HHS and Public Safety Committee — Portland, ME
Date: 2025-07-08
Time: 17:30

Remote HHS and Public Safety MEMBERS
Meeting Agenda Councilor Anna Bullett, District 4, Chair
 Councilor April Fournier, At-Large
July 8, 2025 at 5:30 PM
 Councilor Sarah Michniewicz, District 1
Remote Meerting Councilor Wesley Pelletier, District 2



To submit written public comment on an agenda item, email HHSPS@portlandmaine.gov. Submissions must be
received by 12:00 pm the day before the Health & Human Services and Public Safety meeting to guarantee their
inclusion in the agenda packet. All submissions must include the commenter's name and legal address. To help
ensure your comment is submitted for the correct item, please include the name of the agenda item (see below).

The Health & Human Services and Public Safety Committee will conduct this meeting remotely via Zoom
pursuant to the Remote Meeting Policy adopted by the Portland City Council. Allow your computer to install
the free Zoom app to get the best meeting experience. If you are not able to attend live either in person or via
Zoom, a recording will be available in the Agenda Center following the meeting.

You are invited to a Zoom webinar!
When: Jul 8, 2025 05:30 PM Eastern Time (US and Canada)
Topic: Remote HHS and Public Safety Meeting

Join from PC, Mac, iPad, or Android:
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1. Announcements


2. Review and Approval of Minutes from June 10, 2025


 a. Draft Minutes
 Process Update: Emergency Management Plan (Keith Gautreau, Portland EMA Contract
3.
 Employee)


 a. Municipal Emergency Operations Plan
 Staff Update on Opioid Settlement Funds (Maggie McLoughlin, Director of Health &
4.
 Human Services)


 a. Opioid Settlement Funds Update
 Helping Individuals Regain Employment (HIRE) and Portland Opportunity Crew (POC)
5.
 Update (Aaron Geyer, Director of Social Services)


6. Public Safety Update (Police Chief, Mark Dubois)


 a. July 8, 2025 Public Safety Update
7. Next Meeting: September 9, 2025

Remote HHS and Public Safety MEMBERS
Meeting Agenda Councilor Anna Bullett, District 4, Chair
 Councilor April Fournier, At-Large
July 8, 2025 at 5:30 PM
 Councilor Sarah Michniewicz, District 1
Remote Meerting Councilor Wesley Pelletier, District 2



To submit written public comment on an agenda item, email HHSPS@portlandmaine.gov. Submissions must be
received by 12:00 pm the day before the Health & Human Services and Public Safety meeting to guarantee their
inclusion in the agenda packet. All submissions must include the commenter's name and legal address. To help
ensure your comment is submitted for the correct item, please include the name of the agenda item (see below).

The Health & Human Services and Public Safety Committee will conduct this meeting remotely via Zoom
pursuant to the Remote Meeting Policy adopted by the Portland City Council. Allow your computer to install
the free Zoom app to get the best meeting experience. If you are not able to attend live either in person or via
Zoom, a recording will be available in the Agenda Center following the meeting.

You are invited to a Zoom webinar!
When: Jul 8, 2025 05:30 PM Eastern Time (US and Canada)
Topic: Remote HHS and Public Safety Meeting

Join from PC, Mac, iPad, or Android:
https://portlandmaine-gov.zoom.us/j/81401939339?pwd=QEIeujNdEdPCtJ9m5xarHU7dJzfFqI.1
Passcode:082813

Phone one-tap:
+13052241968,,81401939339#,,,,*082813# US
+13092053325,,81401939339#,,,,*082813# US

Join via audio:
+1 305 224 1968 US
+1 309 205 3325 US
+1 312 626 6799 US (Chicago)
+1 646 931 3860 US
+1 929 205 6099 US (New York)
+1 301 715 8592 US (Washington DC)
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+1 253 215 8782 US (Tacoma)
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+1 386 347 5053 US
Webinar ID: 814 0193 9339

 Page 1
Passcode: 082813
International numbers available: https://portlandmaine-gov.zoom.us/u/kc4ocODFDT




1. Announcements


2. Review and Approval of Minutes from June 10, 2025


 a. Draft Minutes
 Process Update: Emergency Management Plan (Keith Gautreau, Portland EMA Contract
3.
 Employee)


 a. Municipal Emergency Operations Plan
 Staff Update on Opioid Settlement Funds (Maggie McLoughlin, Director of Health &
4.
 Human Services)


 a. Opioid Settlement Funds Update
 Helping Individuals Regain Employment (HIRE) and Portland Opportunity Crew (POC)
5.
 Update (Aaron Geyer, Director of Social Services)


6. Public Safety Update (Police Chief, Mark Dubois)


 a. July 8, 2025 Public Safety Update
7. Next Meeting: September 9, 2025




 Page 2
 Health & Human Services and Public Safety Committee

 June 10, 2025, 5:30 PM Remote Meeting

Committee Attendance:
Anna Bullett, Chair (District 4), Sarah Michniewicz (District 1), Wesley Pelletier (District 2).
Councilor Attendance:
Mayor Mark Dion


City Staff:
Adam Harr, Executive Assistant; Dena Libner, Assistant City Manager; Greg Jordan, Assistant
City Manager; Maggie Mcloughlin, Director of Health and Human Services; Chad Johnston, Fire
Chief; Aaron Geyer, Director of Social Services; Mike Murray, Director of Public Works; Troy
Moon, Sustainability Director; Jason Grant, Fire Marshall.
Invited Panelists:
Amy Holland, Statewide Homeless Response System Coordinator; Nakesha Warren, Homeless
Response Hub 2 Coordinator.

1. Announcements
 • None.
2. Review and Approval of Minutes from May 13, 2025
 • Councilor Michniewicz Moved to approve the minutes and seconded by Councilor Pelletier. The
 minutes were approved unanimously 3-0.

3. Discussion Re: Investment in Maintenance and Installation of Street Lights (Mike Murray,
Director of Public Works)
 • In 2017, The City bought the lights infrastructure that had until then been rented and maintained
 from Central Maine Power Company (CMP) for $590,000.
 • Followed by a retrofit with energy conserving lighting.
 o 6,500 street lights at $4 million which was bonded to finance.
 • Maintenance of street lights were formerly tasked to the traffic division as part of their traffic
 signal, cross walk painting, and street/regulatory sign maintenance duties; there were staff with
 electrical backgrounds.
 • Two types of lights:
 o ~4,000 Cobra style lights on many utility poles are higher near power lines.
 o ~2,500 Decorative lights on a standalone pole with no visible wires, as well as a town and
 country lights on wooden posts.
 • Maintenance of outages




 Page 3
 o Cobra head lights are near high voltage wires and require someone with an electrical line
 license such as a CMP worker; no one in the City has this license so an individual is
 contracted maintain Cobra head lights.
 o Staff that have master electrician, journeymen, and helper’s licenses are able to help on
 the decorative lights with one FTE devoted to these lights with another staff who splits
 time between traffic lights and the decorative lights, when time permits.
 o Dashboard from a third party vendor shows outages but must be verified.
 o Citizens through see click fix can report them
 o Decorative lights may work but have an electrical issue supply power that CMP must fix.
 o Point in time survey in the fall taking an inventory by canvasing the city after dark.
  The last PIT found 471 lights were not working (7.2% of all lights)
  274 were decorative.
  Some poles have multiple lights but if a single light on a pole was out, it was
 counted as an outage.
 o Looking to decrease the time lights are out and that outages are equitable with no one
 area experiencing more outages than another.
 o Started replacing streetlight equipment in 2017, reducing street light energy consumption
 by 70%.
  Replaced 6400 lamps.
  $4 million project
  Some decorative lights had issues under warranty.
  Underground electrical is an issue that is CMP’s responsibility.
 o There are opportunities to look at new technologies.
  New tech to communicate with lights exist; currently it is a wireless mesh
 network that were chosen because cellular communication was not adequate at
 the time but has improved significantly at present.
 o We have reduced costs by $1 million per year by owning our lights.
  Ownership makes repair our responsibility.
Committee questions and discussion
 • Mayor Dion had to address outages in his tenure on the Council and understanding who is
 responsible for repair and that there was a lack of licensed staff at both the City and CMP.
 • There are very dark areas that are criminogenic and pose a risk to public safety.
 o A bright place is a safe place; is there capacity to identify dark areas and direct resources
 to illuminate them.?
  We can look at a variety of ways to increase lighting such as adding additional
 fixtures.
 o Can dark corridors be indexed? There are places that are too dark and unsafe; is there a
 way to identify these.
  Audit these areas.
 • Councilor Michniewicz agreed that there appears to be a disparity of some areas and would
 request an analysis of these dark corridors cross referenced with calls for service to measure how
 many calls for service (for crime of falls on walking paths) are increased due to outages.
 • Councilor Michniewicz asked if it would help to have a licensed electrician to replace contracting
 CMP help and what would be needed?
 o The contract relationship is our best option.




 Page 4
 • Vision Zero: DPW’s reporting on the operability of the system to fix outages as quickly as
 possible. Are there areas of the just not lit enough for safety and residents will need to mitigate
 nuisance light to prioritize the safety of the community.
 • Councilor Bullett would like to see what a big investment to get street lights off the grid would
 look like and thanked staff for keeping up with emerging technologies.
 • Fire department staff are knowledgeable about our city streets and related safety issues and are
 excited about Vision Zero.

4. HHS Annual Report (Maggie McLoughlin, HHS Director)
• HHS Annual Report: https://portlandme.portal.civicclerk.com/event/8032/files/attachment/26641
• Housing & Homelessness
 o HSC
  More than 100 people were housed from the HSC.
  67% living with a disability.
 o Family Shelter
  281 people comprising 86 families were sheltered at the family shelter.
  266 individuals comprising 77 families housed.
 o 166 Riverside
  Sheltered 439 clients
  167 individuals housed
 o Resettlement
  Short term case management to 279 families representing 916 individuals.
 o GA
  Adults 18-50
  33 years old on average
  78% of applicants were eligible for assistance.
  67% of clients need support for 3 months with another drop off at six months.
  GA is the last safety net, assisting with housing (rent), food, and medications.
 o Rep Payee
  160 clients
  Managed $2.25 million of clients’ Social Security funds.
• Harm Reduction and Overdose to Action:
 o 30% of people accessing needle exchange are stably housed.
 o Average age of 39.
 o Connected people to services and try to keep people who use substances healthy.
 o Needle exchange helps prevent HIV outbreaks in this and the wider community.
 o People who use the exchange are three times more likely to access recovery options.
 o 235 overdoses were reversed in the community thanks to Narcan training and distribution.
 o Our exchange return ratio is now above 90%
• Disease & Prevention
 o Healthy Eating, Active Learning (HEAL)
  2,799 participants over 114 healthy cooking/budgeting classes.
 o Lead Poisoning & Prevention
  Education to 455 parents and 58 property owners.
 o Tobacco & Substance Use Prevention
  95 classes facilitated in Cumberland County school districts.
  Required annual training to 41 Cannabis establishments.




