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The City of Portland, Oregon

Auditor Mary Hull Caballero

Promoting open and accountable government

Notice of Proposed Rulemaking | September 2020

NOTICE OF PROPOSED RULEMAKING

Portland City Charter Section 2-506(a) authorizes the City Auditor to establish rules for the Auditor’s Office. On April 6, 2020, the Auditor’s Office placed into effect ARA 13.01 and ARA 13.02, which were emergency interim rules valid for 180 days. The rules described below serve to update and replace those interim rules.

The City Auditor proposes the following administrative rules for adoption:

ARA 13.01 – PURPOSE, AUTHORITY, CONSTRUCTION
Auditor’s Office Administrative Rule (“ARA”) 13.01 sets forth the background and purpose of voter-passed City Charter Article 3 and the corresponding Portland City Code Chapter 2.10. The rule also differentiates the ARAs from Open and Accountable Elections rules, specifies the Auditor’s rulemaking authority, and gives guidance on rule construction.

REVIEWING THE PROPOSED RULE:
The proposed ARA 13.01 is available on-line at https://www.portlandoregon.gov/auditor/article/765600.

ARA 13.02 – DEFINITIONS
ARA 13.02 sets forth the definitions and timeline enforcement of different provisions. Definitions are included for the terms complainant, complaint, election cycle, good faith effort, interested parties, and social media.

REVIEWING THE PROPOSED RULE:
The proposed ARA 13.02 is available on-line at https://www.portlandoregon.gov/auditor/article/765601.

ARA 13.03 – CAMPAIGN FINANCE: COMPLAINT PROCESS
ARA 13.03 sets forth the process to file a complaint for City campaign finance regulation violations, the information that must be included in a complaint, the Auditor’s Office’s process for handling complaints that involve Open and Accountable Elections program participants, the Auditor’s Office’s investigation process, and guidance on the Auditor’s issuance of decisions and penalties.

REVIEWING THE PROPOSED RULE:
The proposed ARA 13.03 is available on-line at https://www.portlandoregon.gov/auditor/article/765602.

ARA 13.04 – CAMPAIGN FINANCE: DISCLOSURE REQUIREMENTS
ARA 13.04 sets forth guidance on when funding disclosures are required for campaign-related communications. The rule also provides guidance on the inclusion of disclosures for electronic communications. In addition, the rule sets out the order in which disclosable top dominant contributors are to be included within a disclosure.

REVIEWING THE PROPOSED RULE:
The proposed ARA 13.04 is available on-line at https://www.portlandoregon.gov/auditor/article/765603.


DEADLINE FOR SUBMITTING COMMENTS:

The City Auditor invites employees and the public to comment on the revised rules. To be considered, comments must be received by 5:00 PM on October 1, 2020.


HOW TO SUBMIT COMMENTS:

Comments may be:

Submitted electronically at https://www.portlandoregon.gov/auditor/75254

Emailed to: auditorsoffice@portlandoregon.gov

To help slow the spread of COVID-19 and limit exposure for vulnerable populations, Auditor’s Office staff members are working remotely and are not available to accept comments submitted in person or by mail.