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Auditor Mary Hull Caballero

Promoting open and accountable government

2002 Form of Government Language

AN ACT
 
BE IT ENACTED BY THE PEOPLE OF THE CITY OF PORTLAND
 
The City Charter of the City of Portland is amended and restated as follows:
 
1. Amend Chapter 1, Article 1 – Section 1-104 as follows:
 
Section 1-104. Alienability of Public Places and Property and Limitations Thereon. The City of Portland may not divest itself of title it has or may acquire in and to water front, wharf property, land under water and made land built upon same, or any lands on the water side of the high water or meander lines of navigable waters as established by the original United States surveys and conformed to by the original plats of the City of Portland, or any landing, wharf, dock, highway, bridge, avenue, street, alley, lane, park or any other public place, or like property that it may now own or hereafter may acquire, except as set forth in this Charter or as provided by statute.
 
The City may vacate street area if such vacation would not interfere with reasonable access to the water front or any transportation terminal. Favorable vote of at least four-fifths seven-ninths of all members of the Council shall be required for any ordinance of vacation. The Council may impose such conditions upon the street vacation as it deems appropriate in the public interest. This Section shall not be deemed to prevent replatting of subdivisions wherever situated, nor relocation of streets.
 
A street shall be held to fulfill its function as a street by being used in any way for the purpose of travel, transportation or distribution by or for the public; and where a street abuts or terminates against a waterway or connects with a railroad terminal it may be occupied by any structure or machinery facilitating or necessary to travel, transportation or distribution, or facilities for the protection of persons or property, which does not prevent access of the public to uses provided; and this clause shall include and apply to all structures necessary in the improvement of the public docks.
 
Wharves, docks, port and harbor facilities and other City-owned property or structures may be rented, leased or pledged, provided that the present or future right of the public to use thereof is preserved or will be promoted.
 
No dedication by the City of any park, playground or public place shall be terminated unless the Council finds that such dedicated area is no longer needed for the dedication purpose, or that another public use has a greater need for such property, or that another location would further the public use. When such dedication is terminated, the property may be leased, sold or exchanged.
 
The Council may rent or lease area below or above parks, public places, streets, viaducts, tunnels and other facilities, where the public use is preserved.
 
The City may sell, dispose of or exchange any buildings, structures or property, real or personal, which it owns or may acquire not needed for public use, by negotiation, bid, auction or any other method the Council finds appropriate. Favorable vote of at least four-fifths seven-ninths of all members of the Council shall be necessary for any ordinance authorizing such sale, disposal or exchange. The City may sell property on contract for such term as the Council finds appropriate, notwithstanding any term limit elsewhere prescribed in the Charter. In cases where property to be exchanged is held by the City upon any trust (including property held as security for bond issues) the properly received in exchange shall be similarly held and any net income therefrom shall be applied to such trust.
 
The City may rent or lease property which will not be needed for public use during the term of the rental or lease for any term permitted by statute. [Ch. 1903, part of sec. 93; am. June 5, 1911, part of sec. 93; am. Nov. 2, 1912, part of sec. 93; am. May 3, 1913, part of sec. 66; rev. 1914, sec. 7; am. June 7, 1921; 1928 pub., sec. 7; 1942 recod., sec. 1-107; new sec. Nov. 2, 1948; rev. May 18, 1962.)
 
2. Amend Chapter 1, Article 1 – Section 1-106 as follows:
 
Section 1-106. Damage Claims, Insurance. Notice of and claims for damages arising out of the alleged torts of the City and those of its officers, employees and agents acting within the scope of their employment or duties, must be presented to the City Attorney within the time prescribed by law. The Council shall establish a Loss Reserve Fund and shall annually budget an amount sufficient to maintain such Fund on an actuarially sound basis. The monies in such Fund may be invested and reinvested in the like manner with other City funds and the earnings from such investment and reinvestment shall be credited to the Fund. Payments may be made from the Loss Reserve Fund to pay claims against the City, its officers, employees and agents, procure insurance against such liability, and pay costs related to the payment of claims including but not limited to payment of investigative, legal and administrative expenses. In the event the Council shall deem it advantageous to procure insurance against claims, the existence of J insurance shall be considered in determining the funding necessary to maintain the Loss Reserve Fund on an actuarially sound basis. The Commissioner In Charge Mayor may negotiate, compromise and settle any claims and may authorize the payment of any claim in an amount not to exceed five thousand dollars ($5,000). Payment exceeding five thousand dollars ($5,000) for any claim must be authorized by an ordinance. (Ch. 1903, sec. 9; rev. 1914, sec. 282; 1928 pub., sec. 282; 1942 recod., sec. 1-111; rev. May 18, 1962; rev. Nov. 2, 1976; am. May 20, 1986.)
 
3. Amend Chapter 2, Article 1 – Section 2-101 to read:
 
Section 2-101. Municipal Powers Vested In Council. The power, Allocation. The municipal powers and authority given to the municipal corporation of the City of Portland hereby are vested as follows: all legislative and quasi-judicial authority is vested in a the City Council and all executive and administrative authority is vested in the Mayor, subject to the initiative and referendum and other powers reserved to the people by the constitution Constitution of the State of Oregon as defined and prescribed by the provisions of the constitution Constitution and general laws relating thereto, and by the provisions of any more specific allocation as set forth in this Charter. [May 3, 1913, new sec. 6; rev. 1914, sec. 20; 1928 pub., sec 20; 1942 recod., sec. 2-101; am. Nov. 6, 1962.]
 
