338.00, Discipline Guide
Refer:
- DIR 335.00, Discipline Process
- Portland Police Bureau Discipline Guide
Definition:
- Aggravating Factor: A circumstance, fact, or influence that may increase the level of discipline recommended.
- Discipline Guide: An advisory document used to provide direction to Responsibility Unit Managers, the Police Review Board, the Chief of Police, and the Commissioner in Charge, when determining appropriate discipline.
- Mitigating Factor: A circumstance, fact, or influence that may reduce the level of discipline recommended.
Policy:
- Imposing discipline for sustained allegations of misconduct is necessary to hold members accountable for their conduct and performance. Discipline shall be reasonably predictable and consistent. The appropriate discipline shall be based on the nature of the allegation, with both mitigating and aggravating factors considered in light of a member’s disciplinary history. The Portland Police Bureau (PPB) requires members involved in recommending discipline to reference the Discipline Guide when making a determination.
Procedure:
- Bureau members involved in the disciplinary process shall refer to and acknowledge use of the Discipline Guide in making their recommendations regarding discipline.
1.1. Outside of the PRB, if any members recommend or impose discipline at a level outside the Discipline Guide, they shall provide a written explanation.
1.2. During a PRB, if any voting member recommends discipline at a level outside the Discipline Guide, they shall provide a verbal explanation. The Facilitator shall document the reasoning in the memorandum to the Chief.
1.3. In all cases where the Chief’s and Police Commissioner’s final discipline is outside of the range recommended by the discipline guide, the Chief and Police Commissioner shall provide an explanation in the final discipline letter of the reason(s) for imposing discipline outside of the recommended range.
2. Professional Standards Division (PSD)/Internal Affairs (IA) shall include a copy of the Discipline Guide when providing case materials for review and findings.
3. PSD and the City
Attorney’s Office shall review the Discipline Guide on an annual basis to consider any changes to the Discipline Guide, Aggravating Factors, or Mitigating Factors. Any recommended changes shall be forwarded to the Chief of Police and Commissioner in Charge for review and approval.
4. PSD shall post the Discipline Guide online; however, the Police Review Board Coordinator shall provide a written copy when requested.
History:
- Originating Directive Date: 10/30/14
- Last Revision Signed: 03/26/20
- Effective Date: 04/25/20
- Next Review Date: 04/25/21