Direct the City Attorney’s Office to seek required approvals related to the Settlement Agreement with the United States Department of Justice and comply with any mandatory collective bargaining obligations for amendments to City Code related to the Community Police Oversight Board

WHEREAS, on July 30^th, 2020 the Portland City Council voted to refer a Charter Amendment to the voters of Portland authorizing the creation of a police oversight system to promptly, fairly, and impartially investigate and impose discipline on Portland Police Bureau sworn employees and supervisors thereof and to make recommendations regarding police directives with a primary focus on community concerns; and

WHEREAS, on November 3^rd, 2020 Portland voters approved the Charter Amendment supporting the measure by 81.58%; and

WHEREAS, on July 28, 2021, Council unanimously adopted Resolution No. 37548, creating the Police Accountability Commission (PAC) to develop recommendations and suggested code provisions for the new oversight system; and

WHEREAS, the PAC members, supported by dedicated staff in the Community Safety Division, worked diligently and tirelessly at their assigned task from December 2021 through August 2023; and

WHEREAS, on April 29, 2022, the United States District Court in the United States v. City of Portland, Oregon, entered amendments to the settlement agreement (Settlement Agreement) between the United States Department of Justice (DOJ) and the City of Portland (City), including paragraph 195 which requires the City to implement the Charter Amendments establishing a community police oversight board; and

WHEREAS, on September 21, 2023, the PAC presented to Council its 504-page report (440 pages of which were appendices documenting their work) and a recommended 96-page City Code package to create the Community Board for Police Accountability and Office of Community-led Police Accountability; and after hearing the report presentation, discussing the recommendations with PAC members, and taking community testimony, the Council unanimously voted to accept the report; and

WHEREAS, the Settlement Agreement requires Council to seek approval from the DOJ of proposed amendments to the City Code to implement the Charter Amendments, and to comply with any corresponding bargaining obligation that may exist; and

WHEREAS, on November 15, 2023, the City Council adopted Resolution 37637, which directed the City Attorney to seek approvals of Settlement Agreement and City Code amendments from the US Department of Justice and, as applicable the Federal Court, and comply with collective bargaining obligations; and

WHEREAS, on August 29, 2024, the Federal Court held a fairness hearing to consider amendments to the Settlement Agreement to incorporate the Oversight System and at the conclusion of the hearing the Court adopted the amendments; and

WHEREAS, on October 11, 2024, the City Council adopted Ordinance 191892, creating Code Title 35; and

WHEREAS, the previous City Council’s authorization of Code included significant deviations from the recommendations of the Police Accountability Commission, and members of the public felt the Code was not consistent with the vision of the Charter amendments in 2020 and the will of the voters; and

WHEREAS, it is vital to ensure that prospective Board members are able to hear and make decisions on the matters before the CBPA without bias; and

WHEREAS, a clear and consistent definition of "bias" is necessary to ensure this impartiality, and the effectiveness of the new community police oversight board; and

WHEREAS, the recommended City Code amendments, attached as Exhibit A, will implement the will of the voters as reflected in the Charter Amendments to establish a community police oversight board, and create a fair and impartial community-led oversight system where imposed discipline can be upheld;

NOW, THEREFORE, BE IT RESOLVED, Council directs the City Attorney’s Office, after consideration with Council staff of community feedback, to seek required approvals from the United States Department of Justice for amendments to the City Code in a form substantially similar to Exhibit A, and

BE IT FURTHER RESOLVED, the City Attorney’s Office and Bureau of Human Resources, after consideration with Council staff of community feedback, are hereby authorized to comply with any collective bargaining obligations the City may have and to reach agreement on the terms of the proposed City Code amendments in a form substantially similar to Exhibit A; and

BE IT FURTHER RESOLVED, upon completion of its engagement with the DOJ and any mandatory collective bargaining obligations, the City Attorney’s Office shall return to Council for adoption of the City Code amendments approved by DOJ.