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Portland council approves emergency appointments of constables for Portland Housing Authority amid questions about legal basis

2158907 · January 22, 2025
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Summary

The Portland City Council unanimously approved an emergency order amending constable appointments for the Portland Housing Authority after public questions prompted the council to request legal history and a February joint meeting with the Housing Authority board.

The Portland City Council unanimously approved an emergency order amending a prior list of constables for the Portland Housing Authority, a move city staff said corrects omissions and updates the prior roster.

The order, read by the clerk as Order 1232425 and sponsored by City Manager Daniel West, was presented as a technical amendment. "The order that was previously approved with the list of the constables was... incomplete and not up to date, so this amends that. It removes some and adds a few," Corporation Counsel Michael Goldman said.

A member of the public, George Roe of Hanover Street, asked why Portland Housing Authority property managers must be appointed constables by the council when other property managers in the city apparently do not seek council appointments. "Where is the requirement that you have to do this? Is it in their bylaws? Is it in the articles of incorporation that were drawn up, you know, decades ago when the housing authority was created?" Roe asked.

Councilors said the question merited legal review and historical context. Councilor Sykes praised Roe's question and asked Corporation Counsel to "enlighten us as to why this is a particular feature of Portland Housing Authority." Goldman said he would research the issue. Mayor Mark Dion said the city will have a February meeting between the council and the board of the Portland Housing Authority to review the relationship and that the corporation counsel should provide "legal history of that relationship."

Goldman later said he had located a relevant provision in the city code: "...there is a provision that allows the council to appoint constables for... the Portland Housing Authority," and he offered to provide further information at the joint meeting.

Councilors voted to adopt the emergency amendment by hand vote; the clerk announced the vote as unanimous and the mayor noted the emergency required seven affirmative votes. The council did not change policy during the session; several members requested that corporation counsel circulate the legal basis and history in advance of the February joint meeting so the council can review the matter in more depth.

Order 1232425 was described on the agenda as "amending order 1102425 by adding and removing constables for the Portland Housing Authority." The meeting record does not list the specific names added or removed in the city clerk's read-aloud during the public meeting; a member of the public noted the detailed list appears in the backup materials rather than the brief agenda readout.