Notice of Measure Referrals from Multnomah County

NOTICE IS HEREBY GIVEN that the Multnomah County Board, as recommended by the Multnomah County Charter Review Committee, has referred seven measures to voters in Multnomah County at the Nov. 8, 2022 General Election, and the Multnomah County Elections Division has received a Ballot Title and Explanatory Statement for these seven referrals. Any registered voter dissatisfied with the Ballot Title and Explanatory Statement of any of these seven referrals may file a petition for review with the Multnomah County Circuit Court on or before August 22, 2022. Any person filing a petition must also notify the Director of Elections, 1040 SE Morrison St., Portland, in writing that the petition has been filed, and the notice must be given by 5:00 p.m. on the next business day after the petition has been filed with the Circuit Court. - Tim Scott, Multnomah County Director of Elections  


Jail Inspections Charter Amendment Ballot Title & Explanatory Statement

Amends charter: annual jail inspections by commissioners with volunteers, reporting (118.88 KB)

Ballot Title

Amends charter: annual jail inspections by commissioners with volunteers, reporting

Question: Should charter require county commissioners, with selected volunteers, inspect county jails annually, with interviews, record review, unannounced access, public reports?

Summary: State law requires the board of county commissioners to visit county operated local correctional facilities at least once each regular term to fully examine the facilities, including health and discipline of people in custody and cleanliness.

This charter amendment recommended by the Charter Review Committee would require county commissioners to conduct at least one additional inspection of county jails and correctional institutions administered by the sheriff per calendar year to ensure transparency and oversight.  Commissioners would use application process to select at least one volunteer member of the public to participate in inspections, with preference for individuals who live in, work in, or have demonstrated connections to county.  Volunteers would be independent of county auditor and facilities inspected and provided reasonable stipends and administrative support.

Subject to reasonable measures to ensure safety and security, the sheriff would provide access for the county commissioner and volunteer to any part of inspected facilities any time without prior notice; for confidential interviews with consenting individuals; to records related to facilities. Volunteers would issue public reports with findings, recommendations.

Explanatory Statement

State law (ORS 169.040) provides that the board of county commissioners is the inspector of local correctional facilities in the county.  For purposes of state law, Multnomah County currently has two local correctional facilities: Multnomah County Inverness Jail (Inverness) and Multnomah County Detention Center (MCDC).  State law requires the board to visit local correctional facilities operated by the county at least once in each regular term to examine the facilities fully, including the health and discipline of the persons confined and the cleanliness of the facilities.  As a result, the board visits Inverness and MCDC at least once a year. 

This charter amendment recommended by the Charter Review Committee would require county commissioners to make at least one additional visit per calendar year to county jails and correctional institutions administered by the sheriff under section 6.50 of the Charter (Sheriff) to ensure transparency and oversight.

County commissioners would be required to select at least one volunteer member of the public to participate in inspections. Volunteers would be selected using an application process, with preference given to those who live or work in the county or have a demonstrated connection to the county.  Volunteers would be required to be independent of the county auditor and the facility or facilities being inspected.  The county would provide volunteers with reasonable stipends and administrative support.

To facilitate inspections, and subject to reasonable measures to ensure safety and security, the sheriff would be required to provide access for the county commissioner and volunteer to any part of a county jail or correctional institution being inspected at any time without prior notice; for confidential interviews with consenting individuals, including adults in custody; and to records related to the facility being inspected. Volunteers would issue public reports with findings and recommendations.


Gender Neutral Charter Amendment Ballot Title & Explanatory Statement

Amends charter: replaces gender binary pronouns with gender neutral terms (181.03 KB)

Ballot Title

Amends charter: replaces gender binary pronouns with gender neutral terms

Question: Should county charter be amended to replace gender binary pronouns (including he, she, his, and her) with gender neutral terms?

Summary:  The existing county charter uses gender binary pronouns including he, she, his, and her, throughout the document in sections 4.10 (Qualifications), 4.20 (Terms Of Office; Successive Terms; Running For Office In Midterm), 4.40 (Vacancies – Causes), 6.10 (Chair Of The Board), 6.50 (Sheriff), and 7.20 (Civil Service Commission).  In addition, existing charter section 7.40(4) provides that references to the masculine gender in that chapter of the charter refer to the masculine, feminine, neuter, or applicable noun. 

