City Council going around Portland voters?

Measure 26-92 to change the Charter chapter on the Portland Development Commission (PDC) has had precious little review, especially considering PDC’s budget hovers around a quarter of a billion dollars. One of the things Measure 26-92 would do would be to make the City Council the budget committee for PDC.

But does it even matter whether Portland voters approve Measure 26-92?

Here is the entire text of House Bill 3104, introduced by freshman Representative Ben Cannon at the request of the City of Portland:

Note, IS the budget committee. Not “May be the budget committee if approved by the voters in the city’s Charter”.

State law trumps local law, folks. Charter change proponents have bragged about adding a sentence to the Civil Service chapter saying city employees may be in unions, but that right is governed by federal and state law, and it doesn’t much matter whether it’s in the Charter or not. If Salem passes HB 3104, you may as well not bother marking Yes or No for 26-92 on your ballot – the question will be decided by statewide elected legislators, not by the voters of Portland.

House Bill 3104 has already passed the Oregon House and seems headed for certain approval in the Senate. It makes the Portland City Council PDC’s budget committee. Commissioner Erik Sten made a statement to the House that the City would not implement the new law unless the Ballot Measure passes in Portland, but if the Senate passes it and the Governor signs it, it could be implemented. In fact, it would be implemented. MUST be implemented – it would be State law The Charter already says that PDC will submit its budget to City Council in accordance with state budget law. So regardless of the City of Portland vote, PDC would be expected to comply with any new state law regarding its budget.

I’m urging a No vote on 26-92, in part because it hasn’t received adequate vetting and discussion in the community. It troubles me to think maybe it doesn’t matter what Portland voters know or want, anyway, given this bill is sailing through the Legislature in Salem.

Remember a couple of months ago, when Mayor Potter, Commissioner Saltzman, and the Oregonian took a total snit when Portland fire fighters asked Salem to fix a problem in the disability reforms voted into Portland’s Charter last fall? Then, the O wrote in an editorial:“Last fall, after voters put Democrats in control of the House and Senate, and Gov. Ted Kulongoski chose two prominent union leaders to lead his staff in his second term, some worried that unions would have too much clout in Salem. If lawmakers and the governor make this end run around the voters of Portland, those fears will have been realized.” Tnen, I said the Council should work with the unions and the Legislature to ask Salem to implement a solution that worked for all parties. I thought that was what HB 3104 was supposed to do – allow the changes in 26-92 if the voters decided to change the Charter. It doesn’t do that. It makes the change and the decision for us, the very thing the Council squealed about in helping to shoot down proposed state legislation helping disabled fire fighters.

How come we’ve seen no outcry over the end run being carried out at the request of the Council right now in Salem, that could ensure the Council gets what it wants regardless of the vote count in Portland on May 15?

Please call or email your Senator and ask him/her not to vote on HB 3104 until after the count on May 15. And then to vote No, if voters in Portland reject this change. And while you’re at it, please vote No on 26-92. Let’s have a real discussion about what needs to be fixed at PDC and how to do it without unintended consequences, once the fuss about the form of government debate isn’t obscuring this equally important issue.

Update 11:15 p.m. – this bill is scheduled for an 8 a.m. hearing on Tuesday, May 8. Thanks to the ever-vigilant Mary Ann Schwab, here are the relevant e-mail addresses and phone numbers of the members of the Education and General Government Committtee hearing it:

(503) 986-1707 sen.vickiwalker@state.or.us

(503) 986-1701 sen.jeffkruse@state.or.us

(503) 986-1726 sen.rickmetsger@state.or.us

(503) 986-1708 sen.frankmorse@state.or.us

(503) 986-1727 sen.benwestlund@state.or.us

If you’re up and reading this Monday night/Tuesday morning, please write/call now! If later, please write/call to find out what happened, and urge delay until after Portland’s vote.