in order to be allowed to drive on City business.

3. Possess the necessary license or certification if driving a large or otherwise unusual vehicle.

4. Successfully complete a City-provided defensive driving course or an outside defensive driving course approved by Risk Management within three months of receiving driving privileges, and every three years thereafter; and

5. If in possession of a Washington driver’s license, sign a release form allowing the City access to his/her motor vehicle records; and

a. Before assigning driving privileges or responsibility to a City employee who previously has not driven on City business, bureaus shall obtain and analyze the employee’s driving record in order to determine if the employee is an acceptable risk as a driver.

b. Upon assigning driving privileges or responsibilities to an employee, bureaus shall notify Risk Management. Risk Management shall monitor the employee’s driving record and notify bureaus when an employee’s record indicates the may be a need to take corrective action.

1. In addition of City employees, the following people can be allowed to drive vehicles on City business:

2. Drivers who are not city employees must meet the following criteria in order to be allowed to drive on City business:

c. Possess the necessary license or certification if driving a large or otherwise unusual vehicle.

3. Drivers who are not city employees, and use city vehicles regularly, shall be required to meet all the criteria for city employees established in 3.58.020 B.

The following responsibilities apply to anyone who drives any vehicle on City business:

A. Drivers shall inspect vehicles at the beginning of each shift or prior to each trip to ensure that the vehicles are in safe operating condition prior to their use.

B. Drivers shall comply with all applicable state and local driving laws and parking regulations, and all City and bureau safety policies and rules. All drivers and passenger shall wear seat belts when the vehicle is in motion.

C. Drivers shall be held personally responsible and liable for any parking tickets received while driving a vehicle on City business. Parking fines received on City vehicle shall be paid or otherwise resolved promptly by the driver. Drivers shall notify their supervisor with 48 hours of receiving a parking citation on a City vehicle.

D. Drivers shall be held personally responsible and liable for any moving violations received while driving a vehicle on City business. Drivers shall notify their supervisors by the beginning of the next work shift after receiving a moving violation while driving on vehicle on City business.

E. In the event of an accident, drivers shall immediately contact their supervisor, and, if driving a City vehicle, follow all instructions in the Vehicle Accident Reporting Kit, which shall be carried in the vehicle at all times.

F. A driver whose driver’s license has been suspended or revoked, shall immediately notify his or her supervisor.

G. Drivers shall ensure that any passengers who ride with them in a City vehicle, or in any vehicle while on City business, are authorized by Section 3.58.050. Drivers shall not transport passengers unless the passengers are wearing seat belts in accordance with Oregon Revised Statues.

A. City-supplied vehicles. The City provides vehicles for use by qualified drivers only to conduct official City business, and to maintain the ability to respond to City business outside the employee’s normal work hours when special equipment or tools are available in or on the vehicle. City vehicles shall not be used for personal business. Use of City vehicles to commute to and from work if prohibited, unless approved in advance according to official City policies.

1. The City allows use of privately owned motor vehicles to conduct official City business. A privately-owned motor vehicle must be a conventional, four- wheel, enclosed vehicle, and be in sound mechanical condition and adequate to provide safe transport. Vehicle equipment must conform to State of Oregon requirements. Registration must be current.

2. The driver of a privately owned motor vehicle must be insured against liability (person and property) in an amount not less that the minimum requirements of the State of Oregon. The driver’s insurance is primary with respect to bodily injury and property damage; the City’s insurance is excess. Use of privately-owned motor vehicles for official City business in violation of the automobile financial responsibility laws would be considered an exclusion under that tort statute as a wanton and willful disregard for statutory authority and thus be excluded from the City’s self-insured program.

3. The vehicle owner is responsible for any comprehensive and collision coverage the owner may elect to carry.

4. The owner of the vehicle shall notify his or her insurance carrier that the vehicle is being used regularly on City business. If the driver is not the owner, the driver shall notify his or her insurance carrier that the driver is driving a private vehicle on City business.

C. Out-of-town rental vehicles. The City provided excess liability coverage to supplement the coverage automatically provided by car rental companies; therefore, purchase of supplemental insurance from the rental company is unnecessary. Excess liability coverage, collision coverage deductibles, and other charges not covered by the car rental company insurance will not be paid by the City if an accident occurs when the vehicle is used outside the scope of City business.

Only authorized passengers are allowed to ride in City vehicles and other vehicles used for City business. Authorized passengers are:

A. Risk Management shall establish a Fleet Accident Review Board (FARB) to review accidents involving vehicles used to conduct City business to determine whether the accident was preventable by the driver, and to provide a report of its determination to the driver and the bureau. This FARB is responsible for reviewing accidents involving employees of bureaus which do not have their own FARB.

B. Each bureau may establish is own Fleet Accident Review Board (FARB). Bureaus may also join together to establish a common FARB to serve more than one bureau.

1. The driver shall have the right to appear at the time the accident is reviewed, although attendance is voluntary. The FARB shall not consider the presence or absence of a driver in making its determination.

2. A FARB member shall abstain from voting on a review of an accident which involves the member or an employee under the member’s direct supervision.

3. The FARB shall provide a written report to the driver, the driver’s bureau, and Risk Management summarizing the results and conclusions of its review.

4. Bureaus shall review an employee’s driving record following any accident determined by the FARB to be preventable, to determine whether any corrective action is necessary, and shall report the results of its review and any actions taken to Risk Management.

5. Risk Management shall advise each Commissioner of the disposition of those cases under the Commissioner’s jurisdiction on a quarterly basis.

6. Each FARB shall establish all other rules and bylaws, and provide the procedure for all matters for consideration or action by the FARB. The membership, procedures, and rules of each FARB must be approved by Risk Management.

(Amended by Ordinance No. 173369, effective May 12, 1999.) The Council finds that by the provisions of ORS Chapter 463 certain functions are to be performed by the Council and certain City officers; now, therefore, the City officials are hereby permitted and authorized to exercise the functions therein stated for and on behalf of the State as herein provided.

(Amended by Ordinance No. 153332, effective June 9, 1982.) There hereby is created an Advisory Committee to the Commissioner In Charge of the Portland Center for the Performing Arts to be known as the Performing Arts Center Advisory Committee. The Committee shall consist of 13 voting members who shall serve without compensation. The Commissioner In Charge shall appoint the members and shall designate the Chairman. Each member shall serve at the pleasure of the Commissioner In Charge. Upon completion for occupancy of all the facilities composing the Portland Center for the Performing Arts, the Performing Arts Center Advisory Committee shall be disbanded. In case of vacancy by death, incapacity to serve, or resignation, the Commissioner In Charge shall appoint a successor to serve the remainder of the vacant term. The Commissioner In Charge, or that person’s representative, shall be an ex officio member of the Committee, but shall not be entitled to vote.

The Performing Arts Center Advisory Committee shall establish its own rules, bylaws and provide the procedure for all matters for consideration or action by the Committee. The Committee shall hold meetings at the call of the Chairman.

The Performing Arts Center Advisory Committee shall be responsible for raising funds and advising the Commissioner In Charge in the planning, programming, design and construction phases of the Portland Center for the Performing Arts.

There hereby is created a Formal Japanese Garden Commission for the City. The Commission shall consist of the Mayor, the Commissioner In Charge of the Bureau of Parks, the President of the Japan Society of Oregon, the President of the Japanese Ancestral Society, the Japanese Consul, and 12 persons appointed by the Mayor. All appointments shall be by the Mayor for 3-year terms, provided, when an interim vacancy occurs the appointment shall be to fill the unexpired term of the position vacated. All members shall serve without compensation.

It shall be the duty of the Commission to formulate and submit to the City Council plans for the establishment, maintenance, improvement and promotion of a formal Japanese garden. The Commission shall submit to the Council, not less than every 6 months, a report of its progress and recommendations. The Commission may form subcommittees, appoint unpaid advisors, hold public hearings, encourage the interest of other organizations in its objectives, and engage in similar activities which in its judgment may assist it in making recommendations and promoting the plan, establishment, maintenance and improvement of a formal Japanese garden that will be an attraction enjoyed by the people of Portland and their guests.

Each year an annual meeting shall be held. Each Commission member shall serve until the annual meeting of the year in which his term expires, or thereafter until his successor is appointed and qualified. Not less than three interim meetings shall be held each year in addition to the annual meeting. The Chairman of the Commission shall designate the time and place of the annual and interim meetings and the Secretary of the Commission shall give not less than 5 days advance notice thereof to each Commission member.

A Chairman, Vice Chairman and Secretary shall be elected at each annual meeting of the Commission from among its members. All Commission officers shall serve until the annual meeting next following their election, or thereafter until a successor is elected.

Rules of procedures may be adopted and amended only upon an affirmative vote of eight or more Commission members. Election of officers, removal of members, and regular business of the Commission shall be passed upon by the majority of a quorum. Not less than eight members shall constitute a quorum. Each member shall be entitled to one vote.

Death, resignation, removal or inability to serve shall constitute a vacancy in the Commission. The Commission may remove any member for cause. Unexcused absence from four consecutive Commission meetings shall constitute cause for removal.

There hereby is created a Pittock Mansion Advisory Commission for the City, to which the Mayor, Commissioner In Charge of the Bureau of Parks, and Superintendent of Parks shall be ex officio members. The Commission shall otherwise consist of nine members appointed by the Mayor. The Mayor shall initially appoint two members for 1 year, three members for 2 years, two members for 3 years, and two members for 4 years. Thereafter all appointments shall be by the Mayor for 4-year terms, provided, when an interim vacancy occurs the appointment shall be to fill the unexpired term of the position vacated. All members shall serve without compensation. The term of each such appointment shall be extended as necessary so that the term ends November 1.

(Amended by Ordinance No. 154194; repealed by Ordinance No. 167733, effective June 1, 1994.)

Upon request of the Commission, the Mayor may appoint one or more special committees to serve the Commission in an advisory capacity. Secretarial services and office requirements shall be furnished to the Commission by the Bureau of Parks.

(Amended by Ordinance No. 154194; repealed by Ordinance No. 167733, effective June 1, 1994.)

Officers of the Commission shall consist of a Chairman, Vice Chairman, Secretary and Treasurer, elected from its membership at the organizational meeting and at each annual meeting thereafter. All Commission officers shall serve until the annual meeting next following their election or thereafter until a successor is elected.

Rules of procedure may be adopted and amended only upon an affirmative vote of six or more Commission members. Election of officers, removal of members, and regular business of the Commission shall be passed upon by the majority of a quorum. Not less than five members shall constitute a quorum. Each member shall be entitled to one vote.

A. Created. A Committee to be known as the “Committee on Claims” is hereby created for the purpose of considering fair and moral claims against the City not covered by insurance and making recommendations concerning the claims to the City Council.

B. Members. This Committee shall consist of two members of the City Council appointed by the Mayor, one of whom shall be designated Chairman, and the City Auditor. The Risk Manager shall meet with the Committee, without power of vote, and serve as Secretary.

(Amended by Ordinance No. 163439, effective Sept. 5, 1990.) All fair and moral claims against the City shall be presented to the Risk Manager. Presentation to the Risk Manager shall for all legal purposes be regarded as presentment to the Council of the City. Nothing contained herein shall be construed as repealing or modifying any of the provisions of Sections 1-106 and 1-107 of the Charter.

(Amended by Ordinance No. 163439, effective Sept. 5, 1990.) The Risk Manager shall investigate and process all fair and moral claims against the City. The Risk manager shall present to the meeting of the Committee on Claims all facts and evidence gathered. The Committee shall make a recommendation on all claims presented and the same shall be transmitted to the Council for their consideration and final decision.

Each of the following employees shall be required to take an oath of office before entering upon the discharge of his duties, which oath shall be subscribed by the person taking it and shall be filed and preserved in the office of the Auditor;

A. Every officer and member of the Bureau of Police, including private, special, temporary, and substitute policemen;

B. Each officer and member of the Bureau of Fire serving on full time and devoting his labor exclusively to the interests of the City; and

C. Each elected or appointed officer or deputy of the City, including members of boards and commissions.

(Amended by Ordinance No. 168343, effective Jan. 7, 1995.) The form of oath to be taken by the elected officials of the City before entering upon the discharge of their duties shall be substantially as follows:

I , (name), do solemnly (affirm or swear) I will support the Constitutions of the United States and the State of Oregon; Charter of the City of Portland and its laws; I will faithfully, honestly and ethically perform my duties as (Mayor/Commissioner/Auditor); I have no undisclosed financial interest in any business located in Portland or having contracts with the City; I hold no other office or position of profit; and I am not a member of any partisan political committee (; so help me God).

The oath of the Auditor shall be administered by a person having statutory authority under the laws of Oregon to administer oaths.

(Amended by Ordinance Nos. 139501 and 168343, effective January 7, 1995.) The form of oath to be taken by appointed City officials shall be substantially as follows:

I, (name), do solemnly affirm I will support the Constitutions of the United States and of the State of Oregon, the Charter of the City of Portland and its laws; I will faithfully, honestly and ethically perform my duties as (office) during my continuance therein.

The wording of the oath may vary, as officials are sworn according to the ceremonies of their own religion or in such manner as each deems binding on his or her conscience.

The oath may be administered by the Auditor, deputy auditor, a notary public, or a magistrate of any court of record in the United States, within their respective jurisdictions. Whenever the oath is administered by a person other than the Auditor or deputy, the credentials of the person administering the oath shall appear thereon, and the oath shall be sent immediately to the Auditor, who shall attest to receipt of the oath.

3.76.050 Duties of the Managers of City Departments, Agencies, Bureaus, Offices, Commissions, Boards and Public Corporations.

A. “Agency” means a department, bureau, office, commission, board, public corporation or other organizational unit created by the Council of the City of Portland.

B. “Record” means any document, paper, book, letter, drawing, map, plat, photograph, photographic file, motion picture film, microfilm, microphotograph, exhibit, magnetic or paper tape, punched card, or other document of any other material, regardless of physical form or characteristic, developed or received in connection with the transaction of official business and preserved or appropriate for preservation by an agency as evidence of the organization, function, policies, decisions, procedures, operations or other activities of the City of Portland or because of the informational value in them. The term does not include library and museum material developed or acquired and preserved solely for reference or exhibition purposes, extra copies of documents preserved solely for convenience of reference, or stocks of publications.

C. “Public” means all records created or received by the City of Portland in the course of official business. These records are public property and are subject to records management requirements established by this Code.

The purpose of this Chapter is to provide for the orderly management of current public records and to preserve non-current public records of permanent value for administrative, legal, and research purposes. (Repeals City Code 3.76 and Ordinance 144378 and 146843.)

3.76.030 Archival and Records Management Program Creation and Administration.

The City Auditor shall maintain an archival and records management program for the City, and shall be the official custodian of the City’s archival resources. The City Auditor shall designate a records management officer who is qualified by special training and experience in archival and records management work to administer a City archives and records management program.

In order to carry out the archival and records management program, the records management officer shall:

A. Acquire and receive public records of permanent value from departments, agencies, bureaus, offices, commissions, boards, and public corporations of the City of Portland when those records are no longer necessary for conducting current business;

B. Acquire, receive, appraise, and secure all public records for areas annexed from a county or special district or from a defunct agency of the City of Portland;

C. Negotiate for the acquisition and return of public records of the City of Portland which have been taken from its possession, or provide for the reproduction of records removed from its custody, or provide information concerning the location of these records if they have been maintained in a safe and usable manner and are available for public use, or recommend to the City Auditor action to recover City records removed from its jurisdiction without authorization;

D. Prepare inventories, indexes, catalogs, and other finding aids or guides to facilitate the use of the permanent records collection;

E. Analyze, develop and provide written standards and procedures for current record keeping;

F. Establish procedures for City agencies regarding the identification, segregation, and protection of records vital to continuing operations to comply with the City’s emergency preparedness policies;

G. Establish procedures for City agencies with regard to microfilm applications to enhance retrieval of information, ensuring that the benefits derived exceed the cost of the activity;

H. Establish procedures for the preparation of records descriptions and develop records retention schedules which meet the requirements of Oregon Administrative Rules, provide for the safe retention of City records of permanent value, and for the prompt and orderly disposition of City records for which the state archivist has granted authority to destroy because they no longer possess administrative, legal, or research value to warrant their retention;

I. Prepare records retention schedules for review by the City Auditor and City Attorney and for approval by the state archivist;

J. Prepare an annual report as requested by the City Auditor on the condition of the City’s archival resources and the management of current records.

3.76.050 Duties of the Managers of City Departments, Agencies, Bureaus, Offices, Commissions, Boards, and Public Corporations.

The manager of each City department, agency, bureau, office, commission, board, or public corporation shall:

A. Make and preserve public records containing adequate documentation of the organization, functions, policies, decisions, procedures and essential transactions of the agency which are designed to furnish the information necessary to protect the legal and financial rights of the City and of persons directly affected by the agency’s activities;

B. Prepare and submit to the records management officer records retention schedules proposing the length of time records should be retained to meet agency needs;

C. Identify, segregate and protect records vital to the continuing operation of an agency in the event of natural or man-made disaster;

D. Ensure that at least two copies of each report, document, study, publication or consultant report prepared at City expense be deposited with the records management officer;

E. Notify the records management officer of records older than 25 years in the agency’s possession. Transfer control of records or provide for duplication of information as recommended by the records management officer;

F. Establish safeguards against unauthorized or unlawful removal, loss or destruction of City records;

G. Designate a mid-management employee to act as a liaison between the agency and the records management officer on all matters relating to the archives and records management program.

Records of the City of Portland shall be managed according to the provisions of Oregon Revised Statutes and of this Chapter.

Upon receiving approval from the state archivist, the records management officer will notify concerned agencies of the records retention and disposition schedules ready for implementation. At least thirty days before the disposal date, the records management officer will send the agency a destruction notice for records under records management control. Records will not be destroyed until final authorization is received. Records destruction will be carried out with appropriate safeguards for confidentiality.

A. A public officer performing duties under this Chapter is authorized to copy in any manner which produces a permanent, clear, accurate and durable reproduction of the original record. An original public record which is worn or damaged may be replaced by a reproduction made in accordance with this Chapter. Certification by the City Auditor, City Attorney, records management officer, or by the agency having custody of the record that the replacement is a true and correct copy of the original shall appear at the end of the reproduction. When original public records are reproduced and placed in conveniently accessible files and provisions are made for preserving and using them, the originals from which they were made may be destroyed.

B. Reproduction or replacement of records made under this Chapter are admissible in evidence as primary evidence of the original writing.

All records created or received by the City, except for those excluded by law, are available for inspection and copying by the public. The City may require that records use occur during certain business hours and at specified locations, and may charge fees to recover the cost of retrieval and copying.

(Amended by Ordinance No. 173369, effective May 12, 1999.) In all cases, past, present or future, in which an ordinance provides for the acquisition of park property from Multnomah County and where Multnomah County does not furnish an abstract or title insurance, the City Auditor is hereby authorized to draw and deliver a check in favor of Multnomah County for the amount to be paid for the deed from the county unless such ordinance indicates specifically a purpose to disregard this Chapter and thereupon the Auditor shall submit the matter to the City Attorney.

The City Attorney hereby is authorized to obtain a policy of title insurance covering any particular parcel or parcels of property purchased in the past or in the future from Multnomah County for park and playground purposes. The expense of such title reports shall be chargeable to the public recreational areas fund.

The City Attorney hereby is authorized to initiate and prosecute whatever legal action is necessary in his opinion to clear the title to any property covered by this Chapter and in any case, past, present or future, where he deems it necessary. Any expense incident thereto shall be chargeable to the public recreational areas fund.

Authority is hereby granted to accept and retain any property covered by this Chapter that has cloud on the title when and if the City Attorney renders an opinion that such cloud on title is not be deemed in imminent hazard.

It is unlawful for any person, who has been granted a special permit, whether under any special code or not, to continue to operate under the terms of the permit after the date on which the special permit, by its terms, expires. All persons to whom such a special permit has been granted by the Council shall come within the terms of this provision and comply herewith immediately after the expiration of the special permit by ceasing the operations allowed under the terms of the special permit.

Park property not needed by the City for development may be used by private parties for gardening purposes by obtaining a special permit. The bureau of parks is authorized to issue revocable permits for such purpose and shall impose such conditions as are necessary and advisable to protect the interests of the City.

All officers and employees, including the City Auditor, but not including the Mayor and City Commissioners, shall furnish a bond or bonds protecting the City against dishonesty, which bond or bonds shall be in the amount of $10,000 per employee, with a further bond or bonds written as excess in the amount of $40,000 per employee. Such bond or bonds shall run to the City, and the premium shall be paid by the City.

The City Treasurer shall furnish a bond conditioned upon the faithful performance of his duties in the sum of $100,000, which bond shall run to the City and the premium shall be paid by the City.

The Auditor of the City shall furnish, in addition to the honesty bond provided above, a faithful performance bond in the sum of $50,000, conditioned upon the faithful performance of his duties, which bond shall run to the City and the premium shall be paid by the City.

(Amended by Ordinance No. 165594, effective July 8, 1992.) In addition to the requirements of ORS 813, accident reports shall be filed:

A. Whenever any motor vehicle belonging to the City, whether being operated by a City employee or not, becomes involved in an accident resulting in injury or death to any person or damage to the City vehicle or property of another, the operator of the City vehicle or the person to whom the vehicle is assigned or chargeable, shall, not later than the next normal day of business following the date of the accident, forward a complete written report of such accident, in triplicate, to the Bureau of Property Control upon forms furnished by the City. The Property Control Officer shall forward one copy of every report so filed, to the office of the City Attorney not later than the next normal day of business following the day of the filing;

B. Whenever the original report and duplicate is insufficient in the opinion of the Property Control Officer of the City Attorney, supplemental reports of accidents may be required of the person or persons chargeable therefor;

C. Whenever the driver of a vehicle involved in an accident is injured thereby so as to be incapable of making a required accident report and there was another City employee occupant in the vehicle at the time of the accident capable of making a report, such occupant shall make or cause the report to be made.