This charter amendment would replace gender binary pronouns throughout the charter with gender neutral terms appropriate to the context.  For example, use of the pronouns “he or she” in section 6.50 to refer to the sheriff would be replaced with the term “the sheriff.”

This amendment also would remove existing charter section 7.40(4) because that section would no longer be necessary after removal of all references to gender. 

Explanatory Statement

Existing county charter uses gender binary pronouns in charter sections 4.10 (Qualifications), 4.20 (Terms Of Office; Successive Terms; Running For Office In Midterm), 4.40 (Vacancies – Causes), 6.10 (Chair Of The Board), 6.50 (Sheriff), and 7.20 (Civil Service Commission).  In addition, existing charter section 7.40(4) provides that references to the masculine gender in that chapter of the charter refer to the masculine, feminine, neuter, or applicable noun.

In 2019, Multnomah County updated its County Code to include a statement that the Code is gender inclusive and to replace gender binary pronouns with gender neutral pronouns.  Similar changes have not yet been made to the charter.

This charter amendment recommended by the Charter Review Committee would replace gender binary pronouns in the charter, including he, she, his, and her, with gender neutral terms.  The amendment would replace gender binary pronouns throughout the charter (in sections 4.10, 4.20, 4.40, 6.10, 6.50, and 7.20) with gender neutral terms appropriate to the context. 

For example, use of the pronouns “he or she” in section 6.50 to refer to the sheriff would be replaced with the term “the sheriff.”  Existing charter section 6.50 provides, “The people of Multnomah County shall elect a county sheriff for the function of said office as prescribed by state law and he or she shall have sole administration of all county jails and correctional institutions located in Multnomah County.”  As amended, charter section 6.50 would provide, “The people of Multnomah County shall elect a county sheriff for the function of said office as prescribed by state law and the sheriff shall have sole administration of all county jails and correctional institutions located in Multnomah County.” 

As another example, existing charter section 4.10(2) provides, in part, “Before the electee or appointee to an elective office takes the office he or she shall be eligible to be bonded.”  As amended, charter section 4.10(2) would provide, “Before the electee or appointee to an elective office takes the office the electee or appointee shall be eligible to be bonded.”

This amendment also would remove existing charter section 7.40(4) because that section would no longer be necessary after removal of all references to gender.


Ombudsperson Ballot Title & Explanatory Statement

Amends charter: establishes ombudsperson function in county auditor’s office (128.87 KB)

Ballot Title

Amends charter: establishes ombudsperson function in county auditor’s office

Question: Should charter establish ombudsperson function in auditor’s office to impartially investigate complaints about county administrative actions, make reports requiring response?

Summary: Under current charter, the county auditor conducts performance audits, makes reports; may conduct studies to measure, improve county performance; assists with redistricting; appoints salary commission. 

This charter amendment recommended by the Charter Review Committee would expand the auditor’s duties by establishing an ombudsperson function in the auditor’s office. The ombudsperson would, under auditor direction, be available to the public as an impartial resource to receive and investigate complaints and make related reports about administrative actions of the county.  Goal of ombudsperson is safeguarding rights of the public and promoting high standards of fairness, competency, efficiency and justice in provision of county services.  Responsible elected officials would be required to respond in writing to ombudsperson reports. 

The ombudsperson would not be authorized to investigate acts of an elected official or an elected official’s personal staff, matters currently in litigation, matters subject to collective bargaining agreement grievance procedures, violations of county personnel rules, or discrimination complaints from employees or applicants for employment.  The ombudsperson would be guided by generally accepted standards for governmental ombudsmen serving the public.

Explanatory Statement 

Under the current county charter, the county auditor conducts performance audits of all county operations and financial affairs and makes reports about those audits to the board of county commissioners.  The auditor may conduct studies intended to measure or improve the performance of county efforts.  In addition, the auditor’s duties include a role in redistricting, including determining the population distribution among the commissioner districts after the federal decennial census and, if needed, preparing and presenting to the board of county commissioners a plan for modifying the boundaries of commissioner districts.  The auditor also appoints a salary commission.

