1. A.  Portland City Charter, Chapter 2, Article 10 Community Police Oversight Board has established the City of Portland Community Police Oversight Board. The name of the Board is the Community Board for Police Accountability (CBPA). The CBPA will exercise independent judgment in performing all legally assigned powers and duties. The Mayor, City Council, Auditor, City Administrator and Deputies, and City departments, bureaus, and other administrative agencies must not interfere in the exercise of the CBPA’s independent judgment. 
   1. 1.  Reporting to the CBPA and established by this Code is the Office of Community-based Police Accountability (OCPA). 
   2. 2.  The CBPA and OCPA collectively form the Oversight System. References to Oversight System in this Code refer to the CBPA and OCPA, consistent with their roles and functions as outlined in Charter and this Code. 
   3. 3.  The Oversight System will report to a Deputy City Administrator in the same manner as other City bureaus. The CBPA may delegate authority given to it under the Charter and this Code to the OCPA, to permit the Oversight System to fulfill its obligations established under Portland City Charter 2, Article 10 Community Police Oversight Board.
   4. 4.  The physical office of the Oversight System will be located outside of a Portland Police Bureau (PPB) facility. 
   5. 5.  The Oversight System will develop working relationships with other parts of City government to ensure its ability to participate in relevant City processes related to the tasks required of the CBPA by law or regulation. 
2. B.  Purpose. The Oversight System will independently investigate sworn employees and supervisors thereof within the PPB promptly, fairly, and impartially, and impose discipline if determined appropriate by the CBPA, and make recommendations regarding police practices, policies, and directives to PPB with a primary focus on community concerns. 
3. C.  The CBPA may recommend administrative rules to the Chief Administrative Officer, as applicable, and thereafter to the City Administrator, who will have final rule-making authority. The CBPA is authorized to adopt operating policies and procedures that apply to the Oversight System as necessary to carry out their duties, and bylaws that apply to the CBPA. The CBPA will subject all of its administrative rules, policies, procedures, and bylaws to a community input period that will last not less than 30 days, except that the CBPA may adopt policies, procedures, and bylaws in an urgent situation that will be in effect no longer than 90 days and thereafter will follow the community input process. The Chief Administrative Officer or the City Administrator may adopt temporary administrative rules that will be in effect no longer than 90 days and thereafter will follow the community input process.
4. D.  Copies of all current administrative rules, policies and procedures, and bylaws will be posted on the Oversight System’s website. 

1. A. Accountabilityrefers to a comprehensive system of checks and balances aimed at ensuring that when a covered employee violates City rules or PPB policy, including when such violation is damaging to other individuals or the community at large or constitutes a failure to carry out their duties properly, they are held responsible through a fair and impartial process that helps foster community trust with police.
2. B. Administrative investigation or investigation is an employment investigation into an allegation of a covered employee’s violation of City rules or PPB directives and that may result in disciplinary or corrective action in the employment relationship. This does not preclude criminal investigations or investigations by the Office of the Ombudsman, Elections office, and other similar offices that do not result in disciplinary action in the employment relationship.  
3. C. CBPA refers to the Community Board for Police Accountability and members thereof, the community police oversight board established under Portland City Charter, Chapter 2, Article 10, Section 2-1001 City of Portland Community Police Oversight Board.
4. D. Complainant refers to a person who has filed a complaint of misconduct against a covered employee and was the recipient of alleged misconduct, as distinct from a third-party complainant. 
5. E. Covered employee is a sworn employee and supervisors thereof within PPB. The Chief of Police is not a covered employee under Portland City Charter, Chapter 2, Article 4, Section 2-401(g) Duties.
6. F. Director is a Bureau Director for purposes of Portland City Charter, Chapter 4, Article 3, Section 4-301 Classified Service. 
7. G.  Immediate family member means a parent, spouse, domestic partner, child, or sibling but does not include a family member who is estranged. 
8. H.Independent judgment refers to the ability to make considered decisions or come to sensible conclusions that are not dependent on another's authority, free from outside control, including improper influence from law enforcement, political actors, and other special interests looking to affect the operations of the Oversight System. The exercise of independent judgment must be fair, reasonable, objective, and consistent with applicable laws, rules, policies, and procedures.
