When an elected official(s) turns over the keys of the public treasury to UNelected citizens the voters and taxpayers of that community have a right to know who the elected official(s) is/are that have statutory oversight responsibility so that THEY can be held accountable for the financial decisions of those UNelected public officials who are spending the people's money.

The journey to authenticate the mayor's power and/or the city council's power to nominate and dismiss appointed commissioners of the Portland Development Commission, which has the power to annually spend $200,000,000 in public funds which affects Portland and Multnomah county, begins at the bottom of this email and works its way up to the finale written by Portland's city attorney. For the moment the story has two possible endings:

1. The Portland city attorney does NOT have sufficient professional legal skills to authenticate the mayor's power and/or the city council's power to nominate and dismiss PDC commissioners - leaving this critical issue of public accountability and authority in legal limbo.

OR

2. The Portland city attorney does not take requests for legal opinions from the Portland City Auditor's office seriously and feels no need to do the hard work required for a professional legal opinion - leaving this critical issue of public accountability and authority in legal limbo.

When I spoke with Portland's City Attorney, Linda Meng, some time ago she told me that she could not find the answer to the question: Where is the statutory authority that gives the mayor and/or the Portland city council the legal foundation to nominate and dismiss PDC commissioners within ORS 457 and Chapter 15 of the city charter? She said the answer to that question was not obvious in those documents and would require serious legal research which she could not commit to without a formal request from a legitimate client of the City Attorney's office. So off I went to get and then got a legitimate client, Portland's elected Auditor, to make the request for a formal legal opinion.

At no time during my conversation with the city attorney did I say that I did not "believe" that ORS 457 and Chapter 15 of the city charter did not contain an answer to my question. The record of evidence clearly shows that I consistently said that I needed help finding the answers not that they weren't there. This is not a faith based issue. It is a matter of law. In fact, it was the city attorney that quite specifically said that she could not easily find the answer in these legal documents, ORS 457 and Chapter 15 of the city charter, and that further research would be required. 

All members of the Portland city council were sent copies of the city attorney's email below on October 6th. I made personal phone calls to Portland Auditor Gary Blackmer's office and the office of Portland's mayor, Tom Potter, on October 6th and then again on October 10th to ask them to respond to a legal opinion by the Portland city attorney that leaves an open legal question, at whose pleasure do PDC commissioners serve, and the consequences of that opinion on future actions of both the PDC and the Portland city council.

Apparently neither of these offices think knowing "who's in charge here" with regard to PDC is sufficiently important to warrant an answer. What do you think?


Richard Ellmyer
3-6-9 Resolution author and project champion
Writer/Publisher - HAP Watcher commentary - Published on the Internet and distributed to 13,000 readers interested in public housing policy in Multnomah County.
http://www.goodgrowthnw.org
President, MacSolutions Inc. - A Macintosh computer consulting business providing web hosting for artists and very small businesses. Located in Portsmouth, the neighborhood with the second highest concentration of public housing clients, 16% and rising, within HAP's Multnomah county jurisdiction of 117 neighborhoods.


***********************************************************************************************************************
From:   lmeng@ci.portland.or.us
Subject: FW: Legal Authority To Nominate And Dismiss PDC Commissioners?
Date: October 6, 2006 11:50:42 AM PDT
To:   ellmyer@macsolve.com
Cc:   gblackmer@ci.portland.or.us, samadams@ci.portland.or.us, rleonard@ci.portland.or.us, tjp@ci.portland.or.us, dansaltzman@ci.portland.or.us, esten@ci.portland.or.us, Ombudsman@ci.portland.or.us


Mr. Ellmyer,
I am responding to your email below directed to our office manager, Kim Sneath.
You and I spoke on the telephone for some period of time about this issue a while ago.  I directed you to the relevant portions of the City Charter and state statutes.  You and I discussed them.  You indicated you do not believe those provisions answer your question, but they are the only relevant provisions I am aware of.  We do not have any additional information to provide to you.
 