 Page 5
• Immunization
 o Provided 3,000 vaccines to the community.
• Screening, Prioritization & Urgent Referral (SPUR)
 o 715 unique patients.
• STD Clinic
 o 642 patients
 o 1,380 patient visits
  612 Pre-Exposure Prophylaxis (PrEP) specific visits.
• Community Free Clinic
 o 156 unique patients
 o 511 volunteer hours from 37 healthcare professionals.
• Maternal & Child Health
 o 2,140 Nursing visits
• Health Equity
 o 1,189 clients supported.
• Aging, Older Adults & Disability
 o Barron Center
  100% of population is living with a disability
  81.8% are on Medicaid.
  165 unique residents.
  5 star CMS rating
 o Elder Affairs
  Senior Outreach Nursing Program
 • 500+ served in blood pressure clinics
 • 36 patients had home visits.
  Adult Day Programs
 • 63 clients
 • 20,000+ hours of daytime care.
• Invested in a Communications position.
• Data Learning Collaborative working to update our data tracking and analysis.
Committee questions and discussion
 • Councilor Michniewicz asked what data do we want that we do not have and which programs
 have the highest return on investment?
 o Demographics that we can cross layer on other City data points; investment in technology
 will help tis and support collaboration with ither City programs.
 o Return on investment isn’t applicable between program serve critical needs to their target
 populations/issues.
 • Mayor Dion is concerned about syringe litter by continuous reports of needle waste from
 constituents.
 o He would like an interim report on the buyback program.
 o Some people are experiencing large litter and efforts to curtail are not working in these
 localized areas people report.
  Where is collection happening and can it be expanded to these reported problem
 areas.




 Page 6
 o Data from our assessments and from our community partners on syringe litter to have a
 baseline to compare against for evaluating the impact of our efforts such as the buyback
 program.
  If the Committee wills it, we can give another SSP Redemption pilot project
 which currently has a 92% recovery rate.
 • Councilor Pelletier appreciates the responsiveness of adding community sharps boxes.
 • Councilor Michniewicz asked about the increased number of syringed ns the health outcomes
 preventing HIV and hepatitis outbreaks,
 o We have a new agreement with the Maine CDC on disease surveillance to try and get
 sense of impact, however finding causality between these two datasets is difficulty.
 • Councilor Bullett mentioned LD 1738 is in appropriations which would set up a CDC fund
 supporting municipal syringe recovery efforts and commended the elder services work, and the
 accomplishments of getting buy-in from business for age friendly Portland.
 • Maine Health is tracking social determinants of health.
 • Mayor Dion would like to see coordination between Maine Health and northern light; people are
 getting discharged from health homes who need support but does not rise to the level Medicaid
 would pay for.
 o Outreach nursing is supporting the life support side, but the community and isolation
 needs of our elders.

5. Housing Options for People in Encampments (HOPE) Program Update (Aaron Geyer,
Director of Social Services)

 • In the Fall of 2023, service providers identified the need to bring services to a subset of the
 unhoused community who are averse to staying at the shelter.
 • 85 enrollments
 • 12 shelter placements
 • 45 housing placements during a voucher freeze.
 • 142 days is the average time it takes program participants to obtain housing.
 • Gathering documentation and filling to applications takes time
 • HOPE navigators meet weekly for collaboration and find solutions targeted to the individual
 people the program serves. Each person is engaged with a plan specific and nuanced to each
 person and their unique circumstances.
 • HOPE has housed 5 of the original 2023 by name list crated in the ECRT.
The HSC was just inspected and is in full compliance with its management plan.

6. Sprinkler Requirement for Single Family Homes (Chad Johnston, Fire Chief)
 • Used to average 1 -2 residential fire deaths outside of a single outlier: the 2014 Noyes Street fire
 • There is a huge delta on the costs to install, ranging 1 to 7 dollars per square foot, makes
 estimating costs difficult.
 • There are two levels of licenses for 1 and two family homes; it is fairly easy to achieve through
 one to two hours of instruction to get certified with the State. Plumbers are able to attain this
 without much difficulty.
 • Trying to hide piping in existing buildings versus new construction is part of the wide price
 range.




 Page 7
 • It is advised to get multiple quotes.
 • Fire spread beyond the room of origin is reduced by 94% in a sprinkled building.
 • Fire Deaths in sprinkled residential units are only 1% of fire deaths in residences.
Committee questions and discussion
 • Are there any incentives to help with the costs of sprinkling residences such as low interest loans?
 o Some insurance companies offer discounts to sprinkled buildings.
 • Councilor Michniewicz asked what the cost is to sprinkle: how much is development being
 suppressed due to cost and how many renovations triggered the 50% rule and how many were
 ADU related?
 • How many units could be created if we aligned with the states more flexible code.
 • Councilor Michniewicz discussed hard wired alarms as a requirement that could ease the
 percentage requirement on sprinkling?
 o Hard wired smoke detectors have been required for ten years.
 o These can be and still are tampered with and add to preventable deaths.


7. Next Meeting: July 8, 2025

Councilor Pelletier moved to adjourn, Councilor Michniewicz seconded; the motion passed 3-0 and the
meeting adjourned at approximately 7:33 PM.




 Page 8
 Project Timeline
 Revised May 1, 2025




 Form a Collaborative Planning Team Determine Goals & Objectives

 Identify Team and engage the whole Determine Operational Priorities.
 community in planning process Set Goals & Objectives.


 May June/July
 Step/Phase 2 Step/Phase 4


  January May/June
Step/Phase 1 Understand the Situation Plan Development

 Identify Threats & Hazards.
 Step/Phase 3 Develop and Analyze Course of Action.
 Assess Risks Identify Resources.
 Identify Information & Intelligence needs.




 Page 9
 Project Timeline Cont.
 Revised May 1, 2025



 Plan Preparation, Approval & Review Plan Implementation & Maintenance

 Write the Plan. Exercise the Plan.
 Review the Plan. Review, Revise and Maintain the Plan
 Approve and Disseminate the Plan

 August September
 Step/Phase 5 Cont. Step/Phase 6 Cont.


 July August
Step/Phase 5 Plan Preparation, Approval & Review Step/Phase 6 Table Top or Full Scale Exercise

 Write the Plan. Conduct a Table Top or Full Scale Exercise to
 Review the Plan. validate the capabilities and resources of the
 Approve and Disseminate the Plan Plan.
 Conduct After Action Report for Revisions to
 the Plan.




 Page 10
 MRS Title 37-B, §783. DISASTER EMERGENCY PLAN




 §783. Disaster emergency plan
 Each municipality, county and regional emergency management agency shall prepare and keep a
 current disaster emergency plan for the area subject to its jurisdiction. The plan must be approved by
 the jurisdiction's governing body. The plan must follow the risk assessment and planning guidance
 provided by the director under section 704, subsection 10 and address the hazards and threats that pose
 the greatest risk to the jurisdiction and the capabilities and actions needed to respond to and recover
 from disasters. [PL 2013, c. 146, §14 (AMD).]
 1. Identification of disasters.
 [PL 2013, c. 146, §14 (RP).]
 2. Action to minimize damage.
 [PL 2013, c. 146, §14 (RP).]
 3. Personnel, equipment and supplies.
 [PL 2013, c. 146, §14 (RP).]
 4. Recommendations.
 [PL 2013, c. 146, §14 (RP).]
 5. Other.
 [PL 2013, c. 146, §14 (RP).]
 Each municipal, county and regional emergency management agency, as part of the development
 of a disaster emergency plan for the area subject to its jurisdiction, shall consult as it considers
 appropriate with institutions, organizations and businesses within its jurisdiction to ensure that the
 disaster plans developed by the municipality or agency and those institutions, organizations and
 businesses are compatible. Institutions, organizations and businesses with which the municipality or
 agency may consult include, but are not limited to, hospitals, schools, health care facilities, group
 homes, joint use entities as defined in Title 35‑A, section 711, subsection 7, paragraph B and day care
 centers. [PL 2021, c. 154, §2 (AMD).]
 SECTION HISTORY
 PL 1983, c. 460, §3 (NEW). PL 1987, c. 370, §§17,18 (AMD). PL 2001, c. 614, §§15,16 (AMD).
 PL 2001, c. 662, §§84,85 (AMD). PL 2003, c. 404, §10 (AMD). PL 2003, c. 510, §A36 (AMD).
 PL 2013, c. 146, §14 (AMD). PL 2021, c. 154, §2 (AMD).

The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include
the following disclaimer in your publication:
All copyrights and other rights to statutory text are reserved by the State of Maine. The text included in this publication reflects
changes made through the Second Regular Session of the 131st Maine Legislature and is current through January 1, 2025. The
text is subject to change without notice. It is a version that has not been officially certified by the Secretary of State. Refer to the
Maine Revised Statutes Annotated and supplements for certified text.
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public. If you need legal assistance, please contact a qualified attorney.




Generated
01.07.2025 §783. Disaster emergency plan | 1
 Page 11
‭ARTICLE VIII. EMERGENCY PREPAREDNESS‬



Sec. 2‑401. Purpose.‬
‭

It‬ ‭
‭ is‬ ‭
 the‬‭intent‬‭and‬‭purpose‬‭ of‬‭
 this‬‭ article‬‭to‬‭establish‬‭ a‬‭bureau‬‭
 of‬
emergency‬ ‭
‭ preparedness‬ ‭  in‬ ‭
 compliance‬ ‭  and‬ ‭in‬ ‭conformity‬ ‭ with‬ ‭
 the‬
provisions‬ ‭
‭ of‬‭
 Title‬‭ 37‑B,‬‭
 M.R.S.A.,‬‭  Section‬‭781‬‭
 et‬‭ seq.,‬‭to‬‭ensure‬‭
 the‬
complete‬ ‭
‭ and‬ ‭efficient‬ ‭ utilization‬ ‭  of‬ ‭the‬ ‭
 city's‬ ‭ facilities‬ ‭and‬
resources‬ ‭
‭ to‬ ‭
 prevent,‬ ‭prepare‬ ‭and‬ ‭
 respond‬ ‭to‬‭
 all‬‭ hazards,‬‭ natural‬‭
 and‬
manmade,‬ ‭
‭ that‬ ‭may‬ ‭
 occur‬ ‭
 in‬ ‭
 the‬ ‭
 City‬ ‭of‬ ‭
 Portland‬ ‭ and‬ ‭
 the‬ s
 ‭urrounding‬
region.‬
‭

