010.00, Directives Review and Development Process

Currently Under Review 

Refer:

• United States v. City of Portland Settlement Agreement
• City of Portland Public Involvement Principles
• DIR 020.00, Mission, Values, and Goals
• DIR 315.00, Laws, Rules, and Orders 

Definitions:

• Directive:  A Portland Police Bureau official document that addresses both the policy and procedural sections for a specific topic. 

• Executive Reconciliation:  A step in the review process that consists of internal meetings, facilitated by the Bureau’s Policy Development Team, to discuss universal comments, meet with subject matter experts and draft new or revised policies. 

• Policy: A course or line of action adopted and pursued by the Portland Police Bureau that provides guidance on the Bureau’s philosophy on identified issues. 

• Procedure: A detailed description of how a directive is carried out in practice, describing the steps to be taken, the frequency of the task, and the persons responsible for completing the tasks. 

• Rules: Specific direction members are required to follow when faced with certain situations. 

Policy:

1. The purpose of this directive is to establish the process for the review and development of Portland Police Bureau directives.

2. The Portland Police Bureau recognizes that community members entrust the Bureau with great authority.  As a result, the Bureau has a responsibility to the public to ensure that its members appropriately exercise that authority.  Member accountability is paramount.  The Bureau must demonstrate responsibility for guiding member action and holding members accountable to established policies and procedures.

3. The Bureau strives to establish policies and procedures that promote professional practices and guide members to be good stewards of public resources.  Bureau directives serve as the foundation for all Portland Police Bureau operations.  The policies and procedures contained in directives promote professional practices and provide staff with information to act decisively, consistently and legally.  When unusual circumstances are encountered, the directives assist members in identifying the best course of action to follow.  

4. The Bureau values the input of community members and our working partners.  Collaboration and community involvement are essential to ensuring that Bureau policies and procedures reflect the values of the community we serve.  For this reason, the Bureau encourages community members and other key stakeholders to participate in the directive development process by contributing feedback on directives when they are scheduled for review.

Procedure:

1. Process Initiation. 

1.1. Any member of the Bureau may contact the Policy Development Team to request the creation of a new directive or the revision or rescission of an existing directive. 

1.2. Existing directives shall be reviewed every two years from the time of enactment by the Chief or designee.  The review history shall be documented at the bottom of each directive.

1.2.1. The Chief or designee shall have the authority to adjust the review schedule of a directive if an operational need requires that the directive be immediately reviewed and modified or when otherwise deemed necessary. 

1.3. New directives shall undergo a one-year review from the time of enactment.  Upon completion of the year one review, the Bureau shall adjust the review period to align with the standard two-year review schedule. 

1.4. Prior to being approved by the Department of Justice (DOJ), directives that pertain to compliance with the 2012 DOJ Settlement Agreement shall undergo the standard universal review and public comment processes, as established in this policy.

1.4.1. After receiving DOJ approval and pursuant to the terms of the Settlement Agreement, all DOJ-identified directives are subject to an initial semi-annual review, followed by annual reviews thereafter.   

1.5. Occasionally, the initiation of the directives review and/or development process may be tied to an administrative, legislative, or legal rationale.

1.5.1. Administrative matters that may create a need to address a directive include, but are not limited to:

1.5.1.1. A shift in organizational philosophy;

1.5.1.2. A specific division need;

1.5.1.3. Trend data;

1.5.1.4. Complaints or discipline outcomes;

1.5.1.5. Contract negotiations;

1.5.1.6. Budget adjustments;

1.5.1.7. Changes to administrative rules; and/or

1.5.1.8. Audit findings.

1.5.2. Legislative matters that may create a need to address a directive include changes in city, county, state, or federal law.

1.5.3. Legal matters that may create a need to address a directive include the publication of a court holding or order issued in binding jurisdictions, or the execution of a term in a settlement agreement. 

2. First Universal Review and Public Comment Period - Current Directive.

2.1. When reviewing an existing directive(s), the Policy Development Team shall post the current active version of the directive(s) on the Bureau’s website for universal review and public comment for 15 calendar days.

2.1.1.    When a directive is scheduled for universal review and public comment, the Bureau shall endeavor to post the directive(s) on the first and/or fifteenth of the month.  However, if an operational need requires that the directive(s) be immediately posted, the Bureau may post the directive(s) outside of that timeframe. 

2.2. Bureau members and members of the public may submit feedback by using the form provided on the Bureau’s website. 

2.3. Comments that are received after the closing date of the first universal review and comment period shall be maintained by the Policy Development Team until the next review period for the directive. 

3. Executive Reconciliation.

3.1. The Policy Development Team shall compile all comments received during the universal review period and prepare those comments for consideration during executive reconciliation. 

3.2. The Policy Development Team shall contact and confer with internal and, when appropriate, external subject matter experts (SMEs) to ensure that as policies are developed, they are accurate, clearly written, consistent with professional practices and that they satisfy legal requirements.

3.2.1. The Policy Development Team shall establish an SME meeting schedule to discuss the directive in detail and assist in the development of the directive. 

4. Second Universal Review and Public Comment Period.

4.1. After SME meetings and consideration of initial public comments, the Policy Development Team shall post a draft containing proposed changes to the current active directive, a redline copy, as well as the public comments received during the first universal review and public comment period.