The Bureau of Property Control shall prepare or otherwise provide, and upon request supply to the various departments and bureaus of the City, forms for accident reports required in Section 3.84.010. The report shall call for sufficiently detailed information to disclose with reference to an accident involving a City owned motor vehicle, the cause, conditions then existing, and the persons and property involved.

The person in charge of the bureau repair shop to which is brought any motor vehicle which shows evidence of having been involved in an accident, shall report in writing to the Bureau of Property Control not later than the next normal day of business after such motor vehicle is received, giving the City property number of such vehicle, department, and a general description of the damage.

Every City owned motor vehicle damaged as defined in the subdivision (1) of Section 3.84.010 shall be removed to the municipal shop for repairs as soon as conveniently possible following the accident, but in no event more than 7 days thereafter; provided, however:

A. That no vehicle shall be repaired without prior authorization of the Commissioner In Charge of the bureau to which the vehicle is assigned, or his authorized representative, except in the event of emergency whereupon the said Commissioner shall be notified within 72 hours of all such work done; and

B. In no event shall any vehicle be repaired by other than a City owned and operated repair shop unless and until the Purchasing Agent of the City shall have first obtained at least three independent estimates of cost of repair, and in such event the repair work shall be awarded to the lowest responsible bidder.

No request for billing of charges for repair of motor vehicles damaged as defined in this Chapter shall be forwarded to the Auditor as in Section 5.48.040 provided, until the validity thereof based upon determination of liability shall have first been approved by the City Attorney.

(Amended by Ordinance No. 169770, effective Mar. 8, 1996.) There hereby is created an advisory committee to the Commissioner In Charge of the Bureau of Parks to be known as the Golf Advisory Committee, consisting of not less than five nor more than eight voting members who shall serve without compensation. The Commissioner In Charge shall appoint the members of the Committee, the members to serve for a term of 2 years. The Commissioner In Charge or his/her representative shall be an ex officio member of the Committee.

(Amended by Ordinance No. 169770, effective Mar. 8, 1996.) The Golf Advisory Committee shall establish operating rules, bylaws, and procedures for all matters for consideration or action by the Committee, subject to the approval of the City Attorney. The Committee shall hold meetings at such time as is set by the body and at any other time at the call of the Committee Chair.

(Amended by Ordinance No. 169770, effective Mar. 8, 1996.) The Golf Advisory Committee duties shall include, but not be limited to advising the Commissioner-In-Charge regarding the following areas: Golf Program budget review, review of the golf Program’s Capital Improvement Program; review of golf concession contracts and proposals; review of the development, and monitoring of, the Golf Program’s Strategic Plan, the marketing of the municipal Golf System; maximization and use of Golf System revenue. The Committee shall make an annual written report to the Commissioner-In-Charge, and to the Council.

There hereby is created an advisory committee to the Commissioner In Charge, the Director of the Office of Finance and Administration and the city Treasurer to be known as the Investment Advisory Committee. The Committee shall consist of a minimum of three public members who shall serve without compensation. The Commissioner In Charge, with approval by the Council, shall appoint the public members of the Committee to serve for 2-year terms that are renewable. The Dept Manager shall be an ex officio member of the Committee. In case of the resignation, death or inability to serve of any member, the Commissioner may appoint a successor to serve out the unexpired term subject to approval by the Council.

(Amended by Ordinance No. 167877, effective July 6, 1994.) The Investment Advisory Committee shall establish its own rules, bylaws and provide the procedure for all matters for consideration or action by the Committee. The Committee shall hold at least three meetings per year at such times as is set by the body and at any other time at the call of the Chair. The Office of Finance and Administration shall provide clerical staff.

(Amended by Ordinance No. 167877, effective July 6, 1994.) The Investment Advisory Committee shall advise the Commissioner In Charge, the Director of the Office of Finance and Administration, the City Council and the City Treasurer of the City on: investment policies and investment practices of the City; maximum bank balances to be maintained by the City; and such other investment matters as the Commissioner in Charge of the Office of Finance and Administration, the City Council or the Director of Finance and Administration may request.

(Amended by Ordinance Nos. 141934 and 148242, effective Sept. 4, 1979.) There is hereby established an Office of Management Services with a Director of Management Services in charge and such subordinate employees as the Council may provide. The Director of Management Services shall be appointed by the Mayor subject to Council confirmation. Termination of said directorship shall be by majority vote of the Council. Under the Office of Management Services shall be the Bureau of Management and Budget, the Bureau of Financial Affairs, the Bureau of Risk Management, the Bureau of Personnel, and the Bureau of Computer Services. The Office of Management Services shall have jurisdiction over and provide centralized management services for assisting in the areas of management-oriented budgetary processes and controls, administrative and financial systems analysis, procedures, developments, financial planning, cost-to-benefit evaluation, loss prevention, loss control, self-insurance employee and labor relations, training, affirmative action and other personnel functions.

(Amended by Ordinance No. 141934, effective Sept. 4, 1979.) Assignment of the Office of Management Services by the Mayor to any department shall automatically assign the Bureau of Management and Budget, the Bureau of Financial Affairs, the Bureau of Risk Management, Bureau of Personnel, and the Bureau of Computer Services.

The Bureau of Management and Budget, under the direct supervision of the Budget Officer, shall establish standard procedures for presentation, administration and appraisal of the budget; shall outline fiscal programs, estimate revenues, control expenditures and compute tax levies; shall keep the public officials apprised of the fiscal condition of the City; and shall prepare management studies.

(Amended by Ordinance Nos. 148242 and 173369, effective May 12, 1999.) The Bureau of Financial Affairs, under the direct supervision of the Finance Officer, shall coordinate and control the operation of financial activities of City government. It shall contain the following divisions.

A. Division of Finance Officer. The Division of Finance Officer shall consist of the Finance Officer, who shall be under the direct supervision of the Management Services Director, and such other employees as the Council may provide. The Finance Officer shall be appointed in the manner set forth in the Charter of the City of Portland, Oregon, for appointment of the City Treasurer and the Purchasing Agent. The Finance Officer shall be responsible for the functions of the City Treasurer and the Purchasing Agent under the Charter or general law and shall have the general supervision of the Business Licenses Division, the Treasury Division, the Purchases and Stores Division, the Property Control Division and the Administrative Accounting Division.

B. Business Licenses Division. The Business Licenses Division shall consist of the Business Licenses Manager and such other subordinate employees as may be provided by the Council. Subject to the ordinances of the City and review by the Council, the Business Licenses Manager, and in his absence the Finance Officer or the Management Services Director, shall have power to grant and refuse licenses. Unless otherwise provided by the ordinance, the Business Licenses Manager shall collect and enforce all license fees. The Business Licenses Division shall keep a comprehensive file or index of all licenses granted and of all revocations and may make reasonable rules and regulations not in conflict with the ordinances of the City governing the form and sufficiency of application for licenses. The Business Licenses Manager and his deputies and assistants shall by virtue of their positions have full police authority in the performance of their duties.

C. Treasury Division. The Treasury Division shall be under the direct supervision of the Treasury Manager who shall perform the duties of the position referred to in the Charter as the Chief Deputy City Treasurer. The Treasury Division is hereby made the custodian of all bonds, checks or other securities now held or hereafter obtained by the City. Within the Treasury Division shall be an Assessment Collection Section. The Treasury Division shall receive, keep and invest monies that shall come to the City by taxation or otherwise and pay out the same as now or as may hereafter be provided by ordinance.

D. Purchases and Stores Division. The Purchases and Stores Division shall be supervised directly by the Purchasing Manager and shall be made up of a Purchasing Section and a Stores Section. The Assistant Finance Officer or the Purchasing Manager, in the absence of the Purchasing Agent, may act as Purchasing Agent in all matters requiring action or signature of the Purchasing Agent.

E. Administrative Accounting Division. The Division of Administrative Accounting, under the direct supervision of the Accounting Manager, shall keep the accounts of finances of City government; shall prepare for data processing the material appropriate for such input and retrieval; shall provide analysis and interpretation of information from data processing for use by various departments and bureaus in the City; and shall periodically transmit records of all accounts, books, documents and papers relating to the accounts and contracts of the City, its debts, revenues and other financial affairs to the City Auditor.

F. Property Control Division. The Property Control Division shall have jurisdiction and authority over the care and keeping of all property records of the City and shall provide for disposal of surplus City property through the City Purchasing Agent. It shall maintain a complete inventory containing a description and data with reference to original costs and value of all City property together with the location and use of all such property. It shall keep in like manner a supplemental inventory which shall include all properties in possession of the City for which title does not rest in the City and the inventory shall include properties in the possession of the City as a result of “match-fund” acquisition or in the possession of the City on a loan basis. In addition, the Property Control Division shall keep records relating to insurances and losses by the City or claims filed against the City and shall execute any claim or proof of loss for damage to City property. Any City employee charged with the care or having custody of any City property which is lost or stolen shall immediately, upon discovery that such property has been lost or stolen, report such loss or theft in writing to his bureau or division head. The bureau or division head shall, upon receipt of such report, immediately notify the Property Control Division in writing of such loss or theft. The Property Control Division shall make such investigation and report and recommendation as may be deemed appropriate.

(Amended by Ordinance Nos. 148242 and 165383, effective Apr. 29, 1992.) The Bureau of Personnel Services, under the direct supervision of the Personnel Director, shall coordinate and control all administrative and technical activities relating to maintenance of a comprehensive personnel system for the City, including the implementation of personnel policies, benefits and salary compensation plans, training and education programs, and representation of the City in labor contract negotiations. The Director is also authorized to serve as the Civil Service Board Secretary, if appointed to that position by the Board under Section 4-103 of the City Charter. The salary of the Director shall be reduced by an amount equal to that payable to the Civil Service Board Secretary, if the Director so serves.

(Added by Ordinance No. 141934, amended by 147021, effective Jan. 29, 1979.) The Bureau of Computer Services, under the direct supervision of the Director of the Bureau of Computer Services, shall be responsible for providing all computer, computing system and computer related services needed by the City. The Bureau shall have such employees as the Council may provide. For purposes of this Section, the terms computer and computing system are defined as follows:

A. Computer. A data processor that can perform substantial computation, including numerous arithmetic or logic operations, without intervention by a human operator during the run.

B. Computing system. A central processing unit, with main storage, input/output channels, control units, direct access storage devices, and input/output devices connected to it.

(Added by Ordinance No. 142702, effective Oct. 27, 1976.) An Employee Suggestions Program is established and shall be administered as follows:

A. A Suggestions Evaluation Committee to be appointed by the Mayor is created to consist of one Mayor’s Assistant, one Commissioner’s Assistant, the Budget Officer, the Personnel Director, and a Budget Task Force Chairperson.

B. The function of the Suggestions Evaluation Committee will be to formulate and promote a program which will give official recognition to employees’ suggestions. The Committee shall have authority to formulate rules and procedures concerning the processing of suggestions, granting of awards and all other matters pertaining to the implementation and operation of the suggestions program not specifically prescribed by this Section; the rules and procedures to be presented to the Council by report.

C. The certificate or award as may be established by the Committee shall be in addition to the employee’s regular pay, and is granted by the City on the condition that acceptance constitutes an agreement that the use by the City of Portland of the suggestion recognized by the certificate or award will not form the basis of a claim of any nature against the City of Portland, its officers, agents or employees by the employee, his heirs, executors or assigns.

The Bureau of Human Resources shall consist of a Director and such other employees as the Council may provide. The Bureau of Human Resources shall have responsibility for planning, coordination and administration of such social service and human resource programs as may be assigned to it by the Commissioner In Charge.

This Chapter sets out the basis for City recognition of neighborhood associations, district coalition boards, and the responsibilities and benefits accruing thereto; creates the Office of Neighborhood Associations and sets out its functions, duties and responsibilities.

Nothing in this Chapter shall limit the right of any person or group to participate directly in the decision making process of the City Council or of any City agency.

As used in this Chapter the following terms have the meanings given them in this Section.

A. City agency. Includes all departments, bureaus, offices, boards and commissions of the City of Portland.

B. Neighborhood association. A group of people organized for the purpose of considering and acting upon any of a broad range of issues affecting the livability and quality of their neighborhood. A neighborhood association may be “recognized” by the City. A recognized neighborhood association is one which meets the minimum standards of this Chapter and applicable guidelines adopted by the Office of Neighborhood Associations.

C. District coalition board. The geographically defined neighborhood-based contracting agent with the City, which serves as an information resource for citizens and a provider of citizen participation and crime prevention services. It is primarily composed of persons selected by member neighborhood associations and such other persons as are provided for in the board’s bylaws.

In order to be eligible to receive City assistance that is provided for in this Chapter, neighborhood associations shall meet those guidelines adopted by the Office of Neighborhood Associations including but not limited to the provisions regarding membership, boundaries, grievances and dissent.

A. Make recommendation(s) concerning a particular action, policy or other matter to any City agency on any topic affecting the livability of the neighborhood, including but not limited to land use, housing, community facilities, human resources, social and recreational programs, traffic and transportation, environmental quality and public safety;

C. Review items for inclusion in the City budget and make recommendations relating to budget items for neighborhood improvement; and

D. Undertake to manage projects as may be deemed appropriate by the neighborhood association to benefit their neighborhood.

The Office of Neighborhood Associations may choose to administer services to neighborhood associations through district coalition boards. In order to provide efficient delivery of services to neighborhood associations, a district coalition board shall:

A. Facilitate communication between citizens and government; provide training and orientation, information and support services to neighborhood associations within the coalition;

B. Administer contractual funds, develop a budget, and operate a neighborhood office in accordance with guidelines established by the Office of Neighborhood Associations; and

C. Promote citizen participation in all efforts which contribute to neighborhood livability within the prescribed geographic area of the coalition.

A. All neighborhood associations shall be required to give reasonable notice to affected persons of neighborhood association elections and planning efforts prior to the commencement of those actions.

B. Neighborhood associations shall abide by all applicable statutes, rules and regulations, both municipal and state, regulating open meetings and public records.

C. Neighborhood associations shall include affected City agencies in discussion when engaged in planning efforts which affect neighborhood livability and shall cooperate with City agencies in seeking outside sources of funding for neighborhood projects affecting neighborhood livability.

A. City agencies shall notify all neighborhood associations affected by planning efforts or other actions affecting the livability of the neighborhood(s).

B. City agencies shall include affected neighborhood associations and district coalition boards in planning efforts which affect neighborhood livability.

C. Notice of pending policy decisions affecting neighborhood livability shall be given to the neighborhood association(s) affected at least 30 days prior to final action on the decision by a City agency. If said 30-day period may injure or harm the public health, safety, welfare, or result in a significant financial burden to the City, this notice provision shall not apply.

There is hereby established and created an Office of Neighborhood Associations, which shall consist of a Director and such other employees as the Council may from time to time provide. In order to facilitate citizen participation and improved communication between citizens, neighborhood associations, district coalition boards and the City, the Office of Neighborhood Associations shall:

A. Notify interested persons of meetings, hearings, elections and other citizen participation events;

B. Assist neighborhood associations and district coalition boards and others in planning and developing programs for citizen participation, crime prevention, dispute resolution and citizen budget review;

C. Act as an information clearinghouse and resource to neighborhood associations, citizens or other groups;

D. Promote and facilitate open communication among City agencies, neighborhood associations and district coalition boards;

E. Support and promote citizen involvement within the neighborhood association framework;

F. Adopt and revise such guidelines as are deemed necessary for the implementation of this Chapter and for orderly citizen participation in City government through neighborhood associations and district coalition boards. In so doing, the Office of Neighborhood Associations shall involve neighborhood associations and other interested citizens as necessary.

A. Any neighborhood association meeting the minimum standards established by 3.96.030 is entitled to and may request assistance from the Office of Neighborhood Associations in the performance of its functions.

B. If a neighborhood association violates or fails to continuously meet the minimum standards contained in this Chapter, the Office of Neighborhood Associations may suspend partial or all assistance to that neighborhood association until such time as it achieves compliance.

C. Open and fair grievance procedures shall be established for handling complaints made against a neighborhood association, district coalition board or the Office of Neighborhood Associations.

(Amended by Ordinance Nos. 143364, 149583, 157639, 168911, and 172488 effective July 22, 1998.)

A. There hereby is created a Towing Board of Review, hereinafter referred to as the Board, consisting of eight voting members and two nonvoting members. A quorum of the Board shall consist of five voting members.

B. The voting members of the Board shall be: the Business License Director or an appropriate designee; the Executive Director of the Port of Portland or appropriate designee; the Chief of Police or an appropriate designee; the Traffic Engineer or appropriate designee; the Sheriff of Multnomah County or an appropriate designee; and three members of the general public with no affiliation with the towing industry, appointed by the Mayor, subject to confirmation by the City Council to serve for a period of 2 years. The Mayor shall designate one of the eight voting members to serve as the Chair, who shall so serve at the Mayor’s pleasure.

C. The two nonvoting members shall be representatives of the towing industry appointed by the Mayor to serve for 1 year subject to confirmation by the Council.

D. All members of the Board shall serve without pay, except that they may receive their regular salary during the time spent on matters of the Board. A vacancy on the board shall be filled in accordance with the appointment procedures described above.

E. If any member of the Board is absent from more than three regularly scheduled meetings of the Board during a single calendar year, without having notified the Chair in advance of such absence, such member shall be deemed to have resigned from the Board and the position shall thereafter be vacant and subject to appointment.

The Towing Board of Review shall establish its own rules and bylaws, and provide the procedure for all matters for consideration or action by the Board.

(Amended by Ordinance Nos. 153508 and 157639, effective July 25, 1985.) The Bureau of Licenses shall provide staff and appropriate assistance for the Board.

A. The Board shall determine the terms and content of the contracts the City will abide by in contracting for dispatching and towing services.

B. The Board is empowered to hold public hearings to establish a fair rate of payment to be received for service performed under the various towing contracts and to determine the payment each towing company shall make to the dispatcher for services rendered.

(Amended by Ordinance No. 153508, effective Aug. 2, 1982.) The Towing Board of Review shall establish the terms, conditions, and contents of the City towing contracts, and the terms, conditions, and methods of selecting towing companies eligible for such contracts and able and willing to perform in accordance with the terms thereof, and shall certify to the Council the towing companies thereby eligible for a towing contract with the City.

The Board shall be responsible for reviewing the performance of the City’s towing service contracts and to recommend to the Council any changes it feels necessary to promote the general purpose of establishing fair and equitable arrangements for the performance of tows requested by City personnel and the board shall be empowered to act on behalf of the City to:

A. Oversee the operation of and inspect the equipment and personnel qualifications of all parties contracting with the City for towing or dispatching service to determine if they are in compliance with their contracts; and hear and investigate complaints regarding the City’s towing contracts and the performance thereof.

B. Establish dispatching district boundaries and lists of towing companies within each district eligible to be dispatched for tows:

a. The number and location of towing companies certified by the board as eligible for City towing contractors, and;

b. That the purpose of establishing districts is to ensure that a tow truck shall be available in the minimum amount of time possible and no later than 30 minutes after request for tow is received; and a motorist whose vehicle is towed shall have to travel the minimum possible distance to recover his vehicle;

2. The Board is authorized to establish separate district boundaries if necessary for the dispatching of tows to be performed under different forms of contracts.

(New Section substituted by Ordinance No. 170282, effective June 19, 1996). Any towing company directly affected by an action of the Board may appeal to the Code Hearings Officer, pursuant to provisions of Chapter 22.10 of this Code under the following circumstances:

A. The towing company’s contract with the City has been revoked or suspended by the Towing Board of Review;

B. The towing company has been directed by the Towing Board of Review to pay a civil penalty; or,

C. Against whom the Towing Board of Review has otherwise elected to impose Contract remedies.

3.100.005 City Policies Relating to Equal Employment Opportunity, Affirmative Action and Civil Rights.

(Substituted by Ordinance No. 165383; amended by Ordinance No. 171993, effective February 11, 1998.) The City of Portland has a compelling governmental interest in prohibiting discrimination in programs, activities, services, benefits and employment whether carried out by the City itself or through a contractor with whom the City arranges to carry out its programs and activities. In addition to provision found elsewhere in this Code, provisions relating to equal employment opportunity, affirmative action and civil rights are specifically to be found in Chapter 4.02 and Chapter 23.01. The City of Portland’s policies and programs relating to affirmative action are contained in its annual Affirmative Action Plan. Individual City bureaus may have specific programs designed to further the broad goals of equal employment opportunity, affirmative action and civil rights. It is unlawful to discriminate on the basis of race, religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation or source of income in programs, activities, services, benefits, and employment whether carried out by the City of Portland, directly or through a contractor or any other entity with whom the City of Portland arranges to carry out its programs and activities except as allowed by federal law, rules and regulations.

A. Equal Opportunity Employer. An “Equal Employment Opportunity Employer” (“EEO Employer”) is one who does not engage in the discrimination prohibited by Section 3.100.005 of this Code and who is certified by the Bureau of Purchases as an EEO Employer.

B. Contracts with EEO Employers. The City has a compelling governmental interest to ensure that it is neither an active nor passive participant in legally prohibited discrimination. Therefore, the City will award contracts only to EEO Employers and will require that any subcontract to such contract be awarded to an EEO Employer. Any person, vendor, contractor, or entity of any type must be certified as an EEO Employer in order to be eligible to be awarded any contract from the City, unless the amount of all their contracts with the City total less than $2,500 in any single fiscal year or unless the contractor has been exempted from such requirements as determined by the Bureau of Purchases. As used in the Code provisions regarding EEO Employers, the term “contractor” shall include all persons, contractors, vendors and entities who are required to obtain certification. In addition, all persons, vendors or entities that wish to be subcontractors on City awarded contracts shall be certified as EEO Employers unless the total of their subcontracts is less than $2,500 in any single fiscal year or unless the subcontractor has been exempted from such requirements as determined by the Bureau of Purchases.