This charter amendment recommended by the Charter Review Committee would expand the auditor’s duties to include an ombudsperson function in the office of county auditor.  Under the auditor’s direction, the ombudsperson would be available to the public as an impartial resource authorized to receive and investigate complaints and make related reports about administrative actions of the county.  The goal of the ombudsperson would be to safeguard the rights of the public and promote high standards of fairness, competency, efficiency and justice in the provision of county services. 

Similar to county audit reports, the chair of the board of county commissioners or the responsible elected official would be required to respond in writing to all ombudsperson reports stating what actions had been or would be taken to address the findings in the report. The written response would be given to the board and the auditor in a manner and time frame requested by the auditor.

The ombudsperson would not be authorized to investigate the acts of an elected official or the elected official’s personal staff, matters currently in litigation, matters subject to collective bargaining agreement grievance procedures, violations of county personnel rules, or discrimination complaints from an employee or applicant for employment.

In carrying out its functions, the ombudsperson would be guided by generally accepted standards for governmental ombudsmen serving the public


Instant Runoff Ranked Choice Voting Ballot Title & Explanatory Statement

Amends charter: instant runoff ranked choice voting in county elections (174.94 KB)

Ballot Title

Amends charter: instant runoff ranked choice voting in county elections

Question: Should county officials be elected at general election (vacancies filled in May or November) using instant runoff ranked choice voting?

Summary: Under current charter, candidates for county office appear on primary election ballot; voters can cast one vote per office; candidate receiving majority is elected. If no candidate receives majority, two candidates receiving highest number of votes appear on general election ballot; candidate receiving majority is elected.  For vacancies filled by election, candidate receiving majority is elected at next May or November election. If no candidate receives majority, two candidates receiving highest number of votes appear on special election ballot; candidate receiving majority is elected.

Under amendment recommended by Charter Review Committee, by 2026, officers would be elected at general election, vacancies filled at next May or November election, using instant runoff ranked choice voting (voters rank candidates by preference).  Candidate with majority of votes based on first rankings is elected.  If no candidate receives majority, ballots are counted in subsequent rounds: candidates retain votes from prior rounds; candidate with fewest votes eliminated each round; votes for eliminated candidate transfer to candidate ranked next on those ballots. Process repeats until candidate with majority is elected.

Explanatory Statement 

Under the current charter, candidates for county elected office (chair, commissioners, auditor, sheriff) appear on the primary election ballot.  Voters may vote for only one candidate per office.  A candidate who receives a majority of the votes cast in the primary election is elected.  If no candidate receives a majority, the two candidates that received the highest number of votes appear on the general election ballot, and the candidate who receives a majority is elected.  For vacancies, if the term of office expires one year or more after the vacancy occurs, the replacement is elected at the next May or November election if a candidate receives a majority of the votes cast in that election.  If no candidate receives a majority of the votes cast in that election, the board calls a special election in which the names of the two candidates who received the highest number of votes appear on the ballot.  The candidate who receives a majority of the votes cast is elected to fill the remainder of the term.

This charter amendment recommended by the Charter Review Committee would change the method of electing county officers.  By 2026, county officers would be elected at the general election using instant runoff ranked choice voting.  Ranked choice voting is an election method where voters rank candidates for an office in order of preference and ballots may be counted in rounds. 

In the initial round of counting, a candidate who has a majority of the vote based on the number of first rankings each candidate receives is elected.  However, if no candidate receives a majority of the vote in the initial round of counting, ballots are counted in subsequent rounds.  In those subsequent rounds, candidates keep the number of votes counted for them in the first and any subsequent rounds that already occurred.  Then, the candidate having the fewest votes in each round is eliminated and ballots that had been counted as votes for the eliminated candidate instead are counted as votes for the candidate who is ranked next on those ballots.  That process of eliminating candidates and transferring votes to the next-ranked candidates on those ballots repeats until a candidate has a majority of the vote and is elected.  Because the instant runoff ranked choice voting method elects an official in a single election, no primary election would be necessary for county officers.

