Accept recommendation to replace Compliance Officer Community Liaison appointment and authorize Chief Procurement Officer to execute contract negotiations with CNA Corporation
TO THE COUNCIL:
The City of Portland currently contracts for the services of a Compliance Officer Community Liaison (“COCL”) as required under the Settlement Agreement between the City and the U.S. Department of Justice (DOJ) in the matter of The United States of America v. The City of Portland, Case No. 12-cv-02265-SI ("Agreement”).
The COCL is responsible for collecting, reviewing, and reporting on data related to the Portland Police Bureau's (PPB) interactions with persons experiencing a mental health crisis, use of force, PPB supervision and management of use of force, accountability processes, and training. The COCL independently examines and synthesizes the data for the purposes of reporting to the City Council, the United States Department of Justice and the public on the City's compliance with the Agreement.
As Authorized by Ordinance No. 191189, the City of Portland, Procurement Services issued a Request for Resumes, Bid Solicitation No. 00002078, on March 7, 2023, seeking proposals from qualified consultants with skills, experience and background including:
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Managing complex legal compliance projects;
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Knowledge, skill and experience in police principles and practices, community engagement, legal and data analysis, legal compliance, report preparation and presentation, and crisis intervention methods;
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Experience with local law enforcement agencies under DOJ agreements or consent decrees; and
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Understanding of the Portland community, its history, and policing reforms.
The full Solicitation is available online. No protests were received.
Three responses were received, which were evaluated in accordance with the requirements of the Agreement, the ordinance and solicitation. A panel of six members, including representatives from two Council offices, the Portland Committee on Community Engagement Policing, the Mental Health Alliance (amicus curiae in the court case), the Portland Police Association (Intervenor in the court case), and the Portland Police Bureau, reviewed the three responses, and unanimously determined that only two met the minimum qualifications for the contract and should be named finalists. The panel also proposed questions for the two finalists to be asked during the next phase of the recruitment.
The two finalists were a team led by Dr. Richard Rosenthal, Ph.D., J.D., and a team from CNA led by Thomas Christoff, Ph.D. (Dr. Christoff is a member of the current COCL team, which is led by Dr. Dennis Rosenbaum, who is retiring as of August 31, 2023).
The finalists’ proposals were posted for public comment for 30 days, from April 25 through May 25. The candidates also participated in an evening town hall forum on May 17, during which they introduced their teams, and took public questions and comments. Video of the forum is available online. After the public forum, one email was received providing additional feedback.
May 3 and 4, each finalist met separately with an interview panel that included representatives from two Council offices, the Albina Ministerial Alliance Coalition for Justice and Police Reform (enhanced amicus curiae in the court case), the Office of Independent Police Review, and the Portland Police Bureau. Each panelist scored the two finalists based on their interview responses, and Dr. Christoff’s team received the higher score.
Throughout the process, community members and City panelists offered comments that Dr. Christoff’s team included members with varied expertise, and that they should have the ability to transition seamlessly into the role, as many team members were currently serving on Dr. Rosenbaum’s COCL team. Others questioned the team’s size – 18 members – and substantially larger budget than that of the other finalist and the current COCL.
The City notified CNA that they were the highest scoring finalist and would be awarded the contract on May 31, 2023.
CNA is in full compliance with the Equal Benefits program and the EEO certification requirement. CNA is not a State of Oregon Certified D/M/W/ESB contractor.
The Chief Procurement Officer requests that the City Council accept this Report and authorize the Chief Procurement Officer to execute a contract with CNA for an initial term of one (1) year, terminable by the City at its sole discretion with 30 days’ written notice. The Council’s conditional acceptance of this report is subject to the final contract’s approval as to form by the City Attorney’s Office.
Recommended by:
Biko Taylor
Chief Procurement Officer
Official Record (Efiles)
Impact Statement
Purpose of Proposed Legislation and Background Information
Under the City’s Settlement Agreement with the U.S. Department of Justice, the City must retain the services of a Compliance Officer Community Liaison (“COCL”). Dr. Dennis Rosenbaum, who has led the COCL team since 2015, is retiring this summer and the current COCL agreement, Contract No. 30007128, will terminate. The City must hire a replacement COCL team, following an alternative selection process approved under Ordinance No. 191189. The process engaged key stakeholder groups involved in the Settlement Agreement, and included a 30-day public comment period as required by the Settlement Agreement. The Chief Procurement Officer is hereby reporting on the results of the solicitation and has identified the CNA team, led by Dr. Thomas Christoff as most qualified and appropriate to the City’s requirements. If the City Council votes to accept the Report, City Procurement Services will execute the contract subject to final approval as to form by the City Attorney’s Office.
Financial and Budgetary Impacts
The resultant contract will be negotiated and executed within the limits of the Council-adopted City of Portland budget for FY 2023-24.
Community Impacts and Community Involvement
The COCL’s scope of work involves reports to the community about the City’s progress in implementing the Settlement Agreement and policing reforms to decrease use of force, particularly for individuals in mental health crisis. The Request for Resumes detailed attributes of the ideal candidate, including “Experience with and understanding of the Portland community, the particular history and circumstances leading to the City’s Settlement Agreement with DOJ, and policing reforms, successes and setbacks of the last decade in Portland.”
As described in the Report to Council, the COCL selection engaged the community, and the Albina Ministerial Alliance Coalition for Justice and Police Reform, the Mental Health Alliance, the Portland Committee on Community-Engaged Policing and other community members and groups participated.
100% Renewable Goal
Not applicable.
Financial and Budget Analysis
Analysis provided by City Budget Office
There is an ongoing Special Appropriation for the COCL of $493,545 in the FY 2023-24 budget. Additionally, $48,000 of one-time funds were carried over to anticipate the possibility of an increased cost associated with this replacement. CBO notes that if a contract cost is negotiated above the ongoing appropriation, this will result in an ongoing funding gap that will need to be resolved in future years.