C. Contracts Voidable. Any contract between the City and a contractor who is not EEO certified or exempt from EEO certification requirements is voidable at the option of the City, regardless of whether the contractor was EEO certified when the contract was awarded or executed. Similarly, a contract is voidable if the contractor subcontracts a portion of the work to a subcontractor or supplier that is not EEO certified or exempt from EEO certification requirements.

(Added by Ordinance No. 171418, effective July 23, 1997.) The Bureau of Purchases is delegated the authority to adopt rules and regulations to establish criteria for certification, conditional certification, decertification, revocation, suspension and denial of EEO status to Contractors and Subcontractors, to administratively implement this program, to investigate complaints of prohibited discrimination, to conduct compliance reviews, and to establish rules of procedure it deems necessary in order to discharge its duties.

(Added by Ordinance No. 171418, effective July 23, 1997.) Contractors and Subcontractors shall provide all information requested by the Bureau to assist it in performing its duties under Section 3.100.042 of this Code.

(Added by Ordinance No. 171418, effective July 23, 1997.) If the Bureau of Purchases receives a complaint filed by any person or entity that alleges prohibited discrimination by a Contractor or Subcontractor, or when information comes into its possession indicating that a Contractor or Subcontractor may have engaged in prohibited discrimination, the Bureau may conduct a Compliance Review to determine whether the complaint or the information is correct. The purpose of the Compliance Review is to determine whether an EEO Certification should be revoked or suspended or whether a request for certification or recertification should be denied.

A. Actions by Bureau. The Bureau may deny, suspend or revoke an EEO certification of the contractor or subcontractor if:

1. Employs a workforce that shows underutilization of minorities and women, as reflected by their availability in the workforce, and thereafter fails to take positive steps to diversify its workforce after notification from the Bureau that such steps are required to maintain the EEO certification. Underutilization determinations shall be based on federal Title VII standards including the “Four-Fifths Rule” and “Manifest Imbalance” concepts;

3. Refuses to provide information to the Bureau of Purchases to determine whether it should be EEO certified or recertified;

4. Refuses to provide information when the Bureau is conducting a Compliance Review;

5. Intentionally provides false information to the Bureau in regard to its EEO certification or in response to the Bureau’s request for information; or

B. Appeal. EEO certification that has been denied, suspended or revoked may be appealed to the City Council by filing a written notice with the City Auditor within 10 days after the date of denial, suspension, or revocation. Action on such appeal shall be as directed by the City Council.

C. Enforcement. If no appeal to the City Council is filed within the time allowed, or if the appeal is denied by the City Council, the decision of the Bureau immediately shall go into effect.

(Amended by Ordinance No. 150738, effective Dec. 13, 1980.) As used in this Section:

A. “Equal Opportunity” or “EO” means the concepts and practice of nondiscrimination on the basis of race, religion, color, national origin, sex, age or handicap in employment, purchasing, contracting, or utilization of firms or individuals on the basis of demographics as may be prescribed by grants awarded to the City of Portland by other governmental agencies.

(Amended by Ordinance No. 150738, effective Dec. 13, 1980.) The purpose of the Grant Equal Opportunity Compliance Program is:

A. To provide a uniform and consistent review of all equal opportunity and labor standard requirements associated with grants from other governmental agencies to the City of Portland.

B. To establish guidelines, instructions, uniform reporting formats, related administrative support, and assistance necessary to comply with grant equal opportunity requirements.

C. To provide a single, initial contact for grantor agencies and others seeking information about, or contact with, grantee bureaus or offices on EO matters.

(Amended by Ordinance No. 150738, effective Dec. 13, 1980.) Affected City agencies shall have responsibilities under this Section as follows:

A. Federal Grants Coordinator shall submit all grant applications to the Contract and Grants Compliance Division for determination of equal opportunity requirements. No grant application shall be submitted to the City Council unless the Contract and Grants Compliance Division has reviewed the applicable equal opportunity requirements and obligations.

Following the award of any grant, the Federal Grants Coordinator shall provide the Contract and Grants Compliance Division with copies of the grant and applicable related documents.

B. Contract and Grants Compliance Division shall serve as the point of contact for all communications relating to grant equal opportunity compliance, and shall review all grants as follows:

1. Pre-Application. Before any grant application is submitted to the grantor agency, the equal opportunity provisions shall be reviewed to determine compliance requirements. A report of such review shall be submitted to the Federal Grants Coordinator.

2. Post Award. Immediately after the award of any grant, the Contract and Grants Compliance Division shall advise the grantee bureau or office of applicable requirements and provide guidelines, instructions, forms, and assistance, as required to assist the bureau or office to implement compliance.

C. Grantee Bureaus or Offices. Shall be fully responsible for compliance with all equal opportunity requirements imposed by applicable grants. In the discharge of such responsibility, grantee bureaus or offices shall cooperate fully with the Contract and Grants Compliance Division including, but not limited to, accumulation of applicable data, preparation of suitable records, and submission of such records and forms as may be required.

(Amended by Ordinance No. 150738, effective Dec. 13, 1980.) The Contract and Grants Compliance Division shall monitor the program at appropriate intervals to assure compliance with requirements. Where difficulties are noted, recommendations shall be made to the appropriate bureau, office supervisor or project manager.

(Amended by Ordinance No. 150738, effective Dec. 13, 1980.) The Contract and Grants Compliance Division shall establish and maintain suitable rules and regulations for administration of the Grant Equal Opportunity Compliance Program.

(Amended by Ordinance No. 150738, effective Dec. 13, 1980.) As used in this Section:

A. “Minority” or “minorities” means Blacks, Hispanic Americans, Pacific Islanders, Asian Americans, American Indians, Aleuts and Eskimos.

B. “Members of Other Groups” (MOG) means members of other groups or other individuals than those specified in A above, found to be economically and socially disadvantaged by the Small Business Administration under Section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)). These MOGs shall also be eligible to participate in this program.

C. “Minority business enterprise” (MBE) means a business at least 50 percent of which is owned by minorities or, in the case of publicly owned business, at least 51 percent of the stock of which is owned by minorities and whose management and daily business operations are controlled by one or more such individuals.

D. “Female business enterprise” (FBE) means a business at least 50 percent of which is owned by females or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by females and whose management and daily business operations are controlled by one or more individuals.

(Amended by Ordinance No. 150738, effective Dec. 13, 1980.) The purpose of the Minority/Female Purchasing Program is to encourage and promote the sale of goods and/or services by minority and female business enterprises to the City of Portland. When such services are provided by federal funds encouraging or requiring MBE/FBE participation, the City shall take necessary action to comply with federal laws, regulations and contracting requirements.

(Added by Ordinance No. 150738, effective Dec. 13, 1980.) The designated Liaison Officer shall be the Purchasing Agent, who will be responsible for the day to day management of all elements of the program.

(Amended by Ordinance Nos. 150738 and 155018, effective Aug. 25, 1983.) The Contract and Grants Compliance Division of the Office of Fiscal Administration shall establish and maintain a current list of minority/female business enterprises, with indications of product and service areas. Such lists shall be consulted when requests for quotations for supply of goods and/or services are received.

(Amended by Ordinance Nos. 150738 and 155018, effective Aug. 25, 1983.) The Purchasing Agent shall advertise periodically in local publications (including the Daily Journal of Commerce, female and minority publications) that the City encourages bidding by MBEs and FBEs and that the City will assist such firms to understand and participate in formal bidding process.

(Amended by Ordinance Nos. 150738 and 155018, effective Aug. 25, 1983.) The Purchasing Grants Compliance Division shall develop and implement certification and review criteria for authorization of eligible MBE/FBE participants. Such certification shall be no less often than annually.

(Amended by Ordinance Nos. 150738 and 155018, effective Aug. 25, 1983.) The Purchasing Agent (Bureau of Financial Affairs) shall establish and maintain rules and regulations for administration of the Minority/Female Purchasing Program.

(Amended by Ordinance No. 167356, effective Feb. 9, 1994.) As used in this Chapter:

A. “Low income” means income at or below 60 percent of the area median income as determined by the State Housing Council based on information from the United States Department of Housing and Urban Development.

1. Which are either single or multi-family residential units and or properties which are not residential units but which will become occupied residential units through rehabilitation improvements or new construction and are intended for the exclusive occupancy by low income during the tax year for which approval of the application has been granted;

2. Which are owned, being purchased, or held under leasehold interest in the property which meet the standards of 3.101.030 B 1-2 by a charitable organization and non-profit corporation for the purpose of occupancy by low-income persons as described in 26 U.S.C. Section 501 (c) (3) or (4) as amended before December 1, 1984, pursuant to Chapter 108 Oregon Laws 1993;

3. Which the owner or leaseholder has met all eligibility requirements and made all required agreements described in this Chapter.

C. “Governing body” means the City of Portland, which for the purpose of this Chapter is the Bureau of Planning.

As used in this Chapter: “Eligible organizations” means only charitable non-profit corporations certified by the Internal Revenue Service of the federal government as a 501 (c) (3) or (4) organization which also provides housing for occupancy by low-income persons as defined by 3.101.010 in this Chapter. No other types of non-profit or for-profit organizations are eligible.

(Amended by Ordinance No. 167356, effective Feb. 9, 1994.) As used in this Chapter:

A. “Eligible property” as defined in 3.101.010 B 1-3 which meets all of the following criteria, pursuant to Chapter 108 Oregon Laws 1993, and other conditions of this Chapter shall be exempt from taxation:

1. The property is owned or being purchased by a corporation that is exempt from income taxes under 26 U.S.C. Section 501 (c) (3) or (4) as amended before December 1, 1984, pursuant to Chapter 108 Oregon Laws 1993;

2. Upon liquidation, the assets of the corporation are required to be applied first in payment of all outstanding obligations, and the balance remaining, in cash and in kind, to be distributed to corporations exempt from taxation and operated exclusively for religious, charitable, scientific, literary, or educational purposes or to the State of Oregon;

3. The property is occupied by low-income persons as defined in 3.101.010 A of this Chapter.

4. The property or portion of the property receiving the exemption is actually and exclusively used for the purposes described in 26 U.S.C. Section 501 (c) (3) or (4) as amended before December 1, 1984.

5. The exemption has been approved as provided in Section 3.101.040 and 3.101.050 of this Chapter.

B. For the purposes of this Chapter, pursuant to Chapter 108 Oregon Laws 1993, a corporation that has only a leasehold interest in property is deemed to be a purchaser of that property if:

1. The corporation is obligated under the terms of the lease to pay the ad valorem taxes on the real and personal property used in this activity on that property; or

2. The rent payable by the corporation has been established to reflect the savings resulting from the exemption from taxation.

A. To qualify for the exemption the corporation shall file an application for exemption with the Bureau of Planning acting on behalf of the City of Portland for each assessment the year the corporation wants the exemption. The application shall be filed on or before March 1 of the assessment year for which the exemption is applied for, except that when the property designated is acquired after March 1 and before July 1, the claim for that year shall be filed within 30 days after the date of acquisition. the application shall include the following information:

3. The number of units and the exempted amount of each property being applied for under this Chapter;

4. A description of the property for which the exemption is requested; And (e) through (h) and (2), pursuant to Chapter 108 Oregon Laws 1993 as follows:

5. A description of the charitable purpose of the project and whether all or a portion of the property is being used for that purpose;

7. A description of how the benefits in the case of leasehold interest in the eligible property accrue to the non-profit and its resident tenants;

8. A certification and declaration that income levels of low-income occupants are in accordance with 42 U.S.C. Section 1437 (a) (b) (2);

9. A declaration that the corporation has been granted an exemption from income taxes under 26 U.S.C. Section 501 (c) (3) or (4) as amended before December 1, 1984.

10. Any other information required by state law or local law or otherwise which is reasonably necessary to effectuate the purposes of this ordinance at the time the application is submitted.

1. That the applicant is aware of all requirements for property tax exemption imposed by this Chapter;

2. That the applicant’s property qualified or, upon completion of the rehabilitation improvements and subsequent occupancy by low income, will qualify for exemption at the time of application approval or within 30 days of the March 1 application deadline;

3. That the applicant acknowledges responsibility for compliance with the Code of the City of Portland regardless of whether the applicant obtains the exemption provided by this Chapter.

4. The applicant shall furnish other information which is reasonably necessary to fulfill the objectives of this Chapter.

C. The applicant shall verify the information in the application, in accordance with 3.101.040 B 1 through 3 above, by oath or affirmation.

D. Applicants for an exemption under this Chapter shall pay an initial application fee of $250. Applicants for annual renewal shall pay $50. The Bureau of Planning shall pay the County Assessor any reasonable cost incurred to process the exemption onto the tax rolls. In addition to paying the basic fee, the applicant may be required to pay other reasonable costs, which are incurred by the Bureau of Planning or the County Assessor in processing the application. The Bureau of Planning shall collect the additional payment, if any, and pay itself, the County Assessor, or any other City bureau an amount equal to the additional costs incurred. If the applicant is denied, the City shall retain that portion of the application fee attributable to its own administrative costs and shall refund the balance to the applicant.

A. Within 30 days after the March 1 deadline for the application and payment of the application fee, the Bureau of Planning shall approve or deny the application. The application shall be approved if the Bureau of Planning finds that the property is “eligible property” within the meaning of the paragraphs 1 through 3 of Subsection B of Section 3.101.010 of this Chapter, and that the applicant has submitted the application and paid the fees pursuant to Section 3.101.040 of this Chapter. An application not acted upon within 30 days shall be deemed approved in accordance with Oregon Chapter 108, Oregon Laws 1993.

B. If the application is approved, the Bureau of Planning shall send written notice of approval to the applicant at his or her last-known address within 10 days after approval.

C. If the application is denied, the Bureau of Planning shall state in writing the reasons for denial and send the notice to the applicant at his or her last known address within 10 days after the denial. The Bureau of Planning shall retain that portion of the application fee which is attributable to its own administrative costs and shall refund the balance to the applicant.

D. Upon denial by the Bureau of Planning, an applicant may appeal the denial to the City Council within 30 days after receipt of the notice of denial. Appeal from the decision of the Council may be taken as provided by law.

A. Applicants for property tax exemption must apply each year no later than September 1 in order to be qualified for property tax exemption for the following tax year.

C. Applications for property tax exemption under this Chapter shall apply to and may be approved for assessment years beginning on or after January 1, 1985, and before July 1, 2004.

A. Property for which an application for a property tax exemption has been approved under the provisions of this Chapter shall be exempt from ad valorem taxation for 1 year beginning January 1 of the year immediately following the calendar year in which exemption approval has been granted, when, pursuant to ORS 307.330, the property would have gone on the tax rolls in the absence of the exemption provided for in this Chapter. The exemption provided in this Section shall be in addition to any other exemption provided by law.

B. Applications for property tax exemption under this Chapter shall apply to and may be approved for assessment years beginning on or after January 1, 1985, but no later than January 1, 1994.

C. The exemption as provided by this Chapter shall apply to the tax levy of all taxing districts in the City of Portland in which property certified for exemption is located as long as the City of Portland has achieved the approval from such taxing districts whose governing boards agree to the policy of exemption, equal to 51 percent or more of the total combined rate of taxation on the property certified for exemption.

A. If, after a certificate of qualification approving the exemption has been filed with the County Assessor, the Bureau of Planning finds that non-compliance has occurred or that any provision of this Chapter is not being complied with, the Bureau of Planning shall give notice in writing to the owner, mailed to the owner’s last-known address, of the proposed termination of the exemption. The notice shall state the reasons for the proposed termination of the exemption and require the owner to appear before the Council to show cause at a specified time, not more than 20 days after mailing of the notice, why the exemption should not be terminated.

B. If the owner does not appear or if he or she appears and fails to show cause why the exemption should not be terminated, the exemption shall be terminated. A copy of the termination shall be filed with the County Assessor and a copy sent to the owner at the owner’s last-known address, within 10 days after its adoption.

C. However, if the City Council finds that the non-compliance was due to circumstances beyond the control of the owner, and that the owner had been acting and could reasonably be expected to act in good faith and with due diligence, the City Council may continue the exemption or some portion for the duration of the current application.

E. If no appeal is taken as provided in Subsection D of this Section, or upon final adjudication, the county officials having possession of the assessment and tax rolls shall correct the rolls in the manner provided for omitted property under ORS 311.207 to 311.213, to provide for the assessment and taxation of any value not included in the valuation of the property during the period of exemption prior to termination by the Council or by a court, in accordance with the findings of the Council or the court as the assessment year in which the exemption is to terminate. The County Assessor shall make the valuation of the property necessary to permit correction of the rolls, and the owner may appeal the valuation in the manner provided under ORS 311.207 to 311.213. Where there has been a failure to comply, as provided in Subsection A of this Section, the property shall be revalued beginning July 1 of the calendar year in which the non-compliance first occurred. Any additional taxes becoming due shall be payable without interest if paid in the period prior to the 16th day of the months next following the month of correction. If not paid within such period, the additional taxes shall thereafter be considered delinquent on the date they would normally have become delinquent if the time extended on the roll or rolls in the year or years for which the correction was made.

(Amended by Ordinance No. 167356, effective Feb. 9, 1994.) The Bureau of Planning shall establish procedures and prepare forms for immediate implementation and administration of this Chapter in order to accept applications prior to the March 1 filing deadline imposed by Chapter 108 Oregon Laws 1993.

3.102.100 Sunset of the Exemption for Owner-Occupied Rehabilitation and New Single-Unit Residences in Distressed Areas.

(Amended by Ordinance Nos. 164769, 170667, 171887 and 171977, effective February 4, 1998.) As used in this Chapter:

A. “Distressed area” means those areas of the City designated by rule by the Bureau of Planning in consultation with the Portland Development Commission, and the Bureau of Housing and Community Development that meet the requirements set out in ORS 308.450 (1).

B. “Rehabilitation Improvements” means modifications to existing structures which are made to achieve a condition of substantial compliance and which may include new construction as part of the overall project.

C. “Substantial compliance” means compliance with Title 29, “Housing Regulations.” It shall not mean that all heating, plumbing and electrical systems be replaced with systems meeting current standards for new construction.

D. “Eligible property” means land and the improvements that meet all of the following criteria:

1. It is either a single or multifamily residential unit or it is not a residential structure but it will be converted to residential units through rehabilitation improvements and a change of occupancy permit;

a. On property which is 25 years of age or more on January 1, 1986, sums were expended after September 13, 1975 and prior to July 1, 2008 for the purpose of making rehabilitation improvements and which sums in the aggregate equal or exceed ten percent (10%) of the true cash value of the land and improvements as reflected in the last equalized assessment roll preceding the application date; or

b. On property, regardless of age, sums have been expended after January 1, 1990 for making rehabilitation improvements and which sums in the aggregate equal or exceed fifty percent (50%) of the cash value of the land and improvements as reflected in the last equalized assessment roll preceding the application date.

3. The property provides not less than 50 percent of their accommodations for residential and not transient occupancy;

4. The improvements fail to be in substantial compliance at the time the application is filed; and

a. The unit was newly constructed on or after January 1, 1990 and prior to July 1, 2003;

E. “Owner’s equity,” as used in Subsection 3.102.060 D, means the greater of either:

1. Equity invested in the subject property including the owner’s original cash equity at the time of acquisition and development plus additional cash outlays to the project to cover capital improvements and fund operating deficits. Routine maintenance and repair expenses which are funded from operating reserves as well as depreciation shall not be counted towards owner’s cash investment; or

2. Current appraised value less current indebtedness of the property. The Development Commission shall determine owner’s equity based on information provided by the applicant.

F. “Reasonable return,” as used in Subsection 3.102.060 D, means a ten percent return on equity.

A. Any person desiring to apply for an exemption under the terms of this Chapter shall submit an application to the Portland Development Commission. Each applicant shall pay a non-refundable fee as provided below:

2. Multi-unit dwellings (occupancy classification RI); $300 plus $5.00 for each dwelling unit in excess of two;

3. Plus a sum equal to the estimated appraisal costs to be incurred by the Assessors Office to the Portland Development Commission concurrent with the submission of the application, the applicant also being liable for all additional costs incurred by the City or County due to the processing of the application for exemption. The application will include provisions so that the applicant can acknowledge:

a. That the applicant is aware of all requirements for limited assessment imposed by this Chapter;

b. That the applicant’s property qualifies or, upon completion of the rehabilitation improvements or new construction, will qualify for limited assessment;

c. That the applicant agrees, if the structure is not a newly constructed single-unit residence and is intended to be owner-occupied, to negotiate through the Portland Development Commission rental rates to be charged for the rehabilitated rental units during the period of limited assessment; and

d. That the applicant acknowledges responsibility for compliance with the Code of the City of Portland regardless of whether the applicant obtains the assessment provided by this Chapter.

B. The applicant shall furnish other information which is reasonably necessary to fulfill the objectives of this Chapter. The application shall be assigned an application number.

A. Within 90 days after receipt of a completed application and payment of all appropriate fees, the Commission shall approve the application if the Portland Development Commission finds that the property is eligible property. Written notice of approval shall be sent to the applicant at his or her last known address within 10 days of approval, and shall verify the structure’s noncompliance, and specify what rehabilitation improvements must be completed in order that the property be in substantial compliance.

B. For a newly constructed single-unit residence, the Portland Development Commission shall determine whether the location is within a distressed area at the time of application and may approve an application for limited property tax exemption for an eligible structure constructed prior to July 1, 2003 within a distressed area. Construction must begin while the area is designated as distressed in order to qualify.

