Directive 344.05, Bias-Based Policing/Profiling Prohibited
- Oregon House Bill 2002, (2015).
- Citywide Equity Goals and Strategies
- Directive 310.00, Conduct, Professional
- Directive 310.20, Retaliation Prohibited
- Directive 330.00, Internal Affairs, Complaint Intake and Processing
- Directive 344.00, Compliance with Human Resources Administrative Rules
- Directive 1500.00, Training
- Bias-Based Policing: The differential treatment of any person by Bureau members motivated solely by any characteristic of protected classification under city, state, and federal laws.
- Equity: The process of creating policies and procedures to promote the fair and unbiased treatment of all individuals and to remove differences in treatment of our members and community members based on protected classifications.
- Profiling: A form of bias-based policing, wherein a law enforcement officer targets an individual for suspicion of violating a provision of law based solely on the real or perceived factor of the individual’s protected classification, unless the officer is acting on a suspect description or information related to an identified or suspected violation of a provision of law.
- Protected classifications include the following:
- Race or color,
- National origin or ethnicity,
- Citizenship, immigrant or refugee status,
- Gender, gender identity, or gender expression,
- Marital or familial status,
- Sexual orientation,
- Mental or physical disability,
- Mental illness,
- Economic status,
- Political ideology or affiliation,
- Veteran status,
- Housing status (having or not having fixed residence, public assistance, use of shelter, homelessness (houselessness)).
- In accordance with Citywide Equity Goals and Strategies, City Bureaus will work to end racial and other disparities within city government, so there is fairness in hiring and promotions, greater opportunities in contracting, and equitable services to all residents.
2. The City of Portland, through the Office of Equity and Human Rights, recognizes its special role as a government entity to ensure that all people have access to the opportunities necessary to satisfy their essential needs, advance their well-being, and achieve their full potential. Equity is achieved when outcomes like economic status, education, access to healthcare, and other social determinants for success cannot be predicted by identity.
3. The Police Bureau will allocate resources, information, systems, and procedures which support the training and development of equity-informed knowledge, attitudes, and behaviors of all members.
1. The Portland Police Bureau is committed to providing services and enforcing laws in a professional, nondiscriminatory, fair and equitable manner. The intent of this Directive is to respect individual rights, build relationships, and increase Police Bureau legitimacy.
2. The Police Bureau is further committed to partnering with the criminal justice system to develop unbiased intergovernmental procedures and joining with community service providers to rehabilitate offenders through reconciliation with victims and the community at large, so as to facilitate trustworthy systems, productive lives, and a cost-effective society over arrest and incarceration.
3. It is the responsibility of the Police Bureau to administer a comprehensive training program that will provide for the professional growth and continued development of its members. Curriculum regarding legal and equity concepts and skill sets will be incorporated into training and reflect the Bureau’s commitment to equity in policy and practice.
4. Police Bureau members are prohibited from taking or not taking any police-action motivated by bias or profiling.
5. Characteristics of a protected classification may be taken into account when a member is acting on a suspect description or information related to an identified or suspected violation of a provision of law. Members must be able to articulate specific facts, circumstances or conclusions that support reasonable suspicion or probable cause for any stop, search, or seizure.
6. It is the responsibility of all Police Bureau members to proactively ensure compliance with this Directive. Any member who becomes aware of conduct that could constitute bias based policing shall take immediate action to stop or prevent the conduct and shall immediately report the conduct to his or her supervisor.
7. Managers and supervisors will reinforce the value of this directive and not wait for events to occur. Any supervisor or manager who is aware of bias based policing and condones it by action or inaction will be subject to disciplinary action.
- Complaint Intake:
1.1. In accordance with Directive 330.00, Internal Affairs, Complaint Intake and Processing, a complaint alleging profiling may be filed with any member of the Portland Police Bureau. The Bureau member will forward the information, through channels, to the Internal Affairs Division, which will then forward the information on to the City Auditor’s Independent Police Review. Additionally, a complaint alleging profiling may be filed through the City Auditor’s Independent Police Review, in the following ways:
1.1.1. In writing via a Citizen Compliant Form. Forms are managed on the Auditor’s Office website (http://www.portlandonline.com/auditor/index.cfm?&a=7372&c=27067), and are accessible via the Portland Police Bureau website. Forms may be filed in the following ways:
126.96.36.199. Electronically via the City Auditor’s Independent Police Review’s website (http://www.portlandonline.com/auditor/index.cfm?&a=7372&c=27067)
188.8.131.52. Mailed to the City Auditor’s Independent Police Review (City Hall, 1221, SW Fourth Ave., Rm. 140, Portland, OR, 97204)
184.108.40.206. Delivered to the City Auditor’s Independent Police Review (City Hall, 1221, SW Fourth Ave., Rm. 140, Portland, OR, 97204),
1.1.2. In person, at the City Auditor’s Independent Police Review (City Hall, 1221, SW Fourth Ave., Rm. 140, Portland, OR, 97204),
1.1.3. By telephoning the City Auditor’s Independent Police Review (503-823-0146) to file verbally or coordinate a facsimile submittal.
1.1.4. In person, with a Portland Police Bureau member or at a precinct.
2. Complaint Processing:
2.1. In accordance with Directive 330.00, Internal Affairs, Complaint Intake and Processing, the Police Bureau’s Professional Standards Division, together with the City Auditor’s Independent Police Review, are responsible for investigating all complaints alleging profiling, whether from a known, anonymous, or third party complainant or from the Law Enforcement Contacts Policy and Data Review Committee.
2.2. Complaints alleging profiling that are received by the City within one hundred eighty days (180) after the alleged commission of profiling will be investigated.
3. Communication with the Law Enforcement Contacts Policy and Data Review Committee:
3.1. The Professional Standards Division Manager is the Police Bureau’s responsible point of contact with the Law Enforcement Contacts Policy and Data Review Committee.
3.2. The Professional Standards Division Manager, or designee, will submit copies of all City-received profiling complaints to the Law Enforcement Contacts Policy and Data Review Committee and will intake any Committee-received profiling complaints from the Law Enforcement Contacts Policy and Data Review Committee.
3.3. The Professional Standards Division Manager, or designee, will notify the Law Enforcement Contacts Policy and Data Review Committee of disposition of the complaint.
4. Public Record Protections:
4.1. The personal information as defined in ORS § 807.750, of complainants and of Police Bureau members who are the subject of profiling complaints are exempt from public disclosure under ORS § 192.502.
- Originating Directive Effective: 04/12/02
- First Revision Effective: 08/01/05
- Second Revision Effective: 11/19/14
- Third Revision Effective: 12/11/15
- Next Review Date: 12/11/16
- Review By: Chief’s Office