4. Amend Chapter 2, Article 1, Section 2-102 to read:
 
Section 2-102. City Council. The City Council of the City of Portland shall consist of a Mayor and four (4) Commissioners. [1942 recod., sec. 2-101 ; rev. Nov. 6, 1962.] nine (9) Council Members."
 
5. Amend Chapter 2, Article 1, Section 2-103 to read as follows:
 
Section 2-103. Boards and Commissions. The Council may create and establish such boards and commissions as it may deem necessary in addition to boards and commissions established by this Charter, and may abolish or alter from time to time any boards or commissions it has established or may establish. All powers and duties of abolished boards and commissions shall be exercised and performed by the Council. The Mayor may create such advisory boards or advisory commissions as the Mayor deems necessary or convenient, on such terms as the Mayor deems appropriate. [1942 recod., sec. 2-102; sec. 2-103; am. Nov. 6, 1962.]
 
6. Revise Chapter 2, Article 1, Section 2-104 to read as follows:
 
Section 2-104. General Powers. The Council shall have and exercise all legislative and quasi-judicial powers and authority conferred upon the City of Portland by this Charter or by general law, except where such power is herein expressly bestowed upon some other officer, board or commission to the exclusion of the Council. The Council shall not interfere with the exercise by the Mayor of the executive and administrative powers granted to the Mayor under this Charter. The Council may delegate any of its nonlegislative functions or powers to subordinate officers, boards or commissions as it may find appropriate. [May 3, 1913, part of new sec. 56; rev. 1914, sec. 18; 1928 pub., sec. 18; 1942 recod., sec. 2-104; am. Nov. 6, 1962.]
 
7. Amend Chapter 2, Article 1, Section 2-105 to read as follows:
 
2-105. Continuation of Specific Powers. The City of Portland by its Council has power and authority, subject to the provisions, limitations and restrictions contained in this Charter or in statute, to exercise any power or authority granted to the City by statute, general or special, or by this Charter, and may do any other act necessary or appropriate to carry out such authority, or exercise any other power implied by the specific power granted. [Ch. 1903, sec. 73; May 3, 1913, new sec. 34; rev. 1914, sec. 34; 1928 pub., sec. 34; 1942 recod., sec. 2-105; am. Nov. 6, 1962.]
 
8. Amend Chapter 2, Article 1, Section 2-105(a)(3) as follows:
 
(a) Among such specific powers, the City has power and authority:
 
1. To exercise within the City and City-owned property, all the powers commonly known as the police power to the same extent as the State of Oregon has or could exercise said power within said areas, and to make and enforce within said areas all necessary or appropriate water, local, police, sanitary and safety laws and regulations.
 
2. To secure the protection of persons and property and to provide for the health, cleanliness, ornament, peace, safety and good order of the City.
 
3. To provide for entering into contracts by the City for a period not exceeding five (5) years and the extension or renewal thereof by option or otherwise, for not to exceed an additional five (5) years, except as to property contracts which may extend for more than five (5) years, or as otherwise permitted by this Charter or by statute or by ordinance approved by the Council.
 
9. Amend Chapter 2, Article 1, Section 2-106, second sentence to read:
 
Section 2-106. Enumeration of Powers not a Limitation. The foregoing or other enumeration of particular powers granted to the Council in this Charter shall not be construed to impair any grant of power herein contained, express or implied, nor to limit any such general grant to powers of the same class or classes as those so enumerated. The City Council may exercise any legislative power or authority, and the Mayor may exercise any executive or administrative power or authority, granted by Oregon statute to municipal corporations at any time and also to cities of a class which includes the City of Portland. [Ch. 1903, sec. 74; rev. 1914, sec. 36; 1928 pub., sec. 36; 1942 recod., sec. 2-120; rev. Nov. 6, 1962.]
 
10. Amend Chapter 2, Article 1, Section 2-108 to read as follows:
 
Section 2-108. Emergency Fund. There shall be annually appropriated and set apart the sum of five thousand dollars ($5,000) to be known as the Emergency Fund of the Council and the Council may use and expend such Fund, or any part thereof, in its discretion for any purpose it may deem proper or advantageous to the public welfare, and shall not be required to furnish vouchers showing the purposes for which such expenditures were made. No part of such Fund shall be used as compensation or additional salary or for the personal benefit of the Mayor or any Commissioner. [May 3 Council Member. [May 3, 1913, new sec. 33; rev. 1914, sec. 31; 1928 pub., sec. 31; 1942 recod., sec. 2-117; rev. Nov. 6, 1962.]
 
11. Amend Chapter 2, Article 1, Section 2-110 to read as follows:
 
Section 2-110. Organization. At its first regular meeting each calendar year, or oftener at its option, the Council shall elect a President by majority vote. The Mayor President shall preside at all meetings of the Council. In the Mayor's President’s absence or disability, the President of the Council shall perform the duties of the Mayor. In the absence or disability of both President and Mayor, the other members of the Council shall select elect one of their number to perform the duties of President and Mayor during such absence. [May 3, 1913, new sec. 35; rev. 1914, sec. 37; 1928 pub., sec. 37; 1942 recod., sec. 2-121; rev. Nov. 6, 1962.]
 
12. Amend Chapter 2, Article 1, Section 2-113 to read as follows:
 
Section 2-113. Calendar. The Auditor shall produce for distribution at least twenty-four (24) hours before each legislative session a summary of all matters to come before the Council at the next regular legislative session. Only matters contained in said summary shall be considered at such legislative session unless four (4) seven (7) members of the Council shall vote to consider otherwise. [May 3, 1913, new sec. 30; rev. 1914, sec. 38; 1928 pub., sec. 38; 1942 recod., sec. 2-124; rev. Nov. 6, 1962; am. May 19, 1994.]
 
