336.00, Police Review Board
Refer:
- Portland City Code 3.20.140 Police Review Board
- Portland City Code 3.21 City Auditor’s Independent Police Review
- City of Portland, Human Resource Administrative Rule 2.02, Prohibition Against Workplace Harassment, Discrimination and Retaliation
- DIR 330.00, Internal Affairs, Complaint Intake, and Processing
- DIR 335.00, Discipline Process
- DIR 640.52, Vehicle Collision Review Board
Definitions:
- Action Items: Recommendations to the Chief to consider the review of policies, training, supervision, tactics, and equipment identified during the Police Review Board (PRB) process.
- Case File: Administrative package containing the originals or copies of the Internal Affairs (IA) investigation or other investigation materials, including all materials related to findings.
- Controverted: A Responsibility Unit (RU) Manager’s recommended finding or proposed discipline that is challenged by the Captain of the Professional Standards Division (PSD), an Assistant Chief, or the Independent Police Review (IPR) Director or designee.
- Police Review Board: An advisory body to the Chief. The PRB reviews certain incidents and investigated complaints of alleged misconduct involving current or former Bureau employees, reviews certain use of force incidents involving sworn officers, and makes recommendations to the Chief regarding findings, action items, and proposed discipline. The PRB may also make recommendations to the Chief regarding the adequacy and completeness of an investigation.
Policy:
1. The City of Portland established the PRB to conduct an additional review of qualifying cases regarding 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.
2. While this directive provides guidance to members regarding the PRB hearing process, Portland City Code 3.20.140, Police Review Board, more thoroughly delineates the purpose, authority and composition of the PRB.
Procedure:
1. Powers of the PRB.
1.1. The PRB shall review incidents and investigate complaints of alleged misconduct and inquiries regarding use of force incidents by non-probationary sworn members in the following cases:
1.1.1. An investigation resulting in a recommended sustained finding with proposed discipline of suspension without pay or greater.
1.1.2. If the supervising Assistant Chief, the IPR Director, or the PSD Captain controverts the recommended findings or proposed discipline of the Responsibility Unit (RU) manager.
1.1.3. The case involves the following types of use of force:
1.1.3.1. Officer involved shooting;
1.1.3.2. In-Custody Death;
1.1.3.3. Proposed sustained finding for out-of-policy deployment of less-lethal weapons; or
1.1.3.4. Physical injury caused by a member that requires hospital admission.
1.1.4. An investigation regarding an alleged violation or violations of City of Portland Human Resources Administrative Rules (HRARs) regarding discrimination that results 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. of this directive and incidents and investigated complaints of alleged misconduct when referred by the Chief, an Assistant Chief, or the IPR Director. However, nothing in City Code 3.20.140 prohibits the Bureau from disciplining or terminating the employment of a probationary sworn member without convening a PRB or following the procedures of the City Code or this Directive.
2. Composition of the PRB.
2.1. The PRB shall be composed of five voting members and eight advisory members. All PRB members shall be advised of every case presented to them. A quorum of four voting members, including the community member and the RU Manager or designee, and four advisory members is required to be present to make recommendations to the Chief. The PRB shall be comprised of the following voting members:
2.1.1. A community member. Members shall refer to Directive 337.00, Police Review Board Personnel Selection, for the qualification standards and appointment procedures for community members of the PRB;
2.1.2. A peer member of the same rank or comparable rank or classification as the Bureau member under review;
2.1.3. The Assistant Chief or designee of the member under review;
2.1.4. The IPR Director or a designee; and
2.1.5. The RU Manager or designee of the member under review.
2.2. When the case involves the use of force, one additional community member, drawn on a rotating basis from the pool of current Citizen Review Committee (CRC) members, as described in City Code 3.21.080, and one additional peer member shall serve on the PRB, for a total of seven voting members. A quorum of six voting members, including two citizen members, and the RU Manager or designee, and four Advisory members is required to be present to make recommendations to the Chief.
