The official face of a measure that would take sewer and water bureaus away from Portland City Council got a hefty dose of Botox today.

After hearing arguments from three attorneys last week, Multnomah County Circuit Court Judge Leslie Roberts this morning released final ballot language for a proposal to put the Portland Water Bureau and Bureau of Environmental Services into the hands of a new elected board.

It’s dull legalese, but Roberts’ changes to the proposed language—crafted months ago by the Portland City Attorney’s Office before being challenged—are substantial, and speak to concerns by both opponents and supporters of the push.

They also make explicit reference to ambiguities in the measure’s verbiage—specifically the notion that voting districts for the seven-member board would be “coextensive” with those for Portland Public Schools board members. That’s a potential problem according to opponents, since PPS boundaries leave out whole swaths of the East Portland. Backers insist the language just provides loose guidelines.

Roberts’ new ballot title scraps the word “coextensive,” which appears several times in the measure, and instead describes zones “approximating Portland Public School zones (area outside Portland Public School District not addressed).”

The judge also scrubbed the descriptor “independent agency” from the ballot, agreeing with a challenger that had too positive a connotation. The language now says the district is “outside City Council or City Auditor supervision.”

And she took out a sentence saying the district “cannot ‘regionalize or privatize'” water or sewer service. Finding those terms either vague or unnecessary. The ballot now says the proposed board could not make watershed regulations “less ‘protective,’ by undefined standard.”

I'm a news reporter for the Mercury. I've spent a lot of the last decade in journalism — covering tragedy and chicanery in the hills of southwest Missouri, politics in Washington, D.C., and other matters...

11 replies on “New Ballot Language for a Proposed Water District Calls Out Its Ambiguities”

  1. Dina, you persistently display a complete misunderstanding of all things legal. A good rule of thumb: if you seem to be one of the few people on earth who doubt something’s legality, the misunderstanding isn’t everyone else’s – it’s yours.

  2. Under the illegitimate 14th Amendment which was never ratified by a proper quorum, we are all under Martial Rule. That’s the only way the rest of the Constitution and the Bill of Rights make no sense.

  3. Want a perfect example of why the Water Bureau needs to be reformed? The bureau’s proposed sale of the Freeman property in a backroom deal to a private developer. Google “Freeman” and “Portland Water Bureau.” They are selling a mostly undeveloped greenspace valued at nearly $500,000 for $140,000 … all in the name of “protecting the ratepayers.” Incredible. What’s worse, our elected commissioners, Novick, Fritz, but Fish in particular, just defend the Water Bureau’s behavior.

  4. Lifelong Learner claims the Freeman property is valued at $500,000. That is more than twice the appraised value. Where did you get this figure? You claim a “backroom” deal. Again–what is your evidence of this? The property was declared surplus by the Council in 2010 and sold to a developer for the asking price. As the new Commissioner in Charge, I inherited this contract. If I break it, we will be sued. Are you asking the Water Bureau to use ratepayer dollars to pay out damages? Nick Fish

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  6. Obviously, this new agency would have unilateral authority to fluoridate the water supply. It’s just a sneaky, underhanded measure to poison the population.

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