Linda Meng
 
*****************************************************************************************************************

From: Richard Ellmyer [mailto:ellmyer@macsolve.com] 
Sent: Monday, October 02, 2006 10:33 AM
To: Kim Sneath
Cc: Ombudsman@ci.portland.or.us; Gary Blackmer; Sam Adams; Randy Leonard; Tom Potter; Dan Saltzman; Erik Sten; Bertha Ferran; Sal Kadri; Mark Rosenbaum; Charles Wilhoite; Eric Parsons; Ryan Frank; Anna Griffin; Doug Bates; Renee Mitchell; Connie Pickett; Henry Stern
Subject: Legal Authority To Nominate And Dismiss PDC Commissioners?

Hi Kim:
It is almost a month since I sent the request copied below to you. Would you please acknowledge receipt of this request and, more importantly, tell me and the office of the Portland City Auditor a date certain when your office will provide me with an answer so that I may share your opinion with my readers which include elected officials in Portland city government and appointed PDC commissioners who are, at present, without any knowledge of the basis for taking legally supported action with regard to the nomination and dismissal of PDC commissioners.

Thank you.


Richard Ellmyer
3-6-9 Resolution author and project champion
Writer/Publisher - HAP Watcher commentary - Published on the Internet and distributed to 13,000 readers interested in public housing policy in Multnomah County.
http://www.goodgrowthnw.org
President, MacSolutions Inc. - A Macintosh computer consulting business providing web hosting for artists and very small businesses. Located in Portsmouth, the neighborhood with the second highest concentration of public housing clients, 15% and rising, within HAP's Multnomah county jurisdiction of 117 neighborhoods.

******************************************************************************************************************************

From:   ellmyer@macsolve.com
Subject: Nominating and Dismissing PDC Commissioners
Date: September 7, 2006 11:39:24 AM PDT
To:   ksneath@ci.portland.or.us
Cc:   Ombudsman@ci.portland.or.us, gblackmer@ci.portland.or.us


Hi Kim:
Tony Anderson in the Auditor's office asked me to contact you with regard to a question I have about the nominating and dismissing of PDC commissioners.

On July 6th I used the PDC website to direct an inquiry to the PDC legal department to find out the statutory basis for the nomination and dismissal of PDC commissioners. Several emails, phone calls and visits to PDC, the City Auditor's Office and the City Attorney's Office have now, two months later, lead me to you. I sincerely hope this is the end of the trail.

The authority to direct the Portland Development Commission is currently a major news and political story. Revealing the statutes which give authority to the mayor of Portland and/or the Portland City Council to nominate and dismiss PDC commissioners is essential to a public discussion and understanding of this matter. Appointment to the PDC is NOT a lifetime appointment similar to the Supreme Court of the United States. PDC commissioners serve at someone's pleasure, be it the mayor and/or the Portland City Council.   It is startling to me that all the evidence I have amassed in the last two months strongly makes the case that NO ONE at PDC nor any employee of the city of Portland - including all the city commissiosners and the mayor, knows, as of this writing, who's in charge here. Quite amazing and a bit disturbing to me to say nothing of the embarrassment factor for those in public office.

I have researched both ORS 457 and Chapter 15 of the City Charter. I cannot find any reference to those sections which authorize the mayor of Portland, and only the mayor, to nominate PDC commissioners nor can I find any specific reference to the process for removing a PDC commissioner similar to that found for the removal of HAP commissioners in ORS 456.110.

Would you please make an official inquiry and point out those sections of the Oregon Revised Statutes and Portland's City Charter which authenticate the mayor's power and/or the city council's power to nominate and dismiss PDC commissioners.

Thanks for your help.


