Portland city councilors will support some changes to citizen referendum process

Members of Portland’s City Council say they will support some reforms to the citizen-initiated referendum process.

Mayor Kate Snyder and councilors agreed during a workshop Monday night that it is probably time for revisions to Chapter 9, the city code governing citizen referendum questions, which has not been changed since 1991. No votes were taken at the workshop.

Snyder said any changes to the process will be brought before the City Council in June where councilors will have to decide whether to develop a referendum question that would be presented to voters for their approval in November. But for now, councilors will need to refine the proposal presented to them by Michael Goldman, acting corporation counsel.

Councilors agreed on one key change. They said that any future referendum questions initiated by citizens must contain a fiscal impact statement, letting voters know in advance how much an ordinance change would cost the city. The fiscal note change would require that any ordinance approved by voters that has an impact of more than $50,000 would have to be delayed until the next fiscal year.

Councilors also agreed that any citizen-initiated referendum should be presented to voters on the November ballot instead of June when voter turnout tends to be low.

There was disagreement over another proposed change that seeks to increase the petition signature requirement from 1,500 registered voters to 10% of the number of votes cast in the last gubernatorial election, which in Portland’s case would have been 3,339 votes. The 10% requirement would align with state guidelines.

But several councilors said they saw no need for bringing the signature minimum into alignment with what the state requires.

Another significant change to Chapter 9 would allow the council to change a citizen-initiated ordinance one year after its effective date, provided that a super majority of city councilors approve the revisions. Councilors seemed to like that idea, but could not reach consensus on whether the supermajority should consist of six or seven councilors.

Public comment was allowed at the hybrid workshop. Of the five who spoke virtually, four said they support reforms. Several other residents provided written comments in advance of the workshop.

Jim Hall, who spoke Monday night, said there have been significant changes in election laws since 1991 and Portland should align with state practices.

“Our current law has become a loophole for those who want to bypass the legislative process,” said Hall, calling it similar to a shadow government.

James Cohen, a Portland attorney who previously served on the City Council and as mayor, urged the council to reform the referendum process.

“This past fall, voters were at a breaking point with frustration over our ballot process, and my neighbors have made clear, over and over, that they are looking for reform,” Cohen said in his written remarks.

In November, voters weighed in on 13 referendum questions, including eight from the city’s Charter Commission and five citizen-initiated questions. Portland city councilors voted in March to send a citizen-initiated referendum seeking to eliminate a 5% cap on rent increases when an apartment turns over to voters at the June election.

“Year after year, I feel like I am binge voting on referendum questions,” Joshua Chaisson, a Portland resident, told the council. Chaisson described Chapter 9 as being “arcane” and urged the council to enact reforms.

Portland resident Ken Capron said the City Council needs to set its own course and listen more effectively to its constituents.

“None of these initiatives would be necessary if the councilors were doing their job,” Capron said.

At-large Councilor April Fournier said she is comfortable with the 1,500-signature floor, but said requiring a fiscal note is paramount.

“I think we are striving for a balance because we want the public to be engaged,” said Fournier, adding that it’s important for the council to maintain “a back and forth” dialogue with its constituents.

Snyder said she came into the process with an open mind, but like her colleagues said requiring a fiscal note is a good idea. The mayor urged caution with regard to the council making changes to a referendum-approved ordinance one year after it has been enacted.

“When the voters have spoken, in my view, you have to be really, really careful,” Snyder said. She said any changes should be administrative in nature and not substantive. “I have full respect for the citizen initiated referendum process. It is here to stay.”