13. Amend Chapter 2, Article 1, Section 2-117 to read as follows:
 
Section 2-117. Transaction of Business. In the transaction of legislative or judicial business the Council shall act only by the passage of an ordinance. The ayes and nays shall be taken upon the passage of all ordinances and entered upon the journal of the proceedings of the Council. Every member Council Member, when present, must vote, unless a majority of the remainder of the Council approves the member's member’s excuse for disqualification, and every ordinance shall require the affirmative vote of three (3) members. five (5) members. Promptly after the passage of an ordinance the ordinance shall be delivered to the Mayor for signature by the Mayor. The ordinance shall become effective according to its terms when the Mayor has signed the ordinance. If the ordinance is not signed by the Mayor within ten (10) days of being delivered to the Mayor the ordinance shall be effective without the Mayor's signature. Within ten (10) days of the passage of any ordinance, or resolution except for: ordinances that result from the City’s exercise of quasi-judicial authority, an ordinance filling a Council Member's vacancy, or an ordinance overriding the Mayor's veto, the Mayor may veto such ordinance by a written veto statement signed by the Mayor. For all ordinances except those adopting or amending the City's budget, the Council may at any subsequent Council meeting within thirty (30) days of the Mayor's veto, override the Mayor’s veto by the affirmative vote of six (6) Council members, and the ordinance shall thereby become effective, without the Mayor's signature. [May 3, 1913, new sec. 22; rev. 1914, sec. 44; 1928 pub., sec. 44; 1942 recod., sec. 2-128; rev. Nov. 6, 1962.]
 
14. Amend Chapter 2, Article 12, Section 2-120, to read as follows:
 
Section 2-120. Ordinances, Passage. Every ordinance except an emergency ordinance shall have two (2) public readings of its title or the effect thereof. At least five (5) days shall elapse between the introduction and final passage of any ordinance and no ordinance shall be amended within five (5) days of its final passage except in the case of an emergency ordinance. An emergency ordinance shall have one public reading of its title or the effect thereof and may be enacted upon the date of its introduction, providing that it contains the statement that an emergency exists and specifies with distinctness the facts or reasons constituting such emergency. The unanimous affirmative vote of all members of the Council present, and of not less than four (4) members seven (7) affirmative votes shall be required to pass an emergency ordinance. [May 3, 1913, new sec. 25; rev. 1914, sec. 47; 1928 pub., sec. 47; 1942 recod., sec. 2-131; rev. Nov. 6, 1962; am. May 20, 1980.]
 
15. Amend Chapter 2, Article 1, Section 2-127, to read as follows:
 
Section 2-127. Consent Agenda. Notwithstanding the provisions of Sections 2-116, 2-117, and 2-120 of this Charter, the Council by rule may publish a procedure under which any ordinance, resolution or other action may be placed on a consent agenda. At any meeting at which there is a consent agenda on the calendar, the ayes and nays shall be taken upon the passage of all items on the consent agenda by a single Council vote. It shall not be necessary that there be a reading or readings of the titles or the effect of the items on a consent agenda or that time elapse between the introduction and final passage of the items. The unanimous vote of all members of the Council present, and of not less than four (4) seven (7) members, shall be required to pass a consent agenda. All items to be contained in a consent agenda shall be so listed in the summary of matters to come before the Council prepared under Section 2-113 of this Charter. Items on a consent agenda shall not be subject to amendment or debate. Any item shall be removed from a consent agenda on the request of a Council member, or on the request of any person who wished to be heard on the item, provided the request is made prior to taking the ayes and nays on the consent agenda. An item so removed from a consent agenda shall be treated as a regular calendar item for the meeting for which it was on the consent agenda. [May 20, 1980.)
 
16. Amend Chapter 2, Article 1 by adding a new Section 2-128 which shall read as follows:
 
Section 2-128 City Budget. The Mayor shall propose a City budget for the City’s fiscal year and shall submit the budget to the Council at least thirty (30) days prior to the beginning of the City’s fiscal year. The Council may approve of the Mayor's budget or may amend that budget. The budget or an amended budget shall not be effective unless and until it is approved of by: the Mayor and a majority of the Council. All funds of the City shall be expended only in conformance with a Council approved budget, or an amendment to that budget.
 
17. Amend Chapter 2, Article 2, Section 2-201 to read as follows:
 
Section 2-201. Elective Officers.
 
(A) There shall be no elective officers of the City of Portland other than the Mayor, four (4) Commissioners nine (9) Council Members, and the Auditor. All said officers shall be elected at large by the legal voters of the City of Portland and for a term of four (4) years. All said officers shall be elected as follows: the Mayor, Auditor and two (2) Council Members shall be elected at large and seven (7) Council Members shall be elected by districts, except as otherwise provided.
 
(B) The seven (7) Council Members to be elected by districts shall each be elected from one of the districts of the City to be established by the Council on or before January 1, 2004. By that date, the Council shall divide the City into seven (7) geographic districts. The criteria for establishing and, from time to time, redrawing, the districts’ boundaries shall be that each district shall be approximately equal in population based on the year 2000 decennial federal census and each subsequent decennial federal census, except as follows. Population variations among districts shall be limited to one (1) percent from the statistical mean population among all districts. Within sixty (60) days following each decennial federal census, the Auditor shall report to the Council on whether the then existing district boundaries continue to meet the above criteria. If it is determined by the Auditor that the then existing districts’ boundaries, or some of them, do not, in fact, meet the above criteria, then the Council will redraw the districts’ boundaries so as to be in conformance with the above criteria prior to the next primary election.
 
