PROCEDURAL RULES GOVERNING RULEMAKING
Administrative Rule Adopted by FPD&R Board Pursuant to Rule-Making Authority
5.1.01 - AUTHORITY
Pursuant to Section 5-202 (a) of Chapter 5 of the City Charter, the Board of Trustees shall have the power to prescribe rules and regulations for administration of this program.
5.1.02 - PURPOSE
To carry out the rulemaking requirement of the Board of Trustees pursuant to Chapter 5 of the City Charter, and to provide for a process that is open and inclusive of all stakeholders to this system. This process will be applicable to all provisions of these Administrative Rules.
5.1.03 - DUTIES OF THE FUND DIRECTOR
The Fund Director will
(A) provide the Board of Trustees with the technical and staffing resources necessary for the rulemaking process;
(B) develop Administrative Rules and amendments for review and adoption by the Board of Trustees; and
(C) produce, publish and distribute adopted Administrative Rules.
5.1.04 - RULEMAKING NOTICES AND PROCEDURES
(A) Any proposed change or addition to these Administrative Rules must be referred to the Board of Trustees. The Board will then consider the proposed change or addition.
(B) The Fund Director will provide notice of rulemaking to the Board of Trustees and known interested parties at least thirty (30) days prior to the upcoming rulemaking session by email. The notice will include:
1. A statement of the section of the Administrative Rules to be reviewed.
2. The date, time, and location of the Board’s consideration of the proposed Administrative Rule or amendment.
3. How to submit comment.
(C) The Fund Director will post the Notice of Rulemaking and draft copies of the proposed new or amended Administrative Rules on the FPDR website at least thirty (30) days prior to the Board’s review.
(D) Notwithstanding subsections (A), (B) and (C) of this rule, housekeeping changes to the FPDR Administrative Rules are authorized to be made without the consent of the Board of Trustees if made solely for the purpose of:
1. correcting spelling;
2. correcting grammatical mistakes in a manner that does not alter the scope, application or meaning of the rule;
3. correcting references to the Charter of the City of Portland or FPDR Administrative Rules;
4. changing the name of a bureau for consistent reference;
5. correcting spacing or pagination; or
6. capitalization of defined terms; or
7. replacing gender-specific language with gender-neutral language in a manner that does not alter the scope, application or meaning of the rules.
The Fund Director, FPDR Liaisons and City Attorney’s Office must unanimously agree that the proposed changes are housekeeping changes that meet the above criteria.
The Fund Director will immediately notify the Board when housekeeping changes are made and produce, publish and distribute the updated rules.
The Board may rescind any housekeeping change.
5.1.05 - ADOPTION OF RULES
Upon completion of the processes outlined in this procedure, the Board of Trustees shall adopt, for implementation, these rules by section or in its entirety.
Adopted November 12, 1991.
Effective February 1, 1992.
Revision filed in PPD December 28, 2005.
As Amended by: Resolution No. 287 on August 8, 1995, Resolution No. 288 on September 12, 1995, Resolution No. 298 on October 14, 1997, Resolution No. 320 on December 14, 1999, Resolution No. 323 on April 11, 2000, Resolution No.332 on April 17, 2001, Resolution No. 335 on August 14, 2001, Resolution No. 338 on December 11, 2001, Resolution No. 340 on January 15, 2002, Resolution No. 345 on April 9, 2002, Resolution No. 349 on August 13, 2002, Resolution No. 350 on August 13, 2002, Resolution No. 351 on September 10, 2002, Resolution No. 352 on October 8, 2002, Resolution No. 365 on August 12, 2003, Resolution No. 372 on February 10, 2004, Resolution No. 381 on August 10, 2004, Resolution Nos. 388, 389 and 390 on June 14, 2005, Resolution No. 392 on November 8, 2005, Resolution No. 393 on December 13, 2005, Resolution No. 405 on May 9, 2006 Resolution No. 419 on March 13, 2007, Resolution 423 and Resolution No. 424 on November 27, 2007, Resolution No. 474 on January 22, 2013, Resolution Nos. 491 and 492 on September 23, 2014, and Resolution No. 508 on March 15, 2016.