1. The Portland Development Commission shall also determine that the new single-unit residence will have a market value, including the cost of the land, of no more than 120 percent of the median sales price of single family homes located within the city. Such price shall be determined by the Bureau of Planning as provided by Section 3.102.090 D.

2. The issuance of building permits shall indicate compliance with the Code of the City of Portland and shall be sufficient to meet the public benefits and design standards as described in ORS 458.010 (4)(b)(c). All other required city reviews that are applicable shall not be waived as part of an application for property tax exemption.

3. The approval shall be in the form of a resolution that shall contain the owner’s name and address, a description of the property or the assessor’s property account number and the specific conditions upon which the approval of the application is based. The resolution shall direct the County Assessor to exempt the “structure from ad valorem taxes as provided in Section 3.102.060 C, pending approval of the certificate of qualification by the Portland Development Commission as provided in Section 3.102.050. A single resolution listing all approved properties and submitted annually for Council consideration before each upcoming tax year shall be sufficient to meet this requirement.

C. If the application is denied, the Portland Development Commission shall state in writing the reasons for denial, and send it to the applicant within 10 days of denial. An applicant may appeal the denial to the City Council within 30 days after receipt of notice of denial.

A. Before approval of an application for nonowner-occupied rehabilitated structures, an applicant shall execute an Affordability Agreement with the Portland Development Commission, designating the number of units, their bedroom size and rents to remain affordable during the term of the limited assessment. Designated units shall be occupied by and rented at rates affordable to tenants with household income of 60% of median family income or less. At least 20% of the units in a project containing five or more units, 100% of the units in case of a single family house, 50% of the units in a duplex, 30% of the units in a triplex, and 25% of the units in a fourplex shall be affordable. The applicable median incomes and monthly rental rates are determined annually by the Portland Development Commission based on data annually reported by the U.S. Department of Housing and Urban Development.

B. The Affordability Agreement shall require the applicant to report annually to the Portland Development Commission the property’s occupancy information, rental rates, and related property information which is deemed necessary to monitor compliance during the period of limited property tax assessment. Annual reports are to be filed with the Portland Development Commission no later than 60 days following the end of the fiscal year used by the owner for the purpose of reporting federal income tax.

C. At the Portland Development Commission’s option, the Affordability Agreement may be recorded or secured by a covenant against the property receiving limited property tax assessment. The benefit of this limited property tax assessment may be transferred to a new property owner for the remaining term of the limited assessment provided the new owner executes a new Affordability Agreement with the Portland Development Commission.

D. Should the applicant receive other City of Portland funds or benefits requiring a similar Affordability agreement, the more restrictive agreement shall be used to determine compliance with this ordinance.

(Amended by Ordinance Nos. 164769, 170667 and 171977, effective February 4, 1998.)

A. Upon completion of the rehabilitation improvement or the new construction, the applicant shall file with the Portland Development Commission an application for a certificate of qualification and, in the case of a rehabilitated structure intended to be nonowner-occupied, a copy of the Affordability Agreement required by 3.102.040.

B. Within 30 days of receipt of the application, the Portland Development Commission shall determine whether the property qualifies for limited assessment under this Chapter. Approval shall be given if one of the following alternatives is satisfied:

1. The rehabilitation improvements were completed within two (2) years from the date of application for limited assessment; and

c. The new structure is completed and complies with the code of the City of Portland.

C. A copy of the certificate of qualification shall be sent to the applicant, and filed by the Portland Development Commission with the Assessor within 20 days. In addition, copies of the application for limited assessment; the notice of approval; the Affordability Agreement (if appropriate); the Resolution of approval (if appropriate); and the application for a certificate of qualification shall also be filed with the Assessor and shall be numbered with the applicant’s application number, and shall be delivered in a single transmittal.

D. If it is determined that the rehabilitation or new construction was not completed within two (2) years of application date or the property is otherwise not qualified for the limited assessment provided for under the terms of this Chapter, the Bureau shall so state in writing, and send this determination to the applicant within 40 days of the receipt of the application for a certificate of qualification. An applicant may appeal the denial to the City Council within 30 days of the mailing of the notice required by this Subsection.

A. As provided by ORS 308.459, eligible rehabilitated property shall be assessed at no more than its assessed value as it appears in the last equalized assessment roll next preceding the date on which the application for limited assessment is filed with the Bureau as provided for in 3.102.020. If the certificate of qualification is filed with the Assessor after June 30 but prior to August 1, the limited assessment shall apply with respect to the first assessment roll equalized after August 1; if the certificate of qualification is filed after August 1 but prior to July 1, the limited assessment shall apply as of the following July 1, and shall continue to apply thereafter for a total of 10 consecutive assessment rolls.

B. As provided by ORS 308.456 (4), the limited assessment provided by this Chapter does not apply to increases in assessed valuation made by the assessor or by lawful order of a County Board of Equalization, the Department of Revenue or a court, to a class of property throughout the county or any specific area of the county to achieve the uniformity of assessment or appraisal required by ORS 308.232.

C. As provided by ORS 458.020, a newly constructed single-unit structure, exclusive of the land on which it is built, shall be exempt from ad valorem taxation for no more than 10 successive years beginning July of the year immediately following the calendar year in which application is approved under Section 3.102.040 of this Chapter. The exemption provided by this Chapter shall be in addition to any other exempt] on provided by laws for the property. However, the amount of assessed value exempted under this Chapter shall not exceed the true cash value of the structure determined as of the date that the property is inspected for purposes of making a determination under this Chapter.

D. If all residential units in a multiple-unit housing project are subject to a low income rental assistance contract with an agency of the state of federal government, an exemption provided under the terms of this Chapter may be extended beyond the 10 year limitation set in Subsection A above to December 31 of the assessment year during which the termination date of the contract falls. The Development Commission staff shall review all applications for extension. Approval by the Development Commission staff shall be based on findings that:

1. The applicant has made reasonable efforts to obtain approval from the appropriate government agency for an increase in the allowable contract rent. Evidence of reasonable efforts shall include documentation showing contact with appropriate agencies and attempts to obtain written responses from the agency indicating their decision regarding modification of the rental contract.

2. The loss of the exemption will cause an increase in operating expenses to the extent that operating income for the property will be insufficient to cover operating expenses plus a reasonable return on the owner’s equity in the projects. The evaluation of these criteria will be based upon projected average annual income and expense requirements over the extension period; and

3. The tax exemption is necessary in order to prevent displacement of low- and moderate-income tenants or less of a low- and moderate-income housing resource.

E. The Development Commission staff, as part of the approval process under Section 3.102.060 D, may require an independent financial audit of the previous ten year tax abatement period as well as forecasts for the requested extension period. If the annual financial statements submitted by the applicant are found to be incomplete and inaccurate, the applicant will be responsible for audit fees. A denial of an extension requested under 3.102.060 D may be appealed to the City Council. The appeal shall be filed within 30 days of the date of the mailing of the notice denying the extension.

F. In order to maintain an exemption granted under Section 3.102.060 D the applicant, a least every three years, shall make reasonable efforts as defined in Section 3.102.060 D 1 to obtain increases in the allowable contract rents and submit documentation of such evidence to the Development Commission staff.

G. The Development Commission staff shall review the applicant’s compliance with the conditions set forth in Section 3.102.060 D every five years. If the average annual rate of return to the period exceeds a reasonable rate of return as defined in Section 3.102.010 F, the exemption shall terminate. An applicant may appeal a termination to the City Council within 30 days of the date of the mailing of the notice to terminate.

A. Within 60 days following the end of the fiscal year as used by the owner for purpose of reporting federal income tax and during the period that the certificate is in effect, the owner of the rehabilitated property that is nonowner-occupied shall file with the Portland Development Commission the following:

1. A statement of occupancy and vacancy of the rehabilitated property curing the prior 12 month period; and

2. A statement of all rental rates, increases thereto and operating costs, during the prior 12 month period; and

3. An attestation by the owner that the rehabilitated property has been held continuously for the production of rental income since the date of the certificate of qualification.

4. A Rental/Occupancy Report listing each unit and the rental rate charged and identifying each affordable unit type based on the number of bedrooms and/or floor area, the rent charged, the occupant’s household size, the occupant’s household annual income, and whether utilities are include as part of the rental charge.

5. Any other information deemed necessary in determining compliance with the Affordability provisions of this ordinance.

B. Within 30 days of receiving the owner’s Rental/Occupancy Report, the Portland Development Commission shall advise the Assessor of whether to continue or terminate assessment limitation.

C. Should the property be regulated by another agreement regarding affordability and/or operating performance as conditioned by other public funds, the more restrictive agreement shall be used to determine compliance with the ordinance.

(Amended by Ordinance Nos. 170667, 171887, 171977 and 171999, effective February 18, 1998.)

A. If subsequent to the issuance of a certificate of qualification, it is determined by the City that the new construction was not completed on or before July 1, 2003 or the rehabilitation improvements were not completed on or before July 1, 2008, or that any other provision of this Chapter is not being complied with, the Portland Development Commission shall give notice in writing to the owner, mailed to the owner’s last known address, of the proposed termination of the limited assessment, stating the reasons therefore; and requiring the owner to appear before the City Council and show cause why the limited assessment should not be terminated. This hearing shall be held not more than 20 days after the mailing of the notice.

B. If the owner does not appear or if they appear and fail to show cause why the limited assessment should not be terminated, the limited assessment shall be terminated in writing. The termination shall be filed with the Assessor and a copy sent to the owner at the owner’s last known address within 10 days of the Council’s action.

C. However, if the City Council finds that the new construction was not completed on or before July 1, 2003 or the rehabilitation improvements were not completed by July 1, 2008, due to circumstances beyond the control of the owner, and that the owner had been acting and could reasonably be expected to act in good faith and with, due diligence, the City Council may extend the deadline for completion for a period not to exceed 12 consecutive months.

E. As provided by Subsection (4) of ORS 308.477, if no appeal is taken as provided in Subsection (4) of this Section, or upon final adjudication, the county officials having possession of the assessment and tax the rolls shall correct the rolls in the manner provided for omitted property under ORS 311.207 to 311.213, to provide for the assessment and taxation of any value not included in the valuation of the new construction or there habilitation improvements during the period of limited assessment prior to termination by the Council or by a court, in accordance with the findings of the Council or the court as to the assessment year in which the limited assessment is to terminate. The Assessor shall make the valuation of the property necessary to permit correction of the rolls, and the owner may appeal the valuation in the manner provided under ORS 311.207 to 311.213. Where there has been a failure to comply, as provided in Subsection A of this Section, the property shall be revalued beginning July 1 of the calendar year in which the noncompliance first occurred. Any additional taxes becoming due shall be payable without interest if paid in the period prior to the 16th day of the month next following the month of correction. If not paid within such period, the additional taxes shall thereafter be considered delinquent on the date they would normally have become delinquent if timely extended on the roll or rolls in the year or years for which the correction was made.

F. Should termination be requested by the owner pursuant to a declaration presented to the Assessor for conversion to condominium ownership under ORS 100.110, a penalty shall be imposed in accordance with ORS 308.479(1)(C) unless a waiver is approved under the following conditions:

1. The property is subject to a rental or affordability agreement as described under 3.102.040.

2. Based on the most recent rental rate statement filed by the owner, the rental rates of all units are equal to or greater than 125% of the Section 8 fair market rent, adjusted for unit size, as established and periodically adjusted by the Secretary of Housing and Urban Development. For unit sizes or types not included in the published fair market rents, the Portland Development Commission shall establish a schedule to determine applicable rents. Such schedule shall be based on comparable square footage for types of units not specifically identified in the HUD published schedule. In addition, for unit sizes or types not included in the published fair market rents, the City Council may establish an alternative method of determining compliance with this paragraph 2.

3. The property owner files a written request with the Portland Development Commission for a waiver of this subsection between six months before and six months after the declaration is submitted to the Assessor for approval under ORS 100.110; and

4. The City Council approves the request. The City Council shall grant the waiver if the reported rents equal or exceed the allowable rents during the preceding 12 calendar months.

G. Any person desiring to apply for a waiver under subsection F shall submit an application to the Portland Development Commission. The applicant shall furnish information requested by the Portland Development Commission which is necessary to make a determination that the conditions described in subsection F have been satisfied. Within 90 days after receipt of a completed application and payment of all appropriate fees, the City Council shall approve the application if the City Council finds that the property satisfied the conditions described in subsection F. Written notice of decision shall be sent to the applicant at his or her last known address within 10 days of the decisions.

A. The Bureau of Planning shall be the agency responsible for designating distressed areas. The Portland Development Commission and Community Development shall be consulted in the designation process. The designation of such areas shall occur in the form of a public hearing conducted before the City Planning Commission through a legislative process appealable to City Council. If there is no appeal, the decision of the Planning Commission shall be final. The Bureau of Planning shall make available maps indicating current distressed areas. The designation of the first distressed areas shall be conducted as nearly as possible in conjunction with the adoption of this ordinance implementing tax exemption in such designated areas. From the date of the first designation, a review of the areas for possible amendment of the boundaries of the distressed areas shall occur at least every three years.

B. The criteria for designating distressed areas shall include a consideration of the following factors:

1. The area is primarily a residential area of the city which is detrimental to the safety, health and welfare of the community by reason of deterioration, inadequate or improper facilities; the existence of unsafe or abandoned structures, including but not limited to a significant number of vacant or abandoned single or multi-family residential units; or any combination of these or similar factors; and,

2. The incentive of limited property tax exemption in a distressed area will help to carry out adopted policies, or area-wide or district plans of the city related to housing or neighborhood revitalization.

C. At no time shall the cumulative land area within the boundaries of distressed areas exceed 20 percent of the total land area of the city.

D. The Bureau of Planning shall also establish the price limit of newly constructed single-unit residences eligible for the limited property tax exemption as provided by this Chapter. The price limit shall not exceed 120 percent of the median sales price of single-family homes located within the city. The median sales price shall be determined, with assistance by the County Assessor, using the sales data collected under ORS 309.200 for the period ending the prior November 30 relative to single-family homes. In addition, the Bureau of Planning may use data made available by the real estate and construction or other appropriate industry. The median sales price shall be established by resolution prior to January 1 of each year during the effective time of this program.

3.102.100 Sunset of the Exemption for Owner-Occupied Rehabilitation and New Single-Unit Residences in Distressed Areas.

The purposes of this property tax exemption are to encourage the development of high density housing and mixed use projects affordable to a broad range of the general public on vacant or underutilized sites within walking distance of light rail or fixed route transit service, and to enhance the effectiveness of the light rail or fixed route transit system.

A. “Full funding agreement” means an agreement executed by the Federal Transit Administration or other U.S. governmental agency which contains the terms and conditions applicable to the approval of a light rail project and the grant of federal funds for that project, which includes construction of planned stations and other light rail facilities.

B. “Light rail station area” means an area defined, for the purposes of this Chapter, to be within a one-quarter mile radius of an existing or planned light rail station. A planned light rail station shall be defined as one that has achieved a full funding agreement.

C. “Multiple-unit housing” means newly constructed structures, stories or other additions to existing structures, and structures converted in whole or in part from other uses to dwelling units that meet the following criteria:

2. The structures must not be designed or used as transient accommodation, including but not limited to hotels and motels.

3. The structures must contain design elements benefiting the general public as specified in Section 3.103.040.

a. Enhance the effectiveness of the light rail or fixed route transit system by providing pedestrian connection to a light rail line or mass transportation system; and

b. Contain housing units with rental rates or purchase prices which are accessible to a broad income range of the general public; and/or

c. Provide alternative public benefits and design features which further the purposes of this Chapter as demonstrated by compliance with the provisions of Section 3.103.040.

D. “Pedestrian connection” means a continuous, unobstructed, reasonably direct route between two points that is intended and suitable for pedestrian use. Pedestrian connections include but are not limited to sidewalks, walkways, stairways and pedestrian bridges. On developed parcels, pedestrian connections are generally hard surfaced. In parks and natural areas, pedestrian connections

may be soft-surfaced pathways. On undeveloped parcels and parcels intended for redevelopment, pedestrian connection may also include rights-of-way or easements for future pedestrian improvements.

E. “Transit oriented area” means an area defined in a local transportation, community, neighborhood or other local or regional plan to be within one-quarter mile of a fixed route transit service including bus lines.

A. The property tax exemption permitted by this Chapter is intended to benefit projects that emphasize:

1. The development of vacant or underutilized sites rather than sites where sound or rehabilitable multiple-unit housing exists;

2. The development of multiple-unit housing, with or without parking, in structures that may include ground-level commercial space;

3. The development of multiple-unit housing, with or without parking, on sites with existing single-story commercial structures;

4. The development of multiple-unit housing, with or without parking, on existing surface parking lots; and

5. The development of units at rental rates or purchase prices which are accessible to a broad income range of the general public.

B. Eligible projects shall be constructed or converted after the date of adoption of this program, and completed on or before July 1, 2006.

C. For the purposes of this Chapter, eligible sites must be located within the following areas:

1. Light rail station areas within a one-quarter mile radius of an existing light rail station or a light rail station under construction on or before January 1, 1999, except that the site must be located outside the boundaries of the Central City Plan District as shown on Map 510-1 of Chapter 33.510 of the Portland Zoning Code. The distance from an eligible light rail station shall be measured from the center line of the right-of-way on which the station is located or from the center point of the intersection of one or more rights-of-way, as appropriate. Maps showing these areas are found at the end of this Chapter as Maps 3.103-1 through 3.103-5. If a portion of the project site falls within the one-quarter mile distance, the entire site shall qualify as a property eligible to apply for this exemption; and

2. Transit oriented areas within the Gateway Plan District as included on Map 526-1 of Chapter 526 of Title 33, Planning and Zoning, and shown at the end of this Chapter as Maps 3.103-5 (1 of 2 and 2 of 2); and

3. Transit oriented areas within the Lents Town Center as delineated on Map 11 of the adopted Outer Southeast Community Plan and shown at the end of this Chapter as Maps 3.103-6 (1 of 4 through 4 of 4).

D. In addition to the eligible areas noted above, the following criteria apply to individual projects:

1. Projects located on sites zoned R5, R7, R10, R20, or RF Single Dwelling Zones, as defined by Title 33, Planning and Zoning, are not eligible for the property tax exemption permitted by this Chapter.

2. Multiple-unit projects which do not include ground floor commercial space must contain at least 35 housing units per net acre of site area to be eligible for the property tax exemption permitted by this Chapter.

3. Mixed use projects containing ground floor commercial space must incorporate at least two times the amount of residential floor area to non-residential floor area and contain at least 20 housing units per net acre of site area.

4. For the purposes of this Chapter, a rowhouse or townhouse development containing for sale or rental units is eligible so long as all other eligibility criteria of this Chapter are met.

E. All eligible projects shall demonstrate that property tax exemption is necessary to achieve economic feasibility for the residential use, taking into account the additional costs incurred by the design features, public benefits, or minimum densities required in return for the incentives allowed by this Chapter.

F. The City shall periodically review the areas eligible for the exemption granted to transit supportive development in response to transportation and/or community planning and policy initiatives which indicate the need to encourage desired development in other light rail station areas or transit oriented areas as defined in this Chapter. The basis for considering the inclusion of new light rail station areas shall be the establishment of a full funding agreement.

A. A pre-application meeting will be required with the Portland Development Commission staff prior to submitting a complete application. On forms provided by staff, the prospective applicant shall include the following:

1. A schematic drawing, showing the site plan, including major features and dimensions of the proposed development;

2. A statement describing the location of the proposed development; the number, size, and type of individual dwelling units; a preliminary pro forma showing expected rents or purchase prices of the dwelling units; the dimensions of the multiple-unit structure(s); the approximate amount of floor area dedicated to the types of uses envisioned; public and private access; parking and circulation plans; a description of the public benefits proposed; and any additional information that would demonstrate the eligibility of the project for the property tax exemption, including its physical and functional connection to the nearest transit service. However, certain items of information may be waived for projects under design or if applicants request guidance in order to submit material sufficient for a complete application.

B. Prior to the meeting, the staff shall review the information supplied and contact, for purposes of facilitating the application process, those bureaus, bodies, or other governmental agencies which may be affected by, or have an interest in, the proposed development.

C. The applicant shall meet with staff and discuss the proposed development. Thereafter, the Development Commission staff shall provide the applicant with a summary of the meeting, including recommendations designed to assist the applicant in the preparation of the exemption application. Staff guidance shall be provided indicating the minimum requirements for meeting the provisions of Section 3.103.040 of this Chapter.

A. A person seeking an exemption under the terms of this Chapter shall apply to the Portland Development Commission not later than September 1 of the calendar year immediately prior to the first assessment year for which the exemption is requested. The application for the exemption shall be on forms prescribed by the Commission staff and include the following information:

3. A detailed description of the project, including the number, size, and type of dwelling units; dimensions of the multiple-unit structure(s), parcel size, proposed lot coverage of building, and amount of open space; type of construction; expected rents or purchase prices of the dwelling units; public and private access; parking and circulation plan; number of residential and commercial off-street parking spaces; the source of water and proposed method of sewage disposal; other utilities requirements; landscaping; proposed amount of floor area dedicated to residential and nonresidential uses; a description of the public benefit(s) prescribed in 3.103.040 included in the project; and economic feasibility studies or market analysis, when appropriate. In addition, the application shall contain a detailed construction and operating cost analysis to demonstrate the applicant’s economic need for the tax exemption. Evidence of cost comparisons may be required when appropriate;

4. A description of the existing use of the property, including if appropriate a justification for the elimination of existing sound and rehabilitable housing;

5. A site plan and supporting maps, drawn to a minimum scale of one inch equal to 16 feet, or a scale suitable for reproduction on 8-1/2” by 11” paper, showing the development plan of the entire project including streets, driveways, sidewalks, pedestrian ways, off street parking, loading areas, location, design, and dimension of structures, use of land and structure(s), major landscaping features, existing and proposed utility systems, including sanitary and storm sewers, water, electric, gas and telephone lines; and

6. Such other information required by state or local law or otherwise which is reasonably necessary to effectuate the purposes of this Chapter, including a demonstration of the project’s physical and functional connection to the nearest transit service.

