0010.00, Directives Review and Development Process
Refer:
- United States v. City of Portland Settlement Agreement
- City of Portland Public Involvement Principles
- DIR 0020.00, Mission, Values, and Goals
- DIR 0315.00, Laws, Rules, and Orders
Definitions:
- Directive: A Portland Police Bureau document that addresses rules, policy, and procedure for a specific topic.
- Equity Lens: A critical thinking approach to undoing institutional and structural racism, which evaluates burdens, benefits, and outcomes to underserved communities.
- Executive Order: A document from the Chief’s Office unilaterally establishing a new rule, policy, or procedure, or modifying an existing one.
- Executive Reconciliation: The Bureau’s process of internally reviewing and developing directives through research, drafting, consulting subject matter experts, considering public comments, and collaborating with community and internal stakeholders.
- Executive Summary: A document outlining the Bureau’s review and development of a particular directive. The Executive Summary contains: 1) a brief statement explaining key points or changes to the directive, 2) the final approved directive, 3) a document comparison showing changes between the old and new directive (when applicable), and 4) all public comments received during Universal Review and Public Comment periods.
- Policy: A statement of the Bureau’s philosophy or approach on a particular matter, designed to offer broad general guidance and information for Bureau members and the community.
- Procedure: Specific guidance on an operational practice that explains the steps members take, including details such as timing, frequency, and responsibilities.
- Racial Equity Tool: A set of strategies, procedures, and resources designed to integrate explicit consideration of racial equity and that can be implemented and applied throughout organizational policy, procedures, and operations to ensure/drive equitable process, impacts, and outcomes.
- Rules: Specific direction members are required to follow when faced with certain situations.
- Universal Review and Public Comment (“Universal Review”): The Bureau’s practice of regularly seeking community and Bureau member review and feedback on Bureau directives during two scheduled 30-day review periods:
- First Universal Review: Seeks feedback on 1) existing Bureau directives, or 2) the first public draft of a new directive.
- Second Universal Review: Seeks feedback on 1) potential changes to existing Bureau directives, or 2) the second public draft of a new directive.
Policy:
1. The purpose of this directive is to establish the process for reviewing and developing Portland Police Bureau directives.
2. The Portland Police Bureau recognizes that training and adherence to Bureau policies, procedures, and rules are essential to Bureau legitimacy and maintaining professional standards of conduct. The Bureau’s written directive system houses Bureau policies, procedures and rules. The Bureau is responsible for guiding member action and holding members accountable to Bureau directives in furtherance of professionalism and legitimacy.
3. The Bureau strives to establish directives that promote best practices and guide members to be good stewards of public resources. Bureau directives are the foundation for all Portland Police Bureau operations. The policies, procedures, and rules contained in directives provide members with information to act decisively, consistently, and legally. When unusual circumstances are encountered, the directives assist members in identifying the best course of action.
4. The Bureau values the input of community members, Bureau members, and our working partners. Collaboration and community involvement are essential to ensuring that Bureau policies and procedures reflect the values of the community we serve. For this reason, the Bureau encourages community members, Bureau members, and other key stakeholders to participate in the directive development process by contributing feedback on directives when they are scheduled for review.
5. The Bureau is dedicated to reviewing and developing directives with an equity lens. Accordingly, the Bureau will set equitable goals, determine impact and disparities, collaborate and engage, review and revise, and evaluate and report throughout the directive review and development process.
Procedure:
1. Initiating Directive Review and Development.
1.1. Anyone can contact the Policy Development Team to ask the Bureau to create a new directive or to revise or rescind an existing directive.
1.2. The Bureau determines directive review and development priorities based on operational, administrative, and/or legal need.
1.2.1. Matters that may create a need to address a directive include, but are not limited to: changes in best practice, staffing concerns, budget, a shift in organizational philosophy, audit or research findings, complaints or discipline outcomes, contract negotiations, changes in law, or litigation.
1.3. The Bureau shall attempt to review existing directives every two years from the time of enactment.
1.4. The Chief or designee may adjust the review schedule of a directive based on operational, administrative, or legal need.
1.5. New directives shall undergo a one-year review from the time of enactment. Upon completion of the year one review, the Bureau shall adjust the review period to align with the standard two-year review schedule.
2. Department of Justice (DOJ) Directives
2.1. The Bureau shall review directives pertaining to DOJ Settlement Agreement compliance, using the standard Universal Review and Public Comment (“Universal Review”) process as established in this directive.
