Title 35 Community Police Oversight Board

(Title added by Ordinance 191892, effective October 11, 2024)

Chapter 35.10 Purpose

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

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 Systemin 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.
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.
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.
D.Copies of all current administrative rules, policies and procedures, and bylaws will be posted on the Oversight System’s website.

35.10.020 Definitions.

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.
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.
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.
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.
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.
F. Director is a Bureau Director for purposes of Portland City Charter, Chapter 4, Article 3, Section 4-301 Classified Service.
G. Immediate family member means a parent, spouse, domestic partner, child, or sibling but does not include a family member who is estranged.
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.
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.
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.
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.
L. OCPA refers to the Office of Community-based Police Accountability of the City of Portland and the employees thereof.
M. Oversight System refers collectively to the CBPA and OCPA.
N. Panel refers to a subset of three members from the CBPA’sfull membership empowered to make decisions related directly to cases of allegations of administrative misconduct by covered employees.
O. Preponderance of the evidence is the standard of proof applied to findings and means to prove that something is more likely than not.
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.

35.10.030 Obligation to Follow Law.

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.

35.10.040 Powers and Duties of the Oversight System.

The CBPA and OCPA have the following powers and duties:
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.
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.
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.
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.
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.
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.
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.
G. Data dashboards.The Oversight System will develop interactive data anonymized dashboards.
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.
I. Subpoenas. The CBPA is authorized to issue and enforce all categories of subpoenas to the extent allowed by law.

