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City of Portland

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3.21.110 Intake.

(Amended by Ordinance Nos. 179162, 186416 and 188331, effective May 19, 2017.)

A.  The Director shall receive complaints from any source concerning alleged member misconduct. The Director shall make reasonable accommodation when complainants cannot file their complaint at the IPR office.  All allegations of use of excessive force shall be subject to a full and completed investigation resulting in findings, unless there is clear and convincing evidence to IPR that the allegation has no basis in fact.

1.  A community member may file a complaint or commendation regarding alleged member misconduct with IPR, Internal Affairs, a Police Bureau Precinct, the Police Commissioner, or with any Bureau member.

a.  All complaints regardless of intake point will be forwarded to IPR or Internal Affairs and entered into the Administrative Investigation Management database.

b.  All Bureau facilities will have complaint and commendation forms available in areas accessible to the public.

c.  All Bureau issued business cards intended to be given to community members during calls for service will have IPR’s phone number and email address printed on them.

2.  All complaints of alleged member misconduct will be investigated as either:

a.  Formal administrative investigations conducted by either Internal Affairs or IPR.

b.  Supervisory investigations conducted by a supervisor assigned to the same responsibility unit as the involved member.

(1)  Supervisory investigations will only be used for non-disciplinary complaints, such as those related to quality of service or minor rule violations.

(2)  All supervisory investigations will include a recommended disposition.

(3)  All completed supervisory investigations must be reviewed by Internal Affairs and IPR.

(4)  Completed supervisory investigations will not be subject to appeal.

3.  The Director will be notified in a timely manner by either the Assistant Chief of Investigations, Captain of IAD, or a member of the Police Commissioner’s staff upon their knowledge that a member has engaged in conduct that may be subject to criminal and/or administrative investigation.

4.  IPR may request that the Bureau open an administrative deadly force investigation into any incident where IPR believes the physical force used by a member was such that it was readily capable of causing death or serious physical injury.

5.  When members of the public make complaints that do not allege member misconduct but do raise issues of a broader systemic nature, IPR may conduct reviews of Bureau policies and practices.

B.  The Director shall develop procedures for handling complaints and appeals involving matters currently in litigation or where a notice of tort claim has been filed.  The Director shall not initiate a case where a grievance or other appeal has been filed under a collective bargaining agreement or City personnel rules; or with respect to employee or applicant discrimination complaints.

C.  The Director, when requested, shall protect the confidentiality of complainants, members or witnesses consistent with the requirements of the Oregon Public Records Law, except insofar as disclosures may be necessary to enable the Director to carry out his or her duties, or to comply with applicable collective bargaining agreements, or the disclosure of records is directed by the District Attorney.  When considering a request for public records, the Director shall consult with appropriate Bureau personnel and obtain approval from the Bureau prior to disclosure of records under the Oregon Public Records Law.

D.  No member of the community or the Police Bureau shall face retaliation, intimidation, coercion, or any adverse action for reporting misconduct or cooperating with a misconduct investigation.