9. I.Just causeper ORS Chapter 243.808 and ORS 236.350, is a cause reasonably related to the public safety officer’s ability to perform required work. The term includes a willful violation of reasonable work rules, regulations or written policies. 
10. J. Law enforcement agency means county sheriffs, municipal police departments, public university police departments, state and federal police agencies, and municipal, state and federal corrections agencies. 
11. K.Notice occurs when it is sent or otherwise communicated to the last known contact information. If no contact information was provided to OCPA staff, then notice is not required. 
12. L. OCPA refers to the Office of Community-based Police Accountability of the City of Portland and the employees thereof.
13. M. Oversight System refers collectively to the CBPA and OCPA.
14. N. Panel refers to a subset of three members from the CBPA’s full membership empowered to make decisions related directly to cases of allegations of administrative misconduct by covered employees. 
15. O. Preponderance of the evidence is the standard of proof applied to findings and means to prove that something is more likely than not.
16. P. Third-party complainant is a person who has filed a complaint of misconduct against a covered employee and was not the recipient of alleged misconduct.

In the performance of its duties, the CBPA and OCPA are obligated to follow all applicable federal, state, and local laws and rules, including but not limited to the United States Constitution and Oregon Constitution; City Charter; collective bargaining agreements; and Oregon public records, public meetings, and ethics laws. 

1. The CBPA and OCPA have the following powers and duties: 
2. A.  Intake. The OCPA will receive complaints alleging covered employee misconduct and determine the appropriate manner to address the complaint consistent with this Code and CBPA procedure.
   1. 1.  When there is an allegation of misconduct against the Chief of Police, the OCPA will investigate the allegation and report its findings to the Mayor, unless the Mayor opts for another entity to perform the investigation.
3. B.  Initiate and conduct administrative investigations. The OCPA will initiate and conduct administrative investigations that are under its jurisdiction and in the manner described in this Code.  
   1. 1.  For formal investigations conducted by the OCPA, investigation reports will include factual findings and will be resolved in one of two ways: 
      1. a. sustained, meaning the action is found by preponderance of the evidence to have violated City policy; or 
      2. b. not sustained, meaning either the evidence is not sufficient to demonstrate by a preponderance of the evidence that a violation of City policy occurred; or the evidence is sufficient to demonstrate by a preponderance of the evidence that the covered employee’s conduct was lawful and within policy.
   2. 2.  The OCPA will notify the Chief of Police or designee that it intends to conduct an administrative investigation into misconduct before initiating the investigation.
   3. 3.  The OCPA is authorized to obtain information to investigate allegations of misconduct.
      1. a.   The Oversight System is authorized to gather and compel all evidence relevant to an investigation, including access to all police records, to the extent allowed by federal and state law. 
      2. b.  Consistent with other provisions of this Code, the Oversight System is authorized to compel witnesses who are City employees to participate in investigations and to answer all questions completely and truthfully, and to warn City employees that refusal to truthfully and completely answer all questions may result in discipline up to and including termination. The Oversight System will coordinate with City bureaus and Offices, including PPB and any applicable union representative, to schedule investigatory interviews that do not involve deadly force or in-custody death at a time when the employee is on duty and that does not unduly interfere with the operations of the Bureau or Office and consistent with any collective bargaining agreement. The investigation will not be unreasonably delayed. The Oversight System is authorized to compel and subpoena witnesses outside of City employment to the extent allowed by law. 
   4. 4.  Access to information. Notwithstanding any other provision of City law, OCPA is authorized to access, examine and copy, without payment of a fee, any Bureau or Office information and records relevant to an investigation, including confidential and legally privileged information and records, so long as privilege is not waived as to third parties, and police databases, subject to any applicable state or federal laws. The Oversight System shall not disclose confidential or legally privileged information or records and is subject to the same penalties as the legal custodian of the information or records for any unlawful or unauthorized disclosure. 
      1. a.   References to records includes all records as defined under Oregon Public Records Law. 
      2. b.  PPB and other City Bureaus and Offices shall not unreasonably delay in providing records relevant to an investigation to the OCPA. Information received under this provision by the Oversight System shall not be used in a way that undermines or interferes with an ongoing criminal investigation or prosecution.
