Accept final report of the Police Accountability Commission
To: Mayor Ted Wheeler
Commissioner Rene Gonzalez
Commissioner Mingus Mapps
Commissioner Carmen Rubio
Commissioner Dan Ryan
From: Sameer Kanal, on behalf of the Police Accountability Commission
Subject: Final Report of the Police Accountability Commission
In fulfillment of the requirements of Resolution 37527 (Establish selection criteria for a Commission to craft the new police oversight system authorized by voters at the November 3, 2020 general election) and Resolution 37527 Exhibit A, as well as Resolution 37548 (Establish a commission to write rules, definitions, procedures, and other necessary details for recommendation to Council for the new police oversight system authorized by voters on the November 3, 2020 general election) and Resolution 37548 Exhibit A, the Police Accountability Commission hereby submits the attached final report.
The report accompanies the final City Code recommendations of the Police Accountability Commission. In Resolution 37548, Exhibit A, City Council indicated that an optional duty of the Commission was that "the Commission may choose to author a report to present to City Council to further explain their recommendations," and the Commission chose to do so to explain their proposals and provide reasoning, context, and a description of the process used by the Police Accountability Commission to arrive at its recommendations. The report also includes items required of the Commission under Resolution 37548, Exhibit A, including Definitions, a Transition Plan, Powers of the New Oversight System, and Organizational Details. The report further includes recommendations for the new oversight system that would not be included in City Code. The Police Accountability Commission approved both its Final City Code recommendations, and its Final Report, unanimously.
Under the USDOJ v. City of Portland Settlement Agreement, the City Council is required to "propose amendments to City Code to address the Commission’s proposal, and corresponding amendments to this Agreement, subject to the United States’ and the Court’s approval," within 60 day. The PAC hopes that City Council ensures the proposals are considered through open public processes.
The Mayor recommends that the Council accept the Final Report of the Police Accountability Commission.
Mayor Ted Wheeler
Purpose of Proposed Legislation and Background Information
The Police Accountability Commission was tasked with developing a new administrative investigation and discipline system for Portland police, including the development of a community police oversight board as described in City Charter Section 2-10. The City Council established the Commission and required it to create recommendations complying with and building upon the Charter in Resolution 37527 (December 16, 2020) and Resolution 37548 (July 28, 2021). The work of the Police Accountability Commission was further defined in Paragraph 195b of the USDOJ v. City of Portland Settlement Agreement.
This item is the final report by the Police Accountability Commission to the City Council on the PAC's work.
The City Council will take further action to refer City Code based on the PAC's recommendations to the US DOJ/US Court, to implement the transition plan, to refer/approve amendments to the USDOJ v. City of Portland Settlement Agreement related to the PAC's recommendations, and to approve the final City Code after USDOJ/US Court review, among other actions.
Financial and Budgetary Impacts
There is no direct financial or budgetary impact related to accepting this report.
Community Impacts and Community Involvement
- All Portlanders may be impacted by the Police Accountability Commission’s work.
- Code changes recommended by the Police Accountability Commission will be presented to the City Council beginning in September 2023. During the commission’s work, the PAC engaged with well over 1,500 community members across neighborhoods, lived experiences, and backgrounds, through a variety of methods including attending community events, hosting community engagement events, receiving public comment at meetings, receiving advance public comment between meetings, discussion groups for focused discussion with historically underrepresented and directly affected groups, and briefings with experts and affected parties.
- The Police Accountability Commission was committed to a community-driven process informed by an equitable, accessible, and transparent community engagement process.
- Council consideration of the PAC's work, including this report, is anticipated to include community involvement and testimony.
100% Renewable Goal
Although it is incorporated into the sustainable procurement policy, this specific resolution does not impact the city’s use of energy or pursuit of the 100% renewable goal.
799 Time Certain in September 20-21, 2023 Council Agenda
Accepted As Amended
Motion to include the Police Accountability Commission final City Code recommendations: Moved by Wheeler and seconded by Mapps. (Y-5)
Motion to accept the report as amended: Moved by Mapps and seconded by Gonzalez.
- Commissioner Rene Gonzalez Yea
- Commissioner Mingus Mapps Yea
- Commissioner Carmen Rubio Yea
- Commissioner Dan Ryan Yea
- Mayor Ted Wheeler Yea