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BTS-1.02 - Administrative Rule Development & Issuance

ADMINISTRATIVE RULE DEVELOPMENT & ISSUANCE

Administrative Rule Adopted by Office of Management and Finance Pursuant to Rule-Making Authority
ARB-BTS-1.02

 
Purpose
All users of the City of Portland's technology systems including employees, contractors, vendors, and other parties, shall have access to rules, procedures and standards related to the proper use, design, testing, implementation, maintenance and replacement of technologies. The purpose of this rule is to ensure that all official technology rules are accurately formulated, formally approved and documented, in a consistent and accessible manner. Rules must also be distributed in a timely manner to ensure compliance with their objectives and to establish proper accountability.
 
This document defines what a technology rule is, explains the standardized rule format, outlines the steps for formulating, approving, issuing and amending technology rules, procedures and standards, and establishes the BTS Administrative Rules repository:
 

 
Administrative Rule Definition
A citywide Bureau of Technology Services Administrative Rule is binding policy and is defined by all of the following criteria:
 
• It has broad application throughout the City of Portland
• It helps ensure compliance with applicable laws and regulations, promotes operational efficiency, enhances the BTS mission, and reduces institutional risk
• It mandates or constrains action
• The subject matter requires Council, or Chief Administrative Officer (CAO) review and approval for rule issuance and major change.
 
Rules shall be approved by the CAO as Council’s designee unless otherwise noted in the City Charter. Prior to the adoption, amendment or repeal of any rule, the Chief Technology Officer (CTO) shall give public notice of the proposed action at least fifteen (15) days prior to the effective date by mailing the notice to each council member, all bureau directors and each labor organization representing City employees. The CAO must approve changes in the actual rule once adopted.

 
Operating Procedures
Any procedural aspect not fundamentally changing the substantive content of an Administrative Rule may be changed at the discretion of the CTO without prior CAO approval.

 
Standards Definition
Standards are rule-making entities that establish a defined, common, measurable baseline and may be applied to hardware, software, methodology and procedures. Standards are defined to minimize complexity, increase efficiency & security, ease technology procurement and replacement, and communicate a shared technology roadmap. Minimum standards provide binding measurable criteria with which to measure compliance with Rules and Procedures.
 
Please see section 6.01 Technology Definitions for descriptions for the terms used throughout these rules.

 
Formulating and Approving Citywide Administrative Rules
Development and/or revision of an administrative services rule are the responsibility of the CAO and directors of the citywide administrative services provider bureaus, or their designees, following these steps:
 
1. A Bureau or Commissioner’s Office notifies BTS of the need for a new or revised rule. The CTO may also independently initiate the new rule development process.
 
2. Develop a problem definition and rule direction statement.
 
3. Note authority for the rule and any existing rules or policies to be replaced.
 
4. Identify key stakeholders.
 
5. Include research of best practices in rule development.
 
6. Draft rule and provide to CAO for review and initial approval.
 
7. Distribute draft rule to identified stakeholders for review and comment. The review period will not be shorter than 15 days.
 
8. Meet with bureaus and other identified stakeholders as needed to receive comments and feedback.
 
9. CAO formally approves the rule and ensures it is disseminated to Council and to all City bureaus.

 
Rulemaking Involvement
The Bureau of Technology Services will make every effort to ensure that key stakeholders and external subject matter experts are involved in the framing, formulation and review of new or revised rules. Key stakeholders may include Commissioners and staff, Bureau Directors, technology professionals, labor representatives, employees, and the City Attorney.

 
Interim Rules
In situations of fiscal or security emergencies, as determined by City Council, the City of Portland CAO may establish procedures or guidelines without seeking such input prior to publication.

 
Administrative Rule Format
Administrative services rules and policies shall be written in the format designated by the Auditor’s Office and indicated by this rule. The rule or policy shall include the following components:
 
1. The creation date
 
2. The date of the most recent update
 
3. Notation of the authority for the rule or policy
 
4. CAO’s initials indicating adoption of the rule or policy

 
Interpretation of a Rule
The Chief Technology Officer maintains authority for the interpretation and application of Technology Services Administrative Rules.

 
Bureau Specific IT Management Work Rules
Bureaus may implement bureau specific technology management work rules to assist in day to day operations. Bureau technology work rules may be more restrictive than citywide rules, but cannot be written to provide more latitude. Bureau specific technology management work rules do not require Council approval but are binding on all employees they cover. All drafts of bureau specific technology management work rules must be forward to the CTO for final approval prior to implementation and also to ensure that BTS has a copy of all bureau specific rules in the rule repository.

 
PortlandPolicy Document Repository
The Auditor shall maintain a copy of all administrative rules and policies in the Portland Policy Documents (PPD) repository. The CAO shall submit an electronic copy of all newly adopted documents to the auditor for inclusion in the PPD within two weeks of implementation.
 

HISTORY
 
Originally published as PPD number ARC-BIT-1.04, authorized by Ordinance No. 177048 passed by Council and effective November 6, 2002.
Re-indexed by Auditor as PPD number ARC-BTS-1.02.
Revised by Ordinance No. 179999 passed by Council March 15, 2006 and effective April 14, 2006.
Revised rule adopted by Chief Administrative Officer of Office of Management and Finance and filed for inclusion in PPD April 17, 2012.