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City of Portland

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3.21.070 Powers and Duties of IPR.

(Amended by Ordinance Nos. 176317, 183657, 185076 and 186416, effective February 7, 2014.)  The Director’s powers and duties are the following:

A.  Intake.  IPR shall receive complaints and select the appropriate manner to address the complaint.

B.  Report on complaint activities. IPR shall track and report on the disposition of complaints to the public, IAD, the Chief, and the Council and monitor and report measures of activity and performance of IAD and IPR.  IPR will also monitor and track trends relating to member history and complaint type as well as frequency, consistency and adequacy of discipline imposed.  In performing these duties, IPR shall have access to Bureau data and records, including but not limited to raw data, tabulated summary statistics, other source materials, and any other format source necessary for IPR to perform its duties.  IPR shall also have direct access to original database sources as permitted by state and federal law.

C.  Access to Police data and data sources.  IPR shall have access to Bureau data and records, including but not limited to raw data, tabulated summary statistics, other source materials, and any other format source necessary for IPR to perform its duties.  IPR shall also have direct access to original database sources as permitted by state and federal law.

D.  Initiate, monitor and conduct investigations.  IPR is authorized to initiate, monitor and conduct administrative investigations.  IPR is authorized to identify complaints or incidents involving members that are of community concern which merit additional involvement of the Director and to review evidence and IAD investigation efforts, participate in investigations with IAD investigators, or conduct the investigations in conjunction with or independent of the Bureau.  The Bureau shall notify the Director that it intends to conduct an administrative investigation into misconduct before initiating the investigation. IPR will conduct these investigations in accordance with Human Resources Administrative Rules regarding process and investigation of complaints of discrimination.

E.  Compel review.  In accordance with the procedures of Code Section 3.20.140, the Director may compel review by the Police Review Board of any recommended findings of or recommendation for discipline by an RU Manager or Commanding Officer resulting from a Bureau or IPR administrative investigation of a member.  The Director may compel review by the Police Review Board on the basis of recommended discipline whether or not discipline was recommended as a result of the investigation.

F.  Communicate with Complainants.  IPR will be the primary contact with the complainant regarding the status and results of the complaint; to assist IAD in communicating with the Member.

G.  Arrange hearings of appeals.  IPR will explain the appeal options to complainants and schedule hearings before the Committee and Council.

H.  Recommend policy changes.  IPR will evaluate complaint and other information and investigation practices to make recommendations to the Chief to prevent future problems.  Policy change recommendations shall be published for public review.

I.  Outreach.  IPR will widely distribute complaint forms in languages and formats accessible to citizens, educate them on the importance of reporting complaints, and hold public meetings to hear general concerns about police services.

J.  Access to records.  Notwithstanding any other provision of City law, IPR shall have access to and be authorized to examine and copy, without payment of a fee, any bureau records, including records which are confidential by city law, and police databases, subject to any applicable state or federal laws. The Director shall not have access to legally privileged documents held by the City Attorney or Attorney-Client communications held by the City Attorney clients. The Director shall not disclose confidential records and shall be subject to the same penalties as the legal custodian of the records for any unlawful or unauthorized disclosure.

K.  Adoption of rules.  IPR shall adopt, promulgate, amend and rescind rules and procedures required for the discharge of the Director's duties, including policies and procedures for receiving and processing complaints, conducting investigations, and reporting findings, conclusions and recommendations.  However, the Director may not levy any fees for the submission or investigation of complaints.

L.  Review of closed investigations.  IPR shall hire a qualified person to review closed investigations pertaining to officer-involved shootings and deaths in custody on an ongoing basis.  IPR shall issue reports on an annual basis identifying any policy-related issues or quality of investigation issues that could be improved.  The Director and the Citizen Review Committee shall address any policy-related or quality of investigation issues that would warrant further review.

M.  Additional public reports.  The Director may issue public reports related to member misconduct trends and Bureau disciplinary practices.  Conduct investigative interviews of Bureau employees. 

N.   Conduct investigative interviews of Bureau employees. 

O.  All Bureau employees shall be truthful, professional and courteous in all interactions with IPR. No member shall conceal, impede or interfere with the filing, investigation or adjudication of a complaint.  

P.  The Auditor may work through the City Attorney’s Office to hire outside counsel when the Auditor and City Attorney agree that outside legal advice is necessary and advisable.