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2.10.050 Implementation and Enforcement.

City code section

(Amended by Ordinance 192156, effective April 17, 2026.)

  1. A.  The provisions of this Chapter shall take effect on September 1, 2019.
  2. B.  Each violation of any provision in this Chapter shall be punishable by imposition of a civil fine which is not less than 2 nor more than 20 times the amount of the unlawful Contribution or Expenditure or Independent Expenditure at issue.
  3. C.  Any person may file a written complaint of a violation of any provision in this Chapter with the City Auditor.
  4. D.  The City Auditor, otherwise having reason to believe that a violation of any provision has occurred, shall issue a complaint regarding such violation.
  5. E.  Upon receipt or issuance of a complaint, the City Auditor:
    1. 1.  Will, at the same time it issues a complaint, issue a notification, including a copy of the complaint, to every person who is the object of the complaint.
    2. 2. Will, within two calendar days of receiving a complaint from any person, issue a notification, including a copy of the complaint, to every person who is the object of the complaint. Notice deadlines calculated by calendar days in this Section 2.10.050 shall be determined by reference to Section 2.02.050.
    3. 3.  Will, within 14 calendar days of receiving a complaint from any person, review the complaint and evaluate it to determine whether the complaint, on its face, states a violation of any provision in this Chapter. 
      1. a.  For purposes of evaluation, the City Auditor: 
        1. (1) Will assume that all plausible allegations of fact in the complaint are true; 
        2. (2) Will give no weight to conclusions unsupported by specific facts; and 
        3. (3) May take notice of any facts that it deems reliable and that are readily and publicly available.
      2. b.  If the City Auditor determines that the complaint, on its face, does not state a violation of any provision in this Chapter, then the City Auditor will, within 14 calendar days after receiving the complaint, notify the complainant that the complaint is dismissed and take no further action on the complaint. 
      3. c.  If the City Auditor dismisses the complaint, the complainant may, within 30 calendar days of the notice of dismissal, request an administrative hearing before a neutral hearing officer to contest the dismissal.
      4. d.  Hearings to contest notices of dismissal, and any subsequent appeals, will proceed as described in Subsections J, K, and L, (concerning hearings to contest preliminary decisions of violation).
      5. e. If the City Auditor determines that the complaint, on its face, states a violation of any provision in this Chapter, then the City Auditor will, within 14 calendar days after receiving the complaint, issue a notice of investigation simultaneously to the complainant and to every person who is the object of the complaint. The City Auditor will include a copy of the complaint with the notice it provides to the object of the complaint. 
    4. 4. Will accept written materials supporting or opposing the complaint.
    5. 5. Will render a preliminary decision on the complaint within 30 calendar days of the notice of investigation.
  6. F. The City Auditor may extend the deadline in Subsection 2.10.050 E.5. if the City Auditor finds good cause to exist that the extension is necessary in order to conduct a rigorous and fair inquiry into the complaint.  
    1. 1.  Upon extending a deadline, the City Auditor will promptly notify the complainant and the object(s) of the complaint about the extension and the reason(s) why the extension is necessary.  The City Auditor will put the same information on its website.
    2. 2. 14 days after the original deadline, and every 14 days thereafter for as long as the extension continues, the City Auditor will reevaluate its determination of good cause. If it continues to find good cause for the extension, it will update the website with the basis for that determination. If it finds that good cause does no longer exist, it will update the website accordingly and specify an end date for the extension.                                                                      
    3. 3.  The City Auditor will specify by rule the method of providing notice, the content required for the notice, and permissible grounds for extending a deadline.
  7. G.  The City Auditor may issue subpoenas to compel the production of records, documents, books, papers, memoranda or other information necessary to determine compliance with the provisions of this Chapter.
  8. H.  Upon preliminary finding a violation of the requirement for timely disclosure set forth in Section 2.10.030, the City Auditor shall determine the true original sources of the Contributions and/or Independent Expenditures used to fund the Communication at issue and shall immediately issue a statement to all interested parties and news organizations containing all of the information about the involved donor(s) required by Section 2.10.030.
  9. I.  After the City Auditor makes a preliminary decision on the complaint, it will promptly notify the complainant and the object(s) of the complaint about the preliminary decision and about their right to contest the preliminary decision.
  10. J.  Administrative appeal.
    1. 1.  The complainant or any object of the complaint may, within 30 calendar days of the notice of the preliminary decision, request an administrative hearing before a neutral hearing officer to contest the preliminary decision. 
    2. 2.  The City Auditor will provide an administrative hearing before a neutral hearing officer upon timely request by the complainant or any object of the complaint. 
    3. 3.  The City Auditor will publish rules designating one or more hearing officers and specifying the procedures for administrative hearings. 
    4. 4.  The hearing officer assigned to an administrative hearing:
      1. a.  Will schedule a hearing to begin within 30 days of the request for hearing.
      2. b.  Will render a written decision within 30 days after the hearing ends.
      3. c.  May extend these deadlines for good cause, after considering the schedules of the hearing officer and the parties, the availability of witnesses and evidence, the complexity of the factual and legal issues involved, the equitable and efficient administration of justice, and the public interest in timely resolution.
    5. 5.  The hearing officer's written decision will constitute a final order. 
  11. K. The complainant or any person who is the object of the complaint may, within 30 calendar days of the issuance of the decision, appeal that order to the appropriate state court.
  12. L.  The decision in the matter shall be deemed final, following completion of any administrative appeal and any judicial review. Such decision shall be enforced by the City of Portland. If the decision is not enforced within 30 calendar days of the decision becoming final, the complainant may bring a civil action in a representative capacity for the collection of the applicable civil penalty, payable to the City of Portland, and for any appropriate equitable relief.

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