Chapter 35.20 The Community Board for Police Accountability

35.20.010 CBPA Membership.

A. Number of members and alternates.
1. 1. The CBPA shall consist of 21 members.
2. 2. The CBPA shall also have six alternates, appointed by Council from individuals who apply for CBPA membership and meet the qualifications included in this Code Section. Alternates must be available to serve when a CBPA position is vacated. Alternates must complete all requirements necessary to be prepared to act as a replacement. The Council will appoint an alternate to the CBPA when a CBPA position is vacated. Until appointed as a CBPA member, alternates may not serve on the CBPA.
B. Appointment process.CBPA members and alternates are appointed by a vote of the City Council.
1. 1. CBPA members are appointed but will not serve on the CBPA until they have passed the background check provided for in this Section. If a person does not pass, or fails to comply with, the background check, then Council will appoint another CBPA member.
2. 2. A nominating committee comprised of members as listed below will solicit applicants for the CBPA, and a majority of members will refer potential CBPA members to City Council. The initial nominating committee will be as stated below, except in lieu of subparagraph (a) below there will be two members of the Citizen Review Committee, and in lieu of subparagraph (b) below Council will each appoint one member. The nominating committee is comprised of the following members:
  1. a. Two CBPA representatives;
  2. b. One community member from each Council district as designated by the Council members of that district;
  3. c. One representative from the Office of Equity and Human Rights;
  4. d. One representative designated by the Chief of Police;
  5. e. One representative from Portland Police Association; and
  6. f. One representative from Portland Police Commanding Officers Association.
C. Quorum Requirements.
1. 1. Matters Affecting CBPA: A simple majority of the full CBPA shall constitute a quorum of the CBPA for decisions about procedures, protocols, or other decisions of the CBPA provided for in this Code Section. Unless otherwise stated in this Code, a simple majority of the full CBPA must vote in favor of adopting procedures, protocols, and other decisions of the CBPA provided for in this Code Section for such to go into effect.
2. 2. Removal: Removal of the OCPA Director requires a yes vote of two-thirds of the full CBPA.
3. 3. CBPA Review Panels: All panel members are required to be present to establish a quorum.
D. Qualifications and Selection Criteria: Prospective CBPA members will be considered for vacancies on the CBPA based upon the following qualifications and selection criteria:
1. 1. CBPA members must live or work in the City of Portland for at least 12 months prior to their appointment.
2. 2. In making appointments, Council will make provisions to ensure the CBPA’s membership includes representation from diverse communities including those with diverse lived experiences, particularly those who have experienced systemic racism and those who have experienced mental illness, addiction, or alcoholism.
3. 3. Individual CBPA members must have a commitment to police accountability, fairness, and ensuring that PPB policies do not violate state and federal constitutional rights. Individual CBPA members must also commit to upholding the City’s core values of anti-racism, equity, transparency, communication, collaboration, and fiscal responsibility.
4. 4. CBPA members must be capable of making fair, objective and impartial decisions consistent with applicable laws, rules, policies, and procedures and based on the evidence presented to them in an environment where controversy is common.
E. Prerequisites for Service on the CBPA:
1. 1.A prospective CBPA member must comply with ORS Chapter 244 Government Ethics and Portland City Code, Chapter 1.03 Code of Ethics and disclose at the time of their application any potential or actual conflicts of interests. The City Attorney’s Office will conduct a check of prospective CBPA members for legal conflicts.
2. 2. The CBPA member must sign a confidentiality agreement.
3. 3. Background Check. Members must pass a criminal background check by an entity other than the PPB to conduct such check. Background checks must comply with all laws, including the Fair Credit Reporting Act. A background check includes consideration of any potential Criminal Justice Information Services (CJIS)-authorized waivers or exceptions for access to protected information. The Chief Administrative Officer or Deputy City Administrator assigned to the Oversight System will make the final determination as to whether an applicant has passed a background check.
F. Restrictions on CBPA Membership. The following individuals are not eligible for service on the CBPA:
1. 1. An individual currently employed by a law enforcement agency;
2. 2. An immediate family member of an individual currently employed by a law enforcement agency;
3. 3. Any individual who has a demonstrated bias for or against law enforcement; and
4. 4. An individual formerly employed by a law enforcement agency.
G. Training and Other Requirements.CBPA members and alternates must complete these training and other requirements within six months of appointment, unless extended for good cause. CBPA members are not authorized to vote on Administrative Investigations prior to completing these requirements unless the Deputy City Administrator authorizes their participation in the vote. Such permission is only authorized for CBPA members who have made a good faith effort to complete the requirements herein and there is good cause for any missing requirements.
1. 1. Complete all paperwork necessary to ensure access to City resources, including compensation and other support services;
2. 2. Complete orientation and training applicable to all members of a City advisory body;
3. 3. Become familiar with the Portland City Charter, Chapter 2, Article 10 Community Police Oversight Board, and chapters of this Code that address the CBPA’s roles and responsibilities;
4. 4. Receive training on the CBPA’s history, internal structure and processes, including CBPA bylaws, rules and procedures;
5. 5. Become familiar with 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; ORS 243.808-812; ORS 236.350-370; and Oregon public records, public meetings, and ethics laws, in consultation with the City Attorney’s Office;
6. 6. Fulfill training and other requirements to access police databases, including any annual renewal requirements;
7. 7. Receive instruction about Portland Police Bureau’s history, procedures, policy development process, and PPB’s training on de-escalation, equity, bias-based policing, and crisis intervention;
8. 8. Participate in at least one PPB "ride-along" and one PPB community academy;
9. 9. Participate in an educational opportunity to learn about the perspective of people who have been negatively impacted by police interactions;
10. 10. Attend training on national best practices for civilian oversight of law enforcement misconduct;
11. 11. Receive training about the City’s Civil Service Board;
12. 12. Receive training on relevant City personnel policies and procedures, procedural justice, and equity and implicit bias;
13. 13. Receive training on using video footage in administrative or force investigations, limitations of video evidence, human performance dynamics and limitations, and cognitive interviewing techniques; and
14. 14. Receive training in the legal requirements for maintaining the confidentiality of personnel records and other confidential documents or information.
The OCPA will offer training at least annually for CBPA members and alternates.
H. Term Lengths and Renewability.
1. 1. CBPA members and alternates will each serve a term of three years, unless reappointed by Council. An alternate CBPA member appointed to a CBPA vacancy will serve the remainder of the vacant term.
2. 2. Initial appointment lengths may be staggered.
3. 3. CBPA members and alternates may apply to renew their term and will be considered for the position by the CBPA nominating committee.
4. 4. A CBPA member may be granted a leave of absence for good cause as approved by the Bureau of Human Resources, including in instances of illness, injury or other personal hardship.
I. CBPA Member Support and Compensation.CBPA members are eligible for compensation subject to applicable law, City policy, and rulemaking. This compensation may be up to the maximum allowable for volunteers under applicable law, subject to City Council approval. Additional reimbursement to CBPA members for expenses associated with service on the CBPA may be authorized subject to City Council approval. The CBPA may establish non-financial support systems within or outside of City structures to support CBPA members subject to City Council approval.

