*Amend Office of the City Attorney Code to authorize payment of costs for City employees facing certain criminal or civil proceedings (amend Code Section 3.10.020)

The City of Portland ordains.Section 1. The Council finds:Oregon has been a Sanctuary State since 1987, and in 2021, the Oregon State Legislature passed the Sanctuary Promise Act (HB3265) to strengthen Sanctuary Laws, community safety, and support immigrant and refugee communities by prioritizing human rights for all Oregonians.On March 22, 2017, City Council adopted Resolution 37277: Declare the City of Portland a Welcoming City, Sanctuary City, and an Inclusive City for all.On October 15, 2025, City Council adopted Resolution 37719: Denounce any attempts to deploy the United States Armed Forces, the National Guard, or militarized Federal Immigration Enforcement in Portland and establish the Protect Portland Initiative.On October 15, 2025, City Council adopted Ordinance 192115: Add Code to enact Sanctuary City status protections (add Code Chapter 23.20).The federal government has threatened or begun criminal investigations and prosecutions against state and local government officials seemingly because of the positions taken by those government officials related to federal immigration enforcement and the opposition to using local resources in connection with such enforcement efforts.Specifically, the federal government has subpoenaed state and local officials in Minnesota in connection with an obstruction investigation.ORS 244.040 expressly excludes both official compensation package and the reimbursement of expenses from restrictions on the prohibition of use of an official position or office for personal gain.OAR 199-008-0005 defines official compensation package to include "the direct payment of a public official's expenses by the public body, in accordance with the public body's policies."The City of Portland is committed to ensuring that elected officials and all City employees can perform their job responsibilities on behalf of the City without fear of the financial risk associated with improper and retaliatory federal prosecutions or other legal actions.NOW, THEREFORE, the Council directs:Amend City Code Section 3.10.020 as shown in Exhibit A.The City Administrator is hereby authorized and directed to adopt a City policy providing the specific circumstances and requirements for the representation of employees in connection with legal proceedings initiated by the federal government consistent with City code.Section 2. The Council declares an emergency exists because of the urgent need to have protections in place due to the posture of the federal government; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.