City of Portland - Measure 26-129
BALLOT TITLE
AMENDS CHARTER: DELETES OUTDATED, UNENFORCEABLE PROVISIONS REGARDING VAGRANTS AND PAUPERS
QUESTION: Shall outdated and unenforceable Portland City Charter power regarding vagrants and paupers be deleted?
SUMMARY: Charter Section 2-105(a)(51) currently states that the City has the power to define vagrancy and to provide support, restraint, punishment and employment of vagrants and paupers. This measure deletes Section 2-105(a)(51). Portions of this Section are outdated and unenforceable because the City does not have legal authority to punish or restrain or to require employment of vagrants and paupers. Deletion of this section of the City’s specific powers will not impair the City’s general powers and authority to protect and support the City’s public health and safety.
EXPLANATORY STATEMENT
This measure deletes Portland City Charter Section 2-105(a)(51) which gives the City the power to define vagrancy and to provide support, restraint, punishment and employment of vagrants and paupers. This Section is outdated and unenforceable because the City does not have legal authority to punish or restrain or to require employment of vagrants and paupers. Deletion of this section of the City’s specific powers will not impair the City’s general powers and authority to protect and support public health and safety.
The Charter Commission referred this measure to the voters. The City’s Charter Commission reviewed the Charter and identified parts of the Charter that the Commission determined are outdated, unenforceable or offensive, including Charter Section 2-105(a)(51). The Charter Commission proposes deletion of Section 2-105(a)(51) of the Charter because the section contains outdated, offensive and unenforceable terms. This section can be deleted without changing City government structure or operations.
Submitted by
James H. Van Dyke
City Attorney
City of Portland