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35.10.010 Creation of City of Portland Community Police Oversight Board (CBPA).

Label: City code section
  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. 
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