336.00, Police Review Board
1st Universal Review: 5/25/17-6/24/17
- Portland City Code 3.20.140 Police Review Board
- Portland City Code 3.21 City Auditor’s Independent Police Review Division
- City of Portland, Human Resource Administrative Rule 2.02, Prohibition Against Workplace Harassment, Discrimination and Retaliation
- Directive 210.90, Recognition and Awards
- Directive 330.00, Internal Affairs, Complaint Investigation Process
- Directive 335.00, Discipline Process
- Directive 344.00, Prohibited Discrimination
- Action Items: Recommendations to the Chief of Police to consider the review of policies, training, supervision, tactics, and equipment identified during the Police Review Board process.
- Case File: Administrative package containing the originals or copies of the Internal Affairs investigation or other investigation materials for a Police Review Board case and the proposed findings.
- Controverted: A Responsibility Unit Manager’s recommended finding or proposed discipline that is challenged by the Professional Standards Captain, an assistant chief, or the Independent Police Review Director or designee.
- Subject Member: The current or former Bureau employee whose actions are under review.
1. The Police Review Board serves as an advisory body to the Chief of Police. The Police Review Board reviews certain incidents and investigated complaints of alleged misconduct involving current or former Bureau employees, reviews certain use of force incidents involving sworn officers, and makes recommendations to the Chief of Police regarding findings, action items, and proposed discipline. The Police Review Board may also make recommendations to the Chief of Police regarding the adequacy and completeness of an investigation.
1. Coordination with Professional Standards Division:
1.1. The Professional Standards Division Captain is the Bureau official in charge of organizing and scheduling Police Review Board hearings.
1.2. The Professional Standards Division Captain will present a qualifying case file for a Police Review Board hearing to the Review Board Coordinator authorizing the scheduling of a hearing date.
1.3. On the date of the hearing, the Professional Standards Division Captain will meet with the subject member, if present, peer and community voting members, and either a representative of the subject member’s bargaining unit or attorney, and explain the Police Review Board’s process.
1.4. The Professional Standards Division Captain will notify the subject member or the subject member’s representative and the Chief of Police, of the Police Review Board’s recommended findings, corrective action, and discipline by end of day.
1.5. The Professional Standards Division Captain will not disclose how each member voted.
2. Powers of the Police Review Board:
2.1. The Police Review Board shall review incidents and investigated complaints of alleged misconduct and inquiries regarding use of force incidents by non-probationary sworn members in the following cases:
2.1.1. An investigation resulted in a recommended sustained finding with proposed discipline of suspension without pay or greater.
2.1.2. Recommended findings or proposed discipline are controverted by the Independent Police Review Director, the Professional Standards Division Captain, or the subject member’s Assistant Chief.
2.1.3. When requested by the Chief of Police, an assistant chief, Professional Standards Division Captain, or Independent Review Division Director.
2.1.4. An investigation regarding an alleged violation or violations of City of Portland Human Resources Administrative Rules regarding discrimination that result in a proposed sustained finding.
2.1.5. The case involves the following types of use of force:
18.104.22.168. Officer involved shooting,
22.214.171.124. In-Custody Death,
126.96.36.199. Proposed sustained finding for out-of-policy deployment of less-lethal weapons,
188.8.131.52. Physical injury caused by a member that requires hospitalization.
2.2. For cases involving probationary sworn members, the Police Review Board shall review cases that fall under section 2.1.5 of this Directive and cases that are referred to the Police Review Board for review by the Chief of Police, an assistant chief, or Independent Police Review Director. However, nothing in this section prohibits the Bureau from disciplining or terminating the employment of a probationary sworn member without convening a Police Review Board or following the procedures of this Directive.
2.3. The Police Review Board shall review any cases involving non-sworn subject members that are referred to the Police Review Board for review by the Chief of Police or an assistant chief. However, nothing in this section prohibits the Bureau from disciplining or terminating the employment of a non-sworn member without convening a Police Review Board or following the procedures of this directive.
3. Composition of the Police Review Board:
3.1. Except as provided in section 184.108.40.206, a Police Review Board will be composed of five (5) voting members and nine (9) advisory members as follows:
3.1.1. Voting Members:
220.127.116.11. The subject member’s Assistant Chief.
18.104.22.168. One peer member of the same or comparable rank or classification as the member being reviewed.
22.214.171.124. One community member.
126.96.36.199. The subject member’s Responsibility Unit Manager.
188.8.131.52. The Independent Police Review Director or designee.
184.108.40.206. When the case involves a use of force that falls under section 2.1.5 of this Directive, one (1) additional community member, drawn on a rotating basis from the pool of current Citizen Review Committee members, as those members are described in City Code 3.21.080, and one (1) additional peer member shall serve on the Board, for a total of seven (7) voting members.
3.1.2. Advisory Members:
220.127.116.11. The remaining Assistant Chiefs.
18.104.22.168. A Professional Standards Division representative.
22.214.171.124. A Training Division representative.
126.96.36.199. A Bureau of Human Resources representative.
188.8.131.52. A City Attorney’s Office representative.
184.108.40.206. A representative of the Commissioner in Charge.
220.127.116.11. The Police Review Board Coordinator.
18.104.22.168. The Police Review Board Facilitator.
4. Case Assignments – Community and Peer Members:
4.1. Community and Peer members will be selected from their respective pools for assignment to particular cases by the Police Review Board Coordinator.
5.1. Except as provided in Section 5.2, a quorum of four (4) voting Members, including the community member, and four (4) advisory members, are required to convene a Police Review Board hearing.
5.2. When the case involves a use of force that falls under section 2.1.5 of this Directive, a quorum of six (6) voting members, including two (2) citizen members, and four (4) advisory members, is required to be present to make recommendations to the Chief.
