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The City of Portland, Oregon

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City of Portland

GENERAL INFORMATION: 503-823-4000

EMAIL: cityinfo@portlandoregon.gov

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2.10.050 Implementation and Enforcement.

A.  The provisions of this Chapter shall take effect on September 1, 2019.

B.  Each violation of any provision in this Chapter shall be punishable by imposition of a civil fine which is not less than 2 nor more than 20 times the amount of the unlawful Contribution or Expenditure or Independent Expenditure at issue.

C.  Any person may file a written complaint of a violation of any provision in this Chapter with the City Auditor.

D.  The City Auditor, otherwise having reason to believe that a violation of any provision has occurred, shall issue a complaint regarding such violation.

E.  Upon receipt or issuance of a complaint, the City Auditor:

1.  Shall examine the complaint to determine whether a violation has occurred and shall make any investigation necessary.

2.  Within 2 business days of receiving or issuing a complaint, shall issue a notification, including a copy of the complaint, to every person who is the object of the complaint.

3.  Shall accept written materials supporting or opposing the complaint for a period of 10 business days following any such notification.

4.  Shall render a decision on the complaint within 10 business days of the close of the material submission period.

F.  If the complaint is received or issued within 30 calendar days of the date of the election involving the object of the complaint, then all time periods stated in Subsections 2.10.050 E.3. and 2.10.050 E.4. shall be reduced by one-half.

G.  The City Auditor may issue subpoenas to compel the production of records, documents, books, papers, memoranda or other information necessary to determine compliance with the provisions of this Chapter.

H.  Upon finding a violation of the requirement for timely disclosure set forth in Section 2.10.030, the City Auditor shall determine the true original sources of the Contributions and/or Independent Expenditures used to fund the Communication at issue and shall immediately issue a statement to all interested parties and news organizations containing all of the information about the involved donor(s) required by Section 2.10.030.

I.  The complainant or any person who is the object of the complaint may, within 30 calendar days of the issuance of the decision, appeal that order to the appropriate Circuit Court as an agency order in other than a contested case.

J.  The decision in the matter shall be deemed final, following completion of any judicial review. Such decision shall be enforced by the City of Portland. If the decision is not enforced within 30 calendar days of the decision becoming final, the complainant may bring a civil action in a representative capacity for the collection of the applicable civil penalty, payable to the City of Portland, and for any appropriate equitable relief.