35.20.020 Resignation and Removal from CBPA.

A. A CBPA membermay resign prior to the expiration of their term and will provide written notice to the CBPA and the Director.
B. City Council may remove a CBPA member for cause. Cause for removal may include, but is not limited to:
1. 1. Official misconduct (See ORS 162.405-162.415);
2. 2. Repeated and excessive unavailability for service, including unexcused absences, failure to participate, or inactivity;
3. 3. Excessive excused absences;
4. 4. Failure to timely disclose an actual conflict of interest;
5. 5. Loss of eligibility to serve, including no longer meeting any of the requirements such as living or working in the City of Portland;
6. 6. Member’s, or immediate family member’s, employment by a law enforcement agency;
7. 7. Failure to read entire case files and adequately prepare for reviews;
8. 8. Breach of confidentiality;
9. 9. Objective demonstration of bias for or against the police;
10. 10. Failure to attend scheduled training or to complete training within six months of appointment or after any granted extensions;
11. 11. Misconduct, such as harassment, discrimination, and retaliation;
12. 12. Conduct that constitutes an improper disclosure of private information as defined in ORS 30.835; or
13. 13. Any other cause which impacts the CBPA’s effective operations.
C. The Deputy City Administrator or designee will confirm eligibility to serve on the CBPA not less than annually.
D. The Bureau of Human Resources will investigate allegations of misconduct regarding CBPA members and communicate their findings to City Council. The BHR Director may recommend, and the Deputy City Administrator may suspend the CBPA member from duties pending the resolution of the allegations.

35.20.030 CBPA Budget.

A. The CBPA’s budget will be publicly disclosed, and must comply with all State, City, Procurement, and City Budget Office budget requirements.

B. Council will adopt a budget at the conclusion of the budget cycle that is proportional to five percent of the concurrently adopted PPB annual operating budget.

Chapter 35.30 The Office of Community-based Police Accountability

35.30.010 Director Roles, Responsibilities, and Delegation.

A.The CBPA will hire a Director to manage the professional administrative staff and professional investigators, and to make operational and administrative decisions. The Director is a Bureau Director for purposes of Portland City Charter, Chapter 4, Article 3, Section 4-301 Classified Service and will be appointed by, and serve at the will and pleasure of, the CBPA.
1. 1. The same nominating committee that provides recommendations for CPBA member appointments will review applicants for Director and make recommendations to the CBPA.
B. Professional staff of the Oversight System will be appointed by and serve under the direction of the Director. Such appointment and service must comport with all City and classified service requirements.
C. As part of the professional staff of the OCPA, the Director will hire complaint navigators to help complainants navigate their cases. All complaint navigators will be trained on culturally sensitive and trauma-informed support.
D. The Director makes operational and administrative decisions for the OPCA.
E. The Director is authorized to adopt, amend, and repeal policies, procedures, and forms to implement the provisions of this Code and CBPA rules, including for the discharge of its duties.
F. The Director may delegate to a designee any or all duties or responsibilities.

35.30.020 Staff Training and Qualifications.

A.All OCPA employees must be trained on the areas that are required for CBPA members in Subsections 35.20.010 G.3.-10. and 12.-14.
B. All OCPA employees who will have access to legally protected information must pass a criminal background check performed by an entity other than the PPB. Background checks must comply with all laws, including the Fair Credit Reporting Act. A background check includes consideration of any potential CJIS-authorized waivers or exceptions for access to protected information.
C.Investigators must also complete training in:
1. 1. CBPA policies and directives;
2. 2. Interviewing techniques;
3. 3. Trauma-informed service delivery; and
4. 4. Other relevant training needs as identified by the Director.

35.30.030 Staff Community Engagement.

A. The CBPA will conduct public education on the role of the Oversight System and community members’ rights, keeping the community informed of its activities, how to file complaints, and receive input.
B. The outreach will be conducted in ways that are accessible in terms of language, abilities, and other considerations.
C. Community engagement will include discussions on how to improve police practices and policy, which includes soliciting community input.
D.Educate the public about the processes of the Oversight System and the corrective action goals.