(C) At large Council Members shall have individual offices provided by the City at City Hall and District Council Members shall have an individual office provided by the City within their respective district. The City shall provide each District Council Member with the right to use meeting rooms and shared office space at City Hall.
 
(D) No change in the boundary of, or population included in, a district caused by annexation to the City or withdrawal of an area from the City shall abolish or terminate the office of any Council Member. Upon an annexation or withdrawal, the Council may, but need not, redraw district boundaries in accordance with the criteria in subsection B above. Upon an annexation and no adjustment to a district boundary by the Council, the annexed area shall become a part of that existing district with which it is most contiguous.
 
[May 3, 1913, new secs. 7 and 8; rev. 1914, sec. 21; 1928 pub., sec. 21; 1942 recod., sec. 2-107; rev. Nov. 6, 1962.]
 
18. Amend Chapter 2, Section 2-202 to read as follows:
 
Section 2-202. Qualifications. Each elected official shall be a citizen of the United States and of the State of Oregon, and a registered voter who shall have been a resident of the City of Portland or of an area which has become part of the City prior to filing the declaration of candidacy or petition for nomination, for a period of not less than one (1) year immediately preceding the nominating election. If any officer shall be elected without such qualifications or shall cease to have the same, the office shall immediately become vacant. A Council Member to be elected from a district must have established her/his principal residence in that district at least one (1) year prior to filing for that office and have been a registered voter in that district in the general election immediately preceding the date of filing for that office. If a Council Member moves his/her principal residence outside of the district from which he/she was elected, such action shall constitute resignation of the office of the Council Member. [May 3, 1913, new sec. 9; rev. 1914, sec. 22; 1928 pub., sec. 22; 1942 recod., sec. 2-108; rev. Nov. 6, 1962; am. Dec. 18, 1984.]
 
19. Amend Chapter 2, Section 2-206 (a) to read as follows:
 
Section 2-206. Vacancies In Office, Filling of Vacancies.
 
(a) A vacancy in office shall exist when the Mayor, a Commissioner Council Member or the Auditor fails to qualify by taking the oath following his or her election, or when any officer or employee dies, resigns, is removed from office, is convicted of a felony, is judicially declared to be mentally incompetent, is convicted of an offense which constitutes corruption, malfeasance or delinquency in office, forfeits his or her office under specific provisions of this Charter, or is elected or appointed to a different office, and qualifies, takes and assumes the duties of such different office.
 
20. Amend Chapter 2, Section 2-206 (f) to read as follows:
 
(f) If a vacancy occurs in the Office of the Mayor or Auditor, the Council may shall fill the office officer by appointment pending election as provided therein. herein, and the appointee need not be a Council Member. If a vacancy occurs in the Council, the Council may appoint a person to act as the Council Member until the election of the Council Member. If the vacancy is in a district Council Member position, the acting Council Member shall meet the residency and voting requirements of Chapter 2, Section 2-202.
 
21. Amend Chapter 2, Section 2-206 (g) to read as follows:
 
(g) In the event of the death or crippling disability preventing the performance of three (3) five (5) or more members of the City Council due to natural disaster, calamity, accident or enemy attack, the following City officials in the order named shall succeed to the vacancies on the City Council: City Auditor, City Attorney, Director of Office of Fiscal Administration, executive assistants of disabled Council members in the order of their seniority as an executive assistant. Any individual serving under this Section shall have all qualifications required in this Charter for an elected official. The City Council thus constituted shall serve as an interim Council for the purpose of transacting necessary City business. The interim Council so constituted shall as soon as practical select from among qualified citizens of the City of Portland, as defined by Section 2-202 of this Charter, persons to serve as members of the City Council. The persons so selected shall serve until the next regular election. The City Council as thus constituted shall, it if the regularly elected Mayor President of the Council is not a member thereof, elect one of their number as Mayor President of the Council. Members of the Council as thus constituted shall serve as City Commissioners Council Members by this Charter. The Council as constituted under authority of this subsection shall meet in the City Hall, if possible, but may meet at an alternate location which shall be designated in advance by the Council as an alternate site for the transaction of City business. In the event of martial law, the Council shall be organized as by this subsection provided, and it shall function to the extent possible under the order establishing martial law. The provisions of this subsection shall be supreme in the event it shall be employed, notwithstanding any other provisions of this Charier or ordinances of the City in conflict therewith. (May 3, 1913, new secs. 17 and 18; rev. 1914, secs. 29 and 30; 1928 pub., secs. 29 and 30; sec. 29, am. May 18, 1934; sec. 30, am. May 17, 1940; 1942 re cod., secs. 2-115 and 2-116; sub. sec. 5 added to sec. 2-116, Nov. 2, 1954; secs. 2-115 and 2-116 revised and combined Nov. 6, 1962; am. May 26, 1970; am. Dec. 14, 1971; am. May 20, 1980; am. May 17, 1988; am May 18, 1994.]
 
22. Add the following as subsection (h) of Chapter 2, Section 2-206:
 
(h) Upon the vacancy of the office of Mayor, the Council shall appoint an individual to serve as Mayor until an election can be held to fill the office of the Mayor.
 