‭(Ord. No. 377‑90, 6‑6‑90; Ord. No. 293-04/05, 6-20-05)‬




Sec. 2‑402. Definitions.‬
‭



The‬ ‭
‭ following‬ ‭
 definitions‬ ‭
 shall‬ ‭
 apply‬ ‭
 in‬ ‭
 the‬ ‭
 interpretation‬ o
 ‭f‬ ‭
 this‬
article:‬
‭



Bureau.‬ ‭
‭ "Bureau"‬ ‭
 shall‬ ‭
 mean‬ ‭
 the‬ ‭
 bureau‬ ‭
 of‬ ‭
 emergency‬ ‭
 preparedness‬ ‭
 as‬
established by this article.‬
‭



Disaster.‬ ‭
‭ "Disaster"‬ ‭ means‬ ‭
 the‬ ‭occurrence‬ ‭or‬ ‭imminent‬ ‭threat‬ ‭of‬
widespread‬ ‭
‭ or‬ ‭severe‬ ‭
 damage,‬ ‭injury‬ ‭
 or‬ ‭
 loss‬ ‭of‬ ‭
 life‬ ‭or‬ p
 ‭roperty‬
resulting‬‭
‭ from‬‭any‬‭natural‬‭
 or‬‭
 man‑made‬‭cause‬‭including,‬‭but‬‭not‬‭limited‬
to,‬ ‭
‭ fire,‬ ‭
 flood,‬ ‭earthquake,‬ ‭
 wind,‬ ‭
 storm,‬ ‭
 wave‬ ‭
 action,‬ o
 ‭il‬ ‭spill‬ ‭
 or‬
other‬ ‭
‭ water‬ ‭contamination‬ r
 ‭equiring‬ ‭
 emergency‬ ‭action‬ ‭
 to‬ a
 ‭vert‬ ‭danger‬
or‬ ‭
‭ damage,‬ ‭epidemic,‬ ‭
 air‬ ‭
 contamination,‬ ‭critical‬ ‭material‬ ‭shortage,‬
infestation, explosion or riot.‬
‭



Emergency‬ ‭
‭ preparedness.‬‭
 "emergency‬‭preparedness"‬‭means‬‭
 the‬‭
 preparation‬
for‬ ‭
‭ and‬ ‭
 the‬ ‭
 carrying‬ ‭
 out‬ ‭
 of‬ ‭
 all‬ ‭
 emergency‬ ‭
 functions,‬ o
 ‭ther‬ ‭
 than‬




 Page 12
functions‬ ‭
‭ for‬ ‭which‬ ‭
 military‬ ‭ forces‬ ‭
 are‬ ‭primarily‬ ‭ responsible,‬ ‭  to‬
minimize‬ ‭
‭ and‬ ‭repair‬ ‭injury‬ ‭and‬ ‭
 damage‬ ‭resulting‬ ‭ from‬ ‭disasters‬ ‭ or‬
catastrophes‬ ‭
‭ caused‬ ‭by‬ ‭
 enemy‬ ‭attacks,‬ ‭
 sabotage,‬ ‭riots,‬ ‭ terrorism‬ ‭ or‬
other‬ ‭
‭ hostile‬ ‭
 action,‬ ‭or‬ ‭
 by‬ ‭
 fire,‬ ‭
 flood,‬ ‭
 earthquake‬ ‭ or‬ ‭
 other‬ ‭
 natural‬
or‬ ‭
‭ man‑made‬ ‭causes.‬ ‭ These‬ ‭functions‬ ‭include,‬ ‭ without‬ l  ‭imitation,‬
firefighting,‬ ‭
‭ police,‬ ‭medical‬ ‭and‬ ‭
 health,‬ ‭
 emergency‬ ‭ welfare,‬ ‭rescue,‬
engineering,‬ ‭
‭ and‬ ‭
 communications‬ ‭ services;‬ ‭evacuation‬ ‭ of‬ p
 ‭ersons‬ ‭
 from‬
stricken‬ ‭
‭ areas;‬ ‭ allocation‬ ‭of‬ ‭critical‬ ‭materials‬ ‭ in‬ ‭
 short‬ ‭supply;‬
emergency‬ ‭
‭ transportation;‬ ‭  other‬ ‭ activities‬ ‭ related‬ t  ‭o‬ c‭ivilian‬
protection‬ ‭
‭ and‬ ‭
 other‬ ‭
 activities‬ ‭necessary‬ ‭to‬ ‭
 the‬ ‭
 preparation‬ f ‭or‬ ‭
 the‬
carrying out of these functions.‬
‭



Emergency‬ ‭
‭ Preparedness‬ ‭
 Forces.‬ ‭
 "Emergency‬ ‭
 preparedness‬ ‭ forces"‬ ‭
 shall‬
mean‬ ‭
‭ the‬ ‭
 employees,‬ ‭
 equipment‬ ‭
 and‬ ‭
 facilities‬ ‭
 of‬ ‭
 all‬‭city‬‭
 departments,‬
boards,‬ ‭
‭ institutions‬ ‭ and‬ ‭
 commissions;‬ ‭and‬ ‭in‬ ‭addition,‬ ‭it‬ ‭
 shall‬
include‬‭
‭ all‬‭ volunteer‬‭
 persons,‬‭equipment‬‭
 and‬‭facilities‬‭ contributed‬‭by‬
or obtained from volunteer persons or agencies.‬
‭



Fire Chief.‬‭
‭ "Fire Chief" means the Fire Chief of the‬‭
 City of Portland.‬

‭(Ord. No. 377‑90, 6‑6‑90; Ord. No. 293-04/05, 6-20-05)‬




Sec. 2‑403. Organization.‬
‭



(a)‬
‭ The‬ ‭
 ‭ City‬ ‭Manager‬ ‭
 shall‬ ‭
 be‬ ‭
 responsible‬ ‭for‬ t
 ‭he‬ ‭bureau's‬
organization,‬ ‭
‭ administration‬ ‭
 and‬ ‭
 operation.‬ ‭
 The‬ ‭
 City‬ M‭anager‬ ‭
 may‬
employ‬ ‭
‭ such‬ ‭
 permanent‬ ‭
 or‬ ‭
 temporary‬ ‭
 employees‬ ‭
 as‬ ‭
 he‬ ‭
 or‬ ‭
 she‬ ‭
 deems‬
necessary and prescribe their duties.‬
‭



(b)‬
‭ The‬ ‭
 ‭ City‬ ‭Council‬ ‭shall‬ ‭review‬ ‭the‬ ‭ existing‬ ‭operational‬
organization‬ ‭
‭ to‬ ‭
 ascertain‬ ‭the‬ ‭
 bureau's‬ ‭ability‬ ‭ to‬ ‭
 cope‬ ‭
 with‬ ‭
 its‬
responsibilities‬ ‭
‭ and‬ ‭
 shall‬ ‭
 approve‬ ‭
 the‬ ‭
 city's‬ ‭
 emergency‬ ‭preparedness‬
plan.‬
‭

‭(Ord. No. 377‑90, 6‑6‑90; Ord. 98-15/16, 11-16-2015)‬




 Page 13
Sec.‬ ‭
‭ 2‑404.‬ ‭
 Appointment‬ of‬
 ‭ Director‬
 ‭ of‬
 ‭ Bureau;‬
 ‭ duties‬
 ‭ and‬
 ‭
responsibilities‬
‭

The‬ ‭
‭ City‬ ‭
 Manager‬ ‭
 or‬ ‭
 his‬ ‭
 or‬ ‭
 her‬ ‭
 designee‬ ‭
 shall‬ ‭
 be‬ ‭
 the‬ ‭
 Director‬‭of‬‭ the‬
Bureau,‬ ‭
‭ and‬ ‭
 shall‬ ‭coordinate‬ ‭the‬ ‭
 activities‬ ‭
 of‬ ‭all‬ ‭
 city‬ ‭
 departments,‬
organizations‬ ‭
‭ and‬ ‭
 agencies‬ ‭
 for‬ ‭emergency‬ ‭
 preparedness‬ ‭ within‬ ‭
 the‬ ‭
 city‬
and‬ ‭
‭ maintain‬ ‭a‬ ‭
 liaison‬ ‭with‬ ‭other‬ ‭
 emergency‬ ‭preparedness‬ a ‭gencies,‬
public safety agencies, and have such additional duties as necessary.‬
‭

‭(Ord. No. 377‑90, 6‑6‑90; Ord. No. 293-04/05, 6-20-05; Ord. 98-15/16, 11-16-2015)‬




Sec. 2‑405. Rules and regulations.‬
‭



The‬ ‭
‭ Director‬ ‭
 of‬ ‭
 the‬ ‭
 Bureau‬ ‭shall‬ ‭
 prepare‬ ‭
 such‬ ‭policies‬ ‭
 as‬ ‭
 may‬ ‭
 be‬
deemed‬ ‭
‭ necessary‬ ‭
 for‬ ‭
 the‬ ‭
 administration‬ ‭and‬ ‭
 operational‬ ‭
 requirements‬
of‬ ‭
‭ the‬ ‭
 bureau,‬ ‭
 which‬ ‭
 policies‬ ‭must‬ ‭
 be‬ ‭
 approved‬ ‭
 by‬ ‭
 the‬ ‭
 City‬ ‭
 Council‬
prior to becoming effective.‬
‭

‭(Ord. No. 377‑90, 6‑6‑90; Ord. No. 293-04/05, 6-20-05; Ord. 98-15/16, 11-16-2015)‬




‭
Sec. 2‑406. Emergency proclamation.‬



(a)‬
‭ The‬ ‭
 ‭ City‬ ‭
 Manager‬ ‭ shall‬ ‭have‬ ‭the‬ ‭
 power‬ ‭and‬ ‭
 authority,‬ ‭ after‬
consultation‬ ‭
‭ with‬ ‭
 the‬ ‭Mayor,‬ ‭or‬ ‭
 City‬ ‭Council‬ ‭
 members‬ ‭ in‬ t
 ‭he‬ M
 ‭ayor’s‬
absence,‬ ‭
‭ to‬ ‭
 issue‬ ‭
 a‬ ‭
 proclamation‬ ‭  that‬ ‭
 an‬ ‭
 emergency‬ ‭
 exists‬ ‭  whenever‬ ‭a‬
disaster‬ ‭
‭ or‬ ‭civil‬ ‭ emergency‬ ‭  exists‬ ‭ or‬ ‭appears‬ ‭  imminent.‬ ‭  The‬
proclamation‬ ‭
‭ may‬ ‭
 declare‬ ‭ that‬ ‭an‬ ‭emergency‬ ‭exists‬ ‭ in‬ ‭any‬ o‭r‬ ‭all‬
sections‬ ‭
‭ of‬ ‭
 the‬ ‭
 city.‬ ‭If‬ ‭
 the‬ ‭
 City‬ ‭
 Manager‬ ‭is‬ ‭
 temporarily‬ a ‭bsent‬ ‭from‬
the‬ ‭
‭ City‬ ‭or‬ ‭
 otherwise‬ ‭ unavailable,‬ ‭ the‬ ‭Assistant‬ ‭City‬ M‭anager‬ ‭  may‬
issue‬ ‭
‭ the‬ ‭
 proclamation‬ ‭ that‬ ‭
 an‬ ‭
 emergency‬ ‭ exists.‬ ‭
 If‬ ‭
 neither‬ t ‭he‬ ‭
 City‬
Manager‬ ‭
‭ nor‬ ‭the‬ ‭
 Assistant‬ ‭  City‬ ‭Manager‬ ‭ are‬ ‭available,‬ ‭  then‬ ‭ the‬




