Measure would alter structure of city employment

Measure 26-90 on the May 15, 2007 Multnomah County Ballot would change policy so that certain top-level city employees would no longer be protected by civil service laws and could be terminated at any time because of poor job performance.

The ballot measure would also affect temporary workers, making the workers standard city employees with rights to unionize and negotiate benefits.

The measure is based on the recommendations of the Portland City Charter Review Commission, appointed in November of 2005.

In over 100 public meetings, the commission took testimony from sources including legal experts, academics and former city employees. After gathering this information, the commission presented its recommendations for the charter reform to the Portland City Council.

The measure would update and streamline Portland’s civil service requirements as they are outlined in the City Charter. The Portland City Council appointed the commission because a review of the charter had not taken place since 1922.

“We haven’t really taken a comprehensive look at our charter in about 94 years,” said Chisek.

All recommendations made by the council in the measure are based on the testimonies they received, which are detailed in the Charter Review Commission’s report to City Council.

According to Kyle Chisek, treasurer and manager of the Reform City Hall Campaign, the measure would clean up the language of the Charter making it easier to understand and put into practice. The Reform City Hall Campaign was formed by the members of the Commission who wanted to see their recommendations put on the upcoming ballot.

“I look at it as a housekeeping measure,” Chisek said.

The measure would also remove some language that is outdated or unnecessary.

“It just didn’t apply,” Chisek said.

Currently, temporary employees are restricted to working 800 hours per year. Exceeding this limit means they must be let go by the city, according to the charter.

Chisek said that after they are terminated, these employees are typically hired by a staffing agency and then contracted through the agency for the jobs they already performed for the city. This costs the city more money because they must pay the staffing agency more money than they paid the worker. The worker still makes the same amount of money, Chisek said.

The measure would remove the section in the charter on temporary employees, making them standard employees with no limit on how long they are allowed to work each year. As standard city employees, the workers would have the right to unionize and negotiate benefits.

“If unions and management can get to the negotiating table, that works better than this previous limitation. We thought that base [temporary workers] should get their fair shot at the bargaining table,” Chisek said.

In the current charter some top-level employees, such as deputy bureau directors, are protected by civil service laws and cannot be fired easily.

The measure would allow the Portland City Council the option to change particular top-level employees to “at-will employees,” meaning they can be fired at anytime based on a lack of performance.

The measure does not specify which positions would be changed, but instead gives the council the power to decide which positions they feel should be changed.

According to Chisek, current top-level employees will not be affected by the new measure, but it will affect those who enter the positions after the measure has been passed.

“They’re grandfathered basically,” Chisek said.

Chisek said this is necessary to protect the interests of people who currently hold these positions.

If passed, the measure would require quarterly meetings of the Civil Service Board, who hears appeals of issues involving job classifications, examinations and employee discipline. The Civil Service Board would also be required to submit an annual report to the Portland City Council. Additionally, the measure would standardize the Civil Service appeals process.

The measure is part of a four-measure campaign to reform City Hall, including: measure 26-89, which would require the city to periodically review the charter; measure 26-91, which would alter the role of the mayor in city government; and measure 26-92, which would change the relationship between the Portland City Council and the Portland Development Commission.

Ballots are due by 8 p.m. on election day, May 15, 2007.