23. Amend Chapter 2, Article 3, Section 2-301 to read as follows:
 
2-301. The Departments. The executive and administrative powers, authority and duties, not otherwise provided for herein, shall shall, subject to the overall authority of the Mayor, be distributed among at least five (5) departments as follows:
 
(a) Department of Public Affairs
 
(b) Department of Finance and Administration
 
(c) Department of Public Safety
 
(d) Department of Public Utilities
 
(e) Department of Public Works
 
Bureaus and their functions
 
The Mayor may establish bureaus or offices within Departments and a bureau or office shall be fixed by the Council by ordinance. The distribution of the bureaus and work among departments shall be made and may be changed a separate functional component of a Department. The Mayor shall, from time to time by the Mayor by order which shall be filed and preserved as an ordinance. The names of the departments may be changed in like manner, allocate work, functions, and responsibilities among Departments, bureaus and offices. The Mayor may in like manner assign matters relating to any commission or other city organization or public corporation to a particular department Department. Additional Departments may be created by ordinance. [May 3, 1913, part of new sec. 36; rev. 1914, sec. 54; 1928 pub., sec. 54; 1942 recod., sec. 2-201; rev. Nov. 6, 1962.]
 
24. Delete Chapter 2, Article 3, Section 2-302.
 
Section 2-302. Assignment and Authority of Commissioners. At the first regular meeting after the election of any Council member, the Mayor shall designate one member to be Commissioner In Charge of each department, who shat; thereafter be designated as Commissioner of such department, which designation may be changed and a transfer of Commissioners from one department to another be made, whenever it appears that the public service will be benefited thereby. Such assignment shall be made by the Mayor by order which shall be filed and preserved as an ordinance. The Commissioner In Charge of each department shall have the supervision and control of all the affairs and property which belong to that department, subject to the provisions of this Charter and to such regulation as may be prescribed by the Council. [May 3, 1913, new sec. 37; rev. 1914, secs. 55 and 56; 1928 pub., secs. 55 and 56; 1942 recod., sec. 2-202; rev. Nov. 6, 1962.]
 
25. Amend Chapter 2, Article 3, Section 2-303 to read as follows:
 
Section 2-303. Assignment of Work to Subordinates. The Council Mayor shall prescribe the powers and duties of officers and employees, may assign particular officers to one or more of the departments and may require an officer or employee to perform duties in two or more departments. The Council Mayor shall make such rules and regulations as may be necessary and proper for the efficient and economical conduct of the business of the City. [May 3, 1913, part of new sec. 36; rev. 1914, sec. 57; 1928 pub., sec. 57; 1942 recod., sec. 2-203; rev. Nov. 6, 1962.]
 
26. Amend Chapter 2, Article 4, Section 2-401 to read as follows:
 
Section 2-401. Duties, Authority. The Mayor has all of the duties, authorities, and responsibilities as the chief executive officer of the City and has all executive and administrative authority possessed by the City, except to the extent limited by this Charter. The Mayor shall be authorized to submit proposed ordinances and resolutions to the Council. The Mayor shall exercise a careful supervision over the general affairs executive and administrative business of the City. [Ch. 1903, sec. 147; rev. 1914, sec. 59; 1928 pub., sec. 59; 1942 recod., sec. 2-301; rev. Nov. 6, 1962.]
 
27. Add the following as Section 2-406 to Chapter 2, Article 4:
 
Section 2-406. The salary of the Mayor shall be at least equal to the average of the salary of all Department Directors.
 
28. Add the following as Section 2-407 to Chapter 2, Article 4:
 
Section 2-407. In the event that the Mayor is physically incapacitated for a period of time, and is incapable of performing the responsibilities of that office, but a vacancy in the office of the Mayor has not occurred, then the Mayor's Chief of Staff shall serve as acting Mayor until the incapacity is remedied and the Mayor is capable of performing the responsibilities of the position of Mayor.
 
29. Amend Chapter 2, Article 5, Section 2-501 to read as follows:
 
Section 2-501. Qualifications and Restrictions on Other City Candidacy. There shall be an Auditor of the City of Portland who shall possess the same qualifications required of a Commissioner Council Member, and in addition, shall at the time of filing a declaration of candidacy, or a nominating petition for the office of Auditor be a Certified Public Accountant, Certified Internal Auditor, or Certified Management Accountant and remain certified as such throughout the term of office, if elected. The Auditor shall be elected at the general municipal election and shall serve for a term of four (4) years. If an Auditor shall be elected without such qualifications or shall cease to have the same, the office shall immediately become vacant. The Auditor shall not run for election to any other City office during his or her term. The act of filing for another City office will be the same as a resignation, which shall be effective as of the date of such filing. [Ch. 1903, sec. 269; am. May 3, 1913, sec. 97; rev. 1914, sec. 64; 1928 pub., sec. 64; 1942 recod., sec. 2-401; rev. Nov. 6, 1962; am. May 15, 1984; am. May 20, 1986; am. May 18, 1994.]
 
30. Amend Chapter 2, Article 5, Section 2-505(b) to read as follows:
 
(b) City bureau managers shall respond to audit recommendations made by the Auditor, through the Commissioner In Charge Mayor, to the Auditor, in writing within the time specified by the Auditor. All audit reports and responses shall be made available to the public. The Auditor shall retain workpaper files concerning all audit reports issued for at least six years.
 
31. Amend Chapter 2, Article 6, Section 2-601 to read as follows:
 
Section 2-601. Appointive Mayor Appointed Officers., Boards.
 
(a) The Council Mayor shall appoint the City Attorney subject to the confirmation of the Council. The Mayor shall appoint members of have the authority to appoint, manage and remove the following appointed officers: a Director and a Deputy Director of each Department, bureau or office and such appointed officers shall serve at the pleasure of the Mayor. Each such appointed officer shall possess education, professional training and prior working experience reasonably commensurate with the office to which such person is being appointed. Such appointed officers are not subject to Chapter 4 of this Charter."
 
