City Official Questions

This is a list of Frequently Asked Questions (FAQs) for City officials regarding the City's lobbying disclosure requirements. For exact language and legal requirements, view Portland City Code Chapter 2.12 (Regulation of Lobbying Entities) and Auditor's Office Lobbying Entity Registration & Reporting Rules.

Who is a City official?   

In general, the City's lobbying regulations considers City officials to be high level officials who have independent decision-making authority and are exempt from civil service. The Auditor's Office maintains a public list of City officials for lobbying regulation purposes.

Lobbying regulations specifically define "City official" to include:

1. All City elected officials (Mayor, Auditor, and all City Councilors)
2. All at-will staff of City elected officials, which include positions excluded from classified service and serve as follows:
   • Members of administrative staff employed in any Councilor office or shared across multiple Councilor's offices (i.e., shared Council administrative staff)
   • Members of the administrative staff employed in the Mayor's office
   • Chief Deputy Auditor, Director of Audit Services, Ombudsman, and Auditor's Office General Counsel
3. City directors (excluding City Attorney's Office), including:
   • City Administrator
   • Deputy City Administrators
   • Chief Equity Officer
   • Sustainability Officer
   • Directors or individuals in charge of the bureaus or offices listed in Auditor Administrative Rule 15.01(E)(2)
4. Appointees to the following boards or commissions:
   1. Prosper Portland Board of Commissioners
   2. Planning Commission
   3. Design Commission
   4. Fire and Police Disability and Retirement Board

What are the calendar posting requirements for City elected officials and City directors?

Required quarterly calendars must be posted by the quarterly deadline, the 15th day after the end of each quarter, and must:

• Reflect official City business;
• Include the date and length of scheduled official business that includes other City elected officials, City directors, or outside parties (i.e. non-City parties);
• List the primary organizations or participants in attendance;
• Remain publicly posted on the originating office's website for a period of at least one calendar year; and
• Be retained in accordance with City administrative rules.

What are the requirements for City officials to file lobbying disclosure reports?

City elected officials are required to file a lobbying disclosure report for every reporting quarter, even if there is no substantive information to report.

City officials other than elected officials are only required to file a lobbying disclosure report for a reporting quarter if they have substantive information to report.

The following must be disclosed in the lobbying disclosure reports:

• With some exceptions, any gifts, meals, or entertainment from a lobbyist that is lobbying the City and is valued at $25 or more in fair market value (e.g., a lobbyist gives you a $50 Trail Blazers game ticket).
  • Exceptions under City Code and Auditor Administrative Rules include campaign contributions, gifts from family members, and some cultural items.
• Any agreements from lobbyists or lobbying entities to donate personal or real property to the City (e.g., t-shirts for a promotional event).

When are reports and calendar postings due for City officials?

Required lobbying disclosure reports and calendars of official City business are due by 5:00 p.m. as follows:

Note that if the filing or amendment deadline falls on a Saturday, Sunday, or other legal City holiday, reports and calendars are due by 5:00 pm the following business day.

Are there any prohibited activities?

Yes. The City's lobbying regulations regulates conduct for post-employment of certain City officials. Details of the prohibitions for each type of official are listed below:

• No former City elected official may, for a period of two years after the termination of the official's term of office, lobby for money or other consideration the Office of the City Administrator, a City elected official, or a City elected official's salaried at-will staff.
• No former salaried at-will staff of a City Councilor, may, for a period of one year after the termination of employment, lobby for money or other consideration any City elected official or their salaried at-will staff.
• No former salaried at-will staff of the Mayor, may, for a period of one year after the termination of employment, lobby for money or other consideration the Office of the City Administrator, the Mayor, or the Mayor's salaried at-will staff.
• No former salaried at-will staff of the Auditor, may, for a period of one year after the termination of employment, lobby for money or other consideration the Auditor or the Auditor's salaried at-will staff.
• No former City director, may, for a period of two years after termination of the director's appointment, lobby for money or other consideration:
  • The current City director of the office or bureau to which the former City director was appointed. or regarding matters within the powers and duties of the bureau to which the former City director was appointed.
  • The Mayor or the Office of the City Administrator regarding matters within the powers and duties of the bureau or office to which the former City director was appointed.
• No former City employee may lobby a City official for money or other consideration regarding a contract if the employee exercised contract management authority with respect to that contract while employed by the City. This prohibition is for the duration of the contract.

These prohibitions do not apply to:

1. Prevent any former City elected official or other City employee from representing themselves, or any member of their immediate family, in their individual capacities, in connection with any matter pending before the City;
2. The activities of any former City elected official or other City employee who is an elected or appointed officer or employee of any public body, when that former City elected official or other City employee is solely representing that agency in their official capacity as an officer or employee of the public body;
3. Any ministerial action. A ministerial action is one that does not require a City official or other City employee to exercise discretion concerning any outcome or course of action; or
4. Prevent City officials or other City employees from seeking information or participation from former City elected officials or other City employees where the public interest would be served by the information or participation.

Have additional questions? Please contact Portland City Elections at lobbyist@portlandoregon.gov or 503-823-4022.