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35.40.030 Oversight System Jurisdiction.

City code section
  1. A.  The Oversight System will accept complaints from any source. The CBPA is authorized to perform an administrative investigation into complaints against covered employees to determine compliance with City or Police Bureau policy, as well as all deaths in custody and uses of deadly force by sworn members of the Police Bureau unless otherwise stated in this Code. 
  2. B.  The Oversight System is authorized to administratively investigate complaints against covered employees for violation of City or PPB policy as follows:
    1. 1.  All allegations of excessive force; 
    2. 2.  Discrimination against a protected class as defined by local, state, or federal law in consultation with a BHR Business Partner;
    3. 3.  Violations of federal or state constitutional rights;
    4. 4.  Negligent discharge of a firearm, outside of a PPB Training event;
    5. 5.  Biased-based policing;
    6. 6.  Complaints referred to the Oversight System by Internal Affairs and accepted by the OCPA;
    7. 7.  Officer failure to identify, consistent with ORS 181A.704; 
    8. 8.  Complaints brought by a PPB sworn member who requests Oversight System investigation; and
    9. 9.  Where there is a complaint or investigation that includes allegations in addition to one of those listed in Subsections 35.40.030 B.1.-9., the Oversight System will have jurisdiction over the entire complaint. 
  3. C.  The CBPA may also investigate other allegations of misconduct by covered employees as the CBPA deems fit, provided that the CBPA first brings an ordinance to Council to amend this Code and add the newly covered misconduct to this Code Section. 
  4. D.  If a criminal investigation has been initiated against the involved member, or during the course of an Oversight System administrative investigation a basis for conducting a criminal investigation arises, the Oversight System will immediately advise the City Attorney or designee prior to initiating or continuing an administrative investigation. The Oversight System may toll the administrative investigation of the involved officer while the criminal investigation is ongoing, but must not interfere with the criminal investigation. The administrative investigation of an involved member in a deadly force or in-custody death case is not interference. In no event will the Oversight System interview the covered employee, except for the initial administrative investigatory interview in an instance of deadly force or an in-custody death, until the entity investigating the criminal charges advises the Oversight System that such interview will not interfere with the criminal investigation. The Oversight System will take all steps necessary to meet constitutional requirements and comply with existing provisions of City labor agreements. The Oversight System will have no role or responsibility in conducting criminal investigations of any kind.
  5. E.   The following types of complaints which are outside the CBPA’s jurisdiction, will be handled as follows: 
    1. 1.  When the complaint involves an allegation of a violation of Human Resources Administrative Rule 2.02, the complaint must be referred to the Bureau of Human Resources within two business days. If the HRAR 2.02 allegation is covered under this Code Subsection, then the Oversight System must include a BHR Business Partner in the investigation. 
    2. 2.  When the alleged violations are not under the CBPA’s authority to investigate, the matter will be referred to the appropriate investigatory City or outside entity. For these cases, the following process applies:
      1. a.   The OCPA Director or designee will receive access to the full PPB administrative investigation case file and report. The OCPA Director or designee will only permit access to the full case file and report for purposes of preparing written feedback and recommendations. The OCPA Director or designee and those with access to this information must treat it as confidential. 
      2. b.  The OCPA Director or designee will have not less than 21 days to submit written feedback and recommendations.
      3. c.   The OCPA Director or designee is authorized to provide summaries of these matters to the CBPA. Such summaries must be provided in executive session provided such session is in compliance with Oregon public meetings laws. 

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