(b) The Mayor shall appoint persons to serve on all appointive City boards and commissions subject to Council confirmation. Heads of other offices and bureaus shall be appointed by the Commissioner In Charge of the department to which such office or bureau is assigned by the Council. Such persons may be removed at any time by the Mayor. [May 3, 1913, new sec. 102; rev. 1914, sec. 80; 1928 pub., sec. 80; 1942 recod., sec. 2-501; rev. Nov. 6, 1962; am. May 20, 1980.]
 
The City Attorney shall be a member in good standing of the Bar of the State of Oregon. The City Attorney may have one or more deputies who are members of the Bar of the State of Oregon to be appointed by the City Attorney in writing and to continue during the City Attorney's pleasure. The number and compensation of such deputies shall be fixed by the Council and they shall be deemed removed on the removal or resignation of the City Attorney. The Chief of Police shall have had at least ten years active police experience.
 
32. Amend Chapter 2, Article 6, Section 2-602 to read as follows:
 
Section 2-602. Qualifications and Removals Council Appointed Officers. The Council shall appoint a Council Administrator who shall serve at the pleasure of the Council and who shall not be subject to Chapter 4 of this Charter. The Council Administrator shall be responsible for the administrative activities of the Council that are not duties of the Auditor pursuant to this Charter. The Council may also hire additional staff for the efficient operation of the Council and Council committees. All officers appointed by the Council shall serve during the pleasure of the Council. Any may be removed for cause at any time by a majority vote of the Council. A statement of reasons for the removal shall be included in the order, and the officer removed shall have the right to make a counter statement in writing which shall be filed and preserved with the order of removal. The order of removal shall not be reviewable. Vacancies in any of such offices shall be filled by the Council. The Council may by ordinance impose any duties upon any officer not inconsistent with the general character of such office, and may divide or consolidate any of said offices. It shall also fix and may change from time to time the salaries of every officer. The officers appointed by the Council shall at the time of their appointment be citizens of the United States.
 
The City Attorney
 
Each Council Member shall be a member in good standing of the Bar of the State of Oregon. The City Attorney may have one or more deputies who are members of the Bar of the State of Oregon to be appointed by the City Attorney in writing and to continue during the City Attorney's pleasure. The number and compensation of such deputies shall be fixed by the Council entitled to hire two (2) full-time staff assistants at City expense. Such employees shall serve at the pleasure of the Council Member which hired them, and they shall be deemed removed on the removal or resignation of the City Attorney. The Chief of Police shall have had at least ten years active police experience. not be subject to Chapter 4 of this Charter.
 
[May 3, 1913, new sec. 103; rev. 1914, sec. 81; 1928 pub., sec. 81; 1942 recod., sec. 2-502; rev. Nov. 6, 1962.]
 
33. Amend Chapter 2, Article 6, Section 2-603 to read as follows:
 
Section 2-603. Subordinate Offices and Employments. The Council Mayor shall have the power by ordinance to create and abolish all such subordinate offices, places and employments in the service of the City as it the Mayor may deem necessary for efficient and economical administration. The Mayor and each Commissioner shall appoint and may suspend or remove the incumbents of all subordinate offices and employments in his or her department, subject to other provisions of this Charter. The Auditor shall appoint and may suspend or remove the incumbents of all subordinate offices and employments within his or her office, or under his or her supervision. The chief executive officer of any board, or commission, when authorized to do so by the board or commission, or the board or commission itself shall appoint and may suspend or remove the incumbents of all subordinate offices and employments within his or her offices, or under his or her supervision. All such appointments, suspensions and removals shall be subject to the civil service rules of this Charter except as to incumbents of positions expressly exempted therefrom. [May 3, 1913, new sec. 104; rev. 1914, sec. 82; 1928 pub., sec. 82; 1942 recod., sec. 2-503; rev. Nov. 6, 1962; am. May 18, 1994.]
 
34. Amend Chapter 2, Article 6, Section 2-604 to read as follows:
 
Section 2-604. Experts. The Mayor or the Council may from time to time appoint consulting employees to perform technical or scientific services whose employment shall continue only so long as the particular occasion shall continue and who shall not be subject to the civil service rules of this Charter and of whom the qualifications elsewhere prescribed in this Chapter shall not be required. [May 3, 1913, new sec. 105; rev. 1914, sec. 83; 1928 pub., sec. 83; 1942 recod., sec. 2-504; rev. Nov. 6, 1962.]
 
35. Amend Chapter 2, Article 6, Section 2-605 to read as follows:
 
Section 2-605. Requirements for All Officials. No person shall at any time hold more than one office yielding pecuniary compensation under this Charter or under the Mayor, Council or any departments of the City, unless such offices are part-time or the hours of work of one of such offices do not conflict with the hours of the other office and such employment in different offices is expressly authorized by ordinance order of the Mayor. (Ch. 1903, sec. 128; rev. 1914, sec. 85; 1928 pub., sec. 85; 1942 recod., sec. 2-505; am. Nov. 2, 1954; rev. Nov. 6, 1962.]
 
