310.20, Retaliation Prohibited
- City of Portland, Human Resources Administrative Rule 2.02, Prohibition Against Workplace Harassment, Discrimination and Retaliation
- Directive 312.50, Identification
- Directive 330.00, Internal Affairs, Complaint Intake and Processing
- Directive 344.00, Compliance with Human Resources Administrative Rules
- Retaliation: Adverse conduct towards an individual, not otherwise authorized by law or policy, which is in response to an action taken or perceived to be taken by the individual. Retaliatory conduct may impact personal or professional reputations, may impact an individual’s ability to perform their job, and may deter an individual, or other individuals, from exercising their legal rights or making or supporting a claim or complaint. The intent or consent of individuals involved does not matter.
- Retaliation in the Workplace:
1.1. In order to maintain a positive and supportive working environment in which all members have the opportunity to perform their duties to their fullest potential, the Police Bureau prohibits members from engaging in any form of retaliation against other members or employees of the City.
1.2. Under Human Resources Administrative Rule 2.02, Prohibition Against Workplace Harassment, Discrimination and Retaliation, retaliation manifests in the workplace in two primary ways:
1.2.1. In forms of retaliation that violate state and federal laws; and
1.2.2. In forms of inappropriate conduct that may not violate law, but which violate City rules because the conduct is not conducive to creating a respectful and professional work environment.
1.3. City rules cover both types of behavior. The intent of applicable City rules and this Directive is to prohibit conduct that is unlawful, as well as other inappropriate conduct, before it rises to the level of unlawful retaliation. Examples of actions that may constitute explicit or implicit workplace retaliation (can be supervisor to direct report, supervisor to supervisor, member to member or member to employee) include, but are not limited to:
1.3.1. Adverse employment action such as termination of employment, demotion, suspension, failing to hire or consider hiring, failing to treat impartially when making employment decisions, assigning undesirable work, shunning;
1.3.2. Intentionally not providing cover, support, or assistance, or intentionally responding to calls for cover, support, or assistance in an untimely manner;
1.3.3. Creation of a hostile work environment;
1.3.4. Intimidation or ridicule;
1.3.5. Rude, discourteous or disrespectful behavior;
1.3.6. Inappropriate jokes, comments or gestures.
2. Retaliation in the Community:
2.1. In order to maintain community credibility it is essential that community members do not fear retaliation by Bureau members. Any form of retaliation against a community member is prohibited. Examples of actions that may constitute explicit or implicit retaliation in the community include, but are not limited to:
2.1.1. Bureau member issuing a citation to or taking other action against a community member for:
18.104.22.168. Exercising their legal rights,
22.214.171.124. Reporting or making a claim of misconduct regarding a Bureau member,
126.96.36.199. Questioning the legality of a Bureau member’s actions, or
188.8.131.52. Asking for a Bureau member’s name, business card, and/or Bureau I.D. number.
3. Reporting Retaliation:
3.1. Members shall immediately report any retaliatory behavior they observe or become aware of to their own manager or supervisor, or to another manager or supervisor. Members are not required to follow chain of command in reporting retaliation. Members may also report retaliatory behavior to the Bureau of Human Resources.
3.2. Managers and supervisors shall take immediate action to stop and prevent any retaliation they observe or become aware of and shall immediately report any retaliation they observe or become aware of to their supervisor and their Assistant Chief, unless their supervisor is engaged in the retaliation, in which case the manager or supervisor is only required to report the retaliation to their Assistant Chief. If the Assistant Chief is engaged in the retaliation, the manager or supervisor shall report the retaliation to the Chief of Police, or the Police Commissioner. If the Chief of Police is engaged in the retaliation, the manager or supervisor shall report the retaliation to the Police Commissioner.
- Originating Directive Effective: 09/06/01
- First Revision Effective: 11/19/14
- Second Revision Effective: 7/30/15
- Next Review Date: 7/30/16
- Review By: Chief’s Office