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The City of Portland, Oregon

Auditor Mary Hull Caballero

Promoting open and accountable government

Notice of Proposed Rulemaking

NOTICE OF PROPOSED RULEMAKING

Portland City Charter Section 2-506(a) authorizes the City Auditor to establish rules for the Office of the Auditor.  The City Auditor proposes the following revised administrative rules for adoption:

ARA 15.01 Lobbying Entity Registration & Reporting

The City Auditor proposes revising ADM – 15.01 – Lobbying Entity Registration & Reporting to make the style of the rule more consistent with other Auditor’s Office rules and to help clarify the rule’s requirements. In addition, the revised rule explains that: 

• Attempts to gain goodwill with intent to influence is “lobbying.” 

• Grassroots lobbying is “lobbying.” 

• Governments are “lobbying entities” when certain outside individuals lobby on their behalf.

• A variety of City employees likely to have influence over City policy-making are considered “at will staff of a City elected official,” which makes them “City officials” to which the City’s lobbying registration and reporting requirements apply.

ARA 15.02 City Official Reporting

The City Auditor proposes revising ADM – 15.02 – City Official Reporting to make the style of the rule more consistent with other Auditor’s Office rules and to help clarify the rule’s requirements. Other key changes include:

• The revised rule explains that a variety of City employees likely to have influence over City policy-making are considered to “at will staff of a City elected official,” which makes them “City officials” to which the City’s lobbying registration and reporting requirements apply.

• The revised rule excludes cultural items from the City’s lobbying registration and reporting requirements if the market value of the gift cannot be easily determined and declining the gift is likely to cause offense.

ARA 15.03 Regulation of Lobbying Entities: Enforcement and Civil Penalties

The City Auditor proposes revising ADM 15.03 – Enforcement and Civil Penalties to make the style of the rule more consistent with other Auditor’s Office rules and to help clarify the rule’s requirements. The revised rule also:

• Provides guidance regarding when lobbying groups and City Officials may be fined for late filings;

• Explains the Auditor’s Office’s procedures for investigating and identifying violations;

• Sets forth the rate of interest on civil penalties; and

• Establishes a reconsideration and appeal process for civil penalty assessments.  

More information about the proposed lobbying rule changes and their impacts is available here.

ARA 3.11.05 Post-employment Restriction Policy

The City Auditor adopted ARA 3.11.05 as an interim rule effective for not more than 180 days on June 26, 2019. The rule sets forth a post-employment restriction policy for managers of Auditor’s Office’s divisions that are empowered to investigate or adjudicate actions by other City agencies, and is intended to avoid even the appearance of influence by the possibility of future employment with such agencies.


REVIEWING THE PROPOSED RULES:

The proposed rules are available on-line at www.portlandoregon.gov/auditor/proposedrules, and through the links above.

Paper copies of the rules will be made available, upon request, at the following offices of the Auditor’s Office:

• Auditor’s Office, City Hall, 1221 SW 4th Ave., Rooms 130, 140, and 310

• Hearings Office, 1900 SW 4th Ave., Suite 3100

• Archives and Records Center, 1800 SW 6th Ave., Suite 550


DEADLINE FOR SUBMITTING COMMENTS:

The City Auditor invites employees and the public to comment on the proposed new rules. To be considered, comments must be received by 5:00 PM on September 23, 2019.


SUBMITTING COMMENTS ON THE PROPOSED RULES:

Comments may be:

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

Emailed to: auditorsoffice@portlandoregon.gov

Mailed to: Office of the City Auditor, ATTN: Management Services, 1221 SW 4th Ave., Room 310, Portland, OR 97204

Hand-delivered to:

Auditor’s Office, City Hall, 1221 SW 4th Ave., Room 130, 140, or 310

Hearings Office, 1900 SW 4th Ave., Suite 3100

Archives and Records Center, 1800 SW 6th Ave., Suite 550