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The City of Portland, Oregon

Independent Police Review

Providing independent, civilian oversight of the Portland Police Bureau

phone: 503-823-0146

fax: 503-823-4571

1221 SW 4th Avenue, Room 140, Portland, OR 97204

Mediation Program Protocol

Reference:PSF 5.09,

PSF 5.10

Policy updated: November 2015

Mediation Program Plan of Action

  1. Complaint received via phone call, written complaint, online complaint or walk in
  2. Investigator intake interview:
  • Contact complainant.
  • Discuss with complainant IPR routes for complaints after Directors’ review and highlight as an option, if appropriate (see below #4), Mediation:  a facilitated discussion with a professional mediator between complainant and the police officer.  Selling points: Complainant offered a chance to resolve their conflict with the police officer that is the subject of the complaint.  Share perspectives on what took place.  Sit down in a safe, confidential and mutually agreed upon location.  Allows for a chance to correct behavior through communication.  Inform of completion and return of mediation consent form before mediation can be processed.

FAST TRACK PROCESS:

a)       IPR Investigator conducts intake interview with complainant.  If mediation is of interest to complainant, advise complainant that the case is still subject to IPR management approval of mediation but that mediator (case development purposes) may contact them to provide additional information of the benefits of mediation and the impact mediation would have on their particular case.

 

b)      IPR Investigator sends email to Kelsey with Mediation Intake Summary.  IPR investigator to communicate complaint intake basics, inform of complainant’s interest for mediation and request for mediator to reach out to complainant for case development.

 

c)       Mediation Coordinator (Kelsey) opens mediation for the case in AIM.

  • Allegations section of AIM: Type will be filled out.
  • Notes section will have copy of the Mediation Intake Summary
  • IPR investigator timeline will not start unless mediation case development falls out or Director determines case is not appropriate for mediation.  In that case, the case will be sent back for the normal intake investigation route.

 

d)      Mediation Coordinator assigns to Director and forwards Mediation Intake Summary to Director

e)       Director makes determination as to whether case appropriate for mediation and informs Mediation Coordinator.

  • If Director determines that the case is not appropriate for mediation, then the case will be returned to the investigator to complete an intake investigation.

f)        Mediation Coordinator assigns to Mediator for case development.  Mediator contacts complainant for case development and engages with complainant regarding their verbal interest/request for mediation. 

  • Case development session: provide information on the benefits of mediation process and logistics, identifying issues and additional information that could affect the mediation process and prep for mediation readiness. Remind complainant to complete and return mediation consent form.
  • Proposed timeline for case development session: within 5 days of complainant contact with IPR investigator.

 

g)       Upon receipt of mediation consent form from complainant or verbal agreement of mediation complainant to mediator, Director will recommend mediation and send email to PPB (involved member’s PPB commander and Internal Affairs Captain to inform of mediation request.

h)      After receiving confirmation from PPB, Mediation Coordinator will start the process for scheduling mediation.

 

  1. Mediation eligible cases, including but not limited to:

a)       Breakdown in communication

b)      Discourtesy: Action, demeanor/tone, gesture, word, etc.

c)       Harassment

d)      Disparate treatment

e)       Offensive language

f)        Abuse of authority: Premises entered or searched, Refusal to provide name/shield, Stop, Questioned, Vehicle stopped, Vehicle searched, Threat of arrest/citation, Search without arrest, Threat to damage/seize property, Threat to notify DHS, Frisk, Failure to show warrant

 2. Cases not eligible for mediation:

a)       Force complaint

b)      Officer is a witness against the complainant in a criminal or traffic prosecution that will still be pending more than 90 days after the complaint was filed with IPR  

c)       Allegation of criminal conduct against an officer

d)      complainant plans to file lawsuit

e)       Improper dissemination of information

f)        Property damaged

g)       Refusal to obtain medical treatment

h)      Retaliatory arrest/citation

i)         Seizure of property