Curiouser and Curiouser

There is a lively string of comments on Jack Bog’s blog regarding my post below, questioning House Bill 3104 which could/would overrule Portland voters by making the Council the budget committee for the Portland Development Commission (PDC) even if Measure 26-92 fails.

Here’s something I don’t understand: [and I will appreciate any new information provided in the comments here, on Jack’s post, or e-mailed to me (link in left sidebar)]

Oregon Revised Statutes section 294.341, right now with no amendment, seems to give Portland’s City Council the power to choose whether to allow the Portland Development Commission to act as its own budget commitee for its portion of city funds, or to keep that power for the Council. Why does Measure 26-92 state a change in State law is needed, and why is HB 3104 the necessary fix?

Let’s look again at the current language in ORS 294.341:

“Governing body of certain municipal corporations to be budget committee; exception. The governing body of each municipal corporation having a population exceeding 200,000 and that is located in a county having a tax supervising and conservation commission shall be the budget committee for the municipal corporation unless the governing body of the municipal corporation elects by resolution to create a budget committee as provided in ORS 294.336.” (emphasis added)

See that? “Elects by resolution”. Why is the new clause of this section even necessary, saying for cities over 400,000 (i.e., Portland), the Council IS the budget committee? Why can’t the Portland City Council just pass another resolution saying PDC is no longer the budget committee for urban renewal funds, if 26-92 is approved?

People in the know: Is there another section of state law that needs to be changed to allow the Council to be PDC’s budget committee? When Measure 26-92 says, “If authorized by state law, the City Council shall be the budget committee for the Commission and shall have the duties and responsibilities of a budget committee as provided by state law.” , is it talking about ORS 294.341, or some other section?

Because if not, I’m not seeing why HB 3104 is needed at all …. except to make sure the Council gets what it wants, regardless of the votes of Portlanders on Measure 26-92.

I’d truly love to be mistaken on this. I don’t like suspecting our City Council may be making a ballot measure a moot point, and I don’t like reading desperate e-mails in the middle of the night from citizens in SE worried about about proposed legislation in Salem. Please, someone who knows or who has the power to command a response from someone who knows, provide accurate, complete information about why HB 3104 is needed and what other State laws regulate PDC being the budget committee for urban renewal funds.

I looked up the state statutes for Urban Renewal in ORS 457. I don’t see anything about budget committees there. I do see a requirement that when adopting an Urban Renewal Plan, the Council must find “The urban renewal plan conforms to the comprehensive plan and economic development plan, if any, of the municipality as a whole and provides an outline for accomplishing the urban renewal projects the urban renewal plan proposes;”. And, “Prior to the establishment of a maximum amount of indebtedness for an urban renewal plan under ORS 457.190 and before an option is adopted under ORS 457.435, the urban renewal agency that is carrying out the plan shall meet with the governing bodies of the municipality that activated the urban renewal agency and other municipalities affected by the urban renewal plan and review the proposed maximum amount of indebtedness for the plan and the agency’s recommended option under ORS 457.435.”

Tell me again why Measure 26-92 is needed?

[The state statute also requires the Council must find ” Provision has been made to house displaced persons within their financial means in accordance with ORS 35.500 to 35.530 and, except in the relocation of elderly or disabled individuals, without displacing on priority lists persons already waiting for existing federally subsidized housing;”]. Y’know, maybe people should read state laws more often.]

A side theme is developing on Jack Bog’s blog on citizen involvement in the budget process. ORS 294 addresses all municipal budgets, not just for “special areas” such as urban renewal districts.

I looked up 294.336, referenced in the section of ORS amended by HB 3104. It says:

294.336 Budget committee. (1) Except as provided in ORS 294.341, the governing body of each municipal corporation shall establish a budget committee in accordance with the provisions of this section.

(2) The budget committee shall consist of the members of the governing body and a number, equal to the number of members of the governing body, of electors of the municipal corporation appointed by the governing body; if there are electors fewer than the number required, the governing body and the electors who are willing to serve shall be the budget committee; and if there are no electors willing to serve, the governing body shall be the budget committee.

Presumably this is one reason there are five PDC commissioners, since there are five members of the Council?

(3) The members of the budget committee shall receive no compensation for their services as members of such committee.

(4) Appointive members of the budget committee may not be officers, agents or employees of the municipal corporation.

(5) Appointive members of a budget committee that prepares an annual budget shall be appointed for terms of three years. The terms shall be staggered so that, as near as practicable, one-third of the terms of the appointive members end each year.

(6) Appointive members of a budget committee that prepares a biennial budget shall be appointed for terms of four years. The terms shall be staggered so that, as near as practicable, one-fourth of the terms of the appointive members end each year.

(7) If any appointive member is unable to serve the term for which the member was appointed, or an appointive member resigns prior to completion of the term for which the member was appointed, the governing body of the municipal corporation shall fill the vacancy by appointment for the unexpired term.

(8) If the number of members of the governing body is reduced or increased by law or charter amendment, the governing body of the municipal corporation shall reduce or increase the number of appointive members of the budget committee so that the number thereof shall be equal to but not greater than the number of members of the governing body. To effect a reduction, the governing body of the municipal corporation may remove such number of appointive members as may be necessary. The removals shall be made so that the number remaining will be divided into three, if the terms of the appointive members are governed by subsection (5) of this section, or four, if the terms of the appointive members are governed by subsection (6) of this section, equal or approximately equal groups as to terms. In case of an increase, additional appointive members shall be appointed for such terms so that they, together with the members previously appointed, will be divided into three or four, as appropriate under this section, equal or approximately equal groups as to terms.

(9) The budget committee shall at its first meeting after its appointment elect a presiding officer from among its members. [1963 c.576 §6; 1973 c.61 §1; 1979 c.310 §2; 1997 c.308 §6; 2001 c.135 §32]

That’s it. Again, nothing here stopping the City of Portland from implementing Measure 26-92 if it passes. This all pretty much describes PDC’s volunteer citizen commissioners. But it DOESN’T describe the City of Portland’s budget process, which some folks have forgotten is currently making decisions while Portland burns with Charter change debate (or not). So apparently the Council must have passed a resolution at some point, cutting citizens out of the budget process except by lobbying and testifying at hearings?

Forget Charter change. How about asking the Council to change the resolution and the process for making budget decisions, to have ongoing, in-depth participation by citizens? Follow the money – that’s where the REAL power lies in Portland.