0010.00 Directives Review and Development Process

0010.00, Directives Review and Development Process

Refer: 
•    United States v. City of Portland Settlement Agreement (2012)
•    Northwest Accreditation Alliance Law Enforcement Standards Manual
•    ADM-4.02- City of Portland Public Involvement Principles
•    DIR 0020.00, Mission, Values, and Goals
•    DIR 0315.00, Laws, Rules, and Orders
•    Policy Development Team Standard Operating Procedure #1, Policy Development Team Roles and Responsibilities
•    Policy Development Team Standard Operating Procedure #2, Directive Formatting, Indexing, and Retention
•    Policy Development Team Standard Operating Procedure #3, Evaluating Policy Through an Equity Lens

Definitions: 
•    Administrative Update: A minor revision to an Active Directive reflecting a change in formatting, references, definitions, or unit names, without adhering to the formal Directive Review.

•    Definitions: A section in Directives explaining or defining Bureau terms of art. 

•    Directive: The Bureau's formal written standards, approved by the Chief of Police, establishing Bureau-wide Rules, Policy, and Procedure for a specific topic. Bureau Directives fall under the following statuses:
          o    Active: Enacted, currently enforceable Bureau Directives.
          o    Draft: A new directive or proposed changes to an Active Directive.
          o    Archived: A previous version of a Directive, or a rescinded Directive.

•    Directive Review: The Bureau's formal process for reviewing, researching, and developing  Directives. This process establishes standards based on law, Bureau and community values, industry practices, subject matter experts, Open Engagement, and Public Comment Period.  

•    Equity Lens: A critical thinking approach to undoing institutional and structural racism, which evaluates burdens, benefits, and outcomes to underserved communities.

•    Executive Order: A significant revision to an Active Directive, at the direction of the Chief's Office, unilaterally establishing a new Rule, Policy, or Procedure, or interpreting an existing one, without adhering to the Directive Review. 

•    Executive Summary: A document containing: 1) a brief statement explaining changes to the directive, 2) the final approved directive, 3) a redline copy reflecting all directive changes (when applicable), and 4) all survey comments received during the Public Comment period.

•    Open Engagement: The Bureau's practice of collecting written public comments on Active Directives on a continuing basis.

•    Policy: A section in Directives that explains the purpose of the Directive, expresses the Bureau's goals or values on a topic, and offers context or general information for Bureau and community members.

•    Procedure: Specific guidance on an operational practice that explains the steps members take to perform their duties and certain functions, including details such as timing, frequency, responsibilities, and Rules.

•    Public Comment Period: A 60-day term when the Bureau seeks written feedback from Bureau members and the public regarding Draft Directives.

•    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.

•    Refer: A section in Directives listing related federal or state statutes or case law, City Code or Human Resource Administrative Rules, other Directives, Standard Operating Procedures , or relevant forms or documents.  

•    Rules: Specific direction members are required to follow when faced with certain situations.

Policy: 
1.    This Directive explains the purpose of Bureau Directives and establishes the process for Directive Review.

2.    The Bureau aims to create Directives that both reflect the Bureau and the City of Portland's values and meet or exceed industry standards. The Bureau's processes for Open Engagement and Public Comment Period are designed to help meet those aims, as well as address any ambiguities, errors, or needed updates in Directives. The Bureau encourages frequent and honest feedback on its Directives.

3.    Directives are the foundation for all Bureau operations and training. The Bureau strives to create Directives that clearly inform members of their duties, provide guidance in performing such duties, and establish a fair and consistent basis for member evaluation and accountability.

4.    Policing is dynamic, and it is impossible for Directives to speak to every unusual circumstance that may arise. Directives provide members with the foundational knowledge, in combination with training, to identify the best course of action. The importance of reasonable uniformity and consistency in law enforcement must be balanced with an understanding of the value of officer discretion. The Bureau expects members to know, understand, and follow Directives, and it is the Bureau's responsibility to provide the training, supervision, and evaluation to support member success and accountability.

5.    Directives, like any written materials, are subject to reader interpretation; the Bureau recognizes that reasonable debate may exist. The Policy Development Team is responsible for interpreting Directive language and providing management with analysis and context for all Directives when there is ambiguity. The Chief of Police is the final Bureau decision-maker for establishing, clarifying, interpreting, and upholding Directives.