A similar process would be used for filling vacancies where the term of office ends one year or more after the vacancy occurs. In that case, a replacement would be elected at the next May or November election to fill the remainder of the term of office using the instant runoff ranked choice voting method described above.  Because the instant runoff ranked choice voting method elects an official in a single election, no special election would be necessary.

The current system of electing county officers and filling vacancies would remain in place until instant runoff ranked choice voting is implemented.


Extending Voting Rights Charter Amendment Ballot Title & Explanatory Statement

Amends charter: voting rights to be extended as legally allowed (82.45 KB)

Ballot Title

Amends charter: voting rights to be extended as legally allowed

Question:  Should charter require county to extend the right to vote, including to noncitizens, to the fullest extent allowed by law?

Summary:  State law provides that county residents who are United States citizens 18 years of age or older are eligible to register to vote.  Registered voters can vote in local, state, and federal elections, with limited exceptions (for example, under state law a person sentenced to a term of incarceration for a felony is not eligible to vote during the term of incarceration). Current county charter does not address voter registration or qualifications for elections for county officers and on county measures.  

This charter amendment recommended by the Charter Review Committee requires the county to extend the right to vote, including to noncitizens, to the fullest extent allowed by law.  This amendment would apply to the right to vote in elections for county officers (chair, commissioner, sheriff, and auditor) and on county measures (initiatives, referenda, and referrals of county ordinances or charter amendments).  

This amendment would not immediately change existing voting rights in county elections, but directs the county to take action to extend the right to vote as allowed by law.  

Explanatory Statement 

State law provides that county residents who are United States citizens 18 years of age or older are eligible to register to vote.  Registered voters can vote in local, state, and federal elections, with some limited exceptions (for example, state law provides that a person sentenced to a term of incarceration for a felony is not eligible to vote during the term of incarceration). Current county charter does not address voter registration or voter qualifications for elections for county officers and on county measures. 

This amendment recommended by the Charter Review Committee would add a provision to the county charter requiring the county to extend the right to vote, including to noncitizens, to the fullest extent allowed by law.  This amendment would apply only to the right to vote in elections for county officers (chair, commissioner, sheriff, and auditor) and on county measures (initiatives, referenda, or referrals of county ordinances or charter amendments). 

This amendment would not immediately change existing voting rights in county elections, but directs the county to take action to extend the right to vote as allowed by law.  If this amendment is adopted by voters, the county first would determine whether and to what extent the law allows the county to extend the right to vote to additional individuals, and the county then would take steps to extend the right to vote if and to the extent allowed by law.


Charter Review Committee Amendment Ballot Title & Explanatory Statement

Amends Charter Review Committee qualifications, appointment, length; requires public engagement (183.59 KB)

Ballot Title

Amends Charter Review Committee qualifications, appointment, length; requires public engagement

Question: Should charter require county board to appoint Charter Review Committee by commissioner district for 18 month process with public engagement?

Summary:  Under current charter, state legislators appoint Charter Review Committee after application process with timelines, with two electors appointed from each senatorial district with majority of voters in county, and one elector appointed from each senatorial district with less than majority of voters in county. Appointees from same district cannot be registered in same political party.  Committee can meet from September to August (up to 11 months).  Committee chooses chairperson. 

Under amendment recommended by Charter Review Committee, timeline for application and appointment would be removed. After application process, county board would appoint four electors from each commissioner district (16 members) and endeavor to appoint committee that represents diverse communities in the county. Removes restriction on appointee political party; appointee moving between districts after appointment could continue to serve. Committee could meet from March to August of the following year (up to 18 months). Committee to choose leadership. Office of Citizen Involvement could fill vacancies and would be required to staff committee and conduct public education, outreach, engagement that aligns with county’s equity and inclusion values.

Explanatory Statement  

Every six years, Multnomah County convenes a Charter Review Committee to make a comprehensive study of the County’s home rule charter, and, if it chooses, the committee can recommend amendments to the charter to be submitted to the voters. 

