0336.00 Police Review Board

0336.00, Police Review Board

Refer:  
•    Portland City Code 3.20.140 Police Review Board
•    Portland City Code 3.21 Office of Independent Police Review 
•    HRAR 2.02, Prohibition Against Workplace Harassment, Discrimination and Retaliation
•    DIR 0330.00, Internal Affairs, Complaint Intake, and Processing 
•    DIR 0335.00, Corrective Action Process
•    DIR 0337.00, Police Review Board Personnel Selection 
•    DIR 0640.52, Vehicle Collision Review Board
•    DIR 0910.00, Use of Force Reporting, Review, and Investigation

Definitions:     
•    Action Items: Police Review Board (PRB) recommendations to the Chief regarding policies, training, supervision, tactics, and equipment to address issues identified during the PRB process.

•    Case File: Administrative package containing the originals or copies of the  investigation file or other investigation materials, including all materials related to Findings.

•    Controvert: To dispute the Responsibility Unit (RU) Manager's recommended Finding or proposed corrective action.

•    Executive Session: The PRB after case presentation, to deliberate and vote regarding their recommended Findings, Action Items, and proposed corrective action, if any, outside the presence of the involved member, union representatives, and case investigators.

•    Finding: A conclusion as to whether a member engaged in Misconduct.

•    Misconduct: Conduct by a member that violates Bureau regulations, orders, directives, or other standards of conduct required of City employees.

•    Police Review Board (PRB): An advisory body to the Chief that reviews certain use of force incidents and investigated complaints of alleged misconduct involving current and former sworn members, and recommends Findings, Action Items, and proposed corrective action to the Chief pursuant City Code 3.20.140. The PRB may also advise the Chief regarding the adequacy and completeness of an investigation.

Policy: 
1.    This directive provides guidance to members regarding the Police Review Board (PRB) to supplement Portland City Code 3.20.140, Police Review Board, which governs the purpose, process, authority, and composition of the PRB.  

2.    The City of Portland established the PRB to conduct additional reviews of some allegations of member misconduct and certain use of force incidents. The Portland Police Bureau supports the efforts of the City and the PRB to further promote member and organizational accountability. 

Procedure: 
1. Powers of the PRB.
1.1.    The PRB shall review investigated use of force incidents and complaints of alleged misconduct by non-probationary sworn members in the following cases:
1.1.1.    Investigations resulting in a recommended sustained Finding with proposed corrective action of suspension without pay, or greater.   
1.1.2.    If the supervising Assistant Chief, the Independent Police Review (IPR) Director, or the Internal Affairs (IA) Captain controverts the recommended Findings or proposed corrective action of the Responsibility Unit (RU) manager pursuant to Portland City Code 3.21.120, unless the controverted Findings are only as among the Findings other than "sustained" (i.e., "not sustained," "exonerated," or "unfounded" Findings).
1.1.2.1.    The Chief of Police will determine the final Finding among disputed Findings other than "sustained." 
1.1.3.    The following incidents involving use of force:
1.1.3.1.    All use of deadly force;
1.1.3.2.    All in-custody deaths;
1.1.3.3.    Any use of force where the recommended Finding is sustained ; or
1.1.3.4.    Physical injury caused by a member that requires hospitalization.
1.1.4.    All investigations regarding alleged violations of City of Portland Human Resources Administrative Rules (HRARs) regarding complaints of discrimination resulting in a recommended sustained Finding.
1.1.5.    Discretionary cases referred by the Chief, an Assistant Chief, or the IPR Director.

1.2.    For cases involving probationary sworn members, the PRB shall review cases that fall under section 1.1.3. and 1.1.5. of this directive. However, City Code 3.20.140 and this directive do not require the Bureau to convene a PRB in order to impose corrective action or terminate the employment of a probationary sworn member.

