Amend Hearings Office Code to transfer the Hearings Office from Office of Management and Finance to Auditor’s Office (amend Code Title 22)

The City of Portland ordains: Section 1. The Council finds: Portland City Code Title 22 establishes the office of the Code Hearings Officer (the “Hearings Office”) to provide a fast, fair, and impartial adjudication of alleged City Code violations and to provide persons adversely affected by administrative determinations and decisions with an effective and impartial appeal and review process. The Code Hearings Officer acts on behalf of Council. The Hearings Office currently resides within the Office of Management and Finance; however, prior to 2020, the Hearings Office had been assigned to the Auditor’s Office. As part of the City’s Charter transition and reorganization, the Auditor has consented to the reassignment of the Hearings Office to the Auditor, effective July 1, 2024, pending (i) Council’s adoption of this Code amendment and (ii) Council’s approval of the Auditor’s requested Fiscal Year 2024-25 decision package for the Hearings Office. City Code Section 22.02.010 establishes the Hearings Office. The amendment to Section 22.02.010 codifies Council’s delegation of the Hearings Office to the City Auditor and clarifies that the Hearings Office will fall under the Auditor’s independent authority, as provided in the City Charter. This legislation will also bring the Code into alignment with new language standards (e.g., “shall” with “will”), clarifies a party’s right to request a continuation of a hearing when a party determines that additional evidence should be brought forward, and restates the procedure regarding compelling compliance with a subpoena in a way that recognizes the authority of the Circuit Courts to make their own determinations. NOW, THEREFORE, the Council directs: Portland City Code Chapter 22 is amended as shown in Exhibit A. This ordinance takes effect on July 1, 2024.