36. Amend Chapter 2, Article 8, Section 2-802 to read as follows:
 
Section 2-802. Inspection and Certified Copies. All public records of every office and department shall be open to the inspection of any citizen at any time during business hours subject to the provisions of the State Public Records laws, except records of bureaus charged with law enforcement relating to investigations for possible prosecutions and interdepartmental or interbureau advice and memoranda, which records shall not be opened for such inspection unless such opening is ordered by a court or specific permission is given by the Council or Commissioner In Charge. Certified copies or extracts from public records which are open to inspection shall be given by the officer in custody of the record to any person demanding the record who pays or tenders the fee prescribed by the Council for such copies or extracts. [Ch. 1903, sec. 137; rev. 1914, sec. 92; 1928 pub., sec. 92; 1942 recod., sec. 2-702, rev. Nov. 6, 1962; am. May 18, 1994.)
 
37. Amend Chapter 3, Article 1, Section 3-101 to read as follows:
 
3-101. Time of Taking Office and Terms. At the general election held on each fourth year counting from in the year 1960 A.D. 2004, the person elected Mayor and the two (2) persons elected Commissioners shall take office on the following January 1, January 1, 2005 and shall hold office until January 1, four (4) years later. At The Two (2) Council Members who were elected at the general election on even numbered years between such fourth years the person elected Auditor and in the year 2002 shall become the two (2) persons at large Council Members and their terms shall continue for four (4) years from January 1, 2003. The two (2) at large Council Members elected Commissioners in 2006 shall be assigned, by a random means, to one two (2) year term and one four (4) year term. This random assignment shall be conducted by the Mayor at least thirty (30) days prior to the last date for filing for those offices for the 2006 election. At the next election for those two (2) at large Council Member positions, and thereafter, the terms of those two positions shall each be for four (4) years. The remaining seven (7) district Council Member positions shall be elected in the general election of 2004, as prescribed by this Chapter and shall take office on January 1 of the following year, and they shall hold office until January 1, 2005. Four (4) of the district Council Member positions will be assigned, by random means, as two (2) year terms and three (3) will be randomly assigned as four (4) year terms. The random assignment shall be conducted by the Mayor at least thirty (30) days prior to the last date to file for those positions in the 2004 election. Upon the end of the first term of office of each district Council Member position, all subsequent terms of office for each district Council Member position shall be four (4) years later. The incumbents of the above mentioned offices. Elected officials of the City shall hold their respective offices office until their successors are elected and have qualified, or or appointed until their death, resignation or removal. [May 3, 1913, new sec. 41; rev. 1914, sec. 123; 1928 pub., sec. 123; am. Nov. 8, 1932; 1942 recod., sec. 3-101; am. Nov. 6, 1962.)
 
38. Amend Chapter 3, Article 1, Section 3-105 to read as follows:
 
Section 3-105. Nonpartisan Primaries. Nomination of Mayor, Auditor and Commissioners Council Members, the elective officers under this Charter, shall be nonpartisan and shall be made in conformity with primary methods hereinafter prescribed and provided, subject to the provisions elsewhere contained In this Charter relating to filling of vacancies. The positions of the Commissioners at large Council Members shall be designated as Position No. 1, At Large and Position No. 2, Position No. 3, or Position No. 4. Commissioners At Large. The seven (7) district Council Members shall be designated as District Council Member No. 1 through District Council Member No. 7. Council Members shall be designated by the same position or number as the Commissioner Council Member whom they have succeeded or will succeed in office. In all proceedings for the nomination of candidates for the office of Commissioner Council Member, every petition and individual nomination certificate or declaration for nomination, nominee's acceptance and certificate of election, ballot, or other document used in connection with nominations for Commissioner Council Members, shall state the official number of the position as Commissioner Council Member, as herein designated, to which such candidate aspires, and his or her name shall appear on the ballot only for such designated position. Al all elections each such office of Commissioner Council Member to be tilled shall be separately designated on the ballot by official position number as herein provided, in addition to other matter required by law to appear thereon. In case no nomination is made at the primary election, nominations may be made at the general election as set forth in this Charter for vacancies occurring at a subsequent date. [May 3, 1913, new sec. 45; rev. 1914, sec. 127; 1928 pub., sec. 127; am. Nov. 8, 1932; am. Nov. 6, 1934; 1942 recod., sec. 3-105; am. Nov. 6, 1962.]
 
39. Amend Chapter 3, Article 2, Section 3-201 to read as follows:
 
Section 3-201. Exercise of Rights. The initiative, referendum and recall shall be exercised within the City of Portland in the manner provided by the Constitution and general laws of the State, and ordinances of the City of Portland, enacted in pursuance thereof. Notwithstanding the above, a recall petition for a District Council Member shall only include signatures of registered voters from the district from which the Council Member was selected and shall be voted on only by the voters from within that district. [May 3, 1913, part of new sec. 56; rev. 1914, sec. 19; 1928 pub., sec. 19; 1942 recod., sec. 3-201.]
 
40. Amend Chapter 4, Article 1, Section 4-101 to read as follows:
 
Section 4-101. Scope of the Merit System. All appointments to and promotions in the subordinate administrative service of the City shall be made solely according to fitness, which shall be ascertained by open competitive examination, and merit and fidelity In service, as provided for in this Chapter. The provisions of this Chapter shall apply to the incumbents of all offices, places and employments in the public service of the City except the following: all officers appointed by the Mayor, all officers chosen by popular election or by appointment by the Council, the members of all boards and commissions, the deputies of the City Attorney, the City Engineer, the Superintendent and Chief Engineer of the Bureau of Water Works, the Secretary of the Civil Service Board and of the Auditor, the Chief Deputy City Auditor, the secretary and administrative staff of each Council member, and the Chief of Police. The Mayor shall appoint a Chief of Police, who shall have had ten (10) years of active police service. The Chief of Police shall be subject to removal by the Mayor. [Ch. 1903, sec. 306; rev. 1914, sec. 97; 1928 pub., sec. 97; am. Nov. 6, 1934; 1942 recod., sec. 4-101; am. Nov. 2, 1982.)
 
