0750.00, Bureau Cooperation with the Federal Bureau of Investigation’s Joint Terrorism Task Force
Refer:
• ORS 181A.250 Specific information not to be collected or maintained
• ORS 181A.820 Enforcement of federal immigration laws
• City of Portland Resolution No. 37415, Authorize Withdrawal of Portland Police Bureau Officers from the Federal Joint Terrorism Task Force and establish protocols for cooperating with the FBI on terrorism investigation on a case-by-case basis
• City of Portland Resolution No. 37424 as amended, Establish Parameters of Cooperation Between Portland Police Bureau and the Federal Bureau of Investigation’s Joint Terrorism Task Force
• DIR 0310.70, Dissemination of Information
• DIR 0344.05 Bias-based Policing/Profiling Prohibited
• DIR 0631.30, Cooperation with Other Agencies
• DIR 0810.10, Bureau Contact with Members of Immigrant Communities and Individuals with Diplomatic Immunity
Definitions:
• Terrorism: Activities that A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State; and B) appear to be intended (i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.
Policy:
1. This directive establishes procedures for the Portland Police Bureau’s cooperation with the Federal Bureau of Investigation’s Joint Terrorism Task Force (JTTF).
2. In accordance with Oregon state law, the Bureau shall not collect or maintain information about the political, religious or social views, associations or activities of any individual, group, association, organization, corporation, business or partnership unless such information directly relates to an investigation of criminal activities, and there are reasonable grounds to suspect the subject of the information is or may be involved in criminal conduct.
Procedure:
1. Temporary Joint Terrorism Task Force Assignments.
1.1. The Chief may, upon request of the Portland Federal Bureau of Investigation (FBI) Special Agent in Charge (SAC), temporarily assign Bureau members to work with the Portland FBI JTTF to assist in the investigation of any individual suspected cases of terrorism and/or threats to life, including hate crimes, in or having a direct nexus to the City of Portland where there are reasonable grounds to suspect the subject of the information is or may be involved in criminal conduct.
1.2. The Chief of Police and any Bureau member temporarily assigned to the JTTF shall seek legal advice from the City Attorney whenever the Chief or the officer has a question about the application of Directive 750.00, Bureau Cooperation with the Federal Bureau of Investigation’s Joint Terrorism Task Force, City of Portland Resolution 37424 as Amended, or the laws of the State of Oregon, including Oregon Revised Statute (ORS) 181A.250 and ORS 181A.820, as related to their temporarily assigned work with the JTTF. Any consultation with the City Attorney shall be undertaken consistent with the requirements for the handling of classified information and with the other legal restrictions on the dissemination of information. In the event disclosure of classified information is necessary for the City Attorney to provide appropriate legal advice, the Chief of Police shall request the FBI SAC to authorize the City Attorney to receive such information pursuant to a non-disclosure agreement. If the City Attorney cannot obtain the necessary information to provide legal advice, the City Attorney shall notify the Chief of Police and the Commissioner-in-Charge of the Bureau, who may require the withdrawal of Bureau members from their temporary assignment(s).
2. Information Sharing Across Agencies.
2.1. The Chief of Police, while remaining in compliance with Oregon State law, shall request that the FBI JTTF share any and all information related to terrorism and/or threats to life, including hate crimes, pertinent to the health, safety and welfare of all people who reside, work, worship, attend school in, and/or recreate in the City of Portland.
2.2. The Chief of Police shall request that any such information that requires Bureau action be immediately shared with the Bureau’s Criminal Intelligence Unit (CIU) for review and investigative action.
2.3. The Chief of Police shall direct members of CIU to immediately share any information regarding the threat of terrorism with the JTTF, in compliance with Oregon State law.
2.4. In accordance with Directive 810.10, Bureau Contact with Members of Immigrant Communities and Individuals with Diplomatic Immunity, Bureau members shall not provide any information for the purpose of federal immigration law enforcement.
2.5. The sharing of information or follow up information by CIU officers shall not constitute a temporary assignment to the Portland FBI JTTF.
3. Joint Terrorism Task Force Coordination.
3.1. The Chief or Deputy Chief shall serve as the liaison to the FBI JTTF.
4. Member Training.
4.1. Bureau members temporarily assigned to work with the JTTF shall attend annual training conducted by the City Attorney’s Office to ensure compliance with applicable state and federal laws.
5. Reporting.
5.1. Bureau members receiving information about terrorism shall document the information and provide it to CIU for review, investigation, and sharing with the FBI JTTF.
5.2. The Bureau shall report to City Council on an annual basis, by the end of January, with information detailing the frequency with which the FBI’s SAC requested the assignment of PPB CIU officers for an investigation; the number of cases that were referred to the PPB by the FBI; the number of cases that were referred to the FBI by the PPB; the nature of closed cases referred to the PPB by the FBI, including the demographics of persons involved; and the disposition of those cases.
Established: 12/03/2019
Effective: 4/06/2024
Next Review Date: 4/06/2025