 Page 14
following‬ ‭
‭ persons‬ ‭ shall‬ ‭have‬ ‭
 the‬ ‭power‬ ‭
 and‬ ‭
 authority‬ ‭to‬ i‭ssue‬ ‭a‬
proclamation‬ ‭
‭ that‬ ‭an‬ ‭emergency‬ ‭exists,‬ ‭
 in‬ ‭
 the‬ ‭following‬ o‭rder‬ ‭
 of‬
succession:‬ ‭
‭ the‬ ‭Fire‬ ‭
 Chief;‬ ‭
 if‬ ‭
 unavailable,‬ ‭the‬ ‭
 Chief‬ ‭
 of‬ P
 ‭olice;‬ ‭
 if‬
unavailable,‬‭
‭ the‬‭Director‬‭ of‬‭
 Public‬‭Works.‬‭A‬‭
 copy‬‭of‬‭
 such‬‭proclamation‬
shall‬‭
‭ be‬‭
 filed‬‭ within‬‭twenty‑four‬‭(24)‬‭hours‬‭in‬‭
 the‬‭office‬‭of‬‭the‬‭
 City‬
Clerk.‬
‭

(b)‬ ‭
‭ Notwithstanding‬‭  the‬‭above,‬‭when‬‭
 consultation‬‭
 with‬‭
 the‬‭Mayor‬‭
 would‬
result‬ ‭
‭ in‬ ‭
 a‬ ‭
 substantial‬ ‭
 delay‬ ‭
 in‬ ‭
 an‬‭
 effective‬‭
 response‬‭
 in‬‭alleviating‬
or‬‭
‭  preventing‬‭  an‬‭
 emergency‬‭or‬‭
 disaster,‬‭the‬‭
 City‬‭
 Manager‬‭is‬‭
 authorized‬
to‬‭
‭  take‬‭whatever‬‭ actions‬‭are‬‭
 necessary‬‭to‬‭
 prevent‬‭
 the‬‭
 loss‬‭of‬‭
 life‬‭
 and‬
property in the City.‬
‭

(c)‬
‭ The‬ ‭
 ‭ City‬ ‭Manager‬ ‭as‬ ‭the‬ ‭Director‬ ‭of‬ ‭
 the‬ ‭
 Bureau‬ s‭hall‬ ‭ be‬
responsible‬ ‭
‭ for‬ ‭
 submitting‬ ‭a‬ ‭
 full‬ ‭
 report‬ ‭
 to‬ ‭
 the‬ ‭
 City‬ ‭
 Council‬ o
 ‭f‬ ‭
 all‬
actions‬ ‭
‭ taken‬ ‭
 as‬ ‭
 a‬ ‭
 result‬ ‭
 of‬ ‭the‬ ‭
 declared‬ ‭
 emergency‬ ‭
 as‬ s
 ‭oon‬ ‭
 as‬ ‭
 the‬
City Council can be convened.‬
‭

 ‭(Ord. No. 377‑90, 6‑6‑90; Ord. No. 293-04/05, 6-20-05; Ord. 98-15/16, 11-16-2015; Ord. No.‬
‭54-18/19, 9-5-2018)‬




Sec. 2‑407. Termination of emergency.‬
‭



(a)‬ ‭
‭ When‬ ‭
 the‬ ‭
 City‬ ‭Manager‬ ‭
 is‬ ‭
 satisfied‬ ‭that‬ ‭a‬ ‭
 disaster‬ o ‭r‬ ‭
 civil‬
emergency‬ ‭
‭ no‬ ‭
 longer‬ ‭exists,‬ ‭
 he‬ ‭
 or‬ ‭
 she‬ ‭
 shall‬ ‭
 terminate‬ ‭ the‬ ‭
 emergency‬
proclamation‬ ‭
‭ by‬ ‭another‬ ‭
 proclamation‬ ‭affecting‬ ‭ the‬ ‭
 sections‬ ‭ of‬ ‭the‬
city‬ ‭
‭ covered‬ ‭
 by‬ ‭
 the‬ ‭
 original‬ ‭
 proclamation,‬ ‭ or‬ ‭
 any‬ ‭
 part‬ ‭
 thereof.‬ ‭ Said‬
termination‬ ‭
‭ of‬ ‭
 emergency‬ ‭shall‬ ‭
 be‬ ‭
 filed‬ ‭in‬ ‭
 the‬ ‭
 office‬ o ‭f‬ ‭
 the‬ ‭City‬
Clerk.‬
‭



(b)‬ ‭
‭ No‬‭
 state‬‭
 of‬‭
 emergency‬‭
 may‬‭
 continue‬‭
 for‬‭
 longer‬‭
 than‬‭
 five‬‭
 (5)‬‭
 days‬
unless renewed by the City Council.‬
‭

‭(Ord. No. 377‑90, 6‑6‑90; Ord. No. 293-04/05, 6-20-05; Ord. 98-15/16, 11-16-2015)‬




 Page 15
Sec. 2‑408. City Manager's duties and emergency powers.‬
‭



 ‭(a) During any period when an emergency or disaster exists or appears imminent, the City‬
‭Manager may promulgate such regulations as he or she deems necessary, and consistent with‬
 ‭the purposes of this article, to protect life and property and to preserve critical resources. Such‬
  ‭regulations may include, but are not limited to, the following:‬



 (1)‬ ‭
 ‭ Regulations‬‭
 prohibiting‬‭
 or‬‭restricting‬‭
 the‬‭
 movement‬‭
 of‬
 vehicles in areas within or without the city;‬
 ‭



 (2)‬ ‭
 ‭ Regulations‬‭
 facilitating‬‭
 or‬‭
 restricting‬‭
 the‬‭
 movement‬‭
 of‬
 persons within the city;‬
 ‭



 (3)‬ ‭
 ‭ Regulations‬‭
 pertaining‬‭
 to‬‭the‬‭
 movement‬‭
 of‬‭
 persons‬‭
 from‬
 hazardous areas within the city;‬
 ‭



 (4)‬ ‭
 ‭ Such‬ ‭
 other‬ ‭
 regulations‬ ‭
 necessary‬ ‭
 to‬ ‭
 preserve‬ p
 ‭ublic‬
 peace, health and safety.‬
 ‭



Nothing‬ ‭
‭ in‬ ‭
 this‬ ‭
 section‬ ‭
 shall‬ ‭
 be‬ ‭
 construed‬ ‭
 to‬ ‭
 limit‬ ‭
 the‬ a
 ‭uthority‬ ‭
 or‬
responsibility‬‭
‭ of‬‭ any‬‭
 department‬‭to‬‭proceed‬‭
 under‬‭ powers‬‭and‬‭
 authority‬
granted‬‭
‭ to‬‭them‬‭by‬‭state‬‭
 statute,‬‭ city‬‭
 ordinance‬‭ or‬‭
 the‬‭charter‬‭
 of‬‭
 the‬
city.‬
‭



(b)‬ ‭
‭ The‬‭
 City‬‭
 Manager‬‭
 or‬‭
 his‬‭
 or‬‭
 her‬‭
 designee‬‭
 may‬‭
 order‬‭
 the‬‭
 evacuation‬
of persons from hazardous areas within the city.‬
‭



(c)‬ ‭
‭ The‬‭
 City‬‭Manager‬‭shall‬‭be‬‭
 authorized‬‭
 to‬‭
 request‬‭aid‬‭or‬‭
 assistance‬
from‬ ‭
‭ the‬ ‭
 state‬ ‭
 or‬ ‭
 any‬ ‭
 political‬ ‭
 subdivision‬ ‭
 of‬ ‭
 the‬ ‭
 state‬ a
 ‭nd‬ ‭
 shall‬
render‬‭
‭ assistance‬‭to‬‭other‬‭
 political‬‭subdivisions‬‭under‬‭the‬‭
 provisions‬
of Title 37‑B, M.R.S.‬
‭




 Page 16
(d)‬ ‭
‭ The‬ ‭
 City‬ ‭
 Manager‬ ‭
 may‬ ‭
 obtain‬ ‭
 vital‬ ‭
 supplies,‬ ‭
 equipment‬ ‭
 and‬ ‭
 other‬
items‬ ‭
‭ found‬ ‭
 lacking‬ ‭
 and‬ ‭
 needed‬ ‭
 for‬‭the‬‭
 protection‬‭of‬‭
 health,‬‭ life‬‭
 and‬
property.‬
‭



(e)‬ ‭
‭ The‬ ‭
 provisions‬ ‭
 of‬ ‭
 this‬ ‭
 section‬ ‭
 will‬ ‭
 terminate‬ ‭
 at‬ ‭
 the‬ ‭
 end‬‭
 of‬‭
 the‬
declared emergency.‬
‭

‭(Ord. No. 377‑90, 6‑6‑90; Ord. No. 293-04/05, 6-20-05; Ord. 98-15/16, 11-16-2015)‬




Sec. 2‑409. Emergency operational plans.‬
‭



The‬‭
‭ Director‬‭ of‬‭the‬‭
 Bureau‬‭
 shall‬‭ prepare‬‭an‬‭emergency‬‭operational‬‭ plan‬
for‬ ‭
‭ the‬ ‭
 city,‬ ‭ which‬ ‭
 shall‬ ‭
 be‬ ‭submitted‬ ‭ to‬ ‭
 the‬ ‭
 City‬ ‭Council‬ ‭for‬
approval.‬ ‭
‭ The‬ ‭
 emergency‬ ‭
 plan‬ ‭shall‬ ‭
 reflect‬ ‭the‬ ‭
 use‬ ‭
 of‬ ‭
 the‬ ‭
 National‬
Incident‬ ‭
‭ Management‬ ‭System‬ ‭
 (NIMS)‬ ‭as‬ ‭
 its‬ ‭
 primary‬ ‭
 command‬ a‭nd‬ ‭
 control‬
system for all city, county, state and federal agencies.‬
‭