Chapter 35.40 Process for OCPA Investigation and CBPA Review

35.40.010 Elements of Administrative Process.

A. Beyond the requirements listed here and in other parts of this Code, the Oversight System will develop rules and procedures for receiving and processing complaints, conducting investigations, reporting of findings, conclusions and recommendations, and taking of disciplinary action consistent with any binding disciplinary rules and applicable collective bargaining agreements or statewide standards.
B. Investigations must be conducted in a manner that is ethical, independent, thorough, timely, fair, and impartial.
C. Interviews
1. 1. Interviews with covered employees must be audio-only recorded and conducted in a manner that is consistent with state law and any applicable collective bargaining agreement.
2. 2. Interviews with complainants and witnesses must be audio-only recorded.
  1. a. When a complainant or witness is concerned about public release of their information, they may request that the information be treated as confidential. The CBPA and OCPA may adopt a rule for handling of such information consistent with Oregon Public Records laws.
3. 3. Investigations will be completed even if an officer retires, resigns, or is terminated.

35.40.020 Timelines for Completion.

The CBPA will adopt an administrative rule regarding the timelines for completion of investigations and any matters related to discipline.

35.40.030 Oversight System Jurisdiction.

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.
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.
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.
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.
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.

35.40.040 Administrative Investigation and Discipline Process.

A. When the Oversight System receives a complaint regarding alleged misconduct of a covered employee, OCPA will:
1. 1. Intake:
  1. a. Assign a case number;
  2. b.Conduct a preliminary investigation, including gathering information about the complaint through an intake interview. All facts as alleged are assumed to be true for purposes of case handling decisions as outlined in Subsection 35.40.090 A.2.;
  3. c. Determine whether facts as alleged constitute a policy violation under the Oversight System’s jurisdiction.
2. 2. Make a case-handling decision:
  1. a. Facts alleged constitute a policy violation. Conduct a full investigation when facts as alleged constitute a policy violation under the Oversight System’s jurisdiction, except as follows:
    1. (1)When the matter falls under Subsection 35.40.040 A.2.d.(1), the Oversight System may refer complainant and covered employee to mediation and close the case; or
    2. (2) Where there is clear and convincing evidence that the covered employee did not engage in misconduct. Allegations of excessive force are subject to full investigations unless there is clear and convincing evidence that the allegation has no basis in fact.
  2. b. Facts alleged do not constitute a policy violation or are a minor matter. Administratively close the complaint when facts as alleged do not constitute a policy violation under the Oversight System’s jurisdiction or the misconduct, other than for excessive force, would be so minor that the matter would be better addressed through other means;
    1. (1) If a complainant disagrees with the OCPA staff’s decision to administratively close a complaint, they can appeal the decision if within 14 days of the date the notice of administrative closure is sent to the complainant or they are otherwise notified, they file a request for the OCPA Director or designee to review the decision to administratively close the complaint to determine if the Investigator gave proper consideration to the allegations. The CBPA will adopt a rule for this appeal process.
  3. c. Refer to other City entity or outside entity if not within the Oversight System’s jurisdiction; or
  4. d. Mediation when:
    1. (1) the misconduct would be so minor that the matter would be better addressed through other means; or
    2. (2) when a case is administratively closed and mediation could benefit the relationship between PPB and the community member.
3. 3. If appropriate for a full investigation, identify the allegations or possible rule violations.
4. 4. Complete an investigation report outlining the evidence obtained during the investigation and make a recommendation as to whether the evidence supports a finding of sustained or not sustained.
5. 5. Provide notice in writing, if possible, to the complainant and covered employee stating the allegations and the investigator’s recommendation to either sustain or not sustain as to each allegation.
6. 6. The complainant will have not less than 14 days to provide an impact statement and any additional information they believe has not already been considered.
7. 7. The covered employee will have not less than 14 days to provide any additional information they believe has not already been considered.
8. 8. Provide to the Chief of Police or designee access to the full case file and investigation report. The Chief or designee will only permit access to the full case file and investigation report for purposes of preparing written feedback or recommendations. The Chief or designee and those with access to it must treat the information as confidential. The Chief or designee will have not less than 21 days to submit written feedback or recommendations. If the Complainant or covered employee provides additional information, the Chief or designee will receive such information and have five days to provide additional written feedback or recommendations.
9. 9. Submit the full case file, the investigation report, and any submissions from the Complainant, covered employee, and the Chief of Police or designee to the CBPA.
10. 10. The OCPA will provide a complaint navigator no later than on intake of a complaint by the Oversight System to conduct a full investigation. The CBPA may adopt a rule requiring assignment of a complaint navigator earlier in the process.

