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The City of Portland, Oregon

Police Bureau

Sworn to protect. Dedicated to serve.

Phone: 503-823-0000

Fax: 503-823-0342

Non-Emergency: 503-823-3333

1111 S.W. 2nd Avenue, Portland, OR 97204

0332.00 Administrative Investigations

332.00, Administrative Investigations 

Refer:

  • ORS § 192.502, Other Public Records Exempt from Disclosure
  • Portland City Code Chapter 3.21, City Auditor’s Independent Police Review
  • DIR 330.00, Internal Affairs, Complaint Intake, and Processing
  • DIR 333.00, Criminal Investigations of Police Bureau Employees
  • DIR 335.00, Discipline Process
  • 8001 Internal Affairs Division Retention Schedule 

Definitions:

  • Administrative Investigation:  A complete investigation into allegations of policy violations, conducted by or at the direction of Internal Affairs (IA) or Independent Police Review (IPR). 
  • Administrative Review Findings for Deadly Force or In-custody Deaths:  A conclusion, based upon a preponderance of evidence, as to whether a member’s conduct violated Bureau directives.  A finding that is “in policy” means that the evidence was sufficient to prove that the member’s actions complied with directives.  A finding that is “out of policy” means that the evidence was sufficient to prove that the member’s actions were in violation of directive(s).  An “in policy” finding may include a recommendation for action items or a debriefing.
  • Command Counseling:  A formal non-disciplinary corrective action that involves verbal counseling in response to a sustained finding for a minor policy violation.  Command Counseling is conducted by the Responsibility Unit (RU) manager or a designee and is documented in a memo to IA. 
  • Debrief:  A formal critique of an incident added to a not sustained finding by a RU Manager.  A debrief is intended to provide a learning opportunity for a member, and is non-disciplinary in nature. 
  • Findings:  A conclusion as to whether a member’s conduct violated Bureau directives. 
    • Sustained: The preponderance of evidence proves a violation of policy or procedure.
    • Not Sustained: The evidence was insufficient to prove a violation of policy or procedure.
    • Exonerated: The preponderance of evidence proves the member’s conduct was lawful and within policy.
    • Unfounded: The preponderance of evidence proves the allegation was false or devoid of fact or there was not a credible basis for a possible violation of policy or procedure. 

Policy:

1. IA has the primary responsibility for investigating allegations of Bureau member misconduct, which if sustained, may result in disciplinary action.  Administrative investigations may also be conducted at the RU level at the direction of the IA Captain or designee.  Administrative investigations shall be conducted objectively and in accordance with Bureau directives and applicable labor agreements.  IA shall work with IPR to ensure that complaints against Bureau members are investigated fairly, professionally, and objectively.  In accordance with City Code, IPR has the authority to conduct administrative investigations independent from IA. 

Procedure:

1. Member Responsibilities.

1.1. Members shall cooperate fully in administrative investigations.  Members shall answer all questions fully, truthfully, and candidly. 

1.2. Members shall not conceal or omit information, impede, or interfere with the reporting or investigation of any complaint. 

1.3. If a member (who is not the subject of the investigation) has knowledge of an incident that is being investigated, knows that the incident is being investigated, and has not been contacted by the investigator, then the member shall notify IA within 72 hours of learning of the investigation.

2. Investigator Responsibilities.

2.1. When assigned an administrative investigation, the investigator shall:

2.1.1. Maintain the integrity of the case file and the confidentiality of the investigation.

2.1.2. Conduct a complete, thorough, and objective investigation adhering to current investigative standards for IA, as set forth in IA Standard Operating Procedures (SOP) #20.

2.1.3. Complete the investigation and submit an investigative report to IA within ten weeks from the date the complaint was assigned.

2.1.4. If it is anticipated that the investigation will not be completed within the allotted time, the investigator shall notify the IA Captain, as soon as that determination is made, but no later than the established due date and make a written request for extension for good cause shown of the due date not to exceed 30 days for any single extension, and all extensions not to exceed 90 days cumulatively, absent extraordinary circumstances documented in writing. 

2.1.5. Interview all members and witnesses separately.

2.1.5.1. In the case of witnesses who are juveniles or members of vulnerable populations, a guardian or caregiver will be allowed to be present but not participate during the interview.  If the guardian or caregiver is also a witness to the same incident, they shall be interviewed separately and another responsible adult will be allowed to be present during the interview with the juvenile or member of the vulnerable population.

2.1.6. Audio record all interviews of members and if possible, all non-Bureau complainants or witnesses.  A separate recording is required for each interview conducted.  If an interview is not recorded, the investigator shall document the reason in the case file.

2.1.7. Advise all members of their Garrity warning and any other applicable rights as prescribed by the appropriate collective bargaining agreement.

