City Auditor Report to Council on the Charter Commission's Proposed Measure to Voters
REPORT TO COUNCIL
June 29, 2022
To: Mayor Ted Wheeler,
Commissioner Jo Ann Hardesty
Commissioner Mingus Mapps
Commissioner Carmen Rubio
Commissioner Dan Ryan
From: Auditor Mary Hull Caballero on behalf of the Portland Charter Commission
Subject: Report on Charter Commission’s Proposed Measure to Voters
The Portland Charter Commission voted June 14, 2022, to submit Charter amendments to the voters on the November 2022 General Election ballot. All amendments were supported by an affirmative vote of at least 15 members. The Commission subsequently approved effective dates for the amendments at a June 21, 2022, meeting, as well as some technical edits related to the effective dates. Those changes, too, were supported by an affirmative vote of at least 15 members.
Charter Section 13-302 requires that all amendments receiving at least 15 votes of Commission members be submitted to the voters.
The proposed measure amends the following sections of the City Charter:
- Amend Charter Section 1-104
- Amend Charter Section 1-106
- Amend Charter Section 2-101
- Amend Charter Section 2-102
- Amend Charter Section 2-103
- Amend Charter Section 2-104
- Amend Charter Section 2-105
- Amend Charter Section 2-106
- Amend Charter Section 2-108
- Amend Charter Section 2-109
- Amend Charter Section 2-110
- Amend Charter Section 2-111
- Amend Charter Section 2-112
- Amend Charter Section 2-113
- Amend Charter Section 2-114
- Amend Charter Section 2-117
- Amend Charter Section 2-120
- Amend Charter Section 2-124
- Amend Charter Section 2-125
- Amend Charter Section 2-126
- Amend Charter Section 2-127
- Add Charter Section 2-128
- Amend Charter Section 2-201
- Amend Charter Section 2-202
- Amend Charter Section 2-206
- Add Charter Section 2-207
- Amend Charter Section 2-301
- Delete Charter Section 2-302
- Delete Charter Section 2-303
- Amend Charter Section 2-304
- Amend Charter Section 2-401
- Amend Charter Section 2-404
- Add Charter Section 2-406
- Amend Charter Section 2-502
- Amend Charter Section 2-503
- Amend Charter Section 2-504
- Amend Charter Section 2-508
- Amend Charter Section 2-601
- Amend Charter Section 2-602
- Amend Charter Section 2-603
- Amend Charter Section 2-604
- Amend Charter Section 2-606
- Amend Charter Section 2-611
- Amend Charter Section 2-701
- Amend Charter Section 2-801
- Amend Charter Section 2-802
- Amend Charter Section 2-1006
- Amend Charter Section 3-101
- Replace Charter Section 3-102
- Amend Charter Section 3-105
- Add Charter Section 3-107
- Add Charter Section 3-108
- Add Charter Section 3-109
- Add Charter Section 3-110
- Amend Charter Section 3-201
- Amend Charter Section 4-301
- Amend Charter Section 5-102
- Amend Charter Section 5-103
- Amend Charter Section 5-202
- Amend Charter Section 5-403
- Amend Charter Section 7-101
- Amend Charter Section 7-102
- Amend Charter Section 7-103
- Amend Charter Section 7-104
- Amend Charter Section 7-105
- Amend Charter Section 7-108
- Amend Charter Section 7-109
- Amend Charter Section 7-111
- Amend Charter Section 7-113
- Amend Charter Section 7-202
- Amend Charter Section 8-101
- Amend Charter Section 8-102
- Amend Charter Section 8-104
- Amend Charter Section 8-105
- Amend Charter Section 8-106
- Amend Charter Section 9-103
- Amend Charter Section 9-105
- Amend Charter Section 9-203
- Amend Charter Section 9-302
- Amend Charter Section 9-304
- Amend Charter Section 9-305
- Amend Charter Section 9-406
- Amend Charter Section 9-407
- Amend Charter Section 9-502
- Amend Charter Section 9-601
- Amend Charter Section 9-602
- Amend Charter Section 9-704
- Amend Charter Section 10-104
- Amend Charter Section 10-107
- Amend Charter Section 10-108
- Amend Charter Section 10-203
- Amend Charter Section 10-204
- Amend Charter Section 10-207
- Amend Charter Section 10-209
- Amend Charter Section 10-210
- Amend Charter Section 10-212
- Amend Charter Section 10-215
- Amend Charter Section 10-218
- Amend Charter Section 11-101
- Amend Charter Section 11-102
- Amend Charter Section 11-106
- Amend Charter Section 11-201
- Amend Charter Section 11-301
- Amend Charter Section 11-302
- Amend Charter Section 11-303
- Amend Charter Section 12-101
- Amend Charter Section 12-102
- Amend Charter Section 12-301
- Amend Charter Section 12-302
- Amend Charter Section 13-101
- Amend Charter Section 13-201
- Amend Charter Section 13-301
- Amend Charter Section 15-104
- Amend Charter Section 15-105
Please see Attachment 1 for the specific amendments in the text.