2.3. The PRB shall be comprised of the following advisory members:
2.3.1. The PSD Manager or designee;
2.3.2. The PPB Human Resources Manager or designee;
2.3.3. A representative from the City Attorney’s Office (CAO);
2.3.4. The PRB Coordinator;
2.3.5. A representative of the Commissioner in Charge of the Bureau (“Commissioner in Charge”);
2.3.6. The Training Division Captain or designee; and
2.3.7. The other branch Assistant Chief(s) who do not serve as the supervisor of the member under review.
3. Other PRB Hearing Attendees.
3.1. During the case presentation, the following individuals may also be present:
3.1.1. The involved member.
3.1.2. Either a representative of the involved member’s bargaining unit or an attorney.
3.1.3. Representatives from the investigative divisions (e.g., IA, Detective Division, etc.).
3.1.4. Other individuals invited at the discretion of the PSD Captain.
3.2. After the presentation of the facts of the case, the involved member, their union representative and the case investigators will vacate, except as provided in Section 3.3, and the PRB members will convene into an executive session to discuss the presentation findings and vote. If the finding is sustained, PRB members will discuss proposed discipline.
3.2.1. The PSD Captain shall have the discretion to allow non-involved observers (e.g., IA staff) to remain in the hearing through the executive session for training or similar purposes.
3.3. Pursuant to the terms of PPA collective bargaining agreement, PPA union representative shall be allowed to be present during any portion of the PRB Executive Session in which non-Board member “presenter” representatives of Training Division, Internal Affairs Division, 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 prior to the PRB hearing.
4.1.1. During the review of the case file, if a voting member deems that additional information is needed in order to render a finding, the voting member shall apprise the PRB Coordinator of their need. The PRB Coordinator will solicit assistance from the IA investigator to answer any questions. Any unanswered questions shall be brought to the attention of the PSD Captain prior to the hearing.
4.2. An advisory member’s role is to answer the questions of voting members and to bring to the attention of the PRB clarifying facts within their area of expertise. Advisory members will not provide opinions or information outside of their areas of expertise.
4.3. Voting members shall reach a conclusion regarding each allegation before them based upon a preponderance of evidence standard.
4.4. In cases where voting members recommend a sustained finding, they shall also recommend discipline that is consistent with applicable City and Bureau rules, the Discipline Guide, and obligations under collective bargaining agreements.
4.5. Voting members may make recommendations regarding the following:
4.5.1. The adequacy and completeness of an investigation; and/or
4.5.2. Policy or training.
4.6. All information and discussions are confidential and shall only be discussed amongst participants of the particular review for the purposes of the particular review.
4.7. By majority vote, the PRB may request that investigations be returned to the investigating entity for additional investigation necessary to reach a finding. 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 10 business days or provide a written statement to the PRB explaining why additional time is needed.
5. PSD Captain Responsibilities.
5.1. Convening a PRB.
5.1.1. Within seven days of receipt of the findings review from IPR, the Assistant Chief and IA, the PSD Captain shall present a qualifying case file to the PRB Coordinator, authorizing the scheduling of a PRB hearing.
5.1.2. The PSD Captain shall approve any delays in scheduling PRB hearings and ensure the reason is documented in the case file.
5.1.3. On the date of the hearing, the PSD Captain shall meet with the involved member and/or their bargaining unit representative or attorney (if present), peer and community voting members, and review the PRB’s process.
5.1.3.1. The PSD 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.
5.1.3.2. The IA unit shall facilitate the review of the case file by the involved member(s) and/or their union representatives.
5.1.4. The PSD Captain shall not disclose how individual members voted.
6. PRB Coordinator Responsibilities.
6.1. The PRB Coordinator shall:
6.1.1. Upon receipt of a qualifying case file or request from the PSD Captain, set a date for the hearing. The hearing must be within 21 days from receipt of the file. If a reason exists to convene a hearing on a date outside of the 21 day requirement, notify the PSD Captain of the delay and reason;
6.1.2. Schedule the facilitator, community members, and peer members for each PRB;
6.1.3. At least 14 days prior to the hearing, notify the voting and advisory PRB members and the involved Bureau member(s) of the date, time, and location of the PRB hearing;
6.1.4. Facilitate the review of the case file by the community and peer members at a Bureau facility selected by the PRB Coordinator;
6.1.5. Distribute copies of the case file to the voting and advisory members of the PRB at least five days prior to the hearing;
6.1.6. Provide PRB members with a written description of the PRB procedures;
6.1.7. At the conclusion of the hearing, provide a written copy of the PRB’s majority findings to the PSD Captain;
6.1.8. Upon receipt of the PRB Facilitator’s memorandum containing the PRB’s recommended findings and recommendations, forward the memorandum to the Chief within seven days.