2.    PRB Composition. 
2.1.    For each hearing, the PRB will include five voting members and eight advisory members.

2.2.    Voting members may include:
2.2.1.    One community member, drawn from the eligible pool of community volunteers;
2.2.2.    One peer member of the same rank or comparable rank or classification as the involved Bureau member, drawn from the pool of approved Peer Members;
2.2.3.    The Assistant Chief or designee of the involved Bureau member;
2.2.4.    The IPR Director or a designee; and
2.2.5.    The RU Manager, or designee, of the involved Bureau member.

2.3.    Advisory members may include:
2.3.1.    The Professional Standards Division (PSD) Commander;
2.3.2.    A representative from Bureau of Human Resources;
2.3.3.    A representative from the City Attorney's Office (CAO);
2.3.4.    The IA Captain;
2.3.5.    The Review Board Coordinator;
2.3.6.    A representative of the City Administrator;
2.3.7.    The Training Operations Manager or designee; and 
2.3.8.    The Bureau Equity Manager or designee.

2.4.    For Force Cases, the PRB will include one additional community member drawn on a rotating basis from the pool of current Citizen Review Committee members (as those members are described in Code Section 3.21.080), and one additional peer member, for a total of up to seven voting members.

3.    PRB Hearings.
3.1.    Quorum: For each hearing, the minimum number of PRB members required to conduct a PRB hearing and to make recommendations to the Chief:
3.1.1.    Non-Force Cases: The following quorum is required:   
3.1.1.1.    Four voting members, which must include the community member and the involved member's RU Manager or designee; and 
3.1.1.2.    Four advisory members.
3.1.2.    Force Cases: The following quorum is required: 
3.1.2.1.    Six voting members, which must include two community members (one drawn from the pool of Citizen Review Committee members), and the involved member's RU Manager or designee; and
3.1.2.2.    Four advisory members.

3.2.    Other PRB Hearing Attendees.
3.2.1.    During the case presentation, the following additional individuals may be present:
3.2.1.1.    The involved member;
3.2.1.2.     For union represented members, a representative of the involved member's bargaining unit, or an Association designated attorney;
3.2.1.3.    For non-represented members, the IA Captain may authorize the member to attend with an attorney; 
3.2.1.4.    Representatives from the investigative divisions (e.g., IA, Detective Division, etc.); and
3.2.1.5.    Other individuals invited at the discretion of the IA Captain.

3.3.    Executive Session.
3.3.1.    After the case presentation, the involved member, their union representative, and the case investigators shall leave, except as provided in Section 3.3.3, and the PRB members shall meet in an Executive Session to deliberate and vote regarding their recommended Findings and any Action Items. If any Finding is sustained, the sustaining PRB members shall discuss proposed corrective action.
3.3.2.    The IA Captain may allow non-involved observers (e.g., IA staff) to remain in the hearing through the Executive Session for training or similar purposes.
3.3.3.    Per the Portland Police Association (PPA) collective bargaining agreement, a PPA union representative may be present during any portion of the Executive Session in which non-Board member "presenter" representatives of Training Division, IA, or Detective Division are allowed to attend.

4.    PRB Voting and Advisory Member Roles and Responsibilities. 
4.1.    Voting members shall review the case file before the PRB hearing.
4.1.1.    During the case file review, if a voting member needs additional information to deliver a Finding, the voting member shall inform the PRB Coordinator, who shall then notify the IA Captain of their need. The PRB Coordinator shall seek assistance from the IA investigator to answer any questions. Any unanswered questions shall be brought to the attention of the IA Captain before the hearing.  

4.2.    An advisory member's role is to answer the questions of voting members and to clarify facts within their area of expertise. Advisory members shall not provide opinions or information outside of their areas of expertise.

4.3.    Voting members shall reach a conclusion regarding each allegation referred to the PRB based upon a preponderance of evidence standard.

4.4.    In cases where voting members recommend a sustained Finding, they shall also recommend corrective action that is consistent with applicable City and Bureau rules, the Corrective Action Guide, and collective bargaining agreements.