2.1.1. The Bureau shall review new directives pertaining to DOJ Settlement Agreement compliance 180 days after the directive is enacted, and annually thereafter.
2.2. Members and the community should be aware that directives pertaining to DOJ Settlement Agreement compliance involve additional review and approval by the DOJ, which may potentially lead to a lengthier review and development process.
3. Universal Review and Public Comment.
3.1. The Policy Development Team shall post directives on the Bureau’s website for 30 calendar days for each First Universal Review and Second Universal Review period.
3.2. The Bureau shall attempt to post directives for review on the first and/or fifteenth of the month. However, operational need may require posting outside of those dates.
3.3. Anyone may submit feedback by using the form provided on the Bureau’s website during Universal Review, or by email at any time.
3.4. Comments received outside of Universal Review shall be maintained by the Policy Development Team until the next review period for the directive.
4. Policy Development Team Responsibilities.
4.1. The Policy Development Team shall read and consider all comments received during Universal Review and refer comments to the Chief’s Office as needed for review and/or decision-making.
4.2. The Policy Development Team shall consult subject matter experts (SMEs) and the City Attorney’s Office to ensure that directives are accurate, clearly written, consistent with professional practices, and that they satisfy legal requirements.
4.3. The Policy Development Team may make revisions following Second Universal Review without further public comment.
4.4. The Policy Development Team shall evaluate all directives using an equity lens and apply racial equity tools whenever applicable.
5. Collective Bargaining Unit (“Union”) Review.
5.1. Unions have an opportunity to review revised and new directives before enactment to consider any potential labor-related issues and exercise bargaining rights.
5.1.1. The Policy Development Team shall provide all recognized member unions with proposed new and revised directives for a 15 business-day review period.
5.2. When Union Review ends, the Policy Development Team shall compile all union comments and consult with the City Attorney’s Office to address any union comments and/or concerns that resulted from the review process.
6. Chief’s Office Review.
6.1. The Chief’s Office shall review the final draft of all directives to ensure the directive is reasonable, aligns with the Bureau’s philosophy, comports with applicable legal requirements, and meets best practice standards and operational needs.
6.1.1. The Chief and the Police Commissioner have complete discretion regarding the content and implementation of Bureau directives and may either approve the proposed directive, or refer it back to the Policy Development Team for further executive reconciliation.
7. Executive Summary.
7.1. After the Chief or designee signs and approves a directive, the Policy Development Team shall ensure the directive is sent to all members and shall post the executive summary to the Bureau’s website.
7.2. To give the community notice of upcoming changes to directives, the Bureau posts executive summaries to its website as “Directives Pending Enactment.” Once a directive is enacted, the executive summary can be found on the Bureau website under “Executive Summary Archives.”
8. Member Acknowledgment.
8.1. The Policy Development Team shall internally announce (via email) new or revised directive(s) to members before enactment.
8.1.1. Pursuant to Directive 0315.00, Laws, Rules and Orders, members shall be required to electronically sign a statement acknowledging that they have received, read, and had an opportunity to ask questions about the directives within 30 calendar days of the Chief’s or designee’s signature and before enactment.
9. Enactment.
9.1. Directives approved by the Chief, or a designee, shall be effective at midnight exactly 30 days from the signature date to allow sufficient time for members to read and acknowledge the updated or new directive.
9.1.1. The effective date shall be included at the bottom of each directive.
9.1.2. Enactment dates and reconciliation processes may be altered, depending on judicial orders or the interests of opposing parties in litigation or settlements.
9.2. The Chief or designee shall have the authority to adjust the effective date of a directive (i.e., fewer than 30 days) if an operational need requires immediate enactment or when otherwise deemed necessary.
10. Publication.
10.1. At the end of the 30-day member acknowledgement period, or when the Chief or designee has determined that immediate enactment is necessary, the Policy Development Team shall publish the enacted directive on the Bureau’s website.
10.2. The Policy Development Team shall maintain a record of all current and previous versions of Bureau directives.
11. Executive Orders.
11.1. The Chief or designee can unilaterally temporarily suspend part or all of a directive, or create a new directive, if an operational, administrative, or legal need requires immediate action.
11.2. In these circumstances, the Chief or designee shall issue an Executive Order Bureau-wide. The Executive Order shall note the date the Executive Order expires, when applicable.
11.3. If the Chief intends for an Executive Order to become permanent, the Bureau shall include proposed changes reflecting the Executive Order during the next scheduled Universal Review.
Effective: 5/6/2023
Next Review: 5/6/2025