0645.00 Identifiability Requirements and Assistance with Federal or Out-of-State Law Enforcement Operations (INTERIM)

0645.00, Identifiability Requirements and Assistance with Federal or Out-of-State Law Enforcement Operations (Interim)

Refer: 
•    ORS 133.005, Definitions for ORS 133.005 – 133.400 and 133.410 – 133.450
•    ORS 254.470, Procedures for Conducting Election by Mail
•    ORS 254.472, Compartments for Marking Ballots
•    ORS 254.474, Voting Booths for Primary and General Elections
•    Oregon House Bill 4138 (2026)

Definitions:
•    Clearly and Visibly Display: For this directive, to wear externally in a size and location such as to be reasonably visible to a member of the public with whom the Bureau member interacts.

•    Facial Covering: Any opaque mask, garment, helmet, headgear, balaclava, tactical mask, gaiter, ski mask, or other item that conceals or obscures the facial identity of an individual. This does not include:
o    A medical-grade mask or respirator, including an N95 medical mask, worn to protect against the transmission of disease or infection, or any other mask, helmet or device, including air purifying respirators, full or half masks or self-contained breathing apparatuses, necessary to protect against exposure to any toxin, gas, smoke, flame or extreme or severely inclement weather; 
o    A mask, helmet, or device, including a self-contained underwater breathing apparatus, for use underwater;
o    A motorcycle or bicycle helmet when worn by a law enforcement officer utilizing a motorcycle, bicycle, or other vehicle that requires a helmet for safe operation while in the performance of the officer's duties; 
o    A fire helmet, when worn during an arson investigation; 
o    Eyewear necessary to protect the eyes from physical objects or the use of retinal  weapons, including lasers; or
o    A translucent face shield or clear mask that does not conceal the wearer's facial identity and is used in compliance with the employing law enforcement agency's policy.

•    Law Enforcement Activities: For this directive, activities involving patrol, investigation, arrest, detention, or other direct enforcement of criminal laws. This does not include appearances for testimony, training, or community engagement.

•    Law Enforcement Agency: A law enforcement agency that employs a peace officer as defined in ORS 133.005, a federal law enforcement agency, and a law enforcement agency of another state.

•    Law Enforcement Officer: An individual employed or contracted as an officer of a law enforcement agency.

•    Public Body: State government bodies, local government bodies and special government bodies.

Policy: 
1.    This interim directive establishes member identification requirements, Facial Covering restrictions, and procedures for assisting federal and out-of-state law enforcement agencies.

2.    The Portland Police Bureau is creating this interim directive to comply with statutory timelines required by House Bill 4138 (2026).

3.    Regarding Portland City Code Chapter 23.30, Identification of Law Enforcement Officers, the City of Portland will comply with any bargaining obligations as required under the Public Employees Collective Bargaining Act (PECBA). After engaging in good faith bargaining, as may be required by law, the Bureau will comply with the legal requirements as determined by City Code and the PECBA.  

Procedure: 
1.    Display of Identification. 
1.1.    Members in uniform, while on duty and actively engaged in law enforcement activities, shall Clearly and Visibly Display: 
1.1.1.    Their last name or an associated unique identifying number;
1.1.2.    The name of their employing agency affiliation (i.e., Portland Police Bureau), and
1.1.3.    Their Bureau-issued badge.

1.2.    Exceptions.
1.2.1.    Identification display requirements do not apply to members:
1.2.1.1.    Engaged in undercover duties as part of the regular performance of the member's official duties;
1.2.1.2.    Engaged in security or escort details as part of the regular performance of the member's official duties;
1.2.1.3.    Responding to exigent circumstances, if the member is responding while off duty; or
1.2.1.4.    In detective assignments actively engaged in investigative duties, including interviewing victims and witnesses.

2.    Facial Coverings.
2.1.    Members shall not wear a Facial Covering that conceals or obscures the member's facial identity while performing official duties except as described below.