B. Concurrent with the submission of the application, an application fee as established by the Portland Development Commission shall be required.

A. Purpose. The purpose of this Section is to achieve the type of higher density, transit oriented development desired by the adoption of this Chapter in addition to furthering other public policy goals of the City and the County. Therefore, a number of options are presented to the applicant in order to achieve one or more public benefits.

B. Except for the provisions of Section 3.103.040 D below, all rental projects containing more than 15 units applying for the exemption under the terms of this Chapter must include within the project and for the term of the exemption at least 20 percent of the units for rent at rates which are affordable to households earning 60 percent or less of the area median income.

1. For the units affordable to households earning 60 percent or less of the area median income under the terms of this Chapter, the units must be rented to households whose incomes do not exceed 60 percent of the area median income upon initial occupancy of the unit by that household. Subsequent monitoring of the incomes of these households is not required until the affordable unit again becomes available for rent, at which time it must be rented to an income qualified household earning 60 percent of the area median income for the remaining term of the property tax exemption, unless another unit has subsequently been rented at an equivalent affordable rate to a qualified household so that the project continues to comply with all provisions of this Section.

2. Measurement of household income shall be determined using the U.S. Department of Housing and Urban Development’s, or its successor agency’s, annual household income for the Portland Metropolitan Area for a family of one person (for a studio apartment), two persons (for a one-bedroom apartment), three persons (for a two-bedroom apartment), or four persons (for a three-bedroom apartment). Affordability shall be defined as a rental rate which does not exceed 30 percent of the monthly gross income for a family earning 60 percent or less of the area median income.

C. All projects containing housing units available for individual purchase shall receive the property tax exemption only for those for-sale units which are available at an initial purchase price which does not exceed 95 percent of the median purchase price for a condominium unit in Multnomah County as established by the U.S. Department of Housing and Urban Development for the purpose of determining FHA loan qualification. The unit must be sold to a household earning no more than 100 percent of the area median income for a family of four as established by the U.S. Department of Housing and Urban Development, or its successor agency, during the year of sale in order to retain its property tax exempt status.

1. In order to qualify for this exemption, such units must be owner-occupied during the term of the exemption. Should any unit become available for sale during the term of the exemption, it must be sold to a household earning no more than 100 percent of the area median income for a family of four as established by the U.S. Department of Housing and Urban Development, or its successor agency, during the year of sale in order to retain its property tax exempt status.

D. As an alternative to the provisions of Section 3.103.040 B above, the project may instead provide one or more of the following public benefits, except that projects containing 15 or fewer units are exempt from the provisions of Section 3.103.040 B, above, and need include only one of the following public benefits:

1. At least 10 percent of the rental units must be affordable to households earning 30 percent or less of the area median income according to the equivalent formulas for determining affordable rent and household size as described in Sections 3.103.040 B. 1 and 2 above; or

2. At least 20 percent of the rental units must be dedicated during the term of the exemption by covenant to households which include persons with special needs, such as the mentally or physically disabled or other categories of persons as defined by the Federal Fair Housing Amendments Act of 1988; or

3. At least 20 percent of the rental units must include three or more bedrooms; or

4. The project must provide child care on-site or support child care through a service provider with a facility located within 1200 feet of a light rail station or within 400 feet of a transit stop at 25 percent of the annual value of the property tax exemption for each year of the term of the exemption, such in-lieu support being dedicated to project residents or other households earning 60 percent or less of the area median income; or

5. The project must provide a residential unit per acre density equivalent to at least 80 percent of the applicable maximum density as allowed by the base zone as established by Title 33, Portland Zoning Code, except that this alternative shall not be available to projects on sites with R1 zoning. For sites with RH, IR, CN, CO, CM, CS, or CG zoning, this requires at least 68 units per net acre. For sites with RX, CX, EX, or other zoning, this requires at least 139 units per net acre.

E. In addition to the applicable provisions of Sections 3.103.040 A through D above, the project must include at least one of the following:

1. Ground floor service or commercial use which is permitted and serves project residents, neighboring residents, and transit riders; or

4. Family oriented recreational facilities for the children of project residents; or

5. Transit amenities and transit or pedestrian design elements such as benches, bus shelters, directional signs, or an off-site pedestrian connection from the project to the nearest transit service.

F. Staff from the Portland Development Commission shall confer, at a minimum, with the staffs of the Planning Bureau and the Office of Transportation for advice and confirmation regarding compliance with the relevant public benefits, plan policies, and transit oriented design features applicable to the project. Other bureaus or agencies indicating interest shall also be invited to comment. Written comments received from staff shall be entered into the record of the adopting report and recommendation presented before the City Council.

G. The City Council shall specify the public benefits and transit oriented design features which are to be included in the proposed project. If the applicant fails to agree to include the public benefits as specified by the Council, the application shall be denied.

An application may be recommended for approval if the Portland Development Commission staff establishes conditions which ensure that:

A. The project contains one or more of the public benefits described in Section 3.103.040;

B. The project containing these public benefits, affordable units, and/or transit oriented design features would not otherwise be financially feasible without the benefit provided by the property tax exemption;

C. The construction project will, at the time of completion, conform with the applicable provisions of Titles 17, 24, 32, 33, 34; and

D. The applicant has complied with Sections 3.103.010, 3.103.020, 3.103.030, and 3.103.040.

A. Within 80 days of receipt of a complete application, the staff of the Portland Development Commission shall recommend to the Portland City Council that the application be denied or approved subject to conditions. Portland Development Commission staff may require modifications to the project design in order to further the public goals of this Chapter.

B. If the recommendation is for approval, the report and recommendation shall contain a resolution stating the terms and conditions of approval, which shall be made available to the applicant, the City Council, and any interested agencies or individuals at least 14 days prior to consideration of the recommendation at a hearing conducted before the City Council.

C. The City Council shall review the application and deny or approve it subject to conditions. Final action upon the application shall be in the form of a resolution that shall include: the owner’s name and address; a description of the multiple-unit housing; the legal description of the property and the Assessor’s property account number; and all conditions imposed and upon which approval of the application is based. An application not acted upon within 180 days from the date of application shall be deemed approved.

D. If the application is denied, a notice of denial shall be sent to the applicant within 10 days following the denial. The notice shall state the reasons for denial.

E. If the application is approved, the Portland Development Commission staff shall file with the Assessor a copy of the resolution approving the application.

A. Except as provided for under subsection B., multiple-unit housing for which an exemption has been approved under the terms of this Chapter shall be exempt from ad valorem taxation for up to 10 successive years beginning July 1 of the year immediately following the calendar year in which construction is completed, determined by that stage in the construction process when, pursuant to ORS 307.330, the improvement would have gone on the tax rolls in the absence of the exemption. The exemption shall not include the land upon which the project is located, nor any improvement not part of the multiple-unit housing except for those improvements deemed a public benefit as specified in 3.103.040. The exemption provided in this section shall be in addition to any other exemption provided by law.

B. In the case of a structure converted in whole or in part from other uses to multiple family, only the increase in value attributed to the conversion shall be eligible for the exemption.

C. In either case, the value of the exemption shall not exceed 100 percent of its real market value.

If, after an application has been approved under this Chapter, the City finds that the work was not completed on or before July 1, 2006; that any provision of this Chapter has not been complied with; or that any agreement by the owner or requirement imposed is not being satisfied; the Portland Development Commission staff shall send a notice of proposed termination of the exemption to the owner’s last known address.

A. The notice shall state the reasons for the proposed termination, and shall require the owner to appear before the City Council at a specified time, not less than 20 days after mailing the notice, to show cause, if any, why the exemption should not be terminated.

B. If the owner fails to show cause why the exemption should not be terminated, the City Council shall adopt a resolution terminating the exemption. A copy of the resolution shall be filed with the County Assessor and a copy sent to the owner at his last known address within 10 days after its adoption.

C. If the owner does not seek review of the termination of an exemption pursuant to ORS 34.010 to 34.100, upon final adjudication, the county officials having possession of the assessment and tax rolls shall correct the rolls in the manner provided for omitted property under ORS 311.207 to 311.213, to provide for the assessment and taxation of any property for which exemption was terminated by the City or by a court, in accordance with the finding of the City or the court as to the assessment year in which the exemption is first to be terminated. The County Assessor shall make such valuation of the property as shall be necessary to permit such correction of the rolls. The owner may appeal any such valuation in the same manner as provided for appeals under ORS 311.207 to 311.213. Where there has been a failure to comply with ORS 307.670, the property shall become taxable beginning July 1 of the calendar year in which the noncompliance first occurred. Any additional taxes becoming due shall be payable without interest if paid in the period prior to the 16th of the month next following the month of correction. If not paid within such period, the additional taxes shall be delinquent on the date they would normally have become delinquent if timely extended on the roll or rolls in the year or years for which the correction was made.

Notwithstanding the provision of 3.104.070, if the City finds that construction of the multiple-unit housing was not completed by July 1, 2006, due to circumstances beyond the control of the owner, and that the owner has been acting and could reasonably be expected to act in good faith and with due diligence, the City may extend the deadline for completion of construction for a period not to exceed 12 consecutive months.

The Portland Development Commission shall establish procedures and prepare forms for implementation, administration, and monitoring for compliance with the provisions of this Chapter.

(Amended by Ordinance No. 170667, effective Oct. 23, 1996.) To be eligible for the property tax exemption provided for by this Chapter a structure must meet all of the following criteria:

A. Be a multiple-unit structure having 10 or more dwelling units, and that include design elements benefiting the public as described in this Chapter and approved by City Council, including new construction and structures converted in whole or part from other uses, but not designed, used or intended to be used as transient accommodations, hotels or motels.

B. Be constructed after July 1, 1975, and completed on or before January 1, 1998; and

1. The Central City Plan District boundary as shown on Map A. Portland City Code Chapter 33.702; or

2. Within the boundaries of any urban renewal or redevelopment area formed pursuant to ORS Chapter 457.

D. Demonstrate that property tax abatement is required to achieve economic feasibility for the residential use intended.

A. An applicant shall request a pre-application conference with the Bureau of Planning, and at least 14 days prior to the date scheduled for the conference the applicant shall submit, on forms provided by the Bureau, the following:

1. A schematic drawing, showing the site plan, including major features and dimensions of the proposed development;

2. A statement describing the location of the proposed development; the number, size and type of individual dwelling units; the dimensions of the multiple-unit structure(s), public and private access; parking and circulation plans; the source of water and proposed method of sewage disposal; landscaping; proposed residential and nonresidential uses; and a description of the public benefit prescribed in 3.104.040.

B. Prior to the conference, the Bureau shall review the information supplied and contact, for purposes of facilitating the application process, those bureaus, bodies, or other governmental agencies which may be affected by, or have an interest, in the proposed development.

The applicant shall meet with staff and discuss the proposed development. Thereafter, the Bureau shall provide the applicant with a summary of the meeting, including recommendations designed to assist the applicant in the preparation of the exemption application.

A. A person seeking an exemption under the terms of this Chapter, shall apply to the Bureau of Planning not later than September 1 of the calendar year immediately prior to the first assessment year for which the exemption is requested. The application for the exemption shall be on forms prescribed by the Bureau and include the following information:

3. A detailed description of the project including the number, size and type, of dwelling units; dimensions of the multiple-unit structure(s), parcel size, proposed lot coverage of buildings, and amount of open space; type of construction; public and private access; parking and circulation plans; the source of water and proposed method of sewage disposal; other utilities requirements; landscaping; proposed residential and nonresidential uses; a description of the public benefit(s) prescribed in 3.104.040 included in the project; and, economic feasibility studies or market analysis, when appropriate.

In addition, the application shall contain a detailed construction and operating cost analysis to demonstrate the applicant’s economic need for the tax exemption. In determining this economic need the Portland Development Commission shall establish a reasonable rate of return for the project based on invested cash, equity, economic conditions, and other related factors. Evidence of cost comparisons may be required when appropriate;

4. A description of the existing use of the property, including if appropriate a justification for the elimination of existing sound and rehabilitable housing;

5. A site plan and supporting maps, drawn to a minimum scale of one inch equal to 16 feet, showing the development plan of the entire project including streets, driveways, sidewalks, pedestrian ways, off street parking, loading areas, location, design, and dimension of structures, use of land and structure(s), major landscaping features, existing and proposed utility systems, including sanitary and storm sewers, water, electric, gas and telephone lines; and

6. Such other information required by state or local law or otherwise which is reasonably necessary to effectuate the purposes of this Chapter.

B. Concurrent with the submission of the application, an application fee as determined by the Bureau of Planning and the Portland Development Commission shall be required. In addition to the application fee, the applicant may be required to pay such other reasonable costs, including appraisal costs, incurred by the Assessor in processing the application. The Bureau of Planning shall collect any additional cost and pay the Assessor for the additional costs.

In order to qualify for the exemption provided for by this Chapter, an applicant must agree to include in the project, a public benefit which may consist of, but is not limited to, one or more of the following:

A. Dwelling units at rental rates or sale prices which are accessible to a broad income range of the general public;

H. Service or commercial use which is permitted and needed at the project but not available for economic reasons;

J. Other public benefits approved by the Planning Commission and the City Council. The City Council shall specify the public benefit which is to be included in the proposed project. If the applicant fails to agree to include the public benefit as specified by the Council, the application shall be denied.

K. All projects containing housing units available for individual purchase shall receive the property tax exemption only for those for-sale units which are available at an initial purchase price which does not exceed 95 percent of the median purchase price for a condominium unit in Multnomah County as established by the U.S. Department of Housing and Urban Development for the purpose of determining FHA loan qualification. The unit must be sold to a household earning no more that 100 percent of the area median income for a family of four as established by the U.S. Department of Housing and Urban Development, or its successor agency, during the year of sale in order to retain its property tax exempt status.

1. In order to qualify for this exemption, such units must be owner-occupied during the term of the exemption. Should any unit become available for sale during the term of the exemption, it must be sold to a household earning no more that 100 percent of the area median income for a family of four as established by the U.S. Department of Housing and Urban Development, or its successor agency, during the year of sale in order to retain its property tax exempt status.

A. The construction includes one or more design elements specified in Section 3.104.040;

B. The construction project will at the time of completion, conform with the provision’, of Titles 24, 32, 33, 34, and the Comprehensive Plan; and

C. The applicant has complied with 3.104.010, 3.104.020, 3.104.030, and 3.104.040.

A. The Bureau of Planning shall send the Portland Development Commission a copy of the application within 10 days of its submission to the Bureau.

B. The Portland Development Commission shall thereupon review the application for economic feasibility and within 60 days thereafter recommend to the Planning Commission that the application be approved, denied, or approved subject to conditions.

C. Within 60 days of the recommendation of the Portland Development Commission, the Planning Commission shall review the application to determine whether the proposed development is consistent with the City’s Comprehensive Plan. A recommendation shall thereafter be forwarded to the City Council that the application be approved subject to those conditions necessary to achieve the purposes of this Chapter. The Planning Commission shall specify in its recommendation to the Council the scope and nature of public benefit recommended for the proposed project.

D. The City Council shall review the application within 180 days of the date of application and approve, deny, or approve subject to conditions. Copies of the application shall be supplied the City Council at least 14 days prior to the Council’s review. Final action upon the application shall be in the form of an ordinance or resolution that shall include: the owner’s name and address; a description of the multiple-unit housing; the legal description of the property and the Assessor’s property account number; and all conditions imposed and upon which approval of the application is based.

E. If the application is denied, a notice of denial shall be sent to the applicant within 10 days following the denial. The notice shall state the reasons for denial.

F. If the application is approved, the Bureau of Planning shall on or before the ensuing April 1 file with the Assessor a copy of the ordinance or resolution approving the application.

A. Except as provided for under subsection (2), multiple-unit housing for which an exemption has been approved under the terms of this Chapter shall be exempt from ad valorem taxation for up to 10 successive years beginning July 1 of the year immediately following the calendar year in which construction is completed, determined by that stage in the construction process when, pursuant to ORS 307.330, the improvement would have gone on the tax rolls in the absence of the exemption provided for in this Chapter. The exemption shall not include the land upon which the project is located, nor any improvement not part of the multiple-unit housing except for those improvement(s) deemed a public benefit as specified in 3.104.040. The exemption provided in this section shall be in addition to any other exemption provided by law.

B. In the case of a structure converted in whole or in part from other uses to multiple family, only the increase in value attributed to the conversion shall be subject to the exemption

(Amended by Ordinance No. 170667, effective Oct. 23, 1996.) If, after an application has been approved under this Chapter, the City finds that the work was not completed on or before July 1, 2006; that any provision of this Chapter has not been complied with; or that any agreement by the owner or requirement imposed by Council is not being satisfied, the Bureau of Planning may send a notice of proposed termination of the exemption to the owner’s last known address.

B. If the owner fails to show cause why the exemption should not be terminated, the City Council shall adopt an ordinance or resolution terminating the exemption A copy of the ordinance or resolution shall be filed with the County Assessor and a copy sent to the owner at his last known address, within 10 days after its adoption.

(Amended by Ordinance No. 170667, effective Oct. 23, 1996.) Notwithstanding the provision of 3.104.070, if the City finds that construction of the multiple-unit housing was not completed by July 1, 2006, due to circumstances beyond the control of the owner, and that the owner has been acting and could reasonably be expected to act in good faith and with due diligence, the City may extend the deadline for completion of construction for a period not to exceed 12 consecutive months.

The Bureau of Planning and the Portland Development Commission shall establish procedures and prepare forms for implementation and administration of this Chapter.

3.106.040 Exposition - Recreation Commission Action Not Subject to Council Review.

All action by the Exposition - Recreation Commission shall be by resolution adopted in accordance with the Commission’s bylaws.

Within 5 days after the passage of any resolution, the Exposition - Recreation Commission shall file a copy of the resolution with the City Auditor, who shall maintain a special record of the Exposition - Recreation Commission’s resolutions which shall be accessible to the public under like terms as ordinances of the City of Portland. Except as provided in Section 3.106.040, no resolution of the Exposition - Recreation Commission shall become effective until 5:00 p.m. on the 10th day following the filing of a copy thereof with the City Auditor.

Except as provided in Section 3.106.040, resolutions of the Commission shall not become effective, if, within 10 days after the filing by the Exposition - Recreation Commission of a copy of a resolution with the City Auditor, a member of the City Council files a request with the Auditor for City Council review of the Commission action. Upon receipt of a request for City Council review of Commission action, the City Auditor shall forthwith notify the General Manager of the Exposition - Recreation Commission of the request for review and shall deliver to him a copy of the request for review. The Auditor shall place the resolution on the Council agenda for Council review at the next regular Council meeting. In placing the resolution on the Council calendar, the Auditor shall act consistently with the regular filing deadline for Council calendar items established by this Code; provided, the Council may review any Exposition - Recreation Commission resolution as a four-fifths item, or under suspension of Council rules. At the time of requesting Council review of Exposition - Recreation Commission action, the Council member shall state the reason such review is necessary and what action the Council should take on the matters.

3.106.040 Exposition - Recreation Commission Action Not Subject to Council Review.

(Amended by Ordinance No. 170667, effective Oct. 23, 1997.) Resolutions of the Exposition - Recreation Commission which pertain solely to the following matters shall be effective upon adoption or at such other time as specified by the Commission.

A. Scheduling the use of the Exposition - Recreation Commission’s buildings and facilities.

B. Entering into agreements for the use of the Exposition - Recreation Commission’s buildings and facilities, including all of the terms and conditions of such agreements, provided such agreements do not transfer operation, management or control of the Memorial Coliseum.

C. Personnel policy or matters of employment, dismissal or disciplining of employees.

D. Purchasing supplies, consumables, and services and equipment, in accordance with a budget approved by City Council and in accordance with City Council purchasing procedures.

The Council may, by regularly adopted ordinance, take action on behalf of the Commission. A Council member introducing an ordinance pertaining to the Exposition - Recreation Commission on the Council calendar shall, at the time of filing the proposed ordinance with the City Auditor, have a copy of the ordinance delivered to the General Manager of the Exposition - Recreation Commission.

A. Contracts and agreements entered into by the Exposition - Recreation Commission or on behalf of the Commission by employees or agents, within the scope of their authority, shall be binding and effective from the times designated in sections 3.106.030 or 3.106.040, whichever is applicable.

B. The Council may, by regularly adopted ordinance, repeal, amend or alter any resolution adopted by the Exposition - Recreation Commission. Any such repeal, amendment or alteration may be made retroactive or prospective in effect but shall not be construed to invalidate any contract or agreements made in accordance with Subsection A of this Section.

(Added by Ordinance No. 151083; effective Feb. 12, 1981.) Persons appointed as special services personnel shall be special police officers of the City and shall so serve. As special police officers, the special services personnel and the supervisor, shall have authority to issue citations for violations of parking or nonmoving traffic violations occurring on the Memorial Coliseum Complex premises and the Civic Stadium premises, and particularly they shall have authority to issue citations as provided for in Section 16.06.060, and shall have authority to sign citations forms as provided for in Section 16.06.010. In addition to authority to issue citations for parking or nonmoving traffic violations, special services personnel and their supervisors shall have authority to issue citations for violations of 14.20.030, 14.20.060 and 14.20.080 occurring on the Memorial Coliseum Complex premises and the Civic Stadium premises. To the extent of the power and authority granted in this Section, such personnel and their supervisors shall exercise full police power and authority.

