ARA-14.01 - Political Consultant Registration and Reporting

Section 2-506 of the Portland City Charter authorizes the City Auditor to adopt, amend, and repeal administrative rules to carry out the Auditor’s Office’s duties. In addition, Code Section 2.14.080 authorizes the City Auditor to adopt administrative rules to administer the Political Consultant Reporting Program.

C. Construction and Interpretation

Code Chapter 2.14 was enacted to improve transparency by disclosing relationships between City elected officials and their political consultants. In accordance with Code Section 1.01.060, the provisions of Code Chapter 2.14 must be construed with a view to achieve its objectives and promote justice.

Registering as a political consultant with the City is free. To promote the spirit and intent of the law, all individuals and entities are encouraged to register if they may be subject to the registration requirement, and City elected officials are encouraged to disclose all applicable services.

The definitions set forth in Code Section 2.14.020 apply to this rule.

1. For purposes of this rule and the Political Consultant Reporting Program:
   1. “Covered client” means a City elected official; a successful candidate for City office or a successful candidate’s principal campaign committee registered with the Oregon Secretary of State; or a person appointed or succeeding to the position of a City elected official pursuant to Charter Section 2-206.
2. Terms not otherwise defined have the meaning given to them in Code Chapter 2.14.
3. According to Code Section 2.14.020 C., the term “political consultant” does not include an individual who does not engage in Political Consulting Services as a trade or profession. An individual “does not engage in Political Consulting Services as a trade or profession” if the person provides political consulting services only occasionally, characterized by occurring on a temporary or intermittent basis, and accounting for less than 50 percent of the person’s actual work or volunteer time on a quarterly basis.
   
   Examples:
   1. A communications firm provides political consulting services to a City elected official’s campaign committee (a covered client), on behalf of the candidate’s campaign. An individual working for the firm spends more than 50 percent of their actual work hours during the calendar quarter providing political consulting services on behalf of the covered client, as well as to other candidates and state and local campaigns. Because the firm’s primary activity is providing political consulting services and the individual provides such services on behalf of a covered client, the firm is required to register with the Auditor’s Office within 15 calendar days of providing political consulting services to the covered client, in accordance with Code Section 2.14.030.
   2. An individual at a firm providing primarily technical communications services is employed to set up a City elected official’s website and maintain it as necessary throughout the year, including providing services that are considered political consulting services. However, in total, the individual spends less than 50 percent of their working hours in a calendar quarter providing political consulting services to the covered client and other candidates and state and local campaigns. As a result, the individual’s services are considered intermittent or occasional, and therefore they are not considered to be a political consultant for purposes of the Political Consultant Reporting Program.
       

1. Individuals or entities that provide only incidental or unsolicited political consulting services are not required to register as political consultants, and City elected officials are not required to disclose incidental and unsolicited political consulting services in their quarterly reports. Examples of incidental or unsolicited political consulting services include:
   1. A covered client’s interview of a political consultant as part of a hiring process to determine whether or not to obtain services from the political consultant.
   2. Communications between a political consultant and a covered client regarding general topics, including those of a political nature, that do not involve providing political consulting services to or on behalf of the covered client.
      
      Example: A City elected official and a professional political consultant discuss a state ballot measure campaign, but do not discuss the elected official’s campaign or political strategy related to it. The conversation does not trigger political consultant registration and reporting requirements because political consulting services were not provided to or on behalf of the covered client.
       
   3. Unsolicited political consulting services provided by a political consultant outside of a mutually agreed upon professional relationship.
      
      Example: A professional political consultant and a City elected official discuss the elected official’s campaign strategy at a social event. The political consultant is not currently and has never been engaged by the elected official to provide political consulting services and the conversation is unsolicited by the elected official. The communication does not trigger political consultant registration and reporting requirements because political consulting services were provided outside of a mutually agreed upon professional relationship.
       
2. The term “political consultant” does not apply to a person that provides political consulting services to a non-covered client (e.g., a labor organization or other member-based association), but that incidentally, while working on behalf of the non- covered client, discusses political strategy or polling data with a City elected official, a candidate for City office, or a campaign committee for a candidate.
   
   Example: An individual representing a member-based business group discusses polling data and political strategy with a Councilor. The business group provides services on behalf of its members. The individual is representing the business group and its interests when meeting with the Councilor, and has not been hired to provide political consulting services to the Councilor. Because neither the business group nor the individual is providing political consulting services on behalf of a covered client, neither is required to register as a political consultant. (Note, however, that campaign finance regulations may be implicated. See Code Chapter 2.10 Campaign Finance in Candidate Elections.)
   
   NOTE: A person that communicates with City officials regarding official City actions may be required to register and report under Code Chapter 2.12 Regulation of Lobbying Entities.

1. The Auditor’s Office provides a Political Consultant Filing Portal. I Political consultants and City elected officials must use this system to register and file reports required under Code Chapter 2.14. A political consultant without internet access may make arrangements to use a public computer in the Auditor’s Office for the purpose of complying with Code Chapter 2.14.
2. The Auditor's Office provides written training materials with detailed instructions for accessing the portal and filing quarterly reports on the City’s website. In-person trainings are also available upon request.