4.5.    Voting members may recommend Action Items regarding the following:
4.5.1.    The adequacy and completeness of an investigation; and/or
4.5.2.    Policy or training.

4.6.    Because all information and discussions are confidential, voting and advisory members shall only discuss cases amongst case participants and only for the purposes of the particular review.

4.7.    By majority vote, the PRB may request that investigations return to the investigating entity for additional investigation or information necessary to reach a Finding. 
4.7.1.    The Review Board Coordinator shall prepare a Request for Additional Investigation memo, to include the specific information and/or investigation requested.
4.7.2.    The investigating entity shall conduct the additional requested investigation. The investigating entity must make reasonable attempts to conduct the additional investigation or obtain the additional information within ten business days or provide a written statement to the PRB explaining why additional time is needed.
4.7.3.    The case shall return to the Review Board Coordinator at the conclusion of the additional investigation.

5.    Convening a PRB.
5.1.    Once IA administrative staff receive the Findings review from IPR, the Assistant Chief, and IA Captain, the IA administrative staff shall notify the Review Board Coordinator, authorizing the scheduling of a PRB hearing.

5.2.    The Review Board Coordinator shall schedule a hearing to occur within 21 days of receiving the file. 
5.2.1.    If a reason exists to conduct the hearing outside of the 21-day requirement, the Review Board Coordinator shall notify the IA Captain of the delay and reason;
5.2.2.    The IA Captain shall approve or deny any delays in scheduling PRB hearings and ensure the reason is documented in the case file.
5.2.3.    On the hearing date, the IA Captain shall make themselves available to meet with the involved member and/or their bargaining unit representative or attorney (if present), and peer and community voting members, to review the PRB's process. 

6.    PSD Responsibilities. 
6.1.    The IA Captain shall notify the involved member, or their designated representative, and the Chief, regarding the PRB's recommended Findings and corrective action by the end of the day that the hearing is conducted.

6.2.    PSD shall facilitate the case file review by the PRB's voting and advisory members, and the involved member(s) and/or their union representatives.

6.3.    PSD staff shall distribute copies of the case file to the voting and advisory members of the PRB at least five days before the hearing.

6.4.    The IA Captain shall not disclose how individual members voted.

7.    PRB Coordinator Responsibilities.
7.1.    The Review Board Coordinator shall:
7.1.1.    Set the hearing date and schedule the facilitator, voting members and advisory members for each PRB;
7.1.2.    Perform all facilitator duties if there is no other facilitator available;
7.1.3.    At least 14 days before the hearing: 
7.1.3.1.    Notify the voting and advisory PRB members and the involved Bureau member(s) of the PRB hearing date, time, and location; and
7.1.3.2.    Provide information to the involved member that details the PRB hearing process and agenda.
7.1.4.    Provide PRB members with a written description of the PRB procedures;
7.1.5.    At the hearing's conclusion, provide a written copy of the PRB's majority Findings to the IA Captain; 
7.1.6.    Upon receiving the PRB Facilitator's memorandum containing the PRB's recommended Findings and recommendations, forward the memorandum through IA to the Chief within seven days.
7.1.6.1.    If the Chief is unable to reach a Finding after conducting an initial review and requests additional investigation, the PRB Coordinator shall forward the PRB Facilitator's updated memorandum containing the PRB's recommended Findings and recommendations to the Chief within seven days of receiving the memorandum. 
7.1.7.    Serve as the custodian of all PRB records while PSD shall maintain a record of all Action Items recommended and document the actions taken in response to the recommendations; and
7.1.8.    At least twice each calendar year, or as deemed necessary by the PRB, release a public report including the summations of the statements of Findings, and training or investigation issues written by the PRB Facilitator(s). Except as provided otherwise City Code 3.20.140(I), the reports shall not include the names of involved members, witnesses or complainants. A case may not be included in the report until a final determination, including corrective action (if any), is made by the Chief or City Administrator.