(Amended by Ordinance No. 168939, effective June 14, 1995.) There hereby is created the Water Quality Advisory Committee. The Committee shall consist of nine members, appointed by the Commissioner In Charge of the Bureau of Water Works and confirmed by the Council. Appointments shall be for terms of 3 years except that 4 of the initial appointments shall be for terms of 2 years. When a vacancy occurs, the Commissioner In Charge shall appoint and the Council shall confirm a member to fill a new 3-year term. The Commissioner In Charge of the Bureau of Water Works may remove a member from the Committee at any time, subject to approval by the Council. The Commissioner In Charge of the Bureau of Water Works shall appoint members to the Committee with expertise or association in areas such as water quality, water treatment, public health policy, the environmental community, civic and business organizations, major industrial or commercial users, neighborhood associations and the public at large of which at least 3 members shall have relevant technical expertise. Committee members may serve a maximum of two 3-year terms, with the 4 appointees serving the initial terms of 2 years to serve a total maximum of 5 years. Within the maximum service limit of 6 years the Council may extend, for a period of less than 3 years, the terms of committee members who were appointed to serve or who have served the balance of a retiring committee member’s term. All members shall serve without compensation from the City.

The Committee shall act in an advisory capacity to the City Council through the Commissioner In Charge of the Bureau of Water Works as follows:

A. The Committee shall have the authority to offer policy advice to the Council and the Bureau of Water Works on issues such as management of the Bull Run Watershed, protection of groundwater quality, and other related water quality issues.

B. The Committee shall have the authority to issue periodic reports to the Council and the Bureau of Water Works.

C. The Committee shall have the authority to inform the public at large and take public testimony before offering policy advice to the Council and the Bureau of Water Works.

The Committee shall have the authority to conduct public meetings to gather input; the Committee shall provide for notification no less than 5 days prior to the meeting to the general public.

A chairperson shall be elected annually from among the Committee members by a majority vote of a quorum. The Chairperson shall serve for a period of 1 year. A vacancy in the Chairperson’s position shall be filled from among Committee members by majority vote of a quorum as soon as practical after the vacancy occurs.

The Committee shall establish its own rules and provide procedures for consideration or action on all matters before the Committee. Such rules and procedures may be adopted and amended only upon an affirmative vote of five or more Committee members. Election of officers and regular business shall be passed upon by the majority of a quorum. Not less than five members shall constitute a quorum. Each member shall be entitled to one vote. Provisions shall be made for public participation in Committee meetings.

The Committee shall be staffed by personnel from the Bureau of Water Works and such additional staff or consultants as may be deemed necessary by the City Council for the committee to fulfill its responsibilities.

(Amended by Ordinance No. 161850, effective May 27, 1989.) There is hereby established a Bureau of Hydroelectric Power. The Bureau shall be administered by a Bureau Manager and shall have such other employees as the Council may provide. The Bureau shall supervise the construction and administer the operation of hydroelectric generating facilities owned by the City. It shall perform the duties and responsibilities required by any Federal Energy Regulatory Commission license and any agreements for the disposition of energy. The Bureau of Hydroelectric Power shall report to the Administrator of the Bureau of Water Works.

The Bureau shall supervise the construction and administer the operation of the City owned hydroelectric power generating facilities.

There hereby is created an Energy Office as separate from the Office of Planning and Development.

(Amended by Ordinance No. 165281, effective Apr. 1, 1992.) The Energy Office is created to assure proper City support for the City’s energy policy and the Energy Commission, and shall:

E. Create solar access permit forms and administer the solar access permit process as provided for in Sections 3.111.030 to 3.111.140; and

The City Council finds that the use of renewable resources, such as solar energy, is in the public interest and advances the general welfare, and that solar energy cannot be properly used if shade from vegetation on abutting lots is not controlled.

The purpose of the following Sections is to enable property owners with solar energy systems to preserve solar access to their systems by restricting the shade cast by certain types of vegetation on neighboring properties. The mechanism used to protect solar access shall be known as a solar access permit.

C. Exempt vegetation. The following vegetation shall be exempt from any solar access permit height restrictions.

1. The mature breadth and height of vegetation listed on a solar access permit as existing on the date the application for the solar access permit is filed with the City.

D. Owner. The deedholder of real property or the contract purchaser of real property of record as shown in the last available complete assessment roll in the office of the County Assessor; a person with a written power of attorney; a person with other specific written and notarized authorization to sign and file a solar access permit application. Owner shall include a deedholder or contract purchaser whose name does not appear in the last available complete assessment roll but who presents a deed or contract of sale showing date, book and page of recording to the Energy Office.

E. Solar access permit. A document that describes the maximum permitted height of nonexempt vegetation on properties to which the permit applies to protect solar access on the property of the permit applicant, to the extent authorized by the City. A solar access permit shall include, but is not limited to, the legal description of the properties benefited and restricted by the permit, a copy of the sunchart, solar access permit height limitations, and information listed in Section 3.111.070 B 5, 6 and 7.

F. Solar access permit height limitations. A series of contour lines rising in 5 foot increments at an angle to the south not less than 24 degrees from the horizon and extending at an angle not greater than 54 degrees east and west of true south, beginning at the bottom edge of a solar energy system for which a solar access permit is requested. For each affected property the height limitation at the northern lot line shall be no less than the height of shade from buildings allowed at the northern lot line by the solar setback for buildings required in Title 33.

G. Solar energy system. A device or combination of devices or elements that rely on direct sunlight as an energy source, including any substance or device that collects sunlight for the following uses: heating or cooling of a structure or building; heating or pumping of water; or, generating electricity. Examples of a solar energy system include the south wall and a solar hot water system. A solar energy system may be used for purposes in addition to collecting solar energy including but not limited to serving as a structural member or part of a roof of a building or structure and serving as a window or wall.

H. Solar friendly trees. Trees identified as not significantly blocking solar radiation in the winter months. The City maintains a list of solar friendly trees, according to provisions specified in Sections 3.26.090 and 3.89.030.

I. Solar heating hours. The hours and dates during which solar access is protected under a solar access permit, not to exceed those hours and dates when the sun is lower than 24 degrees altitude or greater than 54 degrees east or west of true south.

J. South wall. Any wall of a dwelling oriented no more than 45 degrees from due south.

K. Sunchart. A photograph or photographs, taken in accordance with guidelines issued by the director, which plot the position of the sun during solar heating hours. The sunchart shall contain at a minimum the southern skyline as seen through a grid which plots solar altitude for a 45-degree northern latitude in 10-degree increments and solar azimuth measured from true south in 15-degree increments. If the solar energy system is less than 20 feet wide, a minimum of one sunchart shall be taken from the center of the bottom edge of the system. If the solar energy system is 20 feet or wider, a minimum of two suncharts shall be taken, one from each end of the bottom edge of the system. A sunchart is the primary document for determining when a nonexempt tree has violated the terms of a solar access permit.

An owner or property in a FF, R20, R10, R7, R5, R2.5, C4 or C5 zone may apply for, and be subject to, a solar access permit, except that a solar access permit may not be obtained for any property in these zones that is affected by or exempt from the solar envelope requirements contained in Title 33 and 34 of this Code.

A. Applicant. An owner may submit an application for a solar access permit to protect solar access to a new or existing solar energy system located on the owner’s real property.

B. Contents of application. An application for a solar access permit shall contain the following information:

1. A legal description of the lot on which the solar energy system is or will be situated.

2. Evidence that a solar energy system is installed or a written commitment to install the proposed energy system within 1 year of the effective date of the permit.

3. A scaled drawing of the solar energy system showing the energy system’s dimensions.

5. A plan of the applicant’s property, drawn to scale, accurately showing the location of the following:

b. The solar energy system’s height above grade, distance from property lines and orientation from true south.

7. A list of the lots, all or a portion of which, are within 150 feet as measured within 54 degrees east or west of true south of the solar energy system, including unbuildable areas, and the following information for each such lot:

d. For each lot with a solar factor of 17 or greater, or in the case of a lot located in an R2.5 zone with a solar factor of 44 or greater, all existing vegetation.

8. For each affected lot, a description of the requested solar access permit height limitations.

9. A statement that the applicant tried and failed to reach a written and recorded agreement that would protect solar access similar to that which would be protected by a solar access permit with the property owners who would be affected by a solar access permit.

10. A statement that all weatherization measures shown by a certified energy audit as specified in Title 33 to have a simple payback in less time than the solar energy system, have been completed on the structure.

C. Fee. The fee to cover the costs of administration for the solar access permit will be established by the Energy Commission.

1. An applicant shall file a written application for a solar access permit with the Energy Office on forms provided for this purpose. The applicant shall complete all portions of the forms. The Energy Office may require the applicant to submit drawings, topographic maps, photographs or other material essential for an understanding of the proposed permit.

2. An application shall not be deemed complete until the applicant has submitted all information required by the application forms and has paid the application fee.

An application for a solar access permit shall be approved if the applicant satisfies each of the following:

A. Application complete and accurate. The application is complete and the information contained in the application is accurate.

B. Neighbor agreement. The applicant has tried and failed to reach written and recorded agreements with the property owners who would be affected by a solar access permit. Such agreements would protect quantity and quality for solar access similar to that protected by solar access permit and at a cost no greater than the City’s application fee.

C. On-site vegetation. No vegetation on the applicant’s property is shading the solar energy system during the solar heating hours for which protection is requested except vegetation which is listed on the City’s approved solar friendly tree list.

D. Cost-effective weatherization. All weatherization measures shown by certified energy audit as specified in Title 33 to have a simple payback in less time than the solar energy system shall have been completed on the structure.

1. The director shall review an application for a solar access permit. If the director determines the application is complete, accurate and satisfies the standards contained in Section 3.111.080, the director shall follow the procedure described in Subsections B - D.

2. If the director determines the application is not complete and accurate, the director shall notify the applicant in writing of the deficiencies and inaccuracies. On notice from the director that an application form is incomplete, the applicant shall provide the missing information and correct the inaccuracies before the application is processed further. If the applicant fails to submit the missing information or correct the inaccuracies within 30 days of the director’s request and offers no good reason for doing so, the director shall deny the application.

1. The director shall inform the City Auditor of the application and of the director’s preliminary determination that the application satisfies the standards set forth in 3.111.090. The City Auditor shall compile a list of names and addresses of property owners within the affected area. The affected area is all real property identified in Section 3.111.070 B 7.

2. The City Auditor shall send notice of the permit application to the property owners in the affected area. The notice shall include:

b. A description of the rights and responsibilities of owners of property subject to a solar access permit;

c. A statement that the director finds the application to be complete, accurate and in compliance with the standards set forth in Section 3.111.090, and that the director intends to approve the permit unless an affected party requests a hearing within 21 days of the date the notice was mailed;

e. A telephone number to call for further information regarding the application.

1. Within 21 days of the date the notice was mailed, an affected party may request a hearing before the Energy Commission. An affected party is a person entitled to notice under Section 3.111.090 B 1, or his or her representative, who challenges the accuracy of the information contained in the application or contends the application fails to satisfy one or more of the standards contained in Section 3.111.080. A request for a hearing must be made in writing and must be filed with the Director within the 21-day period prescribed by this action. A request for a hearing must identify clearly the inaccuracies or deficiencies in the application. Failure to comply with all of these requirements will result in final review and approval of the application without a hearing.

2. If the director receives a timely request for a hearing, the director shall first request the applicant, the person(s) requesting a hearing and a representative of the Energy Office to attend a conference to informally resolve any objections to the application. The conference shall be held within 10 days of the date of receipt of a request for a hearing. The director shall send written notice of the conference to the applicant and the person requesting a hearing.

3. If the person(s) requesting a hearing still has objections to the application at the conclusion of the conference, a hearing shall be scheduled in accordance with Section 3.111.090 D. The hearing shall be held no later than 21 days after the date of the conference.

4. If the conference resolves any objections to the application or if no timely request for a hearing is received, the director shall approve the application. Such approval shall be granted in writing within 10 days of the date of the conference or within 10 days after the last date to request a hearing. The City Auditor shall mail a copy of the director’s decision to all property owners in the affected area.

1. The City Auditor shall send notice of the date, time and place of the hearing to all property owners within the affected area at least 14 days prior to the scheduled hearing date.

2. The Commission shall conduct a hearing according to the procedures established under Code Section 33.112.020 (7).

3. The Energy Commission shall decide whether or not the information contained in the application is complete and whether or not the application complies with the standards set forth in Section 3.111.080.

4. The Energy Commission shall issue a written decision approving or denying the permit application within 10 days after the date of the hearing. The decision shall explain the basis for approving or denying the permit application.

5. The City Auditor shall mail a copy of the Energy Commission’s decision to all property owners in the affected area.

A. On the approval of an application, the director shall issue a solar access permit protecting the solar access described in the application.

1. Record the solar access permit with the deeds to the applicant’s lot and each neighboring lot identified in the application; and

C. The form of the solar access permit shall be as prescribed by the director and shall contain the information identified in Section 3.111.070 B 1-8.

An owner of property restricted by solar access permit shall not permit nonexempt vegetation on his or her property to shade a solar energy system during protected solar heating hours. Each property owner affected by a solar access permit shall pay all costs for keeping the nonexempt vegetation trimmed and in compliance with the solar access permit.

A. A solar access permittee may request the Bureau of Buildings to enforce the provisions of the solar access permit by providing the following information to the Bureau:

2. A current sunchart documenting nonexempt vegetation is shading the solar energy system during protected solar heating hours;

3. The legal description of the lot on which the alleged nonexempt vegetation is situated, the address of the property owner, and a scaled plot plan showing the nonexempt vegetation on the lot;

5. A current sunchart and any other evidence necessary to show that nonexempt vegetation on the permittee’s property is not shading the energy system during protected solar heating hours.

B. Procedure. The Bureau of Buildings may enforce a valid solar access permit by instituting an action in accordance with Section 3.30.015 of this Code.

C. Notwithstanding Subsections A. and B., the permittee may institute a private action in his or her own name to enforce the provision of a valid recorded solar access permit.

A. Basis for termination. The director shall terminate a solar access permit with respect to all or part of the neighboring lots restricted by the permit if a petition for termination is submitted by the permittee or the permittee’s successor in interest, or the solar energy system is not installed within 12 months of the date of issuance of the permit.

B. Notice. The director shall send the permittee a notice of termination. The notice shall contain:

2. A legal description of the lot(s) for which the permit is to be terminated; and

3. If the termination is due to the permittee’s failure to install a solar energy system within 12 months of the date of issuance of the permit, a statement that the permittee has a right to demonstrate to the director that the system has been substantially completed or installed.

1. Except as provided in Subsection 2. of this Section, within 30 days after the director mails the notice of termination, the director shall record a copy of the notice with the County clerk who shall record the termination of the solar access permit with the deeds to the permittee’s lot and each neighboring lot identified in the permit.

2. If the permittee demonstrates that the solar energy system has been substantially completed or installed, or will be substantially completed or installed within 30 days of the date of the notice of termination, the director shall not terminate the solar access permit.

A. Except as provided in Subsection 2. of this Section, a permittee whose solar access permit has been terminated or an applicant whose application for a solar access permit has been denied may reapply for a solar access permit.

B. A permittee whose permit has been terminated because the solar energy system protected by the permit has not been installed within 1 year of the effective date of the permit, may not reapply more than twice for a new permit prior to installation of the solar energy system.

(Amended by Ordinance No. 168886, effective May 31, 1995.) The Sustainable Portland Commission, advisory to the Council on energy, environmental, and sustainable development issues, is created for the City of Portland. The mission of this body is to encourage City decision makers to enhance the livability and economic vitality of the City of Portland through programs and policy decisions that protect the city’s natural resources, provide for the efficient use of energy and water, protect the environmental quality of the built environment and promote a sustainable future.

(Amended by Ordinance No. 168886, effective May 31, 1995.) The Commission is not authorized to modify, limit or alter any permit or regulatory process of any other City office or bureau. Subject to that limitation, in order to carry out its mission, the Commission is authorized to:

A. Advise and make recommendations to the City Council and bureaus on energy, environmental policy and sustainable development issues;

B. Articulate a long-range vision for the City through the Sustainable City Principles, which include short and long-term goals and action plans;

C. Provide a forum on energy, environmental and sustainability issues for citizens, business interests, governmental agencies and other members of the Portland community so as to identify issues and propose solutions;

D. Recommend policies for educating all citizens, young and old, of all racial, ethnic and economic groups, with respect to energy, environmental and broad sustainability issues affecting the City of Portland, in close cooperation with educators, business and neighborhood organizations;

E. Work with City bureau heads and managers, whose programs affect energy and natural resource use, development and the environment, so that coordination of policies and actions may be improved;

F. Work with the business community to encourage private solutions to environmental problems including, but not limited to, energy and water efficiency, the coordination of product purchasing, transportation, and waste reduction, reuse and recycling;

I. Meet annually with the City Council and submit a report to the Council which sets forth the Commission’s activities, achievements and plans for the coming year, and recommends changes in this Chapter;

J. Undertake any other activities necessary to the accomplishment of its mission within the terms of this Section.

(Amended by Ordinance No. 168886, effective May 31, 1995.) The Commission shall consist of seventeen members appointed by the Mayor and confirmed by the Council. All appointments to the Commission shall be for terms of two years. Members shall serve without compensation. However, reasonable expenses for carrying out the work of the Commission may be reimbursed as authorized by Code and City policy. Absence from four consecutive Commission meetings shall constitute cause for removal.

A chair and a vice-chair shall be designated by the Mayor. All Commission officers shall serve for two years. No officer may be appointed for more than two consecutive terms.

There is hereby established an Office of Cable Communications and Franchise Management. The Office shall be administered by a Director and shall have such other employees as the Council may provide.

A. The Office shall be responsible for supervising and coordinating all franchising processes engaged in by the City, for monitoring the performance of all franchisees for franchise compliance and for performing all other necessary work relating to franchises in the City.

B. The Office shall be responsible for promoting the orderly development of City-owned cable communication systems, for providing staff support needed by the Portland Cable Communications Regulatory Commission and for performing all other necessary work related to cable communications in the City.

C. The Office shall be responsible for overseeing franchise and utility audits and revenues in coordination with the City Auditor’s Office, the Office of Fiscal Administration and other City agencies and bureaus.

A. The Office shall have jurisdiction over all franchisees. The Office shall have jurisdiction over all public or private utilities or other entities seeking similar rights to use City rights-of-way.

B. The Office shall have jurisdiction over all cable communications matters affecting the City of Portland.

In order to establish and ensure a stable, predictable basis for long-term relations, it is the policy of the City of Portland that public or private utilities and other entities seeking similar rights to utilize City rights-of-way should be subject to franchise agreements with the City.

Unless the context indicates otherwise, words used in this Chapter shall have the following meanings:

A. “Commission” means the Portland Cable Communications Regulatory Commission.

C. “Grantee” means the grantee of a cable communications system franchise within the City of Portland.

E. (Amended by Ordinance No. 152558, effective Nov. 25, 1981.) “Corporation” means Portland Cable Access.

There hereby is created the Portland Cable Communications Regulatory Commission. The Commission shall consist of seven members, including a Chairman, appointed by the Commissioner In Charge of the Office of Cable Communications and confirmed by the Council. Appointments shall be for terms of 4 years except that 3 of the initial appointments shall be for terms of 2 years. The Chairman’s initial appointment shall be to one of the 4-year terms. When an interim vacancy occurs, the Commissioner In Charge shall appoint and the Council shall confirm a member to fill the balance of the unexpired term. The Commissioner In Charge of the Office of Cable Communications may remove a member from the Commission at any time, subject to approval by the Council. All members shall be residents of the City. The Commissioner In Charge shall appoint members to the Commission so as to provide for an appropriate level of expertise taking into account the powers and duties of the Commission and in making appointments shall take into consideration the desirability of representation, without limitation, of racial and ethnic minorities, women, different geographic areas, and different socioeconomic groups. All members shall serve without compensation from the City or from the grantee of any franchise. No member may have an ownership interest in the grantee of a franchise.

A. All powers granted to the Commission by this Chapter shall be subject to the provisions of grantees’ franchises. In the event of any conflict between this Chapter and a grantee’s franchise, the provisions of the franchise shall prevail.

B. Except as expressly provided otherwise in this Chapter, and subject to appeal as set out in this Chapter, the Commission shall exercise all cable communications system regulatory powers of the City over grantees operating within the City, whether such powers are granted to the City by law or under grantees’ franchises. The Commission shall act in an advisory capacity to the City Council through the Commissioner In Charge of the Office of Cable Communications on all other matters pertaining to cable communications franchises or proposed franchises. The Commission shall adopt such regulations as it deems necessary or desirable in order to exercise its powers and carry out its duties under this Chapter, provided that such regulations shall not become effective until approved by the Council.

The Commission shall monitor the performance of all grantees to determine whether the grantees are complying with the provisions of their franchises. In carrying out its monitoring duties, and subject to appear as set out in this Chapter, the Commission shall cause to be made such reasonable inspections, tests, and demonstrations of grantees, systems as the Commission deems required in order to protect the public service, health or welfare. The Commission shall make recommendations to the Council regarding actions it deems appropriate for franchise violations it discovers.

The Commission shall review and as appropriate audit all reports filed by grantees with the City. Subject to appeal as set out in this Chapter, the Commission may require any grantee or grantees to prepare and file additional reports as necessary or desirable to carry out its duties under this Chapter. After consultation with affected grantees, the Commission may adopt regulations establishing the form of reports to be filed with the City; the place at which filings are to be made; and criteria and procedures for the protection of material contained in reports that is not open for public disclosure. The regulations shall be subject to the provisions of City Charter Section 10-107 and shall not become effective until approved by the Council.

The Commission, as necessary or desirable, shall coordinate the interconnection of the systems of grantees with each other, with systems of the City and with systems outside the City but within the Metropolitan Service District, provided, however, that the Commission may not require any grantee to interconnect to a non-contiguous system without Council approval. The Commission may cooperate with other governmental units in the supervision of the interconnection systems.

