336.00 POLICE REVIEW BOARD
Refer: DIR 330.00 Internal Affairs, Complaint Investigation Process
DIR 341.00 Discipline Process
DIR 342.00 Performance Deficiencies
DIR 343.00 Criminal Investigations of Portland Police Employees
DIR 344.00 Prohibited Discrimination
Applicable Bargaining Agreements
The Police Review Board (336.00)
The Police Review Board (PRB) will serve as an advisory body to the Chief of Police. The PRB will review cases as defined in subsequent sections of this directive.
Directive Specific Definitions
Action Items: Recommendations for the review of policies, training, supervision, tactics, and equipment that are identified during the review board process.
Case File: File containing the originals or copies of the Internal Affairs (IA) file or other investigation materials for a PRB case and the proposed findings.
Controverted Recommendation: RU manager’s recommended finding or proposed discipline that is challenged by the Professional Standards Captain, by a Branch chief / Director, or the Independent Police Review (IPR) Director (or designee).
Involved Member: The member whose actions are the subject of review.
The Police Review Board’s Scope (336.00)
The PRB will review all cases involving non-probationary sworn Involved Members when:
- An investigation resulted in a proposed sustained finding with proposed discipline of suspension without pay or greater.
- Recommended findings are controverted by IPR, the Professional Standards Division, or the involved member’s Branch Chief.
- When requested by the Chief of Police, Branch Chief / Director, Professional Standards Division Captain, or IPR Director.
- An investigation regarding alleged violations of City of Portland rules regarding discrimination results in a proposed sustained finding.
- The case involves the following types of Use of Force:
1. Officer involved shooting
2. Death in-custody
3. Proposed sustained findings for out-of-policy deployment of less-lethal weapons
4. Physical injury caused by a member that requires hospitalization.
The PRB may review cases involving probationary sworn Involved Members at the request of the Chief of Police, Branch Chief / Director or IPR director (or designee). However, the Bureau may discipline or terminate the employment of a probationary officer without convening a PRB.
The PRB may also review any case involving non-sworn Involved Members at the request of the Chief of Police or Branch Chief / Director. However, the Bureau may discipline or terminate the employment of a non-sworn member without convening a PRB.
Types of findings for Deadly Force and In Custody Death cases
The recommended finding for a deadly force or in-custody death case will be one of the following:
- In Policy: The member’s actions complied with policies.
- Out of Policy: The member was found to be in violation of policy.
- An In Policy finding may include a recommendation for a debriefing regarding any of the following:
- Tactical Development: An opportunity to develop new tactics or modify existing tactics was identified.
- Organizational Review: Issues regarding Bureau organizational structure or process were identified.
- Performance Analysis: While there were no policy violations identified, an involved member or supervisor would benefit from a critique of the incident.
The Police Review Board’s Responsibilities (336.00)
- Voting PRB members shall review the Case File before participating in the PRB hearing.
- Voting PRB members may request from the Review Board Coordinator any additional information they feel is necessary to make recommendations to the Chief.
- Advisory PRB members may participate in case discussions and raise issues as appropriate.
- Voting members may make the following recommendations:
- Recommendations regarding the adequacy and completeness of an investigation.
- Recommendations regarding findings and the level of discipline. In cases where discipline is recommended, the PRB shall recommend a level of discipline that is consistent with the applicable City and Bureau rules, including obligations under collective bargaining agreements.
- Recommendations regarding Action Items.
- Recommendations regarding training, policy and supervisor response.
- Information about case files and PRB discussions and deliberations is strictly confidential.
Police Review Board Composition (336.00)
A PRB will be composed of five voting members and nine advisory members as follows.
- The involved member’s branch Chief (or Branch Director).
- One peer member of the same or comparable rank or classification as the member being reviewed.
- One citizen member.
- The involved member’s RU Manager.
- The IPR Director (or designee).
- The remaining branch Chiefs/Director.
- A Professional Standards Division representative.
- A Training Division representative.
- A Bureau of Human Resources representative.
- A City Attorney’s Office representative.
- A representative of the Commissioner in Charge.
- The Review Board Coordinator.
- The Review Board Facilitator.
Citizen and Peer members will be selected from their respective pools by the Review Board Coordinator. A quorum of four Voting Members, including the Citizen member, and four Advisory members, are required to convene a PRB.
When the case involves a use of force subject to PRB review, one additional citizen member and one additional peer member shall serve on the Board, for a total of seven voting members. A quorum of six voting members, including two citizen members, and four Advisory members, is required to be present to make recommendations to the Chief.
During the case presentation the following may also be present:
a. The Involved member(s)
b. Either a representative of the Involved Member’s bargaining unit or an attorney.
c. Representatives of investigative divisions (e.g. Internal Affairs, Detectives, Precinct).
d. Others invited at the discretion of the Chief of Police.
A bargaining unit representative may also be present during any portion of the PRB executive session in which a non-board member “presenter” from the Training Division, Internal Affairs, or the Detective Division is allowed to attend.
Involved Members’ Responsibilities (336.00)
a. The Involved Member will be given at least 14 days to review the case file before the PRB meeting.
b. If the involved member elects to be present, he/she may, after the presentation of the case, provide a personal account of relevant incident details. The involved member must make this presentation him/herself. Bargaining unit representatives and attorneys are allowed in an advisory role only, and may not make separate presentations to the board.
c. The involved member may provide information to the PRB in written or oral format.
d. The involved member may remain until executive session.
Review Board Coordinator’s (RBC) Responsibilities (336.00)
a. Upon receipt of a qualifying case file or request from IA, the RBC shall set a date for the hearing. The hearing must be within 21 days from receipt of the file.
1. The RBC will select the facilitator and voting members for the PRB.
b. At least 14 days prior to the hearing, the RBC shall notify the voting and advisory PRB members and the involved Bureau member(s) of the date, time, and location of the PRB hearing.
c. The RBC will facilitate review of the case file by the involved member, bargaining unit member, citizen member and peer member at a Bureau facility selected by the RBC.
d. The RBC will distribute copies of the case file to the other voting PRB members at least 5 days prior to the hearing.
e. The RBC will provide PRB members with a written description of the PRB procedures.
- f. At the conclusion of the hearing, the RBC will notify the Professional Standards Division in writing of the PRB’s recommendations.
g. The RBC will notify the Board members of the final decision by the Chief of Police regarding the case.
h. The RBC will be the custodian of the records of all PRBs.
i. The RBC will maintain a record of all Action Items recommended and document the actions taken in response to the recommendations.
Board Facilitator’s Responsibilities (336.00)
- The Facilitator will be neutral and not lead the PRB toward a recommendation. The Facilitator is not to express any opinions on matters considered by the PRB.
- The Facilitator will draft the PRB’s recommendation statement and submit it to the Chief through the RBC within fourteen calendar days of the PRB meeting date.
- The statement shall include:
- The PRB’s recommended findings and a brief explanation of the Board’s rationale for its recommendations,
- The PRB’s range of recommended discipline, if any.
- Any policy, training or supervisory issues raised by the PRB.
- If the PRB’s vote is not unanimous, the statement shall also contain a description of the minority members’ recommendation and rationale.
- The statement shall include:
- At least twice each calendar year, the RBC will release a public report including the summations of the statements of findings and training or investigation issues written by the PRB facilitator(s). The reports shall not include the names of involved officers, of witnesses, or complainants. A case may not be included in the report until a final decision, including discipline (if any), is made by the Chief or Commissioner in Charge.
- Facilitators shall maintain strict confidentiality of all case file information and PRB discussions and deliberations.
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