4. C.  Recommend policy changes. The CBPA is authorized to make policy and directive recommendations to PPB. PPB will consider and accept or reject all policy or directive recommendations made by the CBPA. If PPB rejects a policy or directive recommendation, then at the request of the CBPA, City Council must consider and vote to accept or reject the policy recommendations received from the CBPA.  Council’s decision will be binding on PPB.
5. D.  Outreach. The CBPA and OCPA may widely distribute complaint forms in languages and formats accessible to community members and educate them on the process of reporting complaints.
6. E.  Oversight System external audit. The Oversight System is authorized to hire a qualified independent third-party expert to audit the Oversight System’s closed investigations and its disciplinary decisions pertaining to officer-involved shootings, deaths in custody, and uses of deadly force that do not result in death to assess and provide recommendations. For purposes of this Section, closed investigation means that the investigation has been completed, a determination was made not to issue discipline or any discipline arising from the incident has been issued and the covered employee’s grievance and appeal rights have been exhausted.
   1. 1.  Consistent with applicable law and collective bargaining agreements, the completed reviews of these closed investigations will be described in periodic reports available to the public. Names of any individuals, including but not limited to covered employees or community members and complainants, that have not already been publicly released by the City will be redacted or otherwise changed to maintain privacy. (E.g., Employee A, Community Member A, etc.)
   2. 2.  These reports will be presented to the public and City Council.
7. F.  Annual reports. The CBPA will annually publish a written report with an executive summary. The report will be presented at a public meeting of the CBPA. The annual report will also be presented at a public City Council.   
8. The annual report must include the following information: 
   1. 1.  Overview of the CBPA, its staff, and its functions;
   2. 2.  Summary of recommendations submitted by the CBPA to the Police Bureau, and if applicable City Council, regarding changes to PPB policy and directives along with outcomes for each listed recommendation;
   3. 3.  An implementation update for accepted policy recommendations;
   4. 4.  Summary of complaints received by the Oversight System over the year, while not disclosing confidential information or information exempt from disclosure under public records laws. All names of covered employees and community members that have not already been publicly released by the City will be anonymized. (e.g., Employee A, Community Member A, etc.); 
   5. 5.  The number of covered employees who have two or more sustained complaints within one year; 
   6. 6.  The number of complainants who filed multiple complaints, and issues that were raised by multiple complaints; 
   7. 7.  Demographic profiles of the complainants to the extent that information exists or is voluntarily provided by the complainants;
   8. 8.  Number and percentage of intake complaints that were appealed for reconsideration by the Director and the outcome of those appeals; 
   9. 9.  Number and percentage of cases referred to mediation; 
   10. 10. Number, percentage, and type of informal outcomes, cases not sustained, non-disciplinary corrective actions, and discipline decisions that were imposed;
   11. 11.  Number of discipline decisions that were grieved under the applicable collective bargaining agreement or appealed to the Civil Service Board and whether discipline was upheld, modified, or overturned; 
   12. 12.  Number of times a PPB employee failed to comply with the Oversight System’s request for an interview or for the production of documents, and the number of times a PPB sworn employee failed to comply with a valid subpoena, and whether discipline was imposed for any such non-compliance;
   13. 13. Number of closed cases involving either uses of deadly force or deaths in custody;  
   14. 14.  Number of cases in which the Oversight System failed to complete its administrative investigation within 180 days of commencement of an investigation; 
   15. 15. List of CBPA-member-required trainings and percentage of CBPA members who have completed each training; 
   16. 16.  Identification of trends with respect to complaint types and frequency, and consistency of corrective action imposed; and 
   17. 17.  Participant satisfaction survey results and community and PPB feedback.
9. G.  Data dashboards. The Oversight System will develop interactive data anonymized dashboards.
10. H.  Legal Advice. The Oversight System may obtain legal advice and representation from the City Attorney, or may retain or employ outside legal counsel in a manner consistent with the procedures of Portland City Code Section 5.68.060 Outside Legal Services. 
11. I.  Subpoenas. The CBPA is authorized to issue and enforce all categories of subpoenas to the extent allowed by law.