City of Portland - Measure 26-126
BALLOT TITLE
AMENDS CHARTER TORT NOTICE PROVISION FOR CONSISTENCY WITH STATE LAW
QUESTION: Shall tort claim notice provision in Portland City Charter be amended to be consistent with state law?
SUMMARY: Currently, Portland City Charter Section 1-106 states that tort claim notices must be presented to the City Attorney. The Oregon Tort Claims Act identifies who may receive tort claim notices for the City, including the City Attorney and other City officials. For consistency with state law, this measure removes the Charter requirement that service be made only on the City Attorney.
EXPLANATORY STATEMENT
This measure amends the Portland City Charter. Charter Section 1-106 currently states that tort claim notices must be presented to the City Attorney. This is inconsistent with the Oregon Tort Claims Act, which identifies who may receive tort claim notices for the City, including the City Attorney and other City officials. For consistency with state law, this measure removes the Charter requirement that service be made only on the City Attorney.
The City Charter Commission referred this measure to the voters. The Charter Commission reviewed the Charter and identified parts of the Charter that the Commission determined are outdated, unenforceable or offensive, including the notice provision in Charter Section 1-106. This amendment will not change City government structure or operations.
Submitted by
James H. Van Dyke
City Attorney
City of Portland