4.1.1. The directive shall be posted on the Bureau’s website for 30 calendar days to gather additional feedback from members of the public and other stakeholders.

4.1.1.1. When the directive is scheduled for the second universal review and public comment, the Bureau shall endeavor to post the directive(s) on the first or fifteenth of the month.  However, if an operational need requires that the directive(s) be immediately posted, the Bureau may post the directive(s) outside of that timeframe. 

4.2. Comments that are received after the closing date of the additional public comment period shall be maintained by the Policy Development Team until the next review of the directive.   

4.3. The Policy Development Team shall also consider all comments received during the second universal review period and public comment period.  If any changes based on the second round of public comments are warranted, the Policy Development Team may make additional revisions without further public comment. 

5. Review of and Public Comment on New Directives

5.1. When creating a new directive, the Policy Development Team shall post a draft of the proposed language on the Bureau’s website for universal review and public comment for 30 calendar days.

5.1.1. The Bureau shall endeavor to post the directive(s) on the first and/or fifteenth of the month.  However, if an operational need requires that the directive(s) be immediately posted, the Bureau may post the directive(s) outside of that timeframe. 

5.2. Bureau members and members of the public may submit feedback by using the form provided on the Bureau’s website. 

5.3. Comments that are received after the closing date of the universal review and comment period shall be maintained by the Policy Development Team until the next review period for the directive. 

5.4. The Policy Development Team shall consider all comments received during the universal review period and public comment period.  If any changes are warranted, the Policy Development Team may make additional revisions without further public comment. 

6. Collective Bargaining Unit (“Union”) Review.

6.1. Unions are granted an opportunity to review revised directives prior to enactment to consider any potential labor-related issues and, when deemed necessary, exercise bargaining rights.

6.1.1. The Policy Development Team shall notify all recognized member unions that a new directive has been drafted and is being considered for implementation, and shall issue the proposed directive to the unions for a 15 business-day review period. 

6.2. Upon conclusion of the review period, the Policy Development Team shall compile all union comments and consult with the City Attorney’s Office to address any union comments and/or concerns that resulted from the review process. 

7. Chief’s Office Review Period.

7.1. The Chief’s Office shall review the final draft of the directive, developed after all public and union input, to ensure that it is reasonable, aligns with the Bureau’s philosophy, comports with applicable legal requirements and meets best practice standards.  

7.1.1. The Assistant Chiefs shall have a period of five business days to review Bureau policies prior to enactment. 

7.2. Following the Assistant Chiefs’ review, the Chief or designee shall perform a final review of the directive to ensure that it aligns with Bureau strategy and focus.

7.2.1. The Chief and the Police Commissioner have complete discretion regarding the content and implementation of Bureau directives and may either approve the proposed directive, or refer it back to the Policy Development Team for further reconciliation. 

8. Executive Summary.

8.1. Upon approval and signature by the Chief or designee, the Policy Development Team shall prepare the directive for internal dissemination and post the portfolio to the Bureau’s website.

8.1.1. The portfolio is comprised of a summary of the Bureau’s internal review process for the directive(s), all public comments received during the public review periods and an updated and approved version of the directive(s), which reflects changes made throughout the review process.  The portfolio shall be posted on the Bureau’s website for 30 calendar days.

8.1.1.1. The updated directive(s) shall be posted for review only, as it will be pending enactment at that time.  No further public feedback will be sought or accepted. 

9. Member Acknowledgment.

9.1. The Policy Development Team shall internally announce (via email) new or revised directive(s) to members prior to enactment.

9.1.1. Pursuant to Directive 315.00, Laws, Rules and Orders, members shall be required to electronically sign a statement acknowledging that they have received, read and had an opportunity to ask questions about the directives within 30 calendar days of the Chief’s or designee’s signature and prior to enactment.  

10. Enactment.

10.1. Directives approved by the Chief, or a designee, shall be effective at midnight exactly 30 days from the signature date to allow sufficient time for members to read and acknowledge the updated or new directive.

10.1.1. The effective date shall be included at the bottom of each directive. 

10.1.2. Enactment dates and reconciliation processes may be altered, depending on judicial orders or the interests of opposing parties in litigation or settlements. 

10.2. The Chief or designee shall have the authority to adjust the effective date of a directive (i.e., fewer than 30 days) if an operational need requires immediate enactment or when otherwise deemed necessary. 

11. Publication.

11.1. At the conclusion of the 30-day member acknowledgement period, or when the Chief or designee has determined that immediate enactment is necessary, the Policy Development Team shall publish the enacted policy on the Bureau’s website.  The published copy shall include the updated review schedule for the directive. 

11.2. The Policy Development Team shall maintain a record of all current and previous versions of Bureau directives. 

12. Temporary Suspension of Directives.

12.1. The Chief or designee shall have the authority to temporarily suspend portions or the entirety of a directive if an operational need requires such action.  

12.1.1. In these circumstances, the Chief or designee shall authorize the temporary suspension through a Special Order issued Bureau-wide.  The Special Order shall note the date on which the original directive shall be reinstated. 

History:

- Originating Directive Effective: 09/06/01

- Last Revision Signed: 02/28/18

- Effective Date: 03/30/18

- Review Date: 03/30/20