AUTHORIZATION TO WITHDRAW PORTLAND POLICE BUREAU OFFICERS FROM FEDERAL JOINT TERRORISM TASK FORCE AND ESTABLISH PROTOCOLS FOR COOPERATING WITH THE FBI ON TERRORISM INVESTIGATIONS ON A CASE-BY-CASE BASIS
Binding City Policy
BCP-PSF-7.03
PURPOSE
WHEREAS, the fundamental role of the City of Portland is to provide for the health, safety, and welfare of all people who reside, work, worship and recreate in Portland; and
WHEREAS, the Portland Police Bureau (PPB) is responsible for protecting the lives, property, and rights of all people, through collaborative partnerships with the community and other agencies; and
WHEREAS, the people of Portland are far more likely to experience life-challenging crimes such as auto theft, property theft, assault, injury due to impaired driving, and other such offenses that are not federal crimes, rather than crimes related to terrorism and threat incidents, and the PPB has claimed they are understaffed to address these local crimes while at the same time dedicating staff hours to the JTTF; and
WHEREAS, all Portland Police Bureau personnel are accountable to the Police Chief and Commissioner-in-charge for carrying out their lawfully assigned duties and responsibilities; and
WHEREAS, in order to provide appropriate supervision the Police Chief, Commissioner-in-Charge and City Attorney must have clearance and access to review all actions of Portland Police Bureau personnel; and
WHEREAS, many Portlanders believe the PPB’s participation in the FBI’s JTTF is not consistent with state and local laws as well as the policies established by the PPB to ensure the protection of civil liberties and civil rights, avoid profiling, avoid use of city staff and resources in federal immigration enforcement, uphold supervision and accountability procedures to provide for consistent application of the PPB’s standards and provide transparency and enhance public confidence; and,
WHEREAS, the city of Portland is home to various immigrant communities that contribute to the social, political, economic and cultural richness of the city. These include but are not limited to Arab, Middle Eastern, Muslim and South Asian, African, and other communities that are often marginalized and have been targeted by policies of the current federal government; and
WHEREAS, the City of Portland’s participation in the JTTF, which includes Immigration and Customs Enforcement, runs counter to state and city policy limiting cooperation with enforcement of federal immigration laws;
POLICY
NOW, THEREFORE, BE IT RESOLVED, that the City of Portland and the PPB hereby are withdrawing from participation in the JTTF. Withdrawal must be completed within 90 days of this Resolution’s passage.
BE IT FURTHER RESOLVED, that the Mayor and Commissioner Hardesty, after consultation with PPB Chief Outlaw, will return to Council within 55 days of this Resolution’s passage with another Resolution detailing how the City of Portland and PPB will handle information coming from federal investigators and under what circumstances PPB will provide information to and cooperate with ongoing terrorist and threat investigations being conducted by federal agencies within Portland.
BE IT FURTHER RESOLVED, that this is binding city policy.
HISTORY
Resolution No. 37415, adopted by City Council February 13, 2019.