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191730

Emergency Ordinance

*Add Community Police Oversight System Code to reflect Charter reform (add Code Chapter 3.19)

Passed

The City of Portland ordains:

Section 1. The Council finds:

  1. In November 2020, Portlanders passed Measure 26-217, which created the Community Police Oversight Board (hereafter, “Oversight System”).
  2. In April 2022, Federal District Court Judge Michael H. Simon approved amendments to the settlement agreement between the United States and the City of Portland (hereafter, “DOJ Settlement Agreement”), which requires the City to follow a specified process for creating the Oversight System, including amendments to the DOJ Settlement Agreement. 
  3. In November 2022, Portlanders passed Measure 26-228 and changed the City Charter and the City’s government in three primary ways:(1) by allowing voters to rank candidates in order of the voter’s preference; (2) by establishing four geographic districts, with three Council members elected to represent each district, expanding the Council to a total of 12 members; and, (3) by establishing a Council that would focus on setting policy and engaging with community, transitioning day-to-day oversight of bureaus to a Mayor elected citywide and a professional City Administrator (Charter Reform). All aspects of Charter Reform are effective January 1, 2025.
  4. In November 2023, Council approved an organization chart to unify bureaus and programs under the future Mayor and City Administrator (Resolution No. 37635).The chart identified an executive leadership team under the City Administrator and the following six Service Areas:
  • Budget and Finance, 
  • City Operations, 
  • Community and Economic Development, 
  • Public Safety, 
  • Vibrant Communities, and
  • Public Works. 

The chart included key administrative offices to support Council offices, the Mayor, the Auditor, the City Administrator, and the six Service Areas. The chart also identified workgroups, programs, and City functions for further assessment and discussion.

  1.  Charter Reform transition staff are working with Council, bureaus, and other stakeholders to revise City Code to reflect Charter Reform.
  2. Amendments to Title 3 of Portland City Code to create the Oversight System, which comprises the Community Board for Police Accountability (CBPA) and the Office of Community-based Police Accountability (OCPA), will allow transition staff and other City staff the ability to better implement Charter Reform and allow for the appropriate allocation of funding to the Oversight System.
  3. Currently, City Code Chapter 3.19 is unused and the Oversight System will be allocated this chapter number. 
  4. The Oversight System was identified for inclusion within the Public Safety Service Area. Former members of the Police Accountability Commission met with staff of City Council and other City staff in December 2023 during a Town Hall and requested the City include the Oversight System in the same service area as the Bureau of Human Resources, which would be an appropriate placement. 

NOW, THEREFORE, the Council directs:

  1. City Code Chapter 3.19 is added as shown in EXHIBIT A.
  2. The Oversight System will be within the same service area as the Bureau of Human Resources. 

Section 2.  The Council declares an emergency exists because the amendments will allow funding to be allocated appropriately during the budget process; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)

Passed by Council

Auditor of the City of Portland
Simone Rede

Impact Statement

Purpose of Proposed Legislation and Background Information

This legislation creates the Community Police Oversight System, comprising the Community Board for Police Accountability (CBPA) and the Office of Community-based Police Accountability (OCPA), and its creation allows transition staff and other City staff the ability to better implement Charter Reform and allows for the appropriate allocation of funding to the Oversight System. 

Financial and Budgetary Impacts

City Charter section 2-1004 requires for the Oversight System be proportional to be no less than five percent of the Police Bureau’s Annual Operational Budget. This budget allocation requirement is already in effect and therefore the budget is not further impacted by these additions to Portland City Code Title 3. 

Community Impacts and Community Involvement

Community has had extensive involvement in creation of the Oversight System and this Code addition begins implementation of the Charter language adopted by the voters in November 2020. 

100% Renewable Goal

n/a

Document History

Agenda Council action
Time Certain
City Council
Passed

Votes
  • Aye (5):
    • Ryan
    • Rene Gonzalez
    • Mingus Mapps
    • Carmen Rubio
    • Ted Wheeler

Changes

City department

Contact

Heidi Brown

Chief Deputy Attorney

Requested Agenda Type

Time Certain

Date and Time Information

Requested Council Date
Requested Start Time
3:45 pm
Time Requested
75 minutes (3 of 3)
Confirmed Time Certain
Changes City Code
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