35.40.050 Investigations of Deadly Force and In-Custody Deaths.

The CBPA is authorized to perform an administrative investigation into all deaths in custody and uses of deadly force.

A. In use of deadly force and death in custody cases, the OCPA Investigators must coordinate with criminal investigators.
B. No later than 48 hours after the event, the OCPA’s investigator will take a compelled statement after issuing a Garritywarning, unless the covered employee is incapacitated.
C. No CBPA member or OCPA employee may disclose any compelled statements taken pursuant to this Code Section, any evidence derived from those statements, or any information whatsoever gathered as part of the use of deadly force or in-custody death investigation to anyone outside of the CBPA, OCPA, the City Attorney’s Office, or the Chief of Police or designee until the conclusion of any and all criminal proceedings against the covered employee.
D. When an incident involves police use of deadly force or a death in custody, PPB will notify the Director or designee as soon as possible after the incident. The Director or designee will go to the scene and abide by police procedures and applicable law. A complaint navigator will be assigned as soon as practicable.
E. The OCPA will have access to PPB’s criminal investigatory records relevant to the deadly force or in-custody death case and must maintain such records confidentially unless authorized otherwise by the Chief of Police or designee.
F. OCPA will review the use of deadly force and deaths in custody to determine if the use of such force complied with policy. This investigation will not only review the officer who used force but will include a review of the supervisors.
G. The OCPA will coordinate with PPB Training Division to provide access to transcripts and the investigative file throughout their investigation. PPB Training Division will review the investigation to determine whether the actions of covered employees were consistent with training and whether those actions reflect training deficiencies. The Training Division will present its analysis to the CBPA.
H. Complete an investigation report outlining the evidence obtained during the investigation and make a recommendation as to whether the evidence supports a finding of in or out of policy.
I. The Chief of Police or designee will receive access to the full case file and investigation report. The Chief or designee will only permit access to the full case file and investigation report for purposes of preparing written feedback or recommendations. The Chief or designee and those with access to it must treat the information as confidential. The Chief or designee will have not less than 21 days to submit written feedback or recommendations.
J. The OCPA will thereafter submit the full case file, the investigation report, and any submissions from the Chief of Police or designee to the CBPA.
K. All uses of deadly force and in-custody death cases will be reviewed by a quorum of the full CBPA.
L.The CBPA review will follow the procedure as outlined in Subsections 35.40.060 A. and C.-F.
M. If the CBPA determines the use of deadly force or in-custody death was out of policy, the OCPA will, if possible, provide notice to the person on whom deadly force was used or their survivor and an opportunity to provide an impact statement to the CBPA. Such notice will occur simultaneously to issuance of a proposed discipline letter.
N.All interviews of City and PPB employees must be conducted in conformance with legal requirements and collective bargaining provisions.

