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WHEREAS, Portland Fire & Rescue is expanding the Portland Street Response and Community Health Assess and Treat programs, which includes hiring additional staff, and

WHEREAS, Portland Fire & Rescue needs additional physical space to house these expanded programs and new employees; and

WHEREAS, No City-owned space is currently available to Portland Fire & Rescue for this purpose which both meets Portland Fire & Rescue’s needs and is financially viable to lease; and

WHEREAS, The Portland Fire Fighters Charitable Fund, Inc. presently leases space from Portland Fire Fighters’ Association in a building owned by Portland Fire Fighters’ Association which meets Portland Fire & Rescue’s needs and the needs of the public; and

WHEREAS, The Portland Fire Fighters Charitable Fund, Inc. has offered to sublease the space to Portland Fire & Rescue for a rate far less than Portland Fire & Rescue would pay for comparable space available in City-owned buildings, and

WHEREAS, The City has raised concerns that the lease arrangement might violate provisions of the Public Employee Collective Bargaining Act (PECBA), and

WHEREAS, The Portland Fire Fighters Association’s position is that it is not a violation of the PECBA for the City to sublease space that ultimately provides income to the Portland Fire Fighters Association, and  

WHEREAS, Portland Fire Fighters Association has offered to jointly file a petition for a declaratory ruling before the Employment Relations Board with the City to obtain a ruling from the Board that resolves those legal questions. 

NOW, THEREFORE, BE IT RESOLVED, the City Attorney is authorized to jointly institute a petition for a declaratory ruling with Portland Fire Fighters Association before the Employment Relations Board to issue a determination as to whether a sublease arrangement with Portland Fire Fighters Charitable Fund, Inc. would violate the Public Employee Collective Bargaining Act, or other legal proceedings in other venues that may be appropriate to reach a determination as to any legal issues related to this issue, and to pursue to conclusion those proceedings through all level of appeal, and to join all appropriate parties, and, in furtherance or resolution of such proceedings, is authorized to make any stipulation, agreement, or admission as in their judgment may be in the best interest of the City.