It‬ ‭
‭ shall‬ ‭ be‬ ‭
 the‬ ‭responsibility‬ ‭ of‬ ‭all‬ ‭
 municipal‬ ‭departments‬ ‭ and‬
agencies‬ ‭
‭ to‬ ‭perform‬ ‭the‬ f‭unctions‬ ‭  assigned‬ ‭and‬ ‭
 to‬ ‭maintain‬ ‭
 their‬
portions‬ ‭
‭ of‬ ‭the‬ ‭
 plan‬ ‭
 in‬ ‭
 a‬ ‭
 current‬ ‭ state‬ ‭
 of‬ ‭
 readiness.‬ ‭The‬ ‭
 city‬ ‭
 plan‬
shall‬‭
‭ be‬‭
 reviewed‬‭  periodically‬‭  by‬‭
 the‬‭ City‬‭Manager‬‭
 in‬‭conjunction‬‭ with‬
all‬ ‭
‭ city‬ ‭
 department‬ ‭heads‬ b‭y‬ ‭
 his‬ ‭
 or‬ ‭
 her‬ ‭
 authority‬ ‭as‬ ‭
 the‬ D
 ‭irector‬ ‭
 of‬
the Bureau.‬
‭

‭(Ord. No. 377‑90, 6‑6‑90; Ord. No. 293-04/05, 6-20-05; Ord. 98-15/16, 11-16-2015)‬




Sec. 2‑410. Immunity from liability.‬
‭



All‬ ‭
‭ members‬ ‭of‬ ‭
 emergency‬ ‭preparedness‬ ‭ forces,‬ ‭while‬ e‭ngaged‬ ‭in‬
emergency‬ ‭
‭ preparedness‬ ‭
 activities,‬ ‭
 shall‬ ‭
 be‬ ‭
 immune‬ ‭
 from‬ ‭
 liability,‬ ‭
 as‬
set forth in Title 37‑B, Section M.R.S. § 822.‬
‭




 Page 17
‭(Ord. No. 377‑90, 6‑6‑90; Ord. No. 293-04/05, 6-20-05; Ord. 98-15/16, 11-16-2015)‬




Sec. 2‑411. Compensation for injuries.‬
‭



All‬ ‭
‭ members‬ ‭
 of‬ ‭emergency‬ ‭
 preparedness‬ ‭ forces‬ ‭
 shall‬ ‭be‬ ‭
 deemed‬ ‭
 to‬ ‭
 be‬
employees‬ ‭
‭ of‬ ‭
 the‬ ‭
 state‬ ‭
 when‬ ‭
 engaged‬ ‭
 in‬ ‭
 training‬ ‭
 or‬ ‭
 on‬ ‭
 duty‬ ‭
 and‬ ‭
 shall‬
have‬ ‭
‭ all‬ ‭
 of‬ ‭the‬ ‭
 rights‬ ‭of‬ ‭state‬ ‭employees‬ ‭under‬ ‭ the‬ ‭
 Workmen's‬
Compensation Act, as set forth in Title 37‑B,M.R.S. § 823.‬
‭

‭(Ord. No. 377‑90, 6‑6‑90; Ord. No. 293-04/05, 6-20-05; Ord. 98-15/16, 11-16-2015)‬




Sec. 2‑412. Violation of regulations.‬
‭



It‬ ‭
‭ shall‬ ‭be‬ ‭
 unlawful‬‭for‬‭
 any‬‭
 person‬‭ to‬‭
 violate‬‭any‬‭provisions‬‭ of‬‭this‬
article‬ ‭
‭ or‬ ‭of‬ ‭
 the‬ ‭regulations‬ ‭or‬ ‭plans‬ ‭issued‬ ‭ pursuant‬ t‭o‬ ‭the‬
authority‬‭
‭ contained‬‭herein,‬‭
 or‬‭to‬‭
 obstruct,‬‭ hinder‬‭or‬‭ delay‬‭
 any‬‭member‬
of‬ ‭
‭ the‬ ‭
 emergency‬ ‭ preparedness‬ ‭
 organization‬ ‭ as‬ ‭
 herein‬ ‭defined‬ i‭n‬ ‭
 the‬
enforcement‬ ‭
‭ of‬ ‭
 the‬ ‭
 provisions‬ ‭of‬ ‭
 this‬ ‭
 article‬ ‭or‬ ‭
 any‬ ‭regulation‬ ‭ or‬
plan issued thereunder.‬
‭

‭(Ord. No. 377‑90, 6‑6‑90; Ord. No. 293-04/05, 6-20-05)‬




Sec. 2‑413. Penalty.‬
‭



Any‬ ‭
‭ person,‬ ‭firm‬ ‭
 or‬ ‭
 corporation‬ ‭ violating‬ ‭
 any‬ ‭
 provision‬ o‭f‬ ‭
 this‬
article‬ ‭
‭ or‬ ‭any‬ ‭
 rule‬ ‭or‬ ‭regulation‬ ‭promulgated‬ ‭thereunder,‬ ‭upon‬
conviction‬ ‭
‭ thereof,‬ ‭
 shall‬ ‭
 be‬ ‭
 punished‬‭
 by‬‭
 a‬‭fine‬‭
 of‬‭
 not‬‭more‬‭
 than‬‭five‬
hundred dollars ($500.00) and the costs of prosecution.‬
‭




 Page 18
(Ord. No. 377‑90, 6‑6‑90)‬
‭




Sec. 2‑414. Severability.‬
‭



Should‬ ‭
‭ any‬ ‭provision‬ ‭of‬ ‭
 this‬ ‭
 article‬ ‭  be‬ ‭
 declared‬ ‭invalid‬ ‭
 for‬ ‭
 any‬
reason,‬ ‭
‭ such‬ ‭
 declaration‬ ‭ shall‬ ‭not‬ ‭ affect‬ ‭the‬ ‭
 validity‬ ‭of‬ ‭
 other‬
provisions,‬ ‭
‭ or‬ ‭
 of‬ ‭
 this‬ ‭
 article‬ ‭
 as‬ ‭
 a‬ ‭
 whole,‬ ‭it‬ ‭
 being‬ ‭
 the‬ l
 ‭egislative‬
intent‬ ‭
‭ that‬ ‭the‬ ‭
 provisions‬ ‭of‬ ‭
 this‬ ‭article‬ ‭shall‬ ‭be‬ ‭
 severable‬ ‭
 and‬
remain valid notwithstanding such declaration.‬
‭

‭(Ord. No. 377‑90, 6‑6‑90)‬




 2‑415.‬ ‭
Sec.‬ ‭
‭ Conflicting‬ ‭
 ordinances,‬ ‭
 orders,‬ ‭
 rules‬ ‭
 and‬ ‭
 regulations‬
suspended.‬
‭



At‬ ‭
‭ all‬ ‭
 times‬ ‭when‬ ‭the‬ ‭
 orders,‬ ‭rules‬ ‭and‬ ‭regulations‬ ‭ made‬ ‭
 and‬
promulgated‬ ‭
‭ pursuant‬ ‭
 to‬ ‭
 this‬ ‭
 article‬ ‭
 shall‬ ‭
 be‬ ‭
 in‬ ‭
 effect,‬ t
 ‭hey‬ ‭
 shall‬
supersede‬ ‭
‭ all‬ ‭
 existing‬ ‭ordinances,‬ ‭orders,‬ ‭rules‬ ‭and‬ r
 ‭egulations,‬
insofar as the latter may be inconsistent herewith.‬
‭

‭(Ord. No. 377‑90, 6‑6‑90)‬



‭Sec. 2-416. – 2-429. Reserved‬

 Sec. 2-430. Ethics Commission.‬
 ‭



a.‬ ‭
‭ Purpose.‬‭
 The Ethics Commission shall provide‬‭
 impartial oversight‬
and render decisions and advisory opinions to ensure that standards of‬
‭
ethical conduct are observed by City elected and appointed officials‬
‭
and employees. The Ethics Commission shall be an independent body,‬
‭
free from interference from any City elected and appointed officials‬
‭
and employees. The Ethics Commission may request funding from the city‬
‭




 Page 19
council for independent investigations, legal services, staffing, or‬
‭
other demands pertinent to its mission.‬
‭



b.‬ ‭
‭ Composition.‬‭
 There shall be an Ethics Commission‬‭
 composed of seven‬
(7) members. All members shall be appointed to fill at-large seats,‬
‭
and may reside in any part of the City. For the initial appointment of‬
‭
Commission members set out in (c) below, at least three (3) members‬
‭
shall be appointed, to terms of one (1), two (2), and three (3) years.‬
‭


c.‬ ‭
‭ Appointment; Terms‬
 . For the initial members‬‭
 ‭ of the Ethics‬
Commission, two members shall be appointed by the City Council for a‬
‭
term of one (1) year, two members shall be appointed for a term of two‬
‭
(2) years, and three members shall be appointed for a term of three‬
‭
(3) years. Thereafter, the City Council shall appoint members for‬
‭
terms of three (3) years. Such members shall serve until their‬
‭
successors are duly appointed and qualified.‬
‭



d.‬ ‭
‭ Qualifications‬
 . Members of the Ethics Commission‬‭
 ‭ shall be legal‬
residents of the City, having resided in the city for a period of at‬
‭
least the three years immediately preceding the member’s appointment.‬
‭
Elected City officials, candidates for any City elected office, City‬
‭
employees, and their immediate family members are not eligible to be‬
‭
appointed as members of the Ethics Commission.‬
‭

e.‬ ‭
‭ Vacancies‬
 . Permanent vacancies on the Ethics‬‭
 ‭ Commission shall be‬
filled by the City Council in the same manner as other appointments‬
‭
hereunder for the unexpired term of the former member.‬
‭


f.‬ ‭
‭ Removal of Members‬
 . Any member of the Ethics‬‭
 ‭ Commission may be‬
removed for cause by the City Council at any time; provided, however,‬
‭
that before any such removal, such member shall be given an‬
‭
opportunity to be heard in their own defense at a public hearing.‬
‭


g.‬ ‭
‭ Compensation‬
 . Members of the Ethics Commission‬‭
 ‭ shall serve‬
without compensation.‬
‭



h.‬ ‭
‭ Meeting frequency; chair‬
 ;‬‭
 ‭ secretary;‬‭
 minutes,‬‭
 public records‬
 ‭ The‬
 .
Ethics Commission shall meet as needed, but no less than annually. The‬
‭
members of the Ethics Commission shall annually elect one (1) of their‬
‭
members as chair to preside at all meeting and hearings and to fulfill‬
‭
the customary functions of that office. The members of the Ethics‬
‭
Commission also shall annually elect one (1) of their members as‬
‭




