New Charter gives the Mayor more power over YOU

Many people are probably wondering what practical difference the proposed change in the form of Portland’s City government specified in the Charter might make in their lives. Here’s one:

Section 9-402. Improvement Procedure. The Council City hereby is authorized: to order from time to time all or part of the streets of the City to be improved; to determine the character, kind and extent of each improvement; to levy and collect an assessment upon all lots and parcels of land specially benefitted by the improvement to defray the whole or any portion of the cost; and to determine what lands are specially benefitted by the improvement and the amount to which each parcel or tract of land is benefitted. The procedural steps for an improvement shall be prescribed by ordinance.

Plain English version: if you live on a substandard or unimproved street, currently the City Council holds a hearing if they are considering making you pay to improve it – adding pavement, sidewalks, street trees and suchlike. It’s known as an LID, or Local Improvement District. Three of the five Council members must vote for the plan before it will happen. In the new Charter, the Mayor alone could order you and your neighbors to pay to bring your street and sidewalks up to City standards, and the only power the other four Council members would have is to influence how the improvement is done, not whether it should be.

Still think the changes won’t affect you? How about water bills, do you pay a water bill?

Section 11-105. Rates and Charges. For each fiscal year the Council City shall fix water rates which will provide an estimated income to equal expenses and debt service relating to water bonds. No charge shall be made for water used in extinguishing fires in the City.

Section 11-106. Collections. The Council City may make regulations, impose conditions, penalties and forfeitures and institute civil or penal process it finds necessary or appropriate to collect bills for water or charges, and in addition may refuse or discontinue water service to premises for which a bill or charge remains unpaid. Penal enforcement is subject to the penalty limitations fixed in the Charter for ordinance violations.

Plain English version: Currently, the whole Council sets water rates and has the right to intervene in billing problems. Proposed Charter: the Mayor alone gets to choose the rates and how to collect from customers.

There are other sections like these, taking decisions of setting charges and assessing penalties for various services away from the entire Council and giving them to “the City”, i.e., to the Mayor alone.

I don’t see how the oversight function of the Council would work under the proposed structure. The new Charter gives all five Council members power over the budget, but then assigns the authority to set charges and rates to the Mayor and Chief Administrative Officer. Isn’t setting up the revenue stream part of the budget? Why then does the proposed Charter specifically remove this function from the Council as a whole? This isn’t a mistake, it’s intentional. The new Charter removes the requirement that ordinances must be passed by the Council governing collection, saving, and spending of public money, and for a system of accountability.

Section 7-101. Public Moneys and Accounting.
1. The Council City shall by ordinance provide a system for the collection, custody and disbursements of all public moneys, not inconsistent with the provisions of statute and this Charter, and shall by ordinance provide a system of accounting for the City, which shall be so planned as to enable a clear and intelligent statement to be made of the financial affairs of the City from time to time as provided by this Charter.

See? Now, ordinances passed by at least three of the five members of the Council are required. In the future, the Mayor gets to decide.

Let’s suppose that at some time in the future, with the new Charter adopted, the voters of Portland are deceived by campaign advertising, and elect someone to be Mayor who turns out to be corrupt. I know, I know, not gonna happen, can’t happen. Just suppose. What checks and balances over a corrupt Mayor are included in the new Charter?