2.16.030 Administrative Rules, Commission's Duties and Authority.

City Code Section

(Amended by Ordinances 189336190598 and 191335, effective July 21, 2023.)

  1. A.  The Commission may adopt, amend, and repeal administrative rules relating to matters within the scope of this Chapter, subject to City Attorney review and approval for compliance with City Code and other relevant regulations.  The authority to adopt, amend, and repeal such administrative rules will remain in effect until a City Administrator is hired, at which point the City Administrator will have the authority to adopt, amend, and repeal administrative rules or delegate such authority to a bureau director.
    1. 1.  Before adopting, amending, or repealing a rule, the Commission must notify interested parties and hold a public comment period. Such notice, which may be provided by mail or electronic means, such as posting on the Commission’s website, must be published at least 4 weeks before the close of the public comment period. The notice must include instructions on how an interested party may comment on the proposed rule, a brief description of the subjects covered by the proposed rule, and how to access the full text of the proposed rule.

      2.  During the public comment period, the Commission will receive written comments concerning the proposed rule. At the conclusion of the public comment period, the Commission will either adopt the proposed rule, modify it, or reject it, taking into consideration the comments received. If the Commission makes a substantial modification, it will hold an additional public comment period. Unless otherwise stated, all rules are effective upon adoption by the Commission. All rules adopted by the Commission will be filed with the Commission and the City Auditor’s Office. Copies of all current rules will be posted on the Commission’s website and included on the Auditor’s website under the Portland Policy Documents.

      3.  Notwithstanding Subsections 1. and 2. above, the Commission may adopt an interim rule without prior public notice upon a finding that failure to act promptly will result in serious prejudice to the public interest or the interest of the affected parties, stating the specific reasons for such prejudice. An interim rule adopted pursuant to this Subsection is effective for a period of not more than 180 calendar days. The Commission may extend the interim rule past the 180 calendar days for good cause, as determined in the Commission’s sole discretion.

  2. B.  The rules proposed by the Commission must specify:

    1. 1.  How and when information about and documentation for contributions and expenditures must be submitted to the Director;

    2. 2.  The process for applying for certification;
    3. 3.  Other policies necessary to implement this Chapter, including but not limited to:
      1. a.  Reporting requirements for participating and non-participating candidates;
      2. b.  Additional spending prohibitions;
      3. c.  A process by which participating candidates can change which covered office they are running for;
      4. d.  Collection of revenues for the Fund;
      5. e.  Distribution of Fund revenues to certified candidates;
      6. f.  Penalty matrix detailing penalties for potential violations of this Chapter;
      7. g.  Inspection of reports and documents for compliance with this Chapter; and
      8. h.  Investigation and enforcement of alleged violations this Chapter.