Law enforcement officers who are easily identifiable promote transparency in their duties and strengthen trust between agencies and the communities they serve. An officer's visible face facilitates communication, allows for the reading of expressions, and helps reduce the risk of conflict in emotionally charged situations. Officers shall maintain professionalism by clearly identifying themselves when engaged in official activity, ensuring that their appearance and conduct promote public confidence and safety.Any person arrested in the City of Portland has the right to know the identity of the arresting officer.

This Chapter establishes standards for law enforcement officer identification, verification of apparent law enforcement activity occurring within the City, and the documentation of people presenting as officers. The City will comply with this Chapter in a manner consistent with all applicable federal and state laws.

1. A.  Officer means any sworn law enforcement officer employed by or operating under the jurisdiction of any government agency, or any person purporting to act under the color of law as a law enforcement officer.
2. B.  PPB officer means any sworn employee of the Portland Police Bureau (PPB) acting within the scope of their official duties.
3. C.  Proof of identity means a government-issued identification that includes name and photograph of the carrier and a face free of any covering that inhibits the ability to verify that the person in possession of the identification is the person identified.
4. D.  Preliminary investigation means the gathering or verification of information through lawful means. A preliminary investigation may be conducted through consensual contact and does not constitute a detention or seizure unless supported by reasonable suspicion or other lawful authority.
5. E. Proof of authority means a person is acting within the scope of lawful authority of their law enforcement agency and shall be established by at least one indicia of authority. The indicia set forth below are illustrative and not exhaustive, and nothing herein precludes consideration of other objective evidence establishing lawful authority:
   1. 1.  A uniform clearly and visibly displaying a badge number, name, and agency identification;
   2. 2.  A judicial warrant establishing their authority;
   3. 3.  Official credentials or identification establishing an individual's confirmed law enforcement status;
   4. 4.  An appropriately marked vehicle for the entity that employs the law enforcement officer that is visible to individuals beyond such officer;
   5. 5.  The presence of other identifiable officers in uniform (defined as 23.30.020 E.1.); or
   6. 6. Authority verified through a law enforcement agency or dispatch center.
6. F. Facial covering means any opaque mask, garment, helmet, headgear, balaclava, tactical mask, gaiter, ski mask or other item that conceals or obscures the facial identity of an individual. Facial covering does not include:
   1. 1. A medical-grade mask or respirator, including an N95 medical mask, worn to protect against the transmission of disease or infection;
   2. 2. Any mask, helmet, or device, including air purifying respirators, full or half masks or self-contained breathing apparatuses, necessary to protect against exposure to toxins, gas, smoke, flame or extreme or severely inclement weather;

   3. 3. A motorcycle or bicycle helmet worn while a law enforcement officer is operating a motorcycle, bicycle or other vehicle that requires a helmet for safe operation while in the performance of the officer's duties;

      4. A fire helmet worn during an arson investigation;

      5. Eyewear necessary to protect the eyes from physical objects or retinal weapons;

      6. A translucent face shield or clear mask that does not conceal the wearer's facial identity and is used in compliance with the employing law enforcement agency's policy.

7. G.  Law enforcement activities means activities involving patrol, investigation, arrest, detention, or other direct enforcement of criminal laws, or of civil laws when enforcement involves detention. Law enforcement activities do not include appearances for testimony, training, or community engagement.
8. H. Credible indicia of authority means proof of identity plus proof of authority. Proof of identity and authority may be established simultaneously when the government-issued identification possessed by the individual claiming law enforcement authority includes a name and photograph as well as law enforcement agency affiliation, and matches a face free of any covering. Credible indicia of authority may be established voluntarily, may be requested, or may be established by observation.

1. A. Officers may wear facial coverings when:
   1. 1. Engaged in undercover duties in the regular performance of the officer's official duties;
   2. 2. Assigned to a tactical response team, while actively performing tactical duties, if a facial covering is necessary to protect the officer's face from physical harm while performing such duties; or 
   3. 3. Working in extreme or severely inclement weather, including freezing temperatures, high wind or highly dusty conditions.
2. B. For purposes of this Section, tactical response team includes:
   1. 1. A Special Weapons and Tactics (SWAT) team;
   2. 2. A hazardous device, bomb or explosive ordnance disposal unit;
   3. 3. A chemical, biological, radiological, nuclear or explosive (CBRNE) response unit; or
   4. 4. A tactical K-9 unit assigned to support high-risk warrant service, hostage rescue, armed barricade response or active shooter response.

