Uber to Portland Auditor: We're Not Giving You Mark Wiener's Contract

Uber did acknowledge it violated city rules and revealed that Wiener lobbied for the ride-sharing giant earlier than previously disclosed.

Uber responded Friday to a demand by the city of Portland's auditor that the ride-hailing giant turn over its contract with lobbyist Mark Wiener, sending a five-page letter that can be summed up in one word:

No.

But Uber did acknowledge violating Portland's lobbying regulations by not reporting until April 10 that Wiener had acted on behalf of Uber—almost three months after accurate lobbying statements for 2014 were due. The company also admitted failing to report the activity of two other lobbyists.

"We recognize that we erred," Uber's Dec. 4 letter to the city reads.

Uber's letter also contains other disclosures that could prove troublesome for the company and elected officials as Auditor Mary Hull Cabellero continues her investigation of Uber's compliance with the city's lobbying regulations.

Her investigation—into the timing of Wiener's work and the exact nature of the services he provided Uber—could result in fines for Uber.

Hull Cabellero declined to comment Friday, saying through an aide the investigation is still underway.

To the public, a larger issue is at stake: Did Wiener, a political consultant who has helped elect Mayor Charlie Hales and Commissioners Steve Novick and Dan Saltzman, trade on his access at City Hall to get Uber a better deal? Hales and Novick tried to block Uber from launching in Portland before Wiener intervened, going so far as to file an injunctive lawsuit against Uber last year.

Wednesday, the Portland City Council voted 3-2 to permanently authorize the operation of Uber and other ride-sharing companies such as Lyft. Wiener's former clients—Hales, Novick and Saltzman—provided the "yes" votes.

In interviews with WW, which first starting investigating Wiener's relationship with Uber in August, Wiener has maintained he didn't sign a lobbying contract with Uber until Dec. 19.

Uber's letter indicates, however, that it first reached out to Wiener to see if he would work as a consultant two weeks earlier, "on or about" Dec. 5, 2014. That's the same day that The New York Times quoted Novick calling Uber "a bunch of thugs."

Uber also writes in its letter that a "review of internal correspondence and documentation suggests that Mr. Wiener may have begun to represent Uber as early as December 11, 2014."

Uber's letter to the auditor also says that Wiener called Hales on Dec. 12, 2014 regarding a potential meeting about Uber.

On Dec. 13, 2014, Wiener hosted a meeting between Uber representatives and city officials, including Hales and Novick, at his Eastmoreland home. Five days later, Portland and Uber announced a deal to ease Uber's entrance into Portland.

Uber, however, declined to make a definitive statement about when it authorized Wiener to lobby for the company.

"Individuals involved recall Mr. Wiener not agreeing to represent Uber until after the December 13, 2014 meeting at his home," Uber writes in its letter.

It's now up to the auditor to decide exactly when Wiener started acting as an Uber lobbyist—and whether the company should be subject to fines.

And that could further embarrass Hales and Novick, whom the auditor dinged in September for failing to publicly report the meeting at Wiener's house. That violation could have resulted in fines of up to $500 for both the mayor and the commissioner. The auditor let them off with warnings, however, because it was their first offense, she wrote in September.

In an Aug. 18 email to WW, Hales denied ever having been lobbied by Wiener. "Mark Wiener has never lobbied me on this or any issue," Hales wrote.

Hales spokeswoman Sara Hottman said the mayor was unavailable until Monday to explain how Hales' previous statement squared with Uber's disclosure that Wiener called Hales about Uber on Dec. 12, 2014. The mayor is in Paris, attending an international climate summit.

Wiener, for his part, says he didn't agree to work for Uber until after the Dec. 13, 2014, meeting at his house and that the Dec. 12, 2014, call to the mayor "was to provide logistics."

"Personally," he wrote in a text, "I would not consider that lobbying."

Initially, Uber didn't report to the city that Wiener had acted as its lobbyist until April 10—almost three months after accurate lobbying statements for 2014 were due. The rules are designed to bring greater transparency to City Hall.

Eleven days later, Hales joined Novick and Saltzman in a contentious 3-2 vote to temporarily legalize Uber.

Uber's refusal to turn over Wiener's contract means it's still not clear how much Uber paid Wiener—or what, specifically, it asked him to do.

Wiener has refused to say how much he was paid. Uber says he gave the company "strategic advice."

Wiener said Friday in a second text message to WW that he was glad Uber had corrected the record regarding his contacts with the city on behalf of Uber.

"Some contacts I reported to them were not passed on to the auditor's office due to an administrative error on their part," he wrote.

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