The Commission may receive and investigate any unresolved complaint about a grantee’s service filed with the Commission or referred to the Commission by the Commissioner In Charge of the Office of Cable Communications. After consultation with affected grantees, the Commission may adopt regulations establishing methods and procedures to ensure that complainants have recourse to a satisfactory hearing and method for settling complaints. The regulations shall not become effective until approved by the Council.

The Commission shall evaluate, pursuant to such criteria and standards as the Commission previously shall have adopted, each grantee’s system at least every 3 years and, based on the evaluation, issue a report to the Council through the Commissioner In Charge of the Office of Cable Communications containing any recommendations for action by the City.

A. All grantee rates and charges shall be subject to regulation by the City in a manner to be determined from time to time by the City Council by ordinance. The Council may establish whatever rate regulation method it deems reasonable, including without limitation a utility approach that allows automatic increases within a predefined range, an approach that regulates service quality but not rates, or any combination thereof. The rate regulation method may include without limitation rules governing allocation of depreciation; calculation, crediting, and treatment of tax benefits; allowing funds borrowed to supplement cash flow necessitated by nonutilization of any tax benefits or a buyout of partnership equities; and disallowing consideration of interest expense in excess of interest rates actually incurred and paid by the grantee. Increases in rates for entertainment and access services may be made no more often than annually by a grantee by filing the revised schedule of rates with the City Auditor and by providing notice thereof to its subscribers not later than 15 days prior to such filing. The notice to subscribers shall be in writing and shall state the amount of each increase proposed in the schedule of rates. The Commission, within 30 days of such filing, shall hold a public hearing on whether to require by resolution review of the proposed increases prior to their going into effect. Each rate increase shall be in effect on the 31st day after such filing unless the Commission or the City Council by resolution shall require prior review of such rate increase, in which case such rate increase shall not be effective unless the Commission after public hearing and within 60 days of passage of the resolution shall approve the rate increase as filed or as modified by the Commission. Any decision of the Commission on a rate increase filing or any failure of the Commission to act on a rate increase filing within 60 days of passage of a resolution requiring prior review may be appealed by the grantee to the City Council. The approval of any rate increase by the Commission shall not be effective until 10 days after such approval, and if after Commission approval but prior to the effective date thereof, two members of the Council so request in writing to the City Auditor, the proposed increase shall be referred to the Council for review. The Council must either approve by ordinance, modify by ordinance, or disapprove the rate increase within 45 days after a review request is filed with the City Auditor or after an appeal is filed by the grantee. Any failure by the Council to act on a rate increase within the 45-day period shall constitute disapproval of the rate increase.

B. The requirement of written notice to subscribers set out in Subsection (1) shall not apply to any grantee with less than 250 subscribers.

C. In the event federal law and regulations have preempted local government regulation of rates charged for specific cable television services or classes of services, then the filing and written notification requirements of Subsection (1) shall be applicable to rate increases for those services for purposes of informing subscribers and the public of the increases, but the other provisions of Subsection (1) shall not be applicable thereto. The notification to subscribers about preempted rates shall be sufficient if given any time before the rate increases become effective.

D. If so instructed by the City Council the Commission shall prepare and recommend regulations governing rates of grantees. The recommendation shall include regulations to prevent grantee’s use of entertainment system revenues to subsidize institutional system construction and operation. On approval by the City Council of regulations governing rates of grantees, the Commission shall exercise the powers and perform the duties assigned to it by the regulations.

(Added by Ordinance No. 155624, effective Feb. 23, 1984.) In the event of a rate increase review pursuant to Section 3.115.090 by the Commission or the City Council, the Commission and City Council shall base their decisions to approve, disapprove or modify the proposed rate increase on the following criteria:

A. Whether the proposed rate will provide the grantee a reasonable rate of return;

B. Whether the grantee is in substantial compliance with its franchise and other legal obligations to the City; and

2. Receives subscriber complaints on a 24-hour basis or on such reduced basis as is economically reasonable taking into consideration the size of the grantee;

The Commission shall use its regulatory powers and make recommendations to the City Council in order to promote and guide the development of systems in the City in a manner that will be in the public interest, with particular emphasis on nonentertainment cable communications services for home and institutions and on new and innovative services, but subject to the limitation that entertainment system revenues shall not be used to subsidize institutional system construction and operation.

Prior to any proposed City Council action regarding any system, systems, grantee or grantees, the Commission shall consider and make its recommendation on the action, whether at the proposal of the City Council, a grantee or any other person, or on the Commission’s own motion. The Commission shall make a recommendation to the City Council on the proposed action within 60 days after receipt of the proposal. The City Council shall not take any such action until it has received the Commission’s recommendation. Notwithstanding any other provision of this Section, the Council may waive prior Commission consideration and recommendation on any proposed City Council action and may proceed to consider and take such action.

Any grantee may appeal to the City Council any action of the Commission regarding the grantee by filing a written notice of appeal in the office of the City Auditor not more than 20 calendar days after the date of final action by the Commission. The Commissioner In Charge of the Office of Cable Communications or any two other Commissioners may cause any action of the Commission to be brought before the City Council on appeal by filing a written notice of appeal in the office of the City Auditor not more than 20 calendar days after the date of final action by the Commission. Any person directly affected by an action of the Commission may appeal to the City Council, provided the person has appeared before the Commission in person or in writing regarding the action, by filing a written notice of appeal in the office of the City Auditor not more than 20 calendar days after the date of final action by the Commission. The notice of appeal shall state the action taken by the Commission, the reasons why the action was improper, and the relief requested. The scope of the appeal shall be limited to consideration of the action, reasons, and relief set out in the notice of appeal. The appealed action shall be stayed pending a decision of the City Council.

The Commission may make recommendations to the Council through the Commissioner In Charge of the Office of Cable Communications regarding the renewal, termination, and forfeiture of franchises; the exercise of buyout authority; and the transfer of system ownership and control.

A. Each City Council member, shall appoint two directors of the corporation. In appointing directors, the Council member shall give consideration to representation on the board of directors of the fields of arts, education, public access, government, and community information; and of racial and ethnic minorities, non-English speaking people, women, and low-income people. In addition, the Commission shall have the authority to appoint from its membership one non-voting Director, and the operators of the two cable communications systems in the City of Portland passing the greatest number of homes shall each have the authority to designate one non-voting Director. The Commission shall monitor, report annually, and make recommendations to the Council on the activities of the corporation, including review of the budget and financial status of the corporation and recommendations regarding the granting of funds by the City to the corporation. The Commission’s recommendations regarding the granting of funds by the City to the corporation shall include a recommendation that at least 40 percent of the franchise fees received by the City be granted to the corporation together with description of the work to be performed by the corporation in consideration for the grant and the time period that the grant should cover. It is the Council’s intention to appropriate at least 40 percent of the franchise fees for grants to the corporation and the balance for funding the Office of Cable Communications.

B. The corporation may exercise regulatory control, and management powers over the channels to be controlled by the corporation under the Cablesystems Pacific franchise to the full extent authorized by the franchise, provided, however, that the corporation shall not transmit or permit to be transmitted over any channel over which it has programming control any material that is obscene or indecent. For purposes of this Subsection, material shall be deemed obscene or indecent if:

1. It depicts or describes in a patently offensive manner sadomasochistic abuse or sexual conduct;

2. The average person applying contemporary state standards would find the material, taken as whole, appeals to the prurient interest in sex; and

3. Taken as a whole, it lacks serious literary, artistic, political, or scientific value. Also for purposes of this Subsection, the terms “sadomasochistic abuse” and “sexual conduct” shall have the meanings assigned to them by ORS 167.060, 1971 Oregon Laws Chapter 743, Section 255.

The Commission shall prepare an annual report at the conclusion of each calendar year for inclusion in the budget request of the Office of Cable Communications. The report shall cover activities of the Commission and corporation during the past calendar year; planned activities of the Commission and corporation during the upcoming calendar year; the receipt and use of franchise fees; the general performance of grantees; the development and use of systems within the City; anticipated new services on the systems within the City; and recommendations of the Commission or the corporation; and such other matters as the Commission may deem appropriate.

A. In the event the City annexes territory for which another public body having jurisdiction to issue a franchise has issued a franchise, then the grantee shall have the same rights and obligations under the franchise after annexation that it had before annexation, except that:

1. After annexation the City shall have all rights under the franchise of the issuing public body as to system construction and operation within the annexed area, including without limitation all rights to regulate, to collect and use franchise fees, and to insurance and other protection; and

2. After annexation the grantee’s obligations under the franchise as to system construction and operation within the annexed area shall be to the City rather than to the issuing public body.

B. Nothing in this Section shall be deemed to modify the rights or obligations of the City or grantees under other franchises.

(Added by Ordinance No. 163442, effective Sept. 5, 1990.) The following policies and standards apply to all cable television companies (grantees) which are or may hereafter be subject to the jurisdiction of the City of Portland under their respective franchise agreements, under Chapter 3.114 and 3.115 of the City Code, or under other applicable laws, rules, regulations or agreements.

A. Grantee offices must be adequately staffed and able to respond to subscribers and the public not less than 50 hours per week, with a minimum of nine hours per day on weekdays and five hours on Saturdays.

B. As used herein, “adequately staffed” means toll-free telephone lines are open and customer service representatives are available to respond in at least the following ways:

C. Toll-free telephone lines, either staffed or with answering capability; providing at least emergency referral information, must be operational 24 hours a day, including weekends and holidays.

1. Sufficient customer service staff and telephone line capacity to handle normal call volume with a minimum of delay to customers; and

2. As least ninety percent responsiveness during normal call volume, defined as fewer than one customer call in ten will encounter a busy signal or a delay in reaching a customer service representative exceeding one minute in length.

A. Requests from subscribers for repair and maintenance service must be acknowledged by a grantee within 24 hours or prior to the end of the next business day, whichever is earlier. Repair and maintenance for service interruptions or other repairs not requiring on-premises work must be completed within 24 hours under normal operating procedures. All other repairs should be completed within 72 hours in normal circumstances. No charge may be made to subscribers for this service, except in cases beyond the reasonable control of the grantee, such as documentable cases of repeated subscriber negligence or abuse of grantee equipment.

B. As a normal operating procedure, upon subscriber request each grantee shall provide either a specific appointment time or else a pre-designated block of time (not to four hours) for subscriber service appointments to be scheduled Monday through Saturday in the morning, the afternoon or after 5:00 P.M. (repair only).

C. As a normal operating procedure, and with particular regard to the needs of working or mobility-limited customers, upon subscriber request each grantee shall arrange for pickup and/or replacement of converters or other company equipment at the subscriber’s address, or else a satisfactory equivalent (such as the provision of a postage-prepaid mailer).

1. At least 30 days have elapsed after the due date for payment of the bill of the affected subscriber; and

2. The grantee has provided at least 10 days written notice to the affected subscriber prior to disconnection, specifying the effective date after which cable services are subject to disconnection.

B. Regardless of subsection A hereof, a grantee may disconnect a subscriber for cause at any time if the grantee in good faith determines that the subscriber has tampered with or abused company equipment, or is or may be engaged unlawfully in theft of cable services.

C. A grantee shall promptly disconnect any subscriber who so requests from the grantee’s cable system. No period of notice prior to voluntary termination of service may be required of subscribers by any grantee. No charge may be imposed by any grantee for such voluntary disconnection, or for any cable services delivered after the date of the disconnect request. Upon the later of the date of actual disconnection or the return of all company equipment to grantee, the grantee shall within ten working days return to such subscriber the amount of the deposit, if any, collected by grantee from such subscriber, less any undisputed amounts owed to grantee for cable services or charges prior to the date of disconnection.

(Added by Ordinance No. 163442, effective Sept. 5, 1990.) Except for planned outages where subscribers are provided reasonable notification in advance, upon a subscriber’s request a grantee shall provide a pro-rated 24-hour credit to the subscriber’s account for any period of four hours or more during which that subscriber experienced an outage or substantial impairment of cable service.

(Added by Ordinance No. 163442, effective Sept. 5, 1990.) Each grantee bill to subscribers must itemize each category of service, equipment, or other applicable fees, and state clearly the charge therefor.

A. Upon installing initial service to or reconnecting each customer, and upon request thereafter each grantee must advise the customer, in writing, of:

1. The equipment and services currently available (including parental lock-out devices) and the rates and charges which apply;

2. The amount and criteria for any deposit required by grantee, if applicable, and the manner in which the deposit will be refunded;

3. The grantee’s policies and procedures by which complaints or inquiries of any nature will be addressed;

4. The toll-free telephone number and address of the grantee’s office to which complaints and inquiries may be reported;

5. The company’s practices and procedures for protecting against invasions of subscriber privacy; and

6. The notice and referral information to the City of Portland, as set forth in subsection B hereof.

B. Each grantee shall semi-annually send written notice to all subscribers that any complaints or inquiries not satisfactorily handled by the company may be referred to the City of Portland Office of Cable Communications and Franchise Management and the Cable Regulatory Commission. Such notification may be included with a billing statement, and shall contain either the printed text specified in subparagraph 1 hereof or an alternative text approved by the Commission.

1. The text of the printed notice shall be as follows, unless otherwise authorized by the Commission:

The City of Portland through the citizen Cable Regulatory Commission (CRC), and the Office of Cable Communications and Franchise Management (City Cable Office), is responsible for monitoring the customer service, system performance, and franchise compliance of your cable company. Toward this end, the City and your cable company work continuously to monitor and improve cable TV customer service in your community.

However, at times you may encounter problems with your cable service that you have been unable to resolve with your cable company. The City Cable Office and the CRC are available to help you with unresolved problems. If this is the case, please call the City Cable Office at 823-5385 weekdays (an answering machine takes messages after business hours), or write to the CRC c/o the City Cable Office, 1120 SW Fifth Avenue, #1021, Portland, OR 97204.

However, please contact your cable company FIRST, before calling the City Cable Office about your problem.

Cable Regulatory Commission meetings are generally held the second Tuesday of each month. Please call or write the City Cable Office for more information.

This announcement has been brought to you as a public service of the City of Portland and your cable company.

2. Such notice, in large boldface type, shall also be posted in a conspicuous place in grantee offices located within the City where customer service transactions are conducted within the meaning of Section 3.115.175 hereof.

C. Each grantee shall provide to its subscribers and the City written notice at least 10 days in advance of any deletions in programming services, increases in any rates, costs, or charges to subscribers, or any channel repositioning within the control of grantee.

D. All grantee promotional materials, announcements, and advertising of residential cable services to subscribers and the general public, where price information is listed in any manner, shall clearly and accurately disclose price terms. In the case of pay-per-view or pay-per-event programming, all grantee-prepared promotional materials must clearly and accurately disclose price terms and in the case of telephone orders, a grantee shall take appropriate steps to ensure that grantee customer service representatives clearly and accurately disclose price terms to potential customers in advance of taking the order.

A. No grantee shall unlawfully discriminate against any person in the provision of cable television services on the basis of race, color, religion, national origin, sex, sexual preference, age disability, income, or the area in which such person lives.

B. Each grantee shall use best efforts to assure maximum practical availability of grantee services and facilities to all subscribers, regardless of disability, including the provision of a remote control device to those subscribers who are mobility limited, or where a member of the subscriber’s household is mobility limited.

C. For hearing impaired customers, each grantee shall provide information concerning the cost and availability of equipment to facilitate the reception of all basic services for the hearing impaired. In addition, each grantee must have TDD/TTY (or equivalent) equipment at the company office, and a publicly listed telephone number of such equipment, that will allow hearing impaired customers to contact the company.

D. Upon request by a subscriber or potential subscriber, each grantee shall make a reasonable effort to provide information required under Section 3.115.195, or otherwise provided in the normal course of business, in both English and the primary language of the requestor.

There hereby is created an advisory committee to the Commissioner In Charge of the Bureau of Planning to be known as the Waterways Advisory Committee, consisting of not less than 7 nor more than 11 voting members who shall serve without compensation. The Commissioner In Charge shall appoint the members of the Committee, the members to serve for a term of 2 years at the pleasure of the Commissioner In Charge. The president of the Planning Commission or his or her representative shall be a member of the Committee.

The Waterways Advisory Committee shall establish its own rules, bylaws, and provide the procedure for all matters for consideration or action by the Committee. The Committee shall hold meetings at such time as is set by the body at any other time at the call of the Chairman.

A. Review any zoning Code amendment relating to waterways before it is presented to the Planning Commission, make its finds available to the Planning Commission and City Council;

B. Review and comment to the Planning Commission and City Council on public or private riverfront development proposals that are potentially in conflict with the City’s Greenway Plan.

C. Identify opportunities for City encouragement of commercial, residential, recreational, transportational and educational development that fulfills public goals.

D. Review the status of plans for publicly constructed segments of the Greenway path and suggest priorities for those segments.

E. Make recommendations to the Planning Commission and City Council for the development of City procedure to facilitate applicants’ needs for a speedy and certain regulatory process and City policies consistent with such a goal.

F. Make recommendations to the Planning Commission and City Council on City policies governing use and development of the City’s waterways.

The purpose of this Chapter is to establish procedures for the creation of two types of Economic Improvement Districts, one in which the assessment is mandatory and applied to all properties except Exempt Properties, the second type in which the property owner can decide whether to be assessed, a voluntary assessment, as authorized by state law. The City will be ultimately responsible for administering and operating any Economic Improvement District , although the administration and operation may be carried out by others under contract with the City. All costs of administering and operating any Economic Improvement District will be paid entirely from assessments and fees actually received from the District; the City will not pledge its credit on behalf of the District; and the City will not loan funds to the District.

The following words and phrases when used in this Chapter shall have the following meanings, except where the context requires a different meaning:

A. “Advisory Committee” means a committee of persons representative of the owners and tenants of property within an Economic Improvement District and may consist of an existing association of property owners or tenants or both.

B. “Commissioner In Charge” means the commissioner in charge of the lead bureau.

4. The conduct of activities in support of business recruitment and development.

6. Any other economic improvement activity that specially benefits property. “Economic improvement” does not include any services to be provided on private property.

D. “Preliminary Economic Improvement Plan” means a plan prepared by the property owners or tenants within the proposed District or their designees setting out:

2. The number of years, to a maximum of three, in which assessments are proposed to be levied;

4. The proposed boundaries designated by map or perimeter description of an Economic Improvement District within which subject properties would be assessed to finance the cost of the economic improvements;

5. The proposed formula for assessing the cost of the economic improvements against subject properties;

6. A preliminary estimate of the cost of City administration of the proposed Economic Improvement District;

7. A statement whether the assessment will be a voluntary assessment or mandatory assessment, and

a. If voluntary, that the scope and level of improvements could be reduced depending upon the amount of money collected; or,

b. If mandatory, that the assessment will be considered a tax under the Oregon Constitution, Art. XI § 11b and it may be reduced to fit within the property tax limitation thereby affecting the scope and level of services described; and

8. A statement of why the proposed economic improvements are not likely to be satisfactorily and equitably accomplished except through establishment of an Economic Improvement District.

2. The number of years, to a maximum of three, in which assessments will be levied;

4. The boundaries designated by map or perimeter description of the Economic Improvement District within which subject properties will be assessed to finance the costs of the Economic Improvement District;

5. The formula for assessing the cost of the economic improvements against subject properties;

6. A statement whether the assessment will be a voluntary assessment or mandatory assessment, and

a. If voluntary, that the scope and level of improvements could be reduced depending upon the amount of money collected; or,

F. “Lead bureau” means the City office, bureau or commission determined by the Mayor to have the principal interest in a proposed Economic Improvement District.

H. “Owner” means the owner of the title to real property or the contract purchaser of record as shown on the last available complete assessment roll in the Office of the County Assessor.

I. “Subject Properties” means the real property within an Economic Improvement District except for Exempt Property.

1. Residential real property and any portion of a structure used for residential purposes. In the event a structure is used for both residential and non-residential purposes, the land on which the structure is located shall not be Exempt Property. For purposes of this subsection, “residential real property” and “residential purposes” shall not include hotels and hotel uses, as defined in Section 33.12.420 of this Code, and motels and motel uses, as defined in Section 33.12.560 of this Code, but shall include hotel and hotel uses if, for the entire hotel or entire hotel use:

b. A majority of the units regularly are occupied by the same tenants for more than 30 consecutive days, or

c. A majority of the units regularly are occupied by occupants who pay for lodging on a monthly basis.

a. All houses of public worship; and other additional buildings and property used solely for administration, education, literary, benevolent, charitable, entertainment, and recreational purposes by religious organizations, the lots on which they are situated, and the pews, slips, and furniture therein. However, any part of any house of public worship or other additional buildings or property which is kept or used as a store or shop or for any purpose other than those stated in this Section shall not be exempt property.

b. Parking lots used for parking or any other use as long as that parking or other use is permitted without charge.

c. Land and the buildings thereon held or used solely for cemetery or crematory purposes, including any buildings solely used to store machinery or equipment used exclusively for maintenance of such lands.

K. “Task Force” means a committee whose membership consists of representatives of those City offices, bureaus, and commissions that have a significant interest in a proposed Economic Improvement District and a representative appointed by the Advisory Committee. The City Auditor or a representative designated by the City Auditor shall be a member of each Task Force.

Whenever the Council determines that economic improvements would be appropriate and would afford a special benefit to subject properties within a particular District, the Council, subject to the provisions of this Chapter, may establish an Economic Improvement District and provide for payment of all or a portion of the cost by collection of assessments on either a mandatory or voluntary basis. The Council may decline for any reason within its sole discretion to establish a proposed Economic Improvement District. This Chapter shall not give to any person the right to have an Economic Improvement District established.

