POL Government Elected Officials Auditor Mary Hull Caballero Charter, Code and Policies City Code & Charter Online Code & Charter Title 5 Revenue and Finan Chapter 5.34 Public Improvements and Construction Services
5.34.700 Protests and Judicial Review of Individual and Class Exemptions.

(Amended by Ordinance Nos. 183445 and 185898, effective February 20, 2013.)


A.  An Affected Person may protest the City's approval of an individual or Class Exemption.


B.  Method of Protest 


1.  Time:  A Written protest of the City's approval shall be provided to the Chief Procurement Officer not later than seven (7) Days after the approval of the Individual or Class Exemption unless a different time period is provided in the Notice.  The Chief Procurement Officer shall not consider a protest submitted after the timeline established for submitting such protest under this rule or such different time period.


2.    Contents.  The Written protest must include:


a.  Sufficient information to identify the Request that is the subject of the protest;


b.   A detailed statement of all the legal and factual grounds for the protest;


c.  Evidence or supporting documentation that supports the grounds on which the protest is based;


d.  A description of the resulting harm to the Affected Person; and


e.  The relief requested.


C.  Required City Response. The City shall take the following actions, as appropriate:


1.   The City shall inform the Affected Person in Writing if the protest was not timely filed;


2.   The City shall inform the Affected Person if it failed to meet the requirements of Subsection 5.34.700 B.2. and the reasons for that failure;


3.   If the protest was timely filed and provides the information required by Subsection 5.34.700 B.2., the City shall issue a decision in Writing and provide that decision to the Affected Person within seven (7) business days unless a Written determination is made by the City that circumstances exist that require a shorter time limit.


4.   If the City denies the protest, it shall inform the Affected Person if the decision is final or whether the Chief Procurement Officer has decided to refer the protest to the Purchasing Board of Appeals or City Council. 


D.   Optional City Response: In addition to the requirements of Subsection 5.34.700 C., the Chief Procurement Officer may do any of the following:


1.   Agree with the protest and take any corrective action necessary;


2.   Issue a Written response to the protest and provide that decision to the Affected Person;


3.   Refer the protest and any response to the Board of Appeals for decision;


4.   Refer the protest and any response to the City Council for decision; or


5.   Take any other action that is in the best interest of the City while giving full consideration to the merits of the protest.  


E.  Judicial Review.


1.  An Affected Person may not seek judicial review of the City Council’s approval of an Individual or Class Exemption unless it  Files an appeal in accordance with this rule and has exhausted all avenues of appeal provided by the Chief Procurement Officer.


2.  Judicial review is not available if the Request is denied by the City Council, Contract Board of Appeals or is withdrawn by the Chief Procurement Officer.    

Title 5 Revenue and Finan
Chapter 5.01 (Repealed)
Chapter 5.04 Funds
Chapter 5.08 Payment Of Salaries, Wages And Expenses
Chapter 5.09 Deferred Compensation Plan
Chapter 5.10 City Charitable Campaign
Chapter 5.12 Assignment or Garnishment of Salaries, Wages or Claims
Chapter 5.16 Emergency Checks
Chapter 5.20 Budget Procedure
Chapter 5.24 Auditor's Records and Reports
Chapter 5.30 Collections and Foreclosure Process
Chapter 5.31 Collections & Foreclosure Process For Delinquent Sewer Safety Net Liens
Chapter 5.32 (Repealed)
Chapter 5.33 Goods and Services
Chapter 5.34 Public Improvements and Construction Services
Chapter 5.36 Property Control
Chapter 5.40 Demands and Disbursements
Chapter 5.44 (Repealed)
Chapter 5.48 Charges for Services Performed
Chapter 5.50 Collections Section
Chapter 5.52 Petty Cash and Checks
Chapter 5.56 Ambulance Service
Chapter 5.60 Miscellaneous Charges
Chapter 5.64 Miscellaneous Fiscal Provisions
Chapter 5.68 Professional, Technical and Expert Service Contracts
Chapter 5.72 Economic Development Projects
Chapter 5.73 Arts Education and Access Income Tax
Chapter 5.74 Acquisition of Public Art
Chapter 5.75 Claims Under ORS Chapter 195 and 197