 Page 20
secretary to keep the minutes of the proceedings of the Ethics‬
‭
Commission, showing the vote of each member on every question, or‬
‭
their absence or failure to vote, and to file the same with the City‬
‭
Clerk, who shall maintain the permanent records and decisions of all‬
‭
board meetings, hearings and proceedings, and all correspondence of‬
‭
the Ethics Commission, as required by statute, and to fulfill the‬
‭
customary functions of that office. Except as otherwise provided by‬
‭
State law, such records shall be public records open to inspection‬
‭
during working hours upon reasonable notice.‬
‭


i.‬ ‭
‭ Quorum and Necessary Vote‬
 . No business shall‬‭
 ‭ be transacted by the‬
Ethics Commission without a quorum, consisting of four (4) members‬
‭
being present. The Ethics Commission shall act on matters of routine‬
‭
business by a majority of members present and voting. Matters arising‬
‭
under section (k) and section (l) of this ordinance shall require the‬
‭
affirmative vote of five members of the commission for passage‬
‭

j.‬ ‭
‭ Conflicts‬
 . No member of the Ethics Commission‬‭
 ‭ shall participate in‬
the hearing or disposition of any matter in which the member has an‬
‭
interest. Any question of whether a member has a conflict of interest‬
‭
sufficient for a member to be recused shall be decided by a majority‬
‭
vote of the members present, except the member whose possible conflict‬
‭
is being examined. Where such vote results in a tie, the subject‬
‭
member shall be recused from the matter.‬
‭

k.‬ ‭
‭ Duties‬
 . In addition to the jurisdiction conferred‬‭
 ‭ on it by other‬
sections of this Article and in accordance therewith, the Ethics‬
‭
Commission shall undertake the following duties:‬
‭

 1.‬ ‭
 ‭ Prepare and recommend a Code of Ethics ordinance‬‭
 to‬
 the City Council for enactment. The City Council shall,‬
 ‭
 with the recommendation of the Ethics Commission, enact and‬
 ‭
 maintain a Code of Ethics ordinance defining the code of‬
 ‭
 ethical conduct for City elected and appointed officials‬
 ‭
 and employees as required by the City Charter.‬
 ‭

 2.‬ ‭
 ‭ Review the Ethics Commission and Code of Ethics‬
 ordinances not less than once every three (3) years and‬
 ‭
 make recommendations for any amendments to the City‬
 ‭
 Council;‬
 ‭

 3.‬ ‭
 ‭ Hear complaints and render written decisions‬‭
 with‬
 findings of fact regarding alleged violations of the City’s‬
 ‭
 Code of Ethics ordinance;‬
 ‭

 3.‬ ‭
 ‭ Hear and render advisory opinions regarding questions‬
 of prospective application of the City’s Code of Ethics‬
 ‭
 ordinance;‬
 ‭




 Page 21
 4.‬ ‭
 ‭ Hear and render advisory opinions regarding questions‬
 of the requester’s compliance with the City Charter as it‬
 ‭
 relates to the City’s Code of Ethics ordinance;‬
 ‭

 5.‬ ‭
 ‭ Hear and render advisory opinions regarding adherence‬
 to City Council and City board and commission ethics rules‬
 ‭
 and procedures as they relate to the City’s Code of Ethics‬
 ‭
 ordinance;‬
 ‭

 6.‬ ‭
 ‭ On receipt of a request from a majority of the‬‭
 City‬
 Council or any City board or commission, procure a second‬
 ‭
 legal opinion from outside legal counsel; and‬
 ‭

 7.‬ ‭
 ‭ Design and oversee evaluations of the City’s‬‭
 ethics‬
 program, composed of the Code of Ethics Ordinance, the‬
 ‭
 Ethic’s Commission’s bylaws and policies, and their‬
 ‭
 administration and make recommendations to the City Council‬
 ‭
 regarding such ethics program.‬
 ‭

l.‬ ‭
‭ Appointment of Accountability Officer.‬‭
 The Ethics‬‭
 Commission may‬
recommend that the City Council appoint an Accountability Officer and‬
‭
fund that position pursuant to Article VIII, Section 1-A(c) of the‬
‭
City Charter. The Accountability Officer shall report directly to the‬
‭
City Council.‬
‭


m.‬
‭ Meetings, Hearings, and Procedures‬
 ‭ .‬
 ‭



 1.‬ ‭
 ‭ Regular meetings of the Ethics Commission‬‭
 shall be held‬
 at the call of the chair or as provided by the rules of the‬
 ‭
 Ethics Commission. Special meetings of the Ethics‬
 ‭
 Commission shall be called by the chair, at the request of‬
 ‭
 any three members of the Commission, or at the request of‬
 ‭
 the City Council. Except as otherwise provided by State and‬
 ‭
 federal law, all meetings and hearings of the Commission‬
 ‭
 shall be open to the public.‬
 ‭

 2.‬ ‭
 ‭ The Ethics Commission shall adopt its own‬‭
 rules of‬
 procedure for the conduct of its business not inconsistent‬
 ‭
 with the statutes of the State of Maine and this Section.‬
 ‭
 Such rules shall be subject to City Council approval and‬
 ‭
 then filed with the secretary and with the City Clerk.‬
 ‭

 3.‬ ‭
 ‭ Conflicts. No member of the Ethics Commission‬‭
 shall‬
 participate in the hearing or disposition of any matter in‬
 ‭
 which they have a direct or indirect pecuniary interest, as‬
 ‭




 Page 22
 defined by 30-A M.R.S. §2605, as amended, common law, the‬
 ‭
 Code of Ethics, or the Charter.‬
 ‭



n.‬ ‭
‭ Complaints; Advisory Opinion Requests; Filing‬‭
 with City Clerk;‬
Public Hearings‬
‭ .‬
 ‭



 1.‬ ‭
 ‭ Filing with Corporation Counsel. Complaints‬‭
 alleging‬
 violations of the Code of Ethics ordinance and requests‬
 ‭
 for advisory opinions, permitted by this Section, shall be‬
 ‭
 filed with Corporation Counsel pursuant to this Section.‬
 ‭
 ‭
 Within 14 days receipt of a request pursuant to this‬
 section, Corporation Counsel shall make initial‬
 ‭
 determinations as follows: (i) compliance with subsection‬
 ‭
 8 of this section, and (ii) compliance with subsection 4‬
 ‭
 of this section. If Corporation Counsel determines the‬
 ‭
 matter is a “personnel matter,” the matter shall be‬
 ‭
 redirected to the City Manager, or to the council if the‬
 ‭
 matter regards the City Manager, the Clerk, or the‬
 ‭
 Corporation Counsel. If Corporation Counsel determines the‬
 ‭
 matter is not a “personnel matter,” Corporation Counsel‬
 ‭
 shall alert the chair of the Ethics Commission of the‬
 ‭
 filing and shall acknowledge in writing to the complainant‬
 ‭
 ‭
 or requester the Ethics Commission’s receipt of a‬
 complaint or request for advisory opinion‬
 ‭

 2.‬ ‭
 ‭ Complaints. Complaints under (k)(3) above‬‭
 alleging‬
 violation of the City’s Code of Ethics Ordinance may be‬
 ‭
 filed by any City official or employee, or resident of the‬
 ‭
 city, by the Accountability Officer, or may be initiated‬
 ‭
 by a majority of the membership of the Ethics Commission,‬
 ‭
 in accordance with the process set out herein,‬‭
 ‭ provided‬
 that complaints regarding City employees’ ongoing or prior‬
 ‭
 alleged violations or misconduct shall be referred without‬
 ‭
 Commission investigation or action to the City for‬
 ‭
 appropriate action under State law, its personnel policies‬
 ‭
 and/or collective bargaining agreements as set forth in‬
 ‭
 (n)(4) below.‬
 ‭

 3.‬ ‭
 ‭ Advisory Opinion Requests. Requests for advisory‬
 opinions under (k)(4), (5), or (6) above may only be made‬
 ‭
 by an official or employee of the City and must be made in‬
 ‭
 accordance with the process set out herein. The requester‬
 ‭
 seeking an advisory opinion under (k)(4), (5), or (6) shall‬
 ‭
 first submit a general written statement to Corporation‬
 ‭
 Counsel describing the nature of the matter. Corporation‬
 ‭
 Counsel shall then forward the general written statement to‬
 ‭




 Page 23
Corporation Counsel who shall (1) render an initial opinion‬
‭
and provide it to the requester, or (2) if Corporation‬
‭
Counsel determines that the opinion requested is of such a‬
‭
novel and unique question of fact or law as to need an‬
‭
advisory opinion from the Ethics Commission, refer the‬
‭
matter to the Ethics Commission, which shall review the‬
‭
matter at its next available public hearing and render an‬
‭
advisory opinion thereafter. If Corporation Counsel renders‬
‭
an initial opinion, and, after reviewing that opinion, the‬
‭
requester would like the Ethics Commission to also consider‬
‭
the matter, the requester shall submit its written‬
‭
statement and a copy of Corporation Counsel’s initial‬
‭
opinion to the Ethics Commission, which shall review the‬
‭
matter at its next available public hearing and render an‬
‭
advisory opinion thereafter.‬
‭



4.‬ ‭
‭ Personnel Matters. Corporation Counsel shall‬‭
 redirect‬
all complaints about or advisory opinions concerning City‬
‭
employees to the City Manager, or to the council if the‬
‭
complaint or advisory opinion regards the City Manager, the‬
‭
Clerk, or the Corporation Counsel, and if the complaint or‬
‭
advisory opinion arises out of alleged conduct covered by‬
‭
‭
the City’s personnel policies, employment contracts, and/or‬
collective bargaining agreements. This Determination shall‬
‭
be final and the Ethics Commission shall not receive such‬
‭
complaints or requests.‬
‭



5.‬ ‭
‭ Reserved.‬

6.‬ ‭
‭ Hearings. Within 14 days after the City Clerk’s‬‭
 receipt‬
of a complaint or a request for an advisory opinion not‬
‭
redirected pursuant to (n)(4) above, the Chair shall set‬
‭
the date, time, and place of a hearing on complaints and‬
‭
on requests for advisory opinions, advertised and‬
‭
conducted by the Ethics Commission as required by various‬
‭
State and federal laws pursuant to which matters are‬
‭
brought before the Ethics Commission. The hearing, which‬
‭
may be conducted in executive session, shall be conducted‬
‭
in accordance with relevant State and federal law, the‬
‭
City Code, and the rules of the Ethics Commission.‬
‭

7.‬ ‭
‭ Dismissal of certain complaints and advisory‬‭
 opinion‬
requests. If the Ethics Commission finds any complaint or‬
‭
advisory opinion request filed with it to have been based‬
‭
upon allegations it determines to be frivolous,‬
‭




 Page 24
scurrilous, libelous, unsubstantiated, unfounded, of‬
‭
nuisance, or with malice, it may so determine and may‬
‭
dismiss the complaint without deciding the merits of the‬
‭
complaint and may dismiss the advisory opinion request‬
‭
without issuing an opinion.‬
‭