Statutory provisions applicable to Economic Improvement Districts shall be followed by the City and by owners in all cases. The provisions of this Chapter are intended to supplement and to implement the statutory provisions.

A. The Council shall consider creation of an Economic Improvement District whenever owners of Subject Properties file with the Auditor a petition for the establishment of a District containing the signatures of the owners of 33 percent or more of the area or of the assessed value of subject properties within the proposed District or whenever a City Commissioner or the Mayor files a report recommending the establishment of a District. A petition or report shall contain a Preliminary Economic Improvement Plan.

B. The Council may adopt a resolution directing the lead bureau to begin the Economic Improvement District formation process if the Council finds that:

1. The costs of administering the proposed Economic Improvement District would not be substantial in relationship to the cost of the economic improvements;

2. It is not likely that the economic improvements would be satisfactorily and equitably accomplished except through establishment of the Economic Improvement District;

3. Establishment of the Economic Improvement District would be in the public interest;

4. In the case of a District intended to impose a mandatory assessment, that the assessment can be accommodated within the property tax limitation and City budget; and

5. The economic improvements would afford a special and peculiar benefit to subject properties within the Economic Improvement District different in kind or degree from that afforded to the general public.

C. The resolution may contain such revisions to the preliminary economic improvement plan as the Council deems appropriate based on the criteria set out in Paragraphs 1 through 5 of this Subsection and shall designate those City offices, bureaus, and commissions to be represented on the task force for the proposed District.

D. Upon adoption by the Council of a resolution under Subsection B of this Section, the Mayor shall designate a lead bureau for the proposed Economic Improvement District from among those designated to be represented on the task force and shall refer the matter to the Commissioner In Charge.

E. Immediately following the referral under Subsection D of this Section, the Commissioner In Charge shall appoint an advisory committee to assist the task force in development of the final economic improvement plan. The Commissioner shall strongly consider appointment of owners of property within the Economic Improvement District to the advisory committee. The Commissioner may appoint as the advisory committee an existing association of property owners or tenants or both. The task force shall encourage participation of the advisory committee in the plan development and administration process. The advisory committee shall appoint a representative to the task force.

A. Immediately following Council adoption of a resolution under Section 3.122.050 B, the head of each office, bureau and commission to be represented on the task force shall appoint its representative and the City Auditor shall appoint the city Auditor’s representative, by notification to the head of the lead bureau.

B. The City Auditor’s representative shall provide to the task force a report setting out:

1. Whether the petitioners under Section 3.122.050 A are owners of subject property in the proposed District;

2. Delinquencies in taxes or City liens on subject properties in the proposed District;

3. The true cash value of all real property located within the proposed District; and

4. The zoning of land within the District, including verification that only land zoned for commercial or industrial use is included within the District.

C. The lead bureau shall be responsible for preparing the documents referred to in Subsection D.

D. The task force shall prepare for the Commissioner In Charge a report recommending whether the owners of property within the proposed Economic Improvement District shall be formally notified of the proposal to establish the District, taking into consideration the criteria set out in Section 3.122.050 B. If the report recommends formal notification, the report shall include a proposed Final Economic Improvement Plan and the report of the City Auditor’s representative provided under Subsection B. The report also shall include a proposed ordinance that:

1. States the Council’s intention to proceed with formal notification regarding the proposed Economic Improvement District;

3. Contains the information in the Final Economic Improvement Plan, which may be included by attachment of the Plan as an exhibit; and

A. If the Commissioner in Charge deems it appropriate, the Commissioner shall file for Council consideration the report and ordinance prepared under Section 3.122.060 D.

B. On consideration of the report and ordinance, the Council may approve, modify, or reject the report including any aspect of the Final Economic Improvement Plan, and the ordinance. If the Council determines that the proceedings for the proposed Economic Improvement District should go forward, the Council shall adopt the ordinance including any modifications.

A. Following adoption of the ordinance under Section 3.122.070 B, the Auditor shall mail notice to the property owners within the proposed Economic Improvement District which contains the following information:

2. Benefitted properties will be assessed unless it is a voluntary assessment in which case only property owners who specifically request to be assessed will be assessed. An owner who fails to submit a written objection before or at the public hearing on assessment shall be deemed to have made a specific request to be assessed.

4. The scope of the improvements and that the description of the boundaries of the proposed District and the full scope of the project are on file with the Auditor and where the file can be viewed. It should state that:

a. In the case of a voluntary assessment the scope and level of the improvements may be reduced depending on the amount of money collected; or

b. In the case of a mandatory assessment the scope and level of the improvements may be reduced if the amount of the assessment is compressed to fit within the property tax limitation imposed by the Oregon Constitution, Art. XI § 11b.

5. The estimated cost of the proposal, and that it may be reduced to the amount of money actually received.

6. The date, time and place of the hearing and that the proposal could be modified as a result of public testimony.

7. The classification or types of properties which are exempt and that a request for an exemption on an enclosed form must be filed not later than 21 days after the notice is mailed.

8. In the case of a voluntary assessment that it is an incurred charge and is not a tax and is a charge outside the property tax limitations in the Oregon Constitution, Art. XI, §11b.

A. Property within the proposed District is conclusively presumed subject to assessment unless the owner files with the Auditor a claim for exemption not later than 21 days after the date of mailing or personal delivery of the notice.

B. The Auditor, in his or her discretion, may audit a claim or claims for exemption to determine whether property claimed to be exempt from assessment is exempt property. The audit may include review of such evidence as the Auditor deems appropriate and may include a viewing of the property. In the event the Auditor determines that the property for which an exemption is claimed is not exempt, the Auditor shall give the owner written notice of the determination and the reasons , by mail or personal delivery. The notice shall give the owner 10 days time within which to provide written evidence as to why the property is exempt. In the event the owner provides no written evidence within the time allowed, the property conclusively shall be presumed not to be exempt property. In the event the owner submits written evidence, the Auditor shall review the evidence and either approve or disapprove the claim for exemption and provide written notice to the owner, including a statement of the reasons for the Auditor’s decision. The Auditor’s approval or disapproval following review of the evidence shall be final.

A. The Council shall hold a public hearing on the proposed Economic Improvement District at the time and place stated in the notice to owners of properties. The public hearing shall be held no sooner than 30 days after mailing the notice The Council may continue the hearing to such other time and place as it may deem appropriate. At the hearing, persons supporting or objecting to the proposed improvement and assessment shall be entitled to be heard.

B. If the Council, at the conclusion of the hearing, finds that the economic improvements will afford a special and peculiar benefit to subject properties within the Economic Improvement District different in kind or degree from that afforded to the general public and that the Economic Improvement District should be established, then the Council may adopt a resolution stating those findings and establishing the District.

A. Following Council adoption of a resolution establishing an Economic Improvement District based on the final Economic Improvement Plan, the Auditor shall prepare the proposed assessment for each lot in the District that is a subject property and shall file a proposed assessment ordinance, with a list of proposed assessments attached, with the City Council. The amount of assessment shall be based on the cost of the economic improvements and the cost of City administration of the Economic Improvement District.

B. Following preparation of the proposed assessments, the Auditor shall mail to the owner of each lot to be assessed a notice containing the following information:

2. The name of the District and whether it is a voluntary or mandatory assessment. In the case of a voluntary assessment a statement that the property will be assessed unless the property owner specifically requests in writing not to be assessed.

3. The length of the District and the total cost of the project, the assessment formula, and the amount of the assessment on the property.

4. The assessment will not change unless the Council finds it exceeds the benefit of the improvements, but the total amount and scope of the improvements and level of services could change to correspond to the amount of money collected. Further, the scope of the improvements and level of services could change as a result of the testimony.

5. The time, date and place of the hearing and that the following forms of objection may be filed:

a. A written objection to being assessed in which case no assessment will be placed on the property if it is a voluntary assessment. An owner who fails to submit a written objection before or at the public hearing shall be deemed to have made a specific request for the economic improvement service to be provided during the time specified in the assessment ordinance;

b. An objection to the amount of the assessment on the grounds it is incorrect or exceeds the amount of benefit; and

6. A written objection may be filed with the Auditor prior to the hearing or made orally at the hearing. An objection to the assessment must explain the reasons the assessment is incorrect or exceeds the amount of benefit.

7. The assessment is due and payable immediately, and whether it may be paid in installments. The amount of interest if any and the fact there will be billing charges. The unpaid balance will become a lien on the property and failure to pay could result in foreclosure.

8. A voluntary assessment is an incurred charge and is a charge outside the property tax limitation imposed by the Oregon Constitution, Art. XI, §11b.

9. Property included in the District and assessed cannot be withdrawn from the District and the assessment will continue through the life of the District.

10. The name and phone number of a City staff person who can answer questions.

A. The Council shall hold a public hearing on the proposed assessment ordinance. The public hearing shall be held no sooner than 30 days after mailing the notice. The Council may continue the hearing to a date and time certain. At the hearing, property owners supporting or objecting to being assessed, to the amount of the assessment or to the formation of the District, shall be entitled to be heard.

B. Written objections shall be considered to have been received by the Council at the hearing if actually received at the hearing or if received by the Auditor prior to commencement of the hearing. A written objection signed by a person purporting to have authority as agent or attorney to sign an objection on behalf of an owner shall be considered received from the owner only if there is included with the objection a copy in writing of the authority to act on behalf of the owner.

C. If the Council at the hearing receives written objections to the formation of the District from owners of property upon which more than 33 percent of the total value of assessments are levied, then the Economic Improvement District shall not be established and assessments shall not be made.

D. At the hearing, the Council shall consider any objections and may adopt, correct, modify, revise the proposed assessment ordinance. In the case of a voluntary assessment, the Council shall exclude from assessment property which the owner has requested be omitted from assessment. The request shall be made in writing and submitted prior to the close of the hearing.

A. At the hearing under Section 3.122.100, the Council may amend by ordinance the initial ordinance adopted under Section 3.122.070. The procedures required by Sections 3.122.080 and 3.122.100 shall be repeated if the amendment:

1. Changes the economic improvements to be carried out except this provision shall not apply to a voluntary assessment;

B. At the hearing under Section 3.122.120, the Council may amend by ordinance the initial ordinance adopted under Section 3.122.070 as subsequently amended. If the amendment increases the likely assessment upon one or more properties, then the procedures required by Sections 3.122.110 and 3.122.120 shall be repeated. The procedures required by Section 3.122.080 through 3.122.120 shall be repeated if the amendment:

1. Changes the economic improvements to be carried out except this provision shall not apply to a voluntary assessment; or

A. The Council shall not levy assessments in an Economic Improvement District in any year that exceed one percent of the true cash value of all the real property located within the District.

B. Any new owner of benefitted property or any owner of benefitted property who excluded the property from assessment by submitting written objections may subsequently agree to the assessment of the property. The Council shall apply the assessment formula to the property and apportion the costs to the property for the remaining time in which the assessment is levied.

C. The assessed property may not be relieved from liability for that assessment for any reason including change of ownership.

The Council shall not include within an Economic Improvement District any area of the City that is not zoned for commercial or industrial use.

If the Council has established an Economic Improvement District and thereafter determines that it is necessary to levy assessments upon subject property in the District for longer than the period of time specified in the assessment ordinance that created the District, the Council shall enact an ordinance that provides for continued assessments for a specified number of years, to a maximum of three. The assessment of lots under such an ordinance shall be subject to the procedures required by Sections 3.122.110 and 3.122.120.

Money derived from assessments levied under this Chapter and from interest earned on that money shall be spent only for the economic improvements and for the cost of City administration of the Economic Improvement District described in the final Economic Improvement Plan. Subject to the requirements of any labor agreements to which the City is a party and to any applicable requirements of state law, the Council in its discretion may authorize an agreement or agreements with the advisory committee appointed under Section 3.122.050 D for the committee to provide all or part of the economic improvements described in the final economic improvement plan.

The cost of City administration of an Economic Improvement District shall include the actual cost of administrative services provided by the City related to the District.

Money spent for carrying out a final Economic Improvement Plan shall be limited to money actually received from assessments or from other public or private contributions to assist in carrying out the Plan.

The task force for an Economic Improvement District shall be responsible for administration of the economic improvements to be carried out. With the concurrence of the head of the lead bureau, the task force may designate an employee of the lead bureau as the person responsible for day to day administration of the economic improvements. In the event the task force determines that the economic improvements should be performed by a contractor or contractors, the task force shall prepare for Council consideration contracts for the work. In each case, the contract for work shall include not less than the following:

C. A description of records to be kept by the contractor to evidence performance of the work and of the documentation to be provided to the City to justify payment for work;

D. A description of any liability to be born and insurance to be provided by the contractor; and

E. A description of the rights of the City to terminate the contract prior to its completion.

The City Council may terminate the activities of an Economic Improvement District in whole or in part prior to the normally scheduled termination date for the District by an ordinance. However, all applicable contract issues shall be resolved before activities are terminated. In the event of early termination, those funds remaining from assessments for the District, following payment of all obligations and costs of administration incurred on behalf of the District, shall be returned to the owners of subject properties in amounts proportionate to the amounts of the assessments they paid for the District. In the event of early termination of only a part of the activities of an Economic Improvement District, the City Council, in the termination ordinance, may elect to apply remaining funds on a similarly proportionate basis as a credit against future District assessments against subject properties, with any funds remaining being returned to the owners as otherwise provided herein.

In the event, following the normally scheduled termination of an Economic Improvement District, including the payment of all obligations and costs of administration incurred on behalf of the District, there remain excess funds from assessments paid by owners of subject properties, then the City Council, by ordinance, shall provide for either:

A. The return of the excess funds to the owners of subject properties in amounts proportionate to the amounts of the assessments they paid for the District;

B. Use of the excess funds for continued provision of the economic improvements until the excess funds are fully spent; or

C. Use of part of the excess funds as provided in B and return of the balance of the excess funds as provided in A.

A. On adoption of an assessment ordinance under Section 3.122.120 D, the City Auditor shall enter each assessment in the docket of City liens. All such assessments shall be collected in the same manner as local improvement assessments and failure to pay may result in foreclosure in the same manner as provided for other assessments.

B. The assessments may be paid in semi-annual payments, however the City may charge a billing fee.

A Portland Utilities Review Board is hereby created. The Board’s purpose is to provide independent and representative customer analysis, on behalf of the Portland City Council and for the benefit of the citizens of Portland, of water, sewer and solid waste financial plans and rates. The Board will attempt to increase customer understanding of the long-term financial issues and resulting impacts upon water, sewer and solid waste services and rates. The Board shall make recommendations to the Council on establishing fair and equitable rates, consistent with customer needs as well as legal mandates, public policies and operational requirements.

A. Participation in the financial planning process: The Bureau of Water Works and the Bureau of Environmental Services use multi-year financial planning to prioritize programs and to project operating and capital costs associated with policies and programs, and to estimate overall rate impacts. The bureaus update their financial plans throughout the year to reflect significant changes in revenues or requirements, and re-do the plans annually. The Board will consult with the bureaus during development of their financial plans, review the proposed plans and revisions, and submit its findings and recommendations on the bureaus’ financial plans to the Council as part of the City’s financial planning process.

B. Participation in the budget process: The Board will consult with the Bureau of Water Works and the Bureau of Environmental Services as their budgets are developed, and will monitor proposed budgets in regard to their conformance with financial plans. The Board will report to the Council during budget hearings on the conformance between budgets and financial plans.

C. Participation in the rate design process: The Board will make recommendations to the Council on the equitable distribution of rate adjustments among customer classes, as determined in the rate design process. The Board will report to the Council during the Council’s annual consideration of the bureaus’ utility rates, and on the Council’s consideration of solid waste franchise rates. In addition, the Board shall report to the Council regarding solid waste utility rate design. The Board will participate in the bureaus’ discussions of proposed rate changes throughout the year, including the simulation, review and analysis of alternative rate designs. Notwithstanding other provisions of this Section, in the event of any emergency, the Council may waive prior Board consideration and recommendation on any proposed rate changes and act without further delay.

D. Relationship to other citizen advisory groups: The Council and the bureaus may form other groups, as necessary, to advise on utility matters. The Board and its staff will exchange information with these other advisory groups to coordinate policy advice to the Council and the bureaus.

The Board shall have 15 permanent members. Each member will serve on one of three permanent subcommittees: Water, Sewer or Solid Waste. The Mayor shall designate the Chair of the Board. Eight members shall constitute a quorum of the Board.

A. General Criteria: All members must reside or work predominantly in the City of Portland and demonstrate a strong interest in sewer, water and solid waste issues, such as system development and maintenance, service delivery, service costs and impacts on low-income households, economic development, conservation and environmental concerns. In making appointments, the Mayor and City Council will attempt to have a range of professional and academic expertise, and volunteer experience, on the Board in disciplines such as accounting, urban planning, biological sciences, civil engineering, hydrology, health sciences, and utility economics. In making Board appointments, the Mayor and Council shall strive to have a Board which reflects the diversity of the Portland community, especially regarding customer classes, income levels, cultural and ethnic identity, geographic location, age and gender.

1. No individual with any direct financial interest in a city utility or solid waste franchises, whether by ownership, employment, contract or otherwise, shall be appointed to or serve on the Board.

B. Board Appointments: Board members shall be appointed by the Mayor and confirmed by the Council. The Mayor shall consult with representatives from various interest groups and private utilities in developing recommendations for member appointments. Nominations shall reflect four general categories:

1. Residential Geographic Representation: Nominations will be sought from neighborhood associations district coalitions and residential customers (renters and landowners) in various City neighborhoods. Five seats shall be filled from residential geographic nominations.

The Mayor will appoint members representing residential customers from each of five geographic areas within the City comprised of (1) West Portland - the area west of the Willamette River, (2) Southeast Portland - the area east of the Willamette River, south of Burnside Street and west of Interstate 205, (3) East Portland - the area east of Interstate 205, (4) North Portland - the area east of the Willamette River, west of Interstate 5 and north of Interstate 405, including the area of Hayden Island within the City, and (5) Northeast Portland - the area north of Burnside Street, east of Interstate 5, south of Interstate 405 and west of Interstate 205.

2. Public Interest Advocacy: Nominations will be sought from organizations working to support low and moderate income issues, environmental concerns, senior, fixed income and special needs populations. Four seats shall be filled from public interest advocacy nominations.

3. Large Commercial/Industrial Businesses: Nominations will be sought from businesses which have a current industrial discharge permit, discharge at least 10,000 gallons per day of waste-water to the sewer system, or use 100,000 cubic feet (c.f.) of water per month. Two seats shall be filled from commercial/industrial business nominations.

4. Local Businesses: Nominations will be sought from businesses headquartered in the City that predominantly serve Portland-area residents. Retail, service or neighborhood businesses, and those not meeting the Large Commercial/Industrial category criteria, are eligible for inclusion in this category. Two seats shall be filled from local business nominations.

5. At-Large: To provide flexibility in meeting the Board’s goal of membership diversity, two members shall be appointed from applications received “at large.” Nominations in this category may be submitted by any individual or any group interested in participating on the Board.

A. Each Board member will serve, without compensation, for a term of three years. The terms of each member shall run from the date of the City Council’s confirmation of the member’s appointment, or such other date as the Council may establish.

B. No Board member may serve on the Board for more than six consecutive years. The Board shall develop a brief process and/or form for recommendations to the Mayor in regard to members desiring reappointment.

C. Each Board member may designate an official alternate to attend Board meetings in the member’s absence. Alternates shall not have voting privileges.

D. If any member of the Board is absent from more than three regularly scheduled meetings of the Board during any twelve month period, without having notified the Chair in advance of such absence, such member shall be deemed to have resigned from the Board. The member’s position shall thereafter be vacant and subject to appointment.

E. The Mayor may remove any member of the Board for due cause, such as malfeasance in office or incapacity.

(Amended by Ordinance No. 170688, effective Oct. 30, 1996.) Board positions will be advertised in local media publications and broadcasts, including local neighborhood newspapers, cable stations and radio, with a goal of as widespread an outreach as possible. Nomination requests will also be sent to all board members of the city’s Neighborhood Associations and District Coalition Boards, to consumer advocacy and environmental interest groups, and to Business District associations. All vacancy notices shall be advertised in the same manner. The City’s standard Boards and Commissions application form shall be used, with all nominations to be submitted to the Mayor’s Office.

Three standing committees will be established by the Board to focus on solid waste, water and sewer issues. Each standing committee will elect its own Chair who will serve as a participant on the Board Executive Committee. Standing Committee membership, meetings and Chair terms will be determined by the Board by-laws. The Board Chair, the chair of each of the Board permanent standing committees -- solid waste, sewer, water - and another member of the Board, as approved by a majority vote of all Board members, will serve as the five-member Board Executive Committee. The Executive Committee will facilitate on-going communication between the Board, the City Council and the bureaus. The Board may outline more specific roles and responsibilities for the Executive Committee in the Board by-laws.

The Office of Finance and Administration will provide staffing for the Board, with logistical and topic-related support from the Bureau of Water Works and the Bureau of Environmental Services as needed.

(Amended by Ordinance No. 168263, effective Nov. 9. 1994.) The Board will meet at least once each month. Each standing committee shall meet as frequently as the Board shall determine. The meeting schedules shall be set by the Board by-laws. The Board’s Executive Committee will meet on an as-needed basis.

The Board shall adopt by-laws to govern its procedures, which may include specifications concerning selection and tenure of standing committee chairs, division of responsibilities, attendance policies, meeting schedules, and any other appropriate matters.

By September 30 of each year, the Board shall prepare and submit to the Council an annual report summarizing the work performed by the Board during the previous fiscal year (July 1 through June 30). The annual report shall include, but need not be limited to, a summary of issues reviewed and analyzed; a list of briefings and reports received from staff, outside experts and other informed parties; a summary of recommendations forwarded to the Council; a summary of Council action on the recommendations; and an outline of the next year’s scope of work and anticipated issues.

Name of

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