Procedure: 
1.    Open Engagement.
1.1.    The Bureau will collect written comments about Active Directives on a continuing basis via email.

1.2.    The Policy Development Team (PDT) shall regularly review all written comments received via email and evaluate the comments to determine whether to initiate Directive Review based on operational, legal, or administrative need, or hold the comments for consideration during regularly scheduled Directive Review.  

2.    Directive Review Schedule.  
2.1.    The Bureau will review Directives pertaining to Department of Justice (DOJ) Settlement Agreement compliance biennially using the standard process established in this Directive.  
2.1.1.    DOJ Settlement Agreement-related Directives involve additional review and approval by external stakeholders, which may lead to a lengthier review and development process.

2.2.    The Bureau will attempt to review Active Directives based on the scheduled review date. Scheduled review dates are listed at the end of each Active Directive.

2.3.    The PDT may change the scheduled review date based on operational, administrative, or legal need. 

3.    Public Comment Period.
3.1.    The Bureau will post all Draft Directives on the Bureau's website for 60 calendar days with a survey to collect Public Comments.

3.2.    The Draft Directive the Bureau posts for the Public Comment Period reflects the proposed changes to an Active Directive or the creation of a new Directive.
 
3.3.    The PDT may revise any Directive after its Public Comment Period without further public input.

4.    Policy Development Team (PDT) Responsibilities. 
4.1.    The PDT shall: 
4.1.1.    Manage Directive Review, Open Engagement, Public Comment Periods, enactment, member acknowledgement, rescission, and Executive Orders.
4.1.2.    Read and consider all comments received during Open Engagement and Public Comment Periods and refer comments to subject matter experts (SMEs) or the Chief's Office, as needed, for review and/or decision-making.
4.1.3.    Consult SMEs and the City Attorney's Office to ensure that Directives are accurate, clearly written, consistent with industry practices, and that they satisfy legal requirements. 
4.1.4.    Evaluate all Directives using an Equity Lens and apply the Bureau Racial Equity Tool whenever applicable.   
4.1.5.    Maintain a record of all Active and Archived Directives.
4.1.6.    Prepare an Executive Summary for all Directives before enactment.
4.1.7.    Update and maintain the Bureau website to reflect all Active Directives and Executive Summaries.

4.2.    The PDT may:
4.2.1.    Make Administrative Updates to Directives at any time.
4.2.2.    Meet with community, Bureau member, and City stakeholders to inform Directive research and development. 

5.    Union Review. 
5.1.    The Bureau shall submit final Draft Directives to unions before enactment in accordance with applicable collective bargaining agreements and state law. 
5.1.1.    Recognized police unions have 15 business days to review final Draft Directives.

5.2.    When Union Review ends, the PDT 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, which may include making additional changes to the Directive.

6.    Chief's Office Approval. 
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 values, operational needs, and legal requirements, and meets or exceeds industry practices.  
 
6.2.    The Chief has complete discretion regarding the content and implementation of Directives and may either approve the proposed Directive or refer it back to the PDT for further research or development.

7.    Member Acknowledgment. 
7.1.    The Bureau will provide copies of Directives pending enactment to members 30 days before they become Active.

7.2.    Members must read and electronically acknowledge receipt of Directives pending enactment, in the Learning Management System, before enactment.

8.    Enactment.
8.1.    Directives are operative as of the effective date, which will be included at the bottom of each Directive.

8.2.    The Bureau will publish all Active Directives on the Bureau website.

8.3.    The Chief or designee may adjust the effective date of a Directive if an operational or legal need requires immediate or delayed enactment.

9.    Rescission.
9.1.    Active Directives are in effect until rescinded.

9.2.    The Chief may rescind a Directive at any time for operation, administrative, or legal need.
9.2.1.    Rescission of DOJ Settlement Agreement-related Directives requires consulting appropriate stakeholders.

9.3.    The PDT shall publicly post Directives that are pending rescission to the Bureau's website at least 30 days before rescission takes effect. 

10.      Executive Orders.
10.1.    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.  

10.2.    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.

10.3.    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 Directive Review.

Effective:           4/15/2026
Next Review:    4/15/2029