0334.00, Performance Deficiencies
Refer:
• Portland City Code 3.21.120(F), Independent Police Review Division, Handling Complaints
• DIR 0315.30, Satisfactory Performance
• DIR 0330.00, Internal Affairs, Complaint Intake, and Processing
• DIR 0332.00, Administrative Investigations
• DIR 0335.00, Corrective Action Process
Definitions:
• Findings: A conclusion as to whether a member’s conduct violated Bureau directives.
o Sustained: The preponderance of evidence proves a violation of policy or procedure.
o Not Sustained: The evidence was insufficient to prove a violation of policy or procedure.
o Exonerated: The preponderance of evidence proves the member’s conduct was lawful and within policy.
o Unfounded: The preponderance of evidence proves the allegation was false or devoid of fact or there was not a credible basis for a possible violation of policy or procedure.
• Performance Deficiency: Inadequate completion or execution of routine work duties or functions including, but not limited to, issues with attendance, incomplete reports, lack of follow through on cases, and failure to properly perform assigned duties.
• Performance Deficiency Investigation: An administrative investigation performed at the Responsibility Unit (RU) level to address inadequate completion or execution of routine work duties or functions.
Policy:
1. Member accountability and professionalism are of paramount importance. The Bureau shall ensure that all member misconduct, including insufficient or poor work performance, is thoroughly investigated and appropriately addressed to maintain individual and organizational accountability and preserve community trust and confidence. Internal Affairs (IA) shall manage the investigation of performance deficiencies and work closely with Independent Police Review (IPR) to ensure that allegations of this nature are investigated fairly, professionally, and objectively.
Procedure:
1. Investigations of member work performance are generally conducted by the RU in accordance with the necessary provisions in Directives 0330.00, Internal Affairs, Complaint Intake, and Processing, and 0332.00, Administrative Investigations.
2. Investigation Initiation Procedures.
2.1. The RU Manager shall identify member performance deficiencies and consult with IA to determine if an investigation into the member’s performance is warranted.
2.1.1. When notifying IA, the RU Manager shall include a detailed description of the member’s behavior and identify specific Bureau directives that will frame the allegations if there is an investigation.
3. Processing and Case Assignment.
3.1. The IA Captain (or Designee) shall:
3.1.1. Assign the investigation to the involved member’s RU Manager or a designee, if the IA Captain agrees that the case is related to a performance deficiency and determines that an investigation is necessary.
3.1.2. Provide all necessary forms and case materials to the RU Manager.
3.1.3. Number and track all performance investigations to ensure adherence with procedures and timelines.
3.1.4. Notify IPR Director of the investigation.
3.2. The RU Manager presumptively shall assign the investigation to the involved member’s shift Lieutenant or. another appropriate supervisor.
4. Investigation.
4.1. The Investigating Supervisor shall:
4.1.1. Conduct the Performance Deficiency Investigation in accordance with the necessary provisions of Directive 0332.00, Administrative Investigations.
4.1.2. Submit the investigative report with recommended findings to the IA Captain, or designee, for review and approval.
4.2. The RU Manager shall:
4.2.1. Ensure that performance deficiency investigations are maintained as confidential.
4.2.2. Ensure that performance deficiency investigations are adequately investigated, in a manner consistent with all applicable law and bargaining agreements.
4.2.3. Ensure that performance investigations are completed within 10 weeks after assignment.
4.2.4. Review the investigator’s recommended findings and ensure the recommendation is supported by the preponderance of evidence.
4.2.4.1. If the RU Manager concurs with all findings, they shall document their concurrence by signing the accompanying findings cover memorandum.
4.2.4.2. If the RU Manager disagrees with any of the findings, they shall write a thorough memorandum, stating the basis for controverting the investigator’s recommended findings.
4.2.5. Upon completion of review and concurrence or contravention with proposed findings, the RU Manager or designee shall submit the proposed findings, through channels, to the IA Captain or designee.
4.3. The IA Captain (or Designee) shall:
4.3.1. Review investigative reports and recommended findings for completeness and accuracy.
4.3.2. Review the investigation and assigned RU investigator’s findings within seven days of receipt of the investigation and case file. The IA Captain shall assess adequacy of the investigation and determine whether the investigation supports the recommended findings. The IA Captain will return for timely further investigation all case files requiring further information.
4.3.3. If the IA Captain approves the investigator’s recommended findings, then within seven days of receipt of the case file, the IA Captain shall distribute a copy of the completed investigative report with the investigator’s recommended findings to the involved member’s RU Manager for making proposed findings.
5. Findings and Corrective Action.
5.1. A member who did not serve as the investigating supervisor (i.e., RU Manager or designee) shall make a proposed finding on each allegation investigated within seven days of receipt of the case file.
5.1.1. Upon completion of review and development of proposed findings, the RU Manager or designee shall submit the proposed findings, through channels, to the IA Captain or designee.
5.2. The IA Captain (or Designee) shall:
5.2.1. Review proposed findings and discipline to ensure completeness and accuracy.
5.2.2. Distribute the case file, including the recommended and proposed findings and discipline, to the appropriate Assistant Chief and IPR for a concurrent seven-day review.
5.3. The RU Manager or the Assistant Chief shall not take any action on proposed findings, initiate corrective action, or discipline a member prior to formal approval and notification from IA.
5.4. Disciplinary action related to performance deficiencies will normally be progressive in nature; however serious performance problems may justify suspension or termination without prior warning or attempts at corrective action or discipline.
5.4.1. Supervisors shall refer to Directive 0335.00, Corrective Action Process for guidance regarding the process for recommending and assigning corrective or disciplinary action.
6. Records Retention.
6.1. IA shall maintain performance investigation case files in accordance with records-retention policies. Performance investigation files shall be retained for no less than ten years from the date of separation.
Effective: 6/21/2024
Next Review: 6/21/2026