City Councilor Belinda Ray
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Do we need a Charter Commission?

7/7/2020

 
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If you're looking at your absentee ballot—or taking a sneak peek of what awaits you at your polling place on July 14th—you'll notice Question A, asking if you want a Charter Commission to be established to revise the City's Charter. So...what's this question about, and why is it on the ballot? Good questions.
Is it time for another Charter Commission? 
I don't think so, and that's why I'm voting NO on this one.

When a Charter Commission is impaneled, the entire charter is opened  up to potential revision, and we just had a Charter Commission complete this painstaking task in 2010.

​The 2009-2010 Charter Commission went through the charter thoroughly and made several recommendations for changes. 
Psst! Want a quick primer on the last Charter Commission? Check out this fact sheet that outlines and explains the changes they recommended in brief. If you want all the details, check out the complete, unabridged version in the commission's 98-page final report.
The changes that passed with the consent of voters in the 2010 election included technical changes to the Charter, an increase in the responsibilities for the School Board, and—the big one—the creation of the popularly elected full-time mayor.

These changes, particularly the new mayor position, have barely had time to take root, and for that reason I think it's far too early to have another Charter Commission. 
 
I know people have had concerns about the Mayor position, but in Kate Snyder we finally have a mayor who is fulfilling the role the way it was envisioned by the Charter Commission that created it. I think we need a little more time with this position and the other recent changes to the Charter before we revisit it, so I'll be voting against the Charter Commission question. 
Why is this question on the ballot? 
​The Charter Commission question is there as a result of the petition process for public financing for municipal elections that concluded in the summer of 2019. The petitioners who gathered signatures for that item were asking for what they thought was a charter amendment. They had hoped to amend the Charter so that the City would be required to establish and fund a clean elections program to provide candidates for city council, mayor, and school board with funding to run their campaigns. ​But there was a problem with their request: what they were asking for was a charter revision—not a charter amendment. ​
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Charter amendments can be placed on a ballot at an election if enough signatures are gathered. Revisions to the charter, on the other hand, can only be made by a Charter Commission. 

And this particular change was deemed a revision—not an amendment. The City's lawyer made that determination and the Council agreed in a 7-2 vote (Strimling, Ali opposed). ​

​Following this decision by the Council, Fair Elections Portland sued the City, but the City's position was was upheld by the Superior Court. Fair Elections Portland is currently appealing that decision.

​So...revisions to the charter can only be made by a Charter Commission, and putting a Charter Commission in place requires approval by the voters at an election. 
And this is where we get to why the question is appearing on your July 14th ballot. (Finally!!)
It's because there is sometimes confusion between what constitutes a charter amendment and what constitutes a revision that there is a "safeguard," so to speak, on petition applications for charter amendments.

There is a box petitioners can check, if they wish. The language next to the box reads: ​
"...if the municipal officers determine that the amendment set out below would, if adopted, constitute a revision of the charter, then this petition shall be treated as a request for a charter commission."
The petitioners in this case checked the box. So, even though they came forward at the public hearing on September 4, 2019 and told us they never intended to impanel a Charter Commission, we (the Council) had to put the question on the ballot for this election. ​

A Quick Side Note
Incidentally, Councilor Justin Costa and I met with representatives from Fair Elections Portland in September 2019 and offered to create a question around public financing of local elections that could have been placed on the March 2020 (or July 2020 or November 2020) ballot as a Charter Amendment. We also offered to pursue an ordinance change to create a public financing mechanism in the City instead of going the Charter route.

​Given these two options, Fair Elections Portland was more interested in a Charter change, because that felt more substantial to them and less likely to be "undone" by a future Council. Councilor Costa and I were both willing to work with them on that, and we are both still interested in pursuing public financing options for local races, as are other members of the Council. At this point, however, we have to wait for Fair Elections Portland's appeal to work its way through the court system. ​​

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