8.‬ ‭
‭ This Section and the Ethics Commission complaint‬‭
 and‬
advisory opinion process shall protect the identity and‬
‭
rights of complainants, requesters, whistleblowers, and‬
‭
persons complained against in accordance with and as‬
‭
required by all State and federal laws, regulations,‬
‭
codes, municipal ordinances, and policies, including but‬
‭
not limited to the Maine Freedom of Access Act, the Maine‬
‭
Whistleblowers’ Act, and the City of Portland’s personnel‬
‭
policies.‬
‭

9.‬ ‭
‭ The Ethics Commission shall refer any complaint‬
alleging corruption, fraud, or abuse of a criminal nature‬
‭
to the appropriate law enforcement agency.‬
‭

10.‬‭
‭ City Clerk Report. The City Clerk shall compile‬‭
 a‬
master list of all complaints and requests for advisory‬
‭
opinions filed with the City Clerk’s office. Such list‬
‭
shall not include complaints or advisory requests‬
‭
redirected pursuant to (n)(4) above, and shall be redacted‬
‭
‭
to protect the identity and rights of complainants,‬
requesters, whistleblowers, and persons complained against‬
‭
in accordance with and as required by all State and‬
‭
federal laws, regulations, codes, municipal ordinances,‬
‭
and policies, including but not limited to the Maine‬
‭
Freedom of Access Act, the Maine Whistleblowers’ Act, and‬
‭
the City of Portland’s personnel policies. Such report‬
‭
shall initially be given to the chair of the Ethics‬
‭
Commission on a monthly basis, but may be reduced to‬
‭
quarterly at the request of the chair. The chair of the‬
‭
Ethics Commission shall share the report with the rest of‬
‭
the Ethics Commission at its next regularly scheduled‬
‭
meeting.‬
‭

o.‬
‭ Decisions and‬‭
 ‭ Record‬
 .‬
 ‭

1.‬ ‭
‭ The Ethics Commission shall decide the complaint‬‭
 or‬
request for an advisory opinion within 30 days after the‬
‭
closing of the hearing unless the complainant and persons‬
‭
complained against agree, or the requester agrees, in‬
‭
writing to extension of that time period.‬
‭

2.‬ ‭
‭ Every Ethics Commission decision on a complaint‬‭
 or‬
advisory opinion shall be in writing and every decision on‬
‭




 Page 25
 a complaint shall include findings of fact and conclusions‬
 ‭
 of law.‬
 ‭

 3.‬ ‭
 ‭ Corporation Counsel shall mail notice of any‬‭
 decision‬
 or advisory opinion of the Ethics Commission to the‬
 ‭
 complainant or requester, and any designated interested‬
 ‭
 parties, within seven (7) days of such decision or‬
 ‭
 opinion.‬
 ‭

 ‭
 4.‬ ‭
 The minutes of the Ethics Commission meetings‬‭
 and‬
 hearings; the meeting and hearing transcripts, if these‬
 ‭
 are made; all exhibits, papers, complaints, applications,‬
 ‭
 and requests filed in any proceeding before the Ethics‬
 ‭
 Commission; and the written decision or opinion of the‬
 ‭
 Commission shall constitute the record.‬
 ‭

p.‬ ‭
‭ Violations of the Code of Ethics.‬‭
 Violations‬‭
 of the Code of‬
‭
Ethics ordinance shall be addressed as set out in that ordinance,‬
provided, however, that the Mayor, any City Councilor found by the‬
‭
Ethics Commission to be in violation of or to have violated the Code‬
‭
of Ethics ordinance may only be reprimanded or censured by the City‬
‭
Council after notice and hearing conducted by the City Council.‬
‭

q.‬ ‭
‭ Severability‬
 . The provisions of this Section‬‭
 ‭ and each of its‬
sections, subsections, paragraphs, subparagraphs, sentences and‬
‭
‭
clauses are severable. In the event that any such provision is held to‬
be invalid or unenforceable by any judicial or administrative‬
‭
tribunal, it is the intent of the governing body that all other‬
‭
provisions thereof shall remain in full force and effect.‬
‭

r.‬ ‭
‭ Effective date.‬‭
 This Section shall go into effect‬‭
 on March 27,‬
2025 (30 days after passage).‬
‭

‭(Ord. No. 82-24/25, 2-24-25)‬




‭2-431-2-435. Reserved.‬



‭------‬




 Page 26
 ‭*Editor’s Note:‬ ‭Article IX, §§2-430--2-435 (Portland’s Property Tax Relief Program) was‬
‭repealed in its entirety due to the Law Court’s decision on 2/20/04 finding this Article to be‬
 ‭unconstitutional.‬




 Page 27
 ‭Rewriting City Emergency Operations Plan‬

‭A Municipal Emergency Operations Plan (EOP) is vital because it helps the city prepare for and‬
 ‭respond to emergencies in a coordinated and comprehensive way. The City’s existing EOP has‬
  ‭not been updated or revised in almost 16 years. Given recent events; police protests, global‬
 ‭pandemic, weather events, shootings, etc. updating the EOP should be a top priority for city‬
 l‭eadership and the city’s Emergency Management Director. It is recommended that an Advisory‬
 ‭Committee be established to coordinate input by stakeholders in the preparation, evaluation,‬
 ‭and revision of the Emergency Management Program.‬




‭Steps for advisory committee updating the Emergency Operations Plan (EOP):‬
 ‭●‬ ‭Put advisory committee together‬
 ‭●‬ ‭Review / evaluate existing EOP‬
 ‭○‬ ‭Identify what worked well in past emergencies and what didn’t. Gather feedback‬
 ‭from advisory committee members‬
 ‭●‬ ‭Confirm new plan format‬
 ‭●‬ ‭Review results of CaRAT‬
 ‭●‬ ‭Determine Plan Mission, Operational Priorities, Goals and Objectives‬
 ‭●‬ ‭Prioritize sections of the plan to work on‬
 ‭●‬ ‭Identify Subject Matter Experts‬
 ‭●‬ ‭Clearly define the roles and responsibilities of each department and individual.‬
 ‭●‬ ‭Identify process for plan review and adoption‬
 ‭●‬ ‭Plan update / rewrite‬
 ‭●‬ ‭Review and approve with advisory committee‬
 ‭●‬ ‭City Manager and City Council approval‬
 ‭●‬ ‭Disseminate and implement the plan‬




 Page 28
 ‭●‬ ‭Training and exercise plan, driven by capabilities‬
 ‭●‬ ‭Continuous Improvement:‬‭establish a schedule for regular‬‭reviews and updates of the‬
 ‭EOP. Incorporate lessons learned from drills, exercises, and actual incidents.‬

  ‭Advisory committee will be comprised of department leadership and use other Subject Matter‬
 ‭Experts in plan development and review:‬
 ‭●‬ ‭Executive Department (Assistant City Manager, Public Information)‬
 ‭●‬ ‭Fire‬
 ‭●‬ ‭Police‬
 ‭●‬ ‭Public Works‬
 ‭●‬ ‭Health and Human Services (Public Health, Social Services)‬
 ‭●‬ ‭Parks, Recreation, and Facilities (Facilities, Public Assembly Facilities, Forestry)‬
 ‭●‬ ‭IT‬

  ‭After plan is drafted, expand review outside of internal City staff‬
 ‭●‬ ‭County‬
 ‭●‬ ‭Private sector coordination (transportation, PWD, CMP, DOT, etc.)‬
 ‭●‬ ‭Nonprofit and voluntary organizations‬
 ‭●‬ ‭Mutual Aid partners‬


‭STEP #‬ ‭END GOAL‬ ‭TIMELINE‬

 ‭Form a Planning Team‬ ‭January 20th - 31st‬
‭1‬ ‭●‬ ‭Preferably Dept. Heads‬
 ‭●‬ ‭Subject matter experts‬

 ‭Understand the Situation‬ ‭Completed in August 2024‬
‭2‬ ‭●‬ ‭THIRA‬
 ‭●‬ ‭Capability exercise‬

 ‭Determine Goals and Objectives‬ ‭February 1st - 30th‬
‭3‬ ‭●‬ ‭Operational Priorities & Goals‬


 ‭Develop the Plan;‬ ‭January 30th- March 30th‬
‭4‬ ‭●‬ ‭There is an existing plan‬
 ‭●‬ ‭Develop courses of action and ID‬
 ‭gaps or missing components‬

 ‭Prepare and Review the Plan‬ ‭May 1st - June 30th 2025‬
‭5‬ ‭●‬ ‭Rewrite plan & Review plan‬
 ‭●‬ ‭Approve the plan w/ Stakeholders‬


 I‭mplement and Maintain the Plan‬ ‭August 2025‬
‭6‬ ‭●‬ ‭Training‬
 ‭●‬ ‭Exercise the Plan‬
 ‭●‬ ‭Evaluate, validate and revise‬




 Page 29
Page 30
City of Portland | Fire Department
Chad D. Johnston, Fire Chief




To: Health & Human Services & Public Safety Committee
Councilor Anna Bullett, Chair




MEETING DATE
July 8, 2025

AGENDA ITEM
Emergency Operations Plan Rewrite Project Update

PURPOSE
This will be a high level update on the project itself, its purpose, adjusted timeline and
next steps. This is a communication only so no Committee action is required at this time.

COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT
Per State Statute Title 37-B Sec. 783 and City Ordinance Chapter 2 Article III Emergency
Preparedness, Municipal Disaster / Emergency Plans must be in place and approved by
the governing body.

BACKGROUND/ANALYSIS
A Municipal Emergency Operations Plan (EOP) is vital because it helps the city prepare
for and respond to emergencies in a coordinated and comprehensive way. Given recent
events; police protests, global pandemic, weather events, shootings, etc. updating the
EOP is a top priority for city leadership and the city’s Emergency Management Director.

A jurisdiction’s EOP is a document that:
 ●​ Assigns responsibility to organizations and individuals for carrying out specific
 actions that exceed routine responsibility at projected times and places during an
 emergency
 ●​ Sets forth lines of authority and organizational relationships and shows how all
 actions will be coordinated
 ●​ Describes how people (including unaccompanied minors, individuals with
 disabilities, others with access and functional needs, and individuals with limited
 English proficiency) and property are protected
 ●​ Identifies personnel, equipment, facilities, supplies, and other resources available
 within the jurisdiction or by agreement with other jurisdictions
 ●​ Reconciles requirements with other jurisdictions.


 1

 Page 31
An Emergency Management Project Advisory Committee (EMPAC) has been established
that consists of several Department Heads to help guide this process through feedback,
suggestions, experience and interdepartmental collaboration.