35.40.060 CBPA Review.

A. All uses of deadly force and in-custody death cases will be reviewed by a quorum of the full CBPA and in the manner stated in Section 35.40.050.
B. For all other cases within the CBPA’s jurisdiction, the CBPA will establish review panels to make findings based on the investigation and determine whether City rules or PPB directives were violated.
1. 1. Panels will be comprised of three CBPA Members, who must attend all reviews for the assigned case.
2. 2.Panel assignments will be made in rotation and in a manner that will ensure the panel reflects the demographic and life experience make-up of the CBPA to the extent possible. Altogether, the CBPA will ensure a balance that allows the panel as a whole to benefit from the knowledge and expertise of its individual members.
C. Findings and investigation review.
1. 1. Case presentation.At the findings review, the OCPA investigator or designee will present the report to the CBPA for uses of deadly force and in-custody deaths and for all other cases to the reviewing panel members (Reviewing Members) in executive session, unless the covered employees opts for public session. Reviewing members may ask questions and discuss the case.
2. 2.Consensus on investigation. At the conclusion, reviewing members will by non-final majority agreement either:
  1. a. send the matter back for further investigation; or
  2. b. propose to either sustain or not sustain each allegation and explain the facts that support their proposed findings and the policy or directive at issue.
3. 3. Proposed discipline and binding discipline rules.If a majority of reviewing members propose to sustain one or more allegations, those same reviewing members will propose discipline based on any binding discipline rules, such as a collective bargaining agreement or statewide standards. For the purpose of making disciplinary decisions, the reviewing members will have access to the full investigation file and personnel records of the covered employee, including all commendations and prior corrective action.
4. 4. Issuance of proposed discipline. Based on the majority vote of reviewing members regarding proposed discipline, the OCPA staff, in collaboration with the reviewing members, will prepare a written letter to the covered employee detailing the findings and conclusions of the majority vote, as well as the proposed discipline and basis thereof, including the date for a due process review, which will be no sooner than seven days after issuance of the written letter. OCPA staff will also provide the covered employee, and any appropriate union representative, with access to a copy of the file provided to the reviewing panel once the letter is issued.
D. Due process review. The covered employee must be provided a due process review. This review must be held in executive session unless the covered employee opts for public session. This review will provide the covered employee and their representative with the opportunity to present to the reviewing members any information or mitigation as deemed appropriate by the covered employee. The covered employee may waive their right to appear at the due process review and may choose to submit written response. In addition, the Chief or designee will attend the due process review.
E. Final findings review. Except as stated herein, this review must be held in executive session unless the covered employee opts for public session. The covered employee and their representative will be excused at the conclusion of the due process review. The reviewing members will discuss the information presented at the due process review and have access to the full investigation file and personnel records of the covered employee, including all commendations and prior corrective action, for the purpose of making disciplinary decisions.
1. 1.A majority of reviewing members will reach a consensus to:
  1. a. send the matter back for further investigation;
  2. b. either sustain or not sustain each allegation and explain the facts that support their findings and the policy or directive at issue; or
  3. c.recess for not more than sevendays to consider any information from the due process review, after which they will reconvene to reach consensus and then vote to sustain or not sustain each allegation.
2. 2. If a majority of reviewing members reaches consensus to sustain any allegations, they will then reach consensus as to the appropriate corrective action based on any binding discipline rules, such as a collective bargaining agreement or statewide standards.
3. 3. Once consensus is reached, a formal vote must be taken in public session. The formal vote occurs as follows:
  1. a.Reviewing members vote on whether to sustain or not sustain each allegation in a nonidentifying manner, and the allegations must only be referenced for anonymized Employee A as “allegation 1”, “allegation 2”, and so forth.
  2. b. Reviewing members also vote on the appropriate final corrective action to be imposed.
4. 4. Based on the majority vote regarding imposed discipline, the OCPA staff, in collaboration with the reviewing members during executive session, will prepare a written letter to the covered employee detailing the findings and conclusions of the majority vote, a summary of the information presented at the due process review and how that information was considered, the imposed discipline and basis thereof, and the voting tally showing the vote of each reviewing member. Such letter will include the fact of any grievance or appeal rights.
F. Stipulated discipline process.
1. 1. If the case is appropriate for stipulated discipline under Portland City Code, Chapter 3.20 Bureau of Police, prior to referring to the reviewing panel for findings review the Director or designee will recommend findings and proposed discipline and provide notice of such recommendation to the covered employee, who may then request stipulated discipline.
2. 2. If, after the conclusion of the presentation of the case, a majority of the reviewing panel at findings review proposes to adopt the recommendation from the Director or designee for stipulated discipline, the reviewing panel must then go into public session and follow the process outlined in Subsection 35.40.060 E.3. to enter the stipulated discipline determination as final discipline in an anonymized manner. Based on the majority vote of the reviewing members regarding the stipulated discipline, the OCPA staff will prepare a written letter to the covered employee detailing the findings and conclusions of the investigation and the imposed discipline and basis thereof.