6. Other Attendees:
6.1. During the case presentation the following may also be present:
6.1.1. The subject member(s).
6.1.2. Either a representative of the subject member’s bargaining unit or an attorney.
6.1.3. Representatives of investigative divisions (e.g. Internal Affairs, Detectives, Precinct).
6.1.4. Others invited at the discretion of the Chief of Police.
6.2. A bargaining unit representative may also be present during any portion of the Police Review Board executive session in which a non-board member “presenter” from the Training Division, Internal Affairs, or the Detective Division is allowed to attend.
7. Voting and Advisory Members Roles and Responsibilities:
7.1. Voting Police Review Board members shall review the Case File before participating in the Police Review Board hearing.
7.1.1. Voting Police Review Board members may request from the Police Review Board Coordinator any additional information they feel is necessary to make recommendations to the Chief.
7.2. Advisory Police Review Board members may participate in case discussions and raise issues as appropriate. An advisory member’s role is to answer questions of voting board members and to bring to the attention of the board clarifying facts within their area of expertise.
7.3. Voting members may make the following recommendations:
7.3.1. Recommendations regarding the adequacy and completeness of an investigation.
7.3.2. Recommendations regarding findings and the level of discipline. In cases where discipline is recommended, the Police Review Board shall recommend a level of discipline that is consistent with the applicable City and Bureau rules, including obligations under collective bargaining agreements.
7.3.3. Recommendations regarding Action Items.
7.3.4. Recommendations regarding training, policy and supervisor response.
7.4. Information about case files and Police Review Board discussions and deliberations is strictly confidential.
7.5. By majority vote, the Police Review Board may request that investigations be returned to the investigating entity to complete the investigation necessary to reach a finding. The investigating entity must make reasonable attempts to conduct the additional investigation or obtain the additional information within ten (10) business days or provide a written statement to the Police Review Board explaining why additional time is needed.
8. Police Review Board Coordinator:
8.1. Upon receipt of a qualifying case file or request from Internal Affairs, the Police Review Board Coordinator shall set a date for the hearing. The hearing must be within twenty-one (21) days from receipt of the file.
8.2. The Police Review Board Coordinator will select the facilitator, community members, and peer members for each scheduled Police Review Board.
8.3. At least fourteen (14) days prior to the hearing, the Police Review Board Coordinator shall notify the voting and advisory Police Review Board members and the subject Bureau member(s) of the date, time, and location of the Police Review Board hearing.
8.4. The Police Review Board Coordinator will facilitate review of the case file by the subject member, bargaining unit member, community member, and peer member at a Bureau facility selected by the Police Review Board Coordinator.
8.5. The Police Review Board Coordinator will distribute copies of the case file to the other voting Police Review Board members at least five (5) days prior to the hearing.
8.6. The Police Review Board Coordinator will provide Police Review Board members with a written description of the Police Review Board procedures.
8.7. At the conclusion of the hearing, the Police Review Board Coordinator will provide a written copy of the Police Review Board’s recommendations to the Professional Standards Division.
8.8. The Police Review Board Coordinator will notify the Board members of the final decision by the Chief of Police regarding the case.
8.9. The Police Review Board Coordinator will be the custodian of all Police Review Board records, while the Professional Standards Division will maintain a record of all Action Items recommended and document the actions taken in response to the recommendations.
8.10. At least twice each calendar year, the Police Review Board Coordinator will release a public report including the summations of the statements of findings and training or investigation issues written by the Police Review Board 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 of Police or Commissioner in Charge.
9. Police Review Board Facilitator:
9.1. The Facilitator shall run the Police Review Board meeting. The Facilitator will be neutral and not lead the Police Review Board toward a recommendation.
9.2. The Facilitator will draft the Police Review Board’s recommendation statement and submit it to the Chief through the Police Review Board Coordinator within fourteen (14) calendar days of the Police Review Board meeting date. The statement shall include:
9.2.1. The Police Review Board’s recommended findings and a brief explanation of the Board’s rationale for its recommendations.
9.2.2. The Police Review Board’s range of recommended discipline, if any.
9.2.3. Any policy, training or supervisory issues raised by the Police Review Board.
9.2.4. If the Police Review Board’s vote is not unanimous, the statement shall also contain a description of the minority members’ recommendation and rationale.
9.2.5. Case summary.
9.3. Facilitators shall maintain strict confidentiality of all case file information and Police Review Board discussions and deliberations.
10. Subject Member:
10.1. The subject member will be given at least fourteen (14) days to review the case file before the Police Review Board meeting.
10.2. If the subject member and/or their representative elect to be present, he or she may, after the presentation of the case, provide a personal account of relevant incident details at the discretion of the Facilitator.
10.3. The subject member may provide information to the Police Review Board in written or oral format.
10.4. The subject member may remain until executive session.
11. Special Case Findings:
11.1. The recommended finding for a deadly force or in-custody death case will be one of the following:
11.1.1. In Policy: The member’s actions complied with policies.
11.1.2. Out of Policy: The member was found to be in violation of policy.
11.2. An In Policy finding may include a recommendation for action items or a debriefing regarding any of the following:
11.2.1. Tactical Development: An opportunity to develop new tactics or modify existing tactics was identified.
11.2.2. Organizational Review: Issues regarding Bureau organizational structure or process were identified.
11.2.3. Performance Analysis: While there were no policy violations identified, a subject member or supervisor would benefit from a critique of the incident.
12.1. Information regarding case files and Police Review Board discussions and deliberations is strictly confidential.
12.2. All individuals involved in the Police Review Board process shall strictly maintain the confidentiality of all case file information and Police Review Board discussions and deliberations and shall only discuss case file information and Police Review Board discussions and deliberations as necessary for purposes of the Police Review Board process or as otherwise authorized in accordance with their position with the City.
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