Richard Ellmyer
3-6-9 Resolution author and project champion
Writer/Publisher - HAP Watcher commentary - Published on the Internet and distributed to 13,000 readers interested in public housing policy in Multnomah County.
http://www.goodgrowthnw.org
President, MacSolutions Inc. - A Macintosh computer consulting business providing web hosting for artists and very small businesses. Located in Portsmouth, the neighborhood with the second highest concentration of public housing clients, 15% and rising, within HAP's Multnomah county jurisdiction of 117 neighborhoods.

**********************************************************************************************************************

From:   ellmyer@macsolve.com
Subject: Re: Request
Date: August 22, 2006 12:18:03 PM PDT
To:   cophillips@ci.portland.or.us


Hi Colleen:
The authority to direct the Portland Development Commission is currently a major news and political story. Revealing the statutes which give authority to the mayor of Portland to nominate and dismiss PDC commissioners is essential to a public discussion and understanding of this matter.

I have researched both ORS 457 and Chapter 15 of the City Charter and I cannot find any reference to those sections which authorize the mayor of Portland, and only the mayor, to nominate and dismiss PDC commissioners. Would you please guide me to those sections of the Oregon Revised Statutes and Portland's City Charter which authenticate the mayor's power and the city council's power to nominate and dismiss PDC commissioners. Thank you.


Richard Ellmyer
3-6-9 Resolution author and project champion
Writer/Publisher - HAP Watcher commentary - Published on the Internet and distributed to 13,000 readers interested in public housing policy in Multnomah County.
http://www.goodgrowthnw.org
President, MacSolutions Inc. - A Macintosh computer consulting business providing web hosting for artists and very small businesses. Located in Portsmouth, the neighborhood with the second highest concentration of public housing clients, 15% and rising, within HAP's Multnomah county jurisdiction of 117 neighborhoods.

***********************************************************************************************************************

From:   cophillips@ci.portland.or.us
Subject: Request
Date: August 18, 2006 9:32:58 AM PDT
To:   ellmyer@macsolve.com


We spoke yesterday regarding your request to provide you with information relating to the dismissal of current PDC Commissioners.  Could you send that request to me in writing (email is fine).  That way we can forward it to the appropriate office to research it.
 
Thanks.
 
Colleen Phillips
City Auditor's Office
503.823.4082

*************************************************************************************************************************

Subject: Authority To Nominate And Dismiss PDC Commissioners
Date: July 27, 2006 1:40:40 PM PDT
To:   gblackmer@ci.portland.or.us, warnerb@pdc.us
Cc:   bferran@windermere.com, sal@valuecad.com, eparsons@standard.com, mark@rosenbaumfinancial.com, hstern@wweek.com, samadams@ci.portland.or.us, rleonard@ci.portland.or.us, tpotter@ci.portland.or.us, dsaltzman@ci.portland.or.us, erik@ci.portland.or.us, jimredden@portlandtribune.com, cawilhoite@willamette.com, dblomgren@batemanseidel.com, wendy@pdxcityclub.org, nickbudnick@portlandtribune.com, rmitch@news.oregonian.com, dougbates@news.oregonian.com, ryanfrank@news.oregonian.com, annagriffin@news.oregonian.com

Hi Folks:
The authority to direct the Portland Development Commission is currently a major news and political story. Below my signature is the fundamental question I have asked of both PDC and the city of Portland's Ombudsman. PDC's response did not answer my question. It merely directed me to make further inquires of the Portland City Attorney's office. The Portland City Attorney's office responds only to city officials not citizens. The Portland Ombudsman has not responded.

Revealing the statutes which give authority to the mayor of Portland to nominate and dismiss PDC commissioners is essential to a public discussion and understanding of this matter. Please guide me to those sections of the Oregon Revised Statutes and Portland's City Charter which authenticate the mayor's power in this arena. Thank you.
 

Richard Ellmyer
3-6-9 Resolution author and project champion
Writer/Publisher - HAP Watcher commentary - Published on the Internet and distributed to 13,000 readers interested in public housing policy in Multnomah County.
http://www.goodgrowthnw.org
President, MacSolutions Inc. - A Macintosh computer consulting business providing web hosting for artists and very small businesses. Located in Portsmouth, the neighborhood with the second highest concentration of public housing clients, 15% and rising, within HAP's Multnomah county jurisdiction of 117 neighborhoods.