An EOP is flexible enough for use in all emergencies. A complete EOP describes: the
purpose of the plan; the situation; assumptions; organization and assignment of
responsibilities; administration and logistics; plan development and maintenance; and
authorities and references. The EMPAC which has held two meetings so far has
recommended developing a Traditional Functional Format which is the most commonly
used format and is the format of the existing city’s plan.

It has been several years since the plan has been updated.

FISCAL IMPACT
At this time there is no anticipated fiscal impact as this contract work has been
budgeted. Potentially some funding might be required to train and exercise the final
approved plan in the coming calendar year.

CONCLUSION(S)
N/A

PRIOR COMMITTEE REVIEW
N/A

PREPARED BY
Chad Johnston​ ​ ​ ​ Greg Jordan
Fire Chief​  ​ ​ ​ ​ Asst. City Manager

Keith Gautreau​ ​ ​ ​ Caity Hager
Fire Chief (ret.)​ ​ ​ ​ EMA Coordinator



ATTACHMENTS
City Ordinance Chapter 2 Article III Emergency Preparedness
State Statute Title 37-B Sec. 783
Project Purpose, Steps, and Overview Document
Updated Project Timeline

​




 2

 Page 32
City of Portland | Health & Human Services Department
Maggie McLoughlin, Director



Staff Memo To:
Health & Human Services & Public Safety Committee
Councilor Anna Bullett, Chair




DATE
July 8, 2025

AGENDA ITEM
Agenda Item #4 - Opioid Settlement Funds Update

PURPOSE
This memo serves as an update to the Health & Human Services and Public Safety (HHSPS)
Committee on the progress regarding the allocation of Opioid Settlement Funds.

COMMITTEE WORK PLAN ALIGNMENT
The Committee’s 2025 work plan includes consideration of opioid settlement funds allocation as
a top priority.

BACKGROUND/ANALYSIS
In 2017, Portland joined a nationwide lawsuit against opioid manufacturers to address the opioid
epidemic’s impact. By September 2024, the City received $1.38M in settlements, expecting
~$235,000 annually through FY39, with yearly fluctuations based on settlement agreement
disbursements. Following consultations with a variety of stakeholders, including a June 2024
panel before the HHSPS Committee, the City Council allocated $1.3 in settlement funds on
October 21, 2024 to be spent on the following: (1) Syringe Redemption Program, (2) On-peninsula
day space, (3) On-peninsula methadone treatment.

The Syringe Redemption Program, launched January 2025, increased syringe returns by 30%+
($24,000 spent), with updates to HHSPS Committee most recently given on March 11, 2025, with
additional updates planned for September 9, 2025.

The City issued a request for applications (RFA) for on-peninsula methadone treatment providers
and day space operators in December 2024. Applicants were encouraged to demonstrate
operational sustainability, as there is no commitment for additional funding availability or
programming beyond the funds being made available as part of this cycle. A total of five
applications were received, four for the MMT program and one for the day space. The total
amount of funds requested across all applicants was $4,552,705.96 out of a total allocation of
$1.3 million. The applications were reviewed by a committee of five City of Portland staff,
including representatives from Fire, Police, Social Services, and Public Health. Applications were



 1

 Page 33
scored out of 100. Applications were scored on capacity to deliver, range of
partnerships/complementary services, readiness of start-up, neighborhood management,
financial value, and sustainability.

The scores for the four methadone treatment providers ranged from a high of 56 to a low of ​
41. Three of the applicants did not have a brick and mortar location identified and the fourth
applicant referred to plans to establish an on-peninsula facility in 2025, meeting the goals for
on-peninsula treatment without additional City funds. Additionally, the scoring committee noted
there was insufficient planning around neighborhood impact mitigation amongst applications
for mobile MMT provision.

One applicant responded to the call for day space operators and received an application score of
53. The RFA explicitly noted a preference for operators that were able to identify and utilize
existing available space, as well as demonstrate sustainability of funding in future years, given
the limited availability of opioid settlement funds. The applicant did not have existing facilities
and proposed using the 14 Baxter Boulevard location, which the RFA had suggested may be used
as a location pending lease negotiations with the property owner. This property is owned by the
Portland Housing Authority under a Declaration of Trust (DOT) from the Department of Housing
and Urban Development (HUD) and therefore any change of use is subject to HUD approval. This
property would be available for only a limited period (three years or less). Through the review and
refinement of the day space application the following key factors emerged:

 -​ Program sustainability- The Baxter Blvd location’s availability is limited to an anticipated
 three years. Future funding potential from OSF is limited at less than $240,000/annually.
 As such the benefit to the City and the targeted population of people affected by Opioid
 Use Disorder is time limited and there is no clear alternative or future location by which to
 continue this program.

 -​ Funding- After detailed review of programming and operational needs, staff are
 concerned about an operator's ability operate a safe, effective day space with the available
 funding. Specifically, this budget did not sufficiently support staffing at the levels needed
 to meet the priorities outlined in the RFA, including neighborhood management and
 supportive services on site.

Conclusion

Since the Council’s direction regarding the allocation and use of opioid settlement funds in
October 2024, there have been significant shifts in the funding landscape for core services that
address the opioid epidemic. Various iterations of the Federal Budget drafts have included the
elimination of a key funder (the Substance Abuse and Mental Health Services Administration),
potential impacts on Medicaid eligibility affecting recovery and treatment access, cuts to housing
vouchers, harm reduction, etc. These are core priorities that were listed by individuals with lived
experience, providers, and staff. Changes to longstanding funding for these services may
significantly alter the landscape of unmet needs in the community. Investing the vast bulk of our
received OSF in an initiative that will not continue beyond two years may not meet the changing


 2

 Page 34
needs that are still emerging in response to the federal budget cuts to the sector. Staff
recommend the following options: ​

 -​ Continue funding the syringe redemption program- The program has been the
 strongest factor in reducing the number of improperly disposed syringes. At a cost of less
 than $75,000 annually (less than 6% of total available settlement funds), it represents a
 significant public benefit. Staff recommend continuing to fund this program through
 FY27 with opioid settlement funds.​

 -​ Reserve funding to preserve core services for individuals affected by SUD- As noted
 above, funding for the existing services and programs that support individuals affected by
 SUD are under threat. However, the FY26 Federal budget is still pending, and as such, the
 full trickle down effects on states and municipalities remains uncertain. The City
 recommends re-evaluating the use of the OSF pending these changes in order to reserve
 funding to preserve core programs and services provided by the City and partners. To
 move this forward, following budget processes, staff could provide an analysis of sector
 impacts and optional directions to the committee for deliberation.

 -​ Explore alternative models for the day space- This would include exploration of
 alternative solutions for the day space that may reflect changes in anticipated scale,
 partnership structure, and/or location.

 -​ Consider reallocation of the funds to support a warming shelter - As noted in the April
 2025 Warming/Cooling Center memo, the primary barrier to provision of on-peninsula
 warming shelter for the unsheltered population is driven by lack of access to a suitable
 facility. The City could consider making funds available to a private operator interested in
 establishing a warming center in Winter 2025-2026.

PREPARED BY

Maggie McLoughlin
Director
Health and Human Services


ATTACHMENTS​

 ●​ HHSPS Panel Discussion and Abatement Memo (June 2024)- link
 ●​ OSF Review of Initial Recommendations (July 2024)- link
 ●​ Allocating OSF Memo (Sept. 2024)- link
 ●​ Council Allocation (Oct. 2024)- link
 ●​ SSP & RFA Update (March 2025)- link
 ●​ Warming/Cooling Center memo (April 2025)- link




 3

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Health and Human Service / Public
 Safety Committee
 Public Safety Update
 Portland Police Department




 July 8, 2025
 Page 36
Crime Trends and Analysis

Violent Crime by Year January-June 2025
 Update
 ● Violent crime totals appear to be
 trending downward in 2025 YTD,
 though the year is only halfway
 complete.

 ● This is true in each crime
 category. This is the first time
 since 2021, without a homicide
 in the first 6 months of the year.

 ● If current trends hold, 2025
 could end with the lowest total
 violent crimes in the past three
 years.


 Page 37
Crime Trends and Analysis

Property Crime by Year January-June 2025 Update
 ● Midway through 2025, some
 categories are trending lower,
 but totals are on track to
 potentially match or exceed
 previous years.

 ● After a 48% increase from 2023
 to 2024, burglary numbers
 remain high in 2025, and could
 surpass 2024 if the pace
 continues.

 ● Larceny and Motor Vehicle theft,
 which both increased in 2024,
 seem to be stabilizing mid-year
 with a potential to decrease.

 Page 38
Crime Trends and Analysis: Calls for Service

Calls for Service (CFS) are
classified as Proactive and
Reactive.

 ● Reactive - initiated by member of
 public usually via 911 or non-
 emergency line; this type of call
 has been generally increasing over
 the last 20 years.

 ● Proactive - Officer initiated
 engagements or actions have
 been declining since 2014 due
 mostly to reduced staffing.




 Page 39
Crime Trends and Analysis - Calls for Service

 ● Calls for service have
 remained consistent in their
 distribution across beats.


 ● There has been a slight
 increase in total calls
 compared to the first half of
 2024.

 ○ 2024: 34,175
 ○ 2025: 35,994

 ● Beat 4 (Bayside) continues to
 have the highest call volume,
 followed by Beat 3 (Old
 Port/Downtown) and Beat
 5(West End).
 Page 40
 Calls For Service
January-June January-June
2024 2025

 CALLS FOR SERVICE CALLS FOR SERVICE

 1 Person(s) Bothering 1 Person(s) Bothering

 2 Motor Vehicle Stop 2 Motor Vehicle Stop

 3 Burglary Alarm 3 Special Attention
 Check
 4 Check Well Being
 4 Pedestrian Check
 5 Suspicious Activity
 5 Check Well Being
 ● Person(s) Bothering continues to be the most frequent call type, indicating ongoing concerns with
 disturbances, loitering, and/or criminal trespass.
 ● Three of the top 5 call types are officer initiated, reflecting a more proactive policing approach.
 Page 41
Arrests



 ● There is no major change in overall
 arrests in the first half of 2024
 compared to 2025.

 ● The top five charges in the first 6
 months of the 2025
 ○ Violating Conditions of Release
 ○ Warrants
 ○ Possession/Trafficking of Drugs
 ○ Criminal Trespass
 ○ Assault




 Page 42
Clearance Rates

Crimes Against Crimes Against
People Property




● Portland’s clearance rate for crime against people has stayed above 50% for the last three years, putting it slightly
 ahead of the national average.
● Portland’s property crime clearance rate remains just above the national average but below the state average. This
 gap may be due to the higher volume of serious calls handled in Portland compared to other areas of the state,
 combined with the impact of ongoing staffing shortages.
 Page 43
Health and Human Service / Public
 Safety Committee
 Public Safety Update
 Portland Police Department




 July 8, 2025
 Page 44