8.    PRB Facilitator Responsibilities.
8.1.    The PRB Facilitator shall:
8.1.1.    Balance participation in PRB meetings, as appropriate, pay attention to group dynamics, and strictly adhere to the established board processes and rules;
8.1.2.    Remain neutral and not influence PRB members' decision-making or encourage a particular recommendation, even if the facilitator has an opinion on the subject matter. The facilitator shall allow voting board members to arrive at their own conclusions and recommendations.
8.1.2.1.    The PRB Facilitator shall recuse themselves from participating in a PRB if they have a potentially strong bias regarding a particular case.
8.1.3.    Prepare a written statement of recommended Findings and recommendations, along with any proposed corrective action, as well as any policy, training and/or investigation issues or concerns raised by the PRB to the PRB Coordinator within seven days of the PRB meeting date and include the following:
8.1.3.1.    A case summary;
8.1.3.2.    The PRB's recommended Findings and a brief explanation of the board's rationale for its recommendations, including a description of the recommendations proposed by members voting in the minority, when the decision is not unanimous; 
8.1.3.3.    The PRB's range of recommended corrective action, if any; and
8.1.3.4.    Any policy, training or supervisory issues raised by the PRB.

8.2.    Facilitators shall maintain strict confidentiality of all case file information and PRB discussions and deliberations.

9.     Chief (or designee) Responsibilities.
9.1.    Review the case file and, considering the PRB recommendations, make a proposed determination of Findings and discipline.  

9.2.    Notify IA of their Findings within seven days of receiving the PRB Facilitator's memorandum from IA.

9.3.    If the Chief is unable to reach a proposed Finding on the current record, they may request that investigations return to the investigating entity for additional investigation or information needed to determine Findings and corrective action.
9.3.1.    The Chief shall prepare a Request for Additional Information memorandum, to include the specific investigation and/or information requested.
9.3.2.    The case shall return to the investigating entity who shall conduct the requested additional investigation. The investigating entity must make reasonable attempts to conduct the additional investigation or obtain the additional information within ten business days. 
9.3.3.    The investigating entity shall return the case to the PRB Coordinator at the conclusion of the additional investigation.
9.3.4.    The PRB shall consider any new information offered by the investigating entity. Voting members shall again reach a conclusion regarding each allegation before them based upon the preponderance of evidence standard (i.e., changing their initial recommended Findings and corrective action or each component intact).
9.3.5.    By the end of the day of the completed PRB review, the IA Captain shall notify the involved member and the Chief regarding whether the PRB's recommended Findings and corrective action changed.
9.3.6.    The Chief shall again review the case file and consider the PRB's new or reaffirmed recommendations to make a proposed determination of Findings and corrective action.
9.3.7.    The Chief shall then notify IA of their proposed determination within seven days of receiving the PRB Facilitator's updated memorandum from IA.

10.    Involved Member.
10.1.    The involved member shall receive at least 14 days' notice to review the case file before the PRB meeting.
10.2.    If the involved member and/or their representative elect to attend, they may, after the presentation of the case, provide a personal statement of relevant details.  
10.2.1.    The involved member may provide the information to the PRB in written or oral format.
10.3.    The involved member may remain at the hearing until the Executive Session.

11.    Special Case Findings.
11.1.    Findings for deadly force or in-custody death cases shall be limited to the following:
11.1.1.    In Policy: The member's actions complied with policies; or 
11.1.2.    Out of Policy: The member's actions violated policy.

11.2.    Any Finding may include a recommendation for action items or a debriefing regarding any of the following: 
11.2.1.    Critical Incident Stress Debriefing for the involved member and/or chain of command;
11.2.2.    Organizational Assessments to include policies, training, equipment, and/or tactics.

Effective:               5/30/2026
Next Review:         5/30/2028