The City Attorney is preparing the ballot title and explanatory statement for the measure. After allowing for any ballot title challenges, my office will file the measure with County elections officials to be placed on the November 2022 General Election ballot. The measure is considered referred once the City Auditor files and County elections officials receive the Notice of Measure Election form.
The Charter Commission also prepared a report that summarizes its work. Please see Attachment 2 for the Charter Commission’s Progress Report.
Official Record (Efiles)
Impact Statement
Purpose of Proposed Legislation and Background Information
Portland City Charter requires that, at least once every ten years, City Council appoints a 20-member Charter Commission to review and recommend changes to the charter. City Council appointed the current Charter Commission in December 2020. If 15 or more Charter Commissioners agree to a recommended charter amendment, then those recommendations go directly to the ballot for Portlanders to vote on.
For the past 18 months, Charter Commissioners have taken input from community members to develop and refine a measure to deliver change Portlanders are calling for.
On June 14, 2022, the Charter Commission voted to submit charter amendments as a measure to the voters at the November 2022 General Election. All amendments were supported by an affirmative vote of 17 members, exceeding the 15 or more requirement for direct submittal to the ballot. On June 21, 2022, the Charter Commission voted by more than the 15 required for direct submittal to the ballot to approve effective dates of charter amendments as well as technical edits to ensure alignment with the approved effective dates.
Portland City Charter Section 13-302 requires the recommendations be presented to the City Council at least 120 days before the recommendations are submitted to voters.
Portland City Code 2.04.110 requires the Auditor to file the measure as a report from the Charter Commission to the Council.
Financial and Budgetary Impacts
There is no fiscal impact to the Auditor’s report to Council. However, if Portland voters approve the measure in November 2022, the city will need to allocate funds to implement the will of the voters.
The City Budget Office provided an estimate of the fiscal impact of the measure. The estimate is based on Fiscal Year 2022-2023 numbers. The estimate does not include assumptions around the second-order effects of charter reforms, such as potential savings from changing or consolidating bureau functions or the cost of creating new programs or functions.
One-time cost estimates of this transition are approximately $4.0M to $5.9M per year, or between 0.6% and 1.0% of Fiscal Year 2022-2023 discretionary resources, during the assumed three-year transition period from 2022 to 2025.
Annual ongoing costs of the proposed reforms are estimated between $0.9M to $8.7M annually, which equates to between 0.1% and 1.4% of the city’s General Fund discretionary resources.
More information can be found in the Charter Commission’s sixth progress report, attached as Exhibit B to the Auditor’s report.
Community Impacts and Community Involvement
There is no community impact or involvement to the Auditor’s report to Council. However, if Portland voters approve the measure in November 2022, there is significant community impact.
The important work of charter reform requires engaging Portlanders across neighborhoods, lived experiences, and backgrounds. The Charter Commission is committed to a community-driven process informed by an equitable, accessible, and transparent community engagement process.
More information can be found in the Charter Commission’s sixth progress report, attached as Exhibit B to the Auditor’s report.
100% Renewable Goal
While the proposed revisions to the Charter do not directly impact the City’s 100% renewable goal, the proposed charter amendments do require a new responsibility of both a mayor and city administrator to advance the city’s efforts to mitigate the human-made climate crisis and prioritize environmental justice initiatives.
Budget Office Financial Impact Analysis
There is no financial impact with the receipt of the report. Pending final decisions and implementation of any voter approved Charter Changes there is, however, an estimate of impact ranging from $0.9 million to $8.7 million in annual on-going costs and $4.0 million to $5.9 million per year in one-time costs across an assumed 3-year transition period. There is no new dedicated resource associated with any voter approved change to the City’s Charter, and the costs may require internal reallocation of General Fund resources.