6.1.8.1. If the Chief is unable to reach a finding after conducting an initial review and requests an 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 receipt of the memorandum.
6.1.9. 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
6.1.10. At least twice each calendar year, release a public report including the summations of the statements of findings and training or investigation issues written by the PRB facilitator(s). 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 decision, including discipline (if any), is made by the Chief or Commissioner in Charge.
7. PRB Facilitator Responsibilities.
7.1. The PRB Facilitator shall:
7.1.1. Balance participation in PRB meetings as appropriate, pay attention to group dynamics, and strictly adhere to the established board processes and rules;
7.1.2. Remain neutral and not influence PRB members’ decision-making or encourage a particular recommendation, even if the facilitator possesses an opinion on the subject matter. The facilitator shall allow voting board members to arrive at their own conclusions and recommendations.
7.1.2.1. The PRB Facilitator shall recuse themselves from participating in a PRB if they have a potentially strong bias with regard to a particular case.
7.1.3. Prepare a written statement of recommended findings and recommendations, along with any proposed discipline, as well as any policy, training and/or investigation issues or concerns raised by the PRB. The completed statement must be submitted to the PRB Coordinator within two weeks of the PRB meeting date and include the following:
7.1.3.1. A summary of the case;
7.1.3.2. 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;
7.1.3.3. The PRB’s range of recommended discipline, if any; and
7.1.3.4. Any policy, training or supervisory issues raised by the PRB.
7.1.4. If the Chief is unable to reach a finding after conducting an initial review, prepare an updated written statement of recommended findings and corrective action, which reflects any changes to or reaffirms the PRB’s initial recommendations. The completed statement must be submitted to the PRB Coordinator within two weeks of the PRB’s additional review and should include the information outlined in Sections 7.1.3.1. through 7.1.3.4. of this directive.
7.2. Facilitators shall maintain strict confidentiality of all case file information and PRB discussions and deliberations.
- Chief Responsibilities.
8.1. Review the case file and, considering the PRB recommendations, make a final determination of findings and discipline.
8.2. Notify the PRB Coordinator of the Chief’s findings within two weeks of receipt of the PRB Facilitator’s memorandum from the PRB Coordinator.
8.3. If the Chief is unable to reach a finding on the current record, they may request that investigations be returned to the investigating entity for additional investigation necessary to make a determination of findings and discipline.
8.3.1. The case shall return to the purview of the PRB, and 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 10 business days or provide a written statement to the PRB explaining why additional time is needed.
8.3.2. 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).
8.3.3. The PSD Captain shall notify the involved member and the Chief regarding the PRB’s recommended findings and corrective action by the end of the day of the completed PRB review, whether or not the PRB changes its recommended findings or corrective action.
8.3.4. The Chief shall again review the case file and consider the PRB’s new or reaffirmed recommendations to make a final determination of findings and discipline.
8.3.5. The Chief shall then notify the PRB Coordinator of their findings within two weeks of receipt of the PRB Facilitator’s updated memorandum from the PRB Coordinator.
9. Involved Member.
9.1. The involved member shall be given at least 14 days to review the case file before the PRB meeting.
9.2. If the involved member and/or their representative elect to be present, they may, after the presentation of the case, provide a personal statement of relevant details.
9.2.1. The involved member may provide the information to the PRB in written or oral format.
9.3. The involved member may remain in the hearing until executive session.
10. Special Case Findings.
10.1. Findings for deadly force or in-custody death cases shall be limited to the following:
10.1.1. In Policy: The member’s actions complied with policies; or
10.1.2. Out of Policy: The member was found to be in violation of policy.
10.2. Any finding shall include a recommendation for action items or a debriefing regarding any of the following, if:
10.2.1. Critical Incident Stress Debriefing for the involved member and/or chain of command;
10.2.2. Organizational Assessments to include policies, training, equipment, and/or tactics.
History:
- Originating Directive Date: 12/21/07
- Last Revision Signed: 03/26/20
- Effective Date: 04/25/20
- Next Review Date: 04/25/21