****************************************************************************************************************************
From:   ellmyer@macsolve.com
Subject: Authority To Nominate And Dismiss PDC Commissioners
Date: July 19, 2006 10:14:57 AM PDT
To:   ombudsman@ci.portland.or.us

Hi Office of Portland's Ombudsman:
I asked the following question to PDC:
Does the Portland Development Commission fall under ORS 456.110 because it spends a great deal of its resources on housing or is there another statute which covers the dismissal of PDC commissioners?

It replied:
"ORS 456 does not apply to PDC.  PDC is covered by ORS 457 and by Chapter 15 of the City Charter."

I have researched both ORS 457 and Chapter 15 of the City Charter and I cannot find any reference to those sections which authorize the mayor of Portland, and only the mayor, to nominate and dismiss PDC commissioners. Would you please guide me to those sections of the Oregon Revised Statutes and Portland's City Charter which authenticate the mayor's power in this arena. Thank you.
 

Richard Ellmyer
3-6-9 Resolution author and project champion
Writer/Publisher - HAP Watcher commentary - Published on the Internet and distributed to 13,000 readers interested in public housing policy in Multnomah County.
http://www.goodgrowthnw.org
President, MacSolutions Inc. - A Macintosh computer consulting business providing web hosting for artists and very small businesses. Located in Portsmouth, the neighborhood with the second highest concentration of public housing clients, 15% and rising, within HAP's Multnomah county jurisdiction of 117 neighborhoods.

********************************************************************************************************************

From:   GertlerE@pdc.us
Subject: RE: Dismissal Statute?
Date: July 18, 2006 11:42:02 AM PDT
To:   ellmyer@macsolve.com, RawlsJ@pdc.us, LessnerR@pdc.us

Richard,
After researching your question, this is what I have learned:
ORS 456 does not apply to PDC.  PDC is covered by ORS 457 and by Chapter 15 of the City Charter. 
For further questions about PDC Commissioners, you should consult the city attorney's office at 503-823-4047.
Elissa Gertler 
Public Affairs Manager 
Portland Development Commission 
222 NW Fifth Ave. 
Portland, OR  97209 
503-823-3231 tel 
503.865.3673 fax 
503.823.6388 media pager 
gertlere@pdc.us 
www.pdc.us
 
*********************************************************************************************************************

From: Richard Ellmyer [mailto:ellmyer@macsolve.com] 
Sent: Monday, July 17, 2006 11:21 AM
To: Julie Rawls; Rochelle Lessner; Elissa Gertler
Subject: Dismissal Statute?

Hi Folks:
On July 6th I asked a question via PDC's website. To date it remains unanswered. Would you please send me the answer ASAP or forward this request to someone who can and will send me a response. Thank you.


Richard Ellmyer
3-6-9 Resolution author and project champion
Writer/Publisher - HAP Watcher commentary - Published on the Internet and distributed to 13,000 readers interested in public housing policy in Multnomah County.
http://www.goodgrowthnw.org
President, MacSolutions Inc. - A Macintosh computer consulting business providing web hosting for artists and very small businesses. Located in Portsmouth, the neighborhood with the second highest concentration of public housing clients, 15% and rising, within HAP's Multnomah county jurisdiction of 117 neighborhoods.

************************************************************************************************************************

From: "Richard Ellmyer" <ellmyer@macsolve.com>
Date: July 6, 2006 10:24:45 AM PDT
To: ellmyer@macsolve.com
Subject: Dismissal Statute

You sent this message to the Portland Development Commission: 

Hi Frederick Davis-Brown:
Does the Portland Development Commission fall under ORS 456.110 because it spends a great deal of its resources on housing or is there another statute which covers the dismissal of PDC commissioners?