1. A.  Compliance with State Law. All requirements of this Section shall be interpreted and applied in a manner consistent with Oregon law governing law enforcement identifiability requirements and the legal protections described in Section 23.30.080 of this Chapter. Officers operating within the City shall comply with this Chapter while on duty and actively engaged in official law enforcement activities.
2. B.  Receipt of identification.
   1. 1.  PPB officers shall receive official Portland Police Bureau-issued identification (badges, nametags, identification cards, business cards, etc.) to be used for official business.
   2. 2.  PPB officers shall ensure they have official Portland Police Bureau-issued identification and an adequate supply of PPB-issued business cards at all times while on duty.
3. C.  Display of identification.
   1. 1.  Officers shall visibly display their agency-issued badge, and permanent identifying number or nametag (including their last name) on their outermost garment and carry their agency-issued identification document, except as outlined in Subsections 23.30.025 A.1. and 23.30.030 E.1.
   2. 2.  Officers operating in the City of Portland shall not intentionally conceal or obscure their faces through the use of facial coverings except as permitted under Oregon law and Section 23.30.025.
4. D.  Providing identification to the public.
   1. 1.  When practical, safe, and tactically feasible, PPB officers shall, upon request, identify themselves by name and offer their PPB-issued business card containing their Department of Public Safety Standards and Training (DPSST) number.
   2. 2.  Any person arrested in the City of Portland has the right to know the identity of the arresting officer. When practical, safe, and tactically feasible, officers will identify themselves to the subject of arrest, holding, or detention.
5. E.  Masking and identification exceptions.
   1. 1. Plainclothes operations. The requirements of Subsections 23.30.030 B., C., and D.1. do not apply to a law enforcement officer who:
      1. a.  Is engaged in undercover duties as part of the regular performance of the officer's official duties.
      2. b.  Is engaged in security or escort details as part of the regular performance of the officer's official duties.
      3. c.  Responds to exigent circumstances, if the officer is responding to those circumstances while off duty.
      4. d.  Is a detective assigned to and actively engaged in investigative duties, including interviewing victims and witnesses.
   2. 2.  Approval and documentation. When a facial-covering exemption under Subsections 23.30.025 A.2. and 3. is used by a PPB officer, the operational necessity must be documented. Exemptions taken under Subsection 23.30.025 A.2. must follow documentation requirements a-d below. Exemptions taken under Subsection 23.30.025 A.3. must follow documentation requirements Subsections b.-c. below:
      1. a.  The PPB officer's full name;
      2. b.  Assigned duties or deployment at the time of the exception;
      3. c.  The specific rationale for the exception; and
      4. d.  The name and rank of the supervising PPB officer who authorized the exception or who was notified and ratified the exception when prior approval was not practicable.
   3. 3.  Facial covering exceptions used by a law enforcement officer shall not be used to impair review of, or accountability for, their official actions.

1. A.  Scope. This Section applies when a person lacking immediate proof of authority is engaged in conduct that would be unlawful for a civilian but would be lawful only if the person were a sworn law enforcement officer acting within the scope of official duties.

   PPB officers shall make reasonable efforts to determine whether the person is, in fact, a law enforcement officer acting under lawful authority.  If such determination cannot immediately be made, an officer will proceed with a preliminary investigation.

   Verification procedures under this Chapter shall be implemented in a manner consistent with Oregon law.

2. B.  Preliminary investigation. PPB officers will conduct a preliminary investigation.PPB officers will notify a supervisor and investigate the situation for a potential criminal act. Officers will contact possible agencies or dispatch centers to verify their authority.
3. Preliminary investigations may continue until PPB, based upon the totality of the circumstances, determines whether reasonable suspicion exists to believe the person has committed, is committing, or is about to commit a criminal offense.
4. C.  Investigations with reasonable suspicion. When reasonable suspicion exists based on the totality of circumstances including but not limited to information gathered in the preliminary investigation in Subsection 23.30.050 B., that the person has committed, is committing, or is about to commit a criminal offense, PPB officers will treat the situation as a potential criminal act, as permitted by law and may detain the person.
   1. 1.  Any commands, restraint, or detention must be limited in scope and duration to what is reasonably necessary to confirm or dispel the officer's reasonable suspicion and to address legitimate safety concerns.
   2. 2.  PPB officers will, when supported by reasonable suspicion and as permitted by law, issue commands, restrain, or detain the person claiming to be a law enforcement officer to preserve public safety, and investigate the conduct.
   3. 3.  If it is determined that the person is a law enforcement officer acting within the scope of lawful duties, PPB officers shall promptly end any continued detention or restraint and document the circumstances of the encounter.

1. A.  Scope. This Section refers to all police actions and encounters undertaken as outlined in Section 23.30.050.
   1. 1.  Incident reporting and documentation. All police actions and encounters will be documented in writing including the time and location of the incident; what instigated police involvement; indicia of authority observed or absent; steps taken to verify law enforcement authority; and the outcome.
   2. The written report will also include whether the conduct is determined to be criminal, and any relevant police report number. The written report will include, if known, the investigated law enforcement officer's name, badge number, and agency. If the PPB officer observed that the person in question was wearing a mask, or was not wearing a badge, or was not wearing either a permanent identifying number or a name tag, the report shall include that information.
   3. 2. Body-worn camera. Where possible, encounters should be recorded on body-worn camera to the extent allowed by law and in accordance with Portland Police Bureau body-worn camera policy. Body-worn camera footage under this Section will be retained by the City for the maximum period allowed by law.

1. A. The Portland Police Bureau will include in its Annual Report to the City Council details of compliance with this Chapter. The report will include a summary of the number and nature of mask exemptions. The report will also include all verification incidents in Section 23.30.050, the external law enforcement agencies with which authority was verified, and the outcomes.
2. B.The Portland Police Bureau shall inform interagency partners known to be operating in the City of the standards established by state law and this Chapter.

Nothing in this Chapter shall be construed to supersede, limit, or otherwise diminish any rights, protections, or regulatory requirements established under federal law, or under the Americans with Disabilities Act or occupational-safety regulations. Officers shall comply with this Chapter in a manner consistent with all applicable state and federal laws. The City will comply with any bargaining obligations as required under the Public Employees Collective Bargaining Act (PECBA).

If any part or provision of this Chapter, or application thereof to any person or circumstance, is held invalid, the remainder of this Chapter and the application of the provision or part thereof to other persons not similarly situated or to other circumstances will not be affected by it and will continue in full force and effect. To this end, provisions of this Chapter are severable.

A violation of this Chapter does not constitute a criminal offense and is not subject to the general penalty provisions of Portland City Code Section 1.01.110.

This Chapter regulates the conduct of law enforcement officers and agencies while performing official duties and shall be implemented through administrative, supervisory, employment, or civil processes authorized by law.

The Mayor or Council by resolution may authorize the City of Portland to bring a lawsuit seeking injunctive relief requiring officers of an agency to abide by the masking and identification standards of this Chapter that apply to such officers.