[Ch. 1903, sec. 307 - 327; rev. 1914 sec. 98 - 121; 1942 recod., sec. 4-102 to 4126; am. and rev. at subsequent elections; secs. 4-102 to 4-126 repealed, secs. 4-102 to 4-107 enacted in lieu Nov. 4, 1968, effective July 1, 1987.]
 
41. Amend Chapter 4, Article 1, Section 4-103 (1) to read as follows:
 
Section 4-103. Definitions. As used in this Chapter, unless the context clearly requires otherwise:
 
(1) "Appointing authority" means the Commissioner In Charge of a Bureau Mayor and the City Auditor.
 
42. Amend Chapter 7, Article 1, Section 7-101(3) to read as follows:
 
(3) The chief financial officer of the City shall give information as to the exact condition of the treasury and of every appropriation and Fund thereof under control of the Council, upon demand of the Mayor, or the Council, or any Commissioner Council Member or the Auditor. The chief financial officer of the City shall keep the records and accounts of the City in a complete and intelligible manner, but may keep a summary of departmental or bureau records and accounts where he or she finds such summary to be sufficient. He or she shall make an annual statement to the Council showing the receipts and disbursements of the City and the state of each particular Fund and the City's financial condition as soon as records are complete after the close of business on the last day of each fiscal year. The annual report shall contain an accurate statement in summarized form of the financial receipts of the City from all sources and of the expenditures of the City for all purposes, together with a detailed statement of the debt of said City, of the purposes for which said debt has been incurred, and of the accounts of said City with grantees of franchises and the names of the present owners of each thereof, and a summary of the assets and liabilities of the City. [May 3, 1913, new sec. 84; rev. 1914, sec. 185; 1928 pub., sec. 185; 1942 recod., sec. 7-101; am. Nov. 6, 1962; am. May 20, 1986; am. May 18, 1994.]
 
43. Amend Chapter 7, Article 1, Section 7-104 to read as follows:
 
Section 7-104. Demands, Nonallowance. No demand shall be allowed by the chief financial officer of the City in favor of any corporation or person indebted to the City in any manner, except for assessments or taxes not delinquent, without first deducting the amount of any indebtedness then due of which the chief financial officer has notice, nor in favor of any person having the collection, custody or disbursement of public funds, unless such person's account has been presented, passed, approved and allowed as herein required, nor in favor of any officer determined by the Mayor or Commissioner In Charge to have neglected to make his or her official returns or reports in the manner and at the time required by law, ordinance or the regulation of the Council, or to have neglected or refused to comply with any of the provisions of law regulating such officer's duties, nor in favor of any officer or employee found by the Mayor or Commissioner In Charge to have absented himself or herself without legal cause or duly granted leave of absence from the duties of his or her office during office hours, after such determination has been transmitted and filed with the chief financial officer. [Ch. 1903, sec. 277; am. May 3, 1913, sec. 101; rev. 1914, sec. 72; 1928 pub., sec. 72; 1942 recod., sec. 2-409; rev. Nov. 6, 1962; am. May 18, 1994.]
 
44. Amend Chapter 9, Article 3, Section 9-305 to read as follows:
 
Section 9-305. Consideration of Plans and Report of Damages. Within three (3) months after the thirty (30) day period for filing objections, the Council shall consider the report, objections, plans, specifications and estimates filed, or may refer the matter to a commissioner Council Member or committee of commissioners Council Members for this purpose, in which event the City official designated by ordinance shall mail five (5) days notice in writing to any company interested when the commissioner Council Member or committee will consider the matter, and at the time specified any company may attend and be heard thereon. Upon filing of the commissioner's Council Member's or committee's findings and recommendations, the Council may adopt a plan and method for eliminating the grade crossing and adopt specifications therefor, or it may dismiss the proceedings. If it appears that change of street grade will be required in eliminating the grade crossing, the Council shall determine whether such grade shall be changed, with or without considering damages to adjacent property. If the Council determines to consider damages to adjacent property, it shall require the City Engineer to report the estimated damages that property may sustain by reason of the change of street grade, based on the depreciation, if any, in market value on account of the change of street grade. In estimating the depreciation of market value, the City Engineer shall take into account the benefits, if any, the effect which the proposed improvement will have upon market value of the property, and the probable assessment against the property for the improvement. [June 2, 1913, subdn. e, new sec. 372 1/2; 1928 pub., sec. 269; 1942 recod., sec. 9-405; am. Nov. 8, 1966; am. Nov. 3, 1992.]
 
45. Amend Chapter 9, Article 3, Section 9-306 to read as follows:
 
Section 9-306. Apportionment of Damages and Benefits. Upon filing of the City Engineer's report on damages, the Auditor shall publish in four (4) successive publications in the City official newspaper a notice that such report has been filed, stating the amount of damages to each property as estimated by the City Engineer, the date when the report of the City Engineer will be heard by the Council, and that written objections thereto may be filed with the Auditor any time prior to the day of hearing. The date of hearing shall be not less than five (5) days after the last publication of notice. The Auditor shall also send a copy of the published notice to each person interested in land affected. If the address of such person is unknown, and if such person has an agent whose name and address is known, notice shall be mailed to the agent; otherwise it shall be mailed to the owner addressed at Portland, Oregon. At the time of hearing the Council shall consider the report and all objections thereto and may refer it to any committee or commissioner Council Member for further hearing and report. At any time thereafter the Council may determine the damages to be awarded fo