35.40.070 Review Procedures.

A. All CBPA and panel reviews must be supported by an OCPA staff member, a neutral facilitator, and a labor and employment attorney from the City Attorney’s Office. The CBPA may adopt rules to include advisory members in CBPA or panel reviews, such as the OCPA Director or designee, and representatives from the PPB Training Division, BHR, and PPB Internal Affairs, but must not include the complainant or the covered employee, except the covered employee may attend the due process review. All attendees must sign a confidentiality agreement.
B. Prior to CBPA and panel reviews, the reviewing members will review all investigative materials and any impact statements from the complainant. Reviewing members must not discuss the matter with other CBPA members until the CBPA or panel review. Reviewing members must not review or consider materials or information outside of the investigative materials, but at the conclusion of the CBPA or panel review, reviewing members may refer the case back to OCPA if additional investigation is warranted.
C. CBPA and panel reviews must be noticed as required by Oregon Public Records laws and in anonymized manner.
D. The reviewing members must only sustain an allegation if the preponderance of evidence supports this finding.

35.40.080 Appeals

A.Appeal of administratively closed complaint.If a complainant disagrees with the OCPA investigator’s decision to administratively close a complaint, they can appeal the decision as provided for in Subsection 35.40.040 A.2.b.(1).

B. Appeals to City’s Civil Service Board or arbitration. If a covered employee chooses to appeal to the City’s Civil Service Board or if a covered employee or their collective bargaining representative files a grievance under a collective bargaining agreement, the reviewing panel will receive a copy of the appeal notice. The CBPA and OCPA will cooperate with the City Attorney’s Office designee handling the appeal or grievance.

35.40.090 Alternative Dispute Resolution.

A. Informal resolution. If the complainant expresses an interest in resolving their complaint informally through discussion with the covered employee's supervisor, the Director will determine whether such resolution is appropriate. Allegations of excessive force are not appropriate for alternative dispute resolution.
1. 1. The Director or designee will confer with the covered employee’s supervisor about the possibility of an informal resolution process, and the supervisor will make a determination whether to resolve the case informally or send it back to the OCPA for full investigation.
2. 2. Once approved for informal complaint resolution, a case can be resolved without full investigation and the complainant will be informed of this decision.
3. 3. If the case is sent back for full investigation by the supervisor, or informal resolution is unsuccessful, the OCPA will inform the complainant.
B. Mediation. The Oversight System is authorized to provide for voluntary, confidential mediation between complainants and covered employees as provided for in this Code and to improve police-community relations. There will be no cost to any party to utilize the mediation option. In addition to other provisions for mediation in this Code, mediation will be offered to the covered employee and complainant after a panel review votes to sustain a finding. Such mediation is not in lieu of discipline, although it may constitute education-based alternative.

Chapter 35.50 Policy Recommendation Process

35.50.010 Policy Recommendations.

A.The CBPA is authorized to make policy and directive recommendations to the Portland Police Bureau and City Council. The Portland Police Bureau must consider and accept or reject all policy or directive recommendations made by the CBPA. If the Portland Police Bureau 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 the Portland Police Bureau.
B. The development of policy recommendations, procedures or practices will incorporate equity and anti-racist lenses.

35.50.020 Response of Chief of Police; Referral to City Council.

A.The Chief of Police or designee, after reviewing a policy or directive recommendation submitted by the CBPA under Section 35.50.010, will respond to the CBPA in writing within a reasonable time, but in no event more than 60 days after receipt of the recommendation. The response will indicate what, if any, of the recommended policy, directive or procedural changes are to be made within the Portland Police Bureau.
B. If the Chief of Police rejects a recommendation, a portion of a recommendation, or fails to respond within 60 days after its receipt from the CBPA, then within 60 days after receipt of the response or failure to respond, the CBPA may submit the matter for consideration and decision by City Council. The CBPA will post the policy recommendation for public input for 30 days, and will consider such input prior to submitting the matter for consideration and decision by City Council.
C. If, after complying with any bargaining obligations, curriculum development and training requirements, PPB fails to timely implement a policy change either accepted by the Chief or required by City Council, the CBPA may place the matter on the Council agenda to request further Council action.

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