2.1.8. Include a transcription for each person interviewed in the case file.  Interviews that are not recorded shall be summarized in the investigative report.

2.1.9. Write an investigative report outlining the overall results of the investigation.  The investigator shall include a recommended finding based on the evaluation of all relevant evidence, including interviews, physical evidence, and documentation. 

2.1.10. Submit the investigative report with recommended findings to the IA Captain, or designee, for review and approval. 

3. IA Captain Responsibilities.

3.1. The IA Captain or designee shall ensure that the assignment, investigation, documentation, and record maintenance for administrative investigations are completed in accordance with Directive 330.00, Internal Affairs, Complaint Intake, and Processing.  Additionally, the IA Captain or designee shall:

3.1.1. Review all complaints received and determine how the complaints will be handled pursuant to Directive 330.00, Internal Affairs, Complaint Intake, and Processing.

3.1.2. Coordinate with the Assistant Chief of Investigations about all matters alleging criminal misconduct in accordance with Directive 333.00, Criminal Investigations of Police Bureau Employees.

3.1.3. Review all investigations and recommended findings to ensure accuracy, completeness, and compliance with contractual, directive, and city code requirements, as well as to determine whether additional allegations warrant further investigation, within seven days of receipt.  If the investigation is deficient or additional investigation is warranted, the PSD Captain shall take appropriate action.

3.1.4. Forward a copy of the completed administrative investigation with the investigator’s recommended findings to the involved member’s RU Manager, who is responsible for making an RU Manager finding(s), within seven days of completion of the review.

3.1.5. Notify involved members and complainants when the case is sent to the RU for findings.

3.1.6. If an RU Manager requests that IA conduct additional investigation, the IA Captain shall ensure the investigation is completed as soon as practical but not more than 30 days, unless extraordinary circumstances documented in writing warrant otherwise.

3.1.7. Review the investigator’s recommended findings and the RU Manager’s concurrence or disagreement and distribute the information to the appropriate Assistant Chief and IPR for a concurrent seven-day review.

4. RU Manager Responsibilities.

4.1. Administrative investigations assigned to an RU.

4.1.1. Ensure that administrative investigations under review by a RU Manager are maintained as confidential. 

4.1.2. Ensure that administrative investigations assigned to the RU for investigation are thoroughly investigated.

4.1.2.1. Ensure investigations are completed and forwarded to IA within ten weeks. 

4.2. RU Manager Review and Findings.

4.2.1. If the RU Manager needs more information, they shall return the case file within seven days to the investigating body with a written request for further investigation.

4.2.2. Review the entire case file and the investigator’s recommended findings and ensure the recommendation is supported by the preponderance of evidence.

4.2.2.1. If the RU Manager concurs with all findings, they shall document their concurrence by signing the accompanying findings cover memorandum.

4.2.2.2. If the RU Manager disagrees with any of the findings, they shall write a thorough memorandum, stating the basis for disagreeing with the investigator’s recommended findings.

4.2.3. The RU Manager shall submit the entire case file to IA within seven days of receipt.

4.2.3.1. For administrative reviews of incidents involving a member’s use of deadly force, death as a result of force, and in-custody deaths, the RU Manager shall submit the entire case to IA within 14 days of receipt.

4.2.4. If a finding is not sustained, the RU Manager may recommend a debrief pursuant to Directive 335.00, Discipline Process, if there is a perceived benefit to discussing the incident with the involved member.  The discussion should be instructive in nature, not corrective.

5. Assistant Chief and IPR Review.

5.1. The appropriate Assistant Chief and IPR shall review all investigations and recommended findings to ensure accuracy, completeness, and compliance with contractual, directive, and city code requirements, as well as to determine whether additional allegations warrant further investigation, within seven days of receipt.  If further action is required, they shall notify the IA Captain who shall ensure that follow-up is conducted.

6. Retention of IA Files.

6.1. The policy and procedure for retaining IA files pertains to those files that are in the custody and control of IA. 

6.2. Files for IA investigations where the involved member was either terminated as a result of the investigations or resigned or retired with the investigation pending shall be retained for no less than ten years from the date of separation. 

6.3. PPB shall retain all other individual IA case files for ten years following the involved officers’ tenure with PPB unless otherwise directed by court order. 

6.4. Questions regarding the retention of IA files should be directed to the City Attorney’s Office.

7. Public Disclosure of Personal Information.

7.1. The personal information of complainants and Bureau members who are the subject of complaints are exempt from public disclosure under ORS § 192.502.

7.1.1. Personal information contained in files shared with Citizen Review Committee (CRC) or Police Review Board (PRB) citizen members in preparation for their respective hearings are not public disclosures under the statute. 

History:

- Originating Directive Date: 10/30/14

- Last Revision Signed: 02/02/18

- Effective Date: 03/03/18

- Next Review Date: 09/03/18