Under current charter, the Charter Review Committee is composed of two electors appointed from each senatorial district having the majority of its voters within the county, and one elector appointed from each senatorial district having less than a majority of its voters within the county.  The committee is appointed by the state senator and two state representatives who represent residents in each state senate district located in the county.  The Office of Citizen Involvement begins accepting applications in January of the year that the committee convenes, and forwards those applications to the state senator who represents each applicant.  The state legislators appoint committee members in August of that same year. Appointees from the same district cannot be registered in the same political party.  The current charter does not address how vacancies are filled or whether a committee member can continue to serve if they move out of the district they were appointed to represent.  The charter provides that the committee will choose a chairperson.  Under current charter, the committee convenes in September and must make its final report by the following August, allowing up to 11 months for the committee to study the charter and determine whether to make recommendations.

This charter amendment recommended by the current Charter Review Committee would change the Charter Review Committee member qualifications and appointment process.  It would also extend the length of the time during which the committee could meet and would require the process to include public engagement.

In particular, this amendment removes the application and appointment timeline.  The Office of Citizen Involvement would continue to administer the committee application and evaluation process, but appointments would be by the county chair with the approval of the board of county commissioners.  Appointments would be by county commissioner district, rather than senate district, with four electors appointed per district, for a 16 member committee.  There would be no requirement that appointees from the same district be from different political parties.  The amendment would require the board to endeavor to appoint a committee that represents the diverse communities in the county.  The committee would choose its own leadership structure.

The committee would convene in March of the year before it is required to make its final report, allowing up to 18 months for the committee to study the charter and determine whether to make recommendations.

The amendment would clarify that an appointee who moves between commissioner districts can continue to serve on the committee and would allow the Office of Citizen Involvement to fill vacancies.

The amendment would require the Office of Citizen Involvement to staff the committee and include public education, outreach, and engagement that aligns with the county’s equity and inclusion values as part of the committee process, including as part of the application process.


Auditor Access to Information Ballot Title & Explanatory Statement

Amends charter: auditor unrestricted access to information, requires “right-to-audit” clause (114.43 KB)

Ballot Title

Amends charter: auditor unrestricted access to information, requires “right-to-audit” clause

Question: Should charter provide county auditor timely, unrestricted access to employees, information, records, and require “right-to-audit” clause in county contracts?

Summary: Under current charter, the county auditor conducts performance audits and makes reports according to generally accepted government auditing standards; may conduct studies to measure and improve county performance; assists with redistricting; appoints salary commission. Other than the reference to generally accepted government auditing standards, the charter does not expressly address or limit the method or means of conducting audits, including the auditor’s access to employees, information, or records.

Under this amendment recommended by the Charter Review Committee, the charter would require that the auditor be provided with unrestricted, timely access to county employees, information, and records required to perform auditor duties.  The county and the auditor would determine how to provide and manage confidential or limited-access records or property consistent with any legal obligations. 

The amendment would require all county contracts with outside contractors and subcontractors to contain a “right-to-audit” clause.  Contracts would also be required to provide for auditor access to the contractor’s employees and to all financial and performance related records, property, and equipment purchased in whole or in part with county funds.

Explanatory Statement

Under the current county charter, the county auditor conducts performance audits of all county operations and financial affairs and makes reports about those audits to the board of county commissioners according to generally accepted government auditing standards.  The auditor may conduct studies intended to measure or improve the performance of county efforts. In addition, the auditor’s duties include a role in redistricting, including determining the population distribution among the commissioner districts after the federal decennial census and, if needed, preparing and presenting to the board of county commissioners a plan for modifying the boundaries of commissioner districts.  The auditor also appoints a salary commission. Other than the reference to generally accepted government auditing standards, the charter does not expressly address or limit the method or means of conducting audits or performing other duties of the auditor. In particular, current charter does not expressly address or limit the auditor’s access to employees, information, or records.

Under this amendment recommended by the Charter Review Committee, the charter would require that the auditor be provided with unrestricted, timely access to county employees, information, and records required to perform duties of the auditor.  The county and the auditor would determine how to provide and manage confidential or limited-access records or property consistent with any legal obligations. 

The amendment would require all county contracts with outside contractors and subcontractors to contain a “right-to-audit” clause.  Contracts with outside contractors and subcontractors also would be required to provide for auditor access to the contractor’s employees and to all financial and performance related records, property, and equipment purchased in whole or in part with county funds.