NOTICE IS HEREBY GIVEN that a Ballot Title and Explanatory Statement for a Multnomah County Initiative Petition has been filed with the Multnomah County Director of Elections. The initiative petition complies with constitutional requirements.
Any registered Multnomah County voter dissatisfied with the Ballot Title and Explanatory Statement may file a petition for review with the Multnomah County Circuit Court on or before November 27, 2024. Any person filing a petition must also file a copy of the challenge with the Director of Elections, 1040 SE Morrison St., Portland, not later than 5:00 p.m. on the next business day after the date the petition has been filed with the Circuit Court. - Tim Scott, Multnomah County Director of Elections
Caption: Amends Charter: Requires County compensate injuries from property crimes, prohibits new tax
Question: Should County compensate $2500 (maximum/occurrence) for property crime injuries within County, unless certain crimes fall below 2014 levels?
Summary: Charter amendment would require County to compensate individuals, entities for property damage, bodily injury resulting from property crimes committed within County. Qualifying crime requires "crime victim" (individual, entity with injury to property by third party criminal conduct), probable cause crime occurred, report to law enforcement, victim agreement to cooperate in civil or criminal proceedings. Claim maximum $2500 per occurrence, adjusted annually using consumer price index. Compensation paid regardless of victim's commercial insurance, other indemnification rights. County may seek reimbursement from perpetrator for claims paid; no subrogation against victim's insurer.
County must establish Crime Victims' Compensation Office to design, distribute claim forms, administer claims, investigate fraudulent claims, pay claims within 60 days. Claims submitted confidentially under public records law.
Prohibits new taxes on County residents, property, businesses to fund obligations.
County compensation obligations suspended for one year after December 31, 2026, if published FBI statistics show reported theft, auto theft, burglary in County for past year below 2014 levels.
Victim can enforce County obligations in court, seek damages, other remedies, recover attorney fees upon prevailing.
Explanatory Statement:
New Requirement: County to Compensate Individuals and Entities for Property Damage and Bodily Injury from Property Crimes Committed within Multnomah County
This measure would amend the County Charter to require the County to compensate individuals and entities, including property owners or lessors of property, for property damage and bodily injury as a result of a property crime committed within the County.
A crime qualifies as a property crime subject to the compensation provisions of the measure if:
- It involves conduct prohibited by state criminal law (ORS Chapters 131 to 169)
- It is committed by a third party against a crime victim, meaning an individual or entity who sustains injury to property as a result of a crime
- There is probable cause that a crime has occurred, even if no charges are brought
- The crime is reported to a law enforcement agency, and
- The crime victim agrees to cooperate in any civil or criminal proceeding against the perpetrator.
The maximum amount of any claim is $2500 per occurrence, with that amount adjusted annually for inflation based on the consumer price index. The County would have the right to seek reimbursement from a perpetrator to the extent of any claim paid, but the County would not have a right of subrogation against a crime victim’s insurer.
The County’s compensation obligation would exist even if a crime victim has commercial insurance or an existing right to indemnification.
County Board to Establish Crime Victims’ Compensation Office
The Board of County Commissioners would be required to establish by ordinance a Crime Victims’ Compensation Office to design claim forms, make those forms available to crime victims, administer claims, investigate suspected fraudulent claims, and pay claims within 60 days of presentation by crime victims.
The claims and related information would be treated as submitted in confidence under state public records law. The County could release reasonably anonymized claims data aggregated by geography or demographics.
Prohibition on New Tax to Fund New County Obligations
The County would be prohibited from imposing new taxes on County residents, property located within the County, or persons doing business within the County to finance the County’s obligations under the measure.
Suspension of County Compensation Obligation Upon Certain Conditions
After December 31, 2026, the County’s compensation obligations would be temporarily suspended and inoperative for one calendar year if published Federal Bureau of Investigation statistics showed the incidence of reported crimes of theft, auto theft, and burglary for the last immediate calendar year are below those reported by the FBI in calendar year 2014.
Enforcement and Severability
Crime victims could enforce the County’s obligations and seek damages, declaratory relief, injunctive relief, or other remedies. Prevailing crime victims would be entitled to recover costs and reasonable attorney fees.
Any portion of the amendment held invalid would not affect remaining provisions.