2.2.    Exceptions.
2.2.1.    Members are permitted to wear a Facial Covering when:
2.2.1.1.    Engaged in undercover duties in the regular performance of their official duties;
2.2.1.2.    Working in extreme or severely inclement weather, including freezing temperatures, high wind, or highly dusty conditions; or
2.2.1.3.    Assigned to a tactical response team, while actively performing tactical duties, if a Facial Covering is necessary to protect the member's face from physical harm while performing such duties. For purposes of this paragraph, "tactical response team" includes: 
2.2.1.3.1.    The Special Emergency Response Team (SERT);
2.2.1.3.2.    The Explosive Disposal Unit (EDU); 
2.2.1.3.3.    Crisis Negotiation Team members, when working with SERT or      EDU; and
2.2.1.3.4.    The Canine Unit, when assigned to support high-risk warrant service, hostage rescue, an armed barricade response, or an active shooter response.
2.3.    Notwithstanding Section 2.2., during any time period in which votes for any state or federal election are being collected or tabulated, members may not, under any circumstances, wear a Facial Covering while performing official duties within 250 feet of:
2.3.1.    A place of deposit for ballots cast in an election described in ORS 254.470;
2.3.2.    A compartment, shelf, or table for the marking of ballots described in ORS 254.472; or
2.3.3.    A voting booth provided under ORS 254.474.
2.4.    A supervisor may not knowingly allow a member under their supervision to violate state law or agency policy limiting the use of facial coverings.

3.    Assistance with Federal or Out-of-State Law Enforcement Operations.
3.1.    Members, within the scope of their employment, are prohibited from intentionally assisting a federal Law Enforcement Agency or a Law Enforcement Agency of another state in investigating, apprehending or arresting individuals if the member knows that the investigation, apprehension or arrest is occurring:
3.1.1.    On the basis of an individual's conduct protected by Article I, section 8 or 26, of the Oregon Constitution, or the First Amendment to the United States (U.S.) Constitution, including speech, expression, association or assembly;
3.1.2.    On the basis of an individual's membership in, or support of another individual based on the other individual's membership in, a class of persons protected under the Oregon or U.S. Constitution or other state or federal law, including classes based on race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, disability, or age; or
3.1.3.    As part of an unlawful search or seizure or other surveillance activity conducted in violation of Article I, section 9, of the Oregon Constitution, or the Fourth Amendment to the U.S. Constitution.

3.2.    The following do not violate Section 3.1. of this directive:
3.2.1.    Any action or conduct required by state or federal law.
3.2.2.    Any action or conduct required by a judicial subpoena issued as part of a court proceeding or by another compulsory court-issued legal process.
3.2.3.    The provision of information, to the extent that the information is available to the general public and is provided under the same terms and conditions as the information is available to the general public.

3.3.    In addition to existing Bureau procedures regarding evaluating and responding to external requests for information and assistance, members shall not intentionally assist or intentionally cooperate with or intentionally allow any time, money, facilities, property, equipment, personnel or other resources to be used to assist, cooperate with or facilitate, any operation executed in whole or in part by a federal Law Enforcement Agency or a Law Enforcement Agency of another state, if the person is aware the operation is intended to:
3.3.1.    Identify, or impose civil or criminal liability upon, any individual, group, association, organization, corporation, business or partnership based on participation in activities protected by Article I, section 8 or 26, of the Oregon Constitution, or the First Amendment of the U.S. Constitution;
3.3.2.    Identify, or impose civil or criminal liability upon, any individual, group, association, organization, corporation, business or partnership based on membership in, or support of a person based on the person's membership in, a class of persons protected under the Oregon or U.S. Constitution or other state or federal law, including classes based on race, color, religion, sex, sexual orientation, gender identity, national origin, marital status, disability, or age; or
3.3.3.    Identify, or impose civil or criminal liability upon, any individual, group, association, organization, corporation, business or partnership based on political, religious or social views, associations or activities.
3.4.    Prior to providing assistance or cooperating with, or allowing time, money, facilities, property, equipment, personnel or other resources to be used to assist, cooperate with or facilitate, an operation executed in whole or in part by a federal Law Enforcement Agency or a Law Enforcement Agency of another state, a state or local Law Enforcement Agency or other Public Body, members may obtain from the federal or out-of- state Law Enforcement Agency an attestation, made under penalty of perjury, stating that the request does not relate to an operation or other activity prohibited by Section 3.1. of this Directive.
3.4.1.    Notwithstanding Section 3.1. of this Directive, a member that provides any assistance or cooperation to a federal Law Enforcement Agency or Law Enforcement Agency of another state, does not violate this directive if the assistance or cooperation is provided after receiving an attestation described in Section 3.4. However, nothing in this Directive requires a member to obtain the attestation prior to, during or after providing any assistance to or cooperating with a federal Law Enforcement Agency or Law Enforcement Agency of another state.

Effective:    09/27/2026