The Bureau of Police of the City shall be organized by the Council and the members appointed as provided by the Charter, subject to the civil service rules of the Charter. To that end the Council may make all necessary or convenient rules and regulations for the organization and conduct of the police force, for the care and management of the City prison, for receiving and hearing complaints against any member of the force, for the removal or suspension of any member of the force, and for the forfeiture of all or any portion of the wages that may be due any member of such force on account of misconduct or negligence in the discharge of his duties; all the powers of the City connected with and incident to the appointment, discipline, and government of its police shall be vested in the Council, except as otherwise provided by Charter.

The Chief of Police, after having taken the oath of office, shall thereafter, under the direction of the Commissioner of Finance and Administration, have command and control of the police force of the City.

(Amended by Ordinance No. 138453; effective July 27, 1974.) The Chief of Police is a peace officer and must execute all processes directed to him by any magistrate of this State in criminal matters. He may make arrests for breach of peace or commission of crime within the limits of the City with or without a warrant as peace officers do under the laws of this State. He must exercise a vigilant control over the peace and quiet of the City. He shall exercise such additional powers as may be conferred upon him by the ordinances of the City to enable him to carry out the objects and purposes of this Charter.

(Amended by Ordinance Nos. 136814, 138453 and 159113, effective Oct. 23, 1986.) The Deputy Chiefs, Captains and other ranks or grades of police within the Bureau of Police shall possess like power and authority as the Chief of Police with respect to peace officer powers, except as herein provided. The Chief of Police shall have control over the Deputy Chiefs, Captains and all other employees of the Bureau of Police when they are on duty, and shall see that the City ordinances and rules, orders and regulations for the government of the police force are observed and enforced. He/she shall have power to recommend for suspension to the Commissioner In Charge any subordinate officer, member or employee for a violation of the same as prescribed by the Civil Service rules.

The Chief of Police or any other officer of the police force, when acting under or enforcing any law or statute other than a City ordinance, may collect and receive the same fees and compensation as are allowed to a constable for like services, and if collected he shall pay the same over to the City Treasurer, as provided in the case of fees which may be received by the municipal judge; but no fees shall be taxed against Multnomah County for services rendered by either Chief of Police or municipal judge.

No member of the police force shall for his own benefit, under any pretense whatever, receive or share in any present, fee, gift or emolument for public service other than the regular salary and pay, except by the consent of the Council and Chief of Police, publicly given. Nor shall any member share in or receive any gift, fee, or reward from any person who may become bail for any arrested, accused, or convicted person who may become surety for any such, on appeal from or review of the judgment or decision of any court or magistrate, or any fee, gift, or reward in any case from an attorney at law who may prosecute or defend any person arrested or prosecuted for any offense in Multnomah County. Nor shall any member, directly or indirectly, interest himself or interfere in any manner whatever in the employment of any attorney to aid in the defense of any person arrested or accused. For any violation of either of the foregoing provisions the person so offending shall be immediately removed from the police force.

The police force of the City shall at all times of the day and night within the boundaries of the City preserve the public peace, prevent crime, arrest offenders, protect rights of persons and property, guard the public health, preserve order, remove nuisances existing in streets, roads, public places, and highways, report all leaks and other defects in water pipes and sewers, and street lights not burning to the proper authorities, provide a proper force at every fire in order that thereby the firemen and property may be protected, protect strangers and travelers at the steamboat and ship landings and railroad stations, and generally obey and enforce all ordinances of the City Council and criminal laws of the State and of the United States.

The Council in case of any mob, riot, pestilence, or on days of public demonstration may appoint such temporary policemen as it may deem necessary, who shall have all the powers and perform all the duties of regular policemen. Such appointments shall not continue beyond the emergency.

The Bureau of Police shall keep a daily arrest docket and a municipal court transcript in substantially the following form:

(See Figure 1 at end of Title 3)

The arrest docket may be printed in any size as may be determined by the Chief of Police and shall be a part of the original record of the Bureau of Police and shall be preserved and kept in the custody of the Bureau of Police.

POLICE ARREST DOCKET AND MUNICIPAL COURT TRANSCRIPT

(Replaced by Ordinance No. 183657; amended by Ordinance No. 183995, effective August 13, 2010.)

A.  Purpose.  The Police Review Board (“Board”) is an advisory body to the Chief of Police (“Chief”).  The Review Board will make recommendations as to findings and proposed officer discipline to the Chief of Police.

B.  Powers of the Board:

1.  Review incidents and investigations.  The Board shall review incidents and investigated complaints of alleged misconduct by non-probationary sworn officers (“officers”) who are employed by the Portland Police Bureau (“Bureau”) in the following cases:

a.  The supervising Assistant Chief, the Director of the Independent Police Review Division of the Auditor (“IPR”) or the Captain of the Internal Affairs Division of the Bureau (“IAD”) controverts the findings or proposed discipline of the Reporting Unit (“RU”) manager pursuant to Code Section 3.21.120.

b.  Investigations resulting in a recommended sustained finding and the proposed discipline is suspension without pay or greater.

c.  The following incidents involving use of force:

(1)  All officer involved shootings.

(2)  Physical injury caused by an officer that requires hospitalization.

(3)  All in custody deaths.

(4)    Less lethal incidents where the recommended finding is “out of policy”.

d.  All investigations regarding alleged violations of Human Resources Administrative Rules regarding complaints of discrimination resulting in a recommended sustained finding.

e.  Discretionary cases referred by the Chief, Branch Chief, or the IPR Director. 

2.  Probationary sworn officers.  The Board shall review incidents and investigated complaints of alleged misconduct by Portland Police Bureau probationary officers when referred by the Chief, Branch Chief or the IPR Director.  However, nothing in this section prohibits the Bureau from terminating the employment of a probationary officer without following the procedures of this section. 

3.  Recommendations to Chief. The Board shall make recommendations to the Chief regarding findings and discipline.  The Board may make recommendations regarding the adequacy and completeness of an investigation. The Board may also make policy or training recommendations to the Chief.

4.  On September 1, 2010, the Board shall replace the Use of Force and Performance Review Boards set forth in the Bureau’s 2009 Manual of Policy and Procedure.  Before September 1, 2010, the Use of Force and Performance Review Board shall review incidents and investigated cases pursuant to the existing Bureau directives.

C.  Composition of Board

1.  The Board shall be composed of five voting members and eight advisory members.  All Board members will be advised of every case presented to the Board. A quorum of four Voting Members, including the Citizen member and the RU Manager or designee, and four Advisory members is required to be present to make recommendations to the Chief.

a.  Voting members

(1)  One citizen member from a pool of citizen volunteers recommended by the Auditor and confirmed by the City Council. 

(a)  Citizens shall be appointed for a term of no more than three years.  Citizens may serve two full terms plus the remainder of any unexpired vacancy they may be appointed to fill. 

(i)  The Bureau and IPR shall develop a Bureau Directive setting the criteria for Citizen selection to be approved by City Council.

(b)  The Auditor and the Chief shall have the authority to recommend to City Council the removal of citizen members from the pool.

(i)  The Bureau and IPR shall develop a Bureau Directive setting the criteria for removal to be approved by City Council. 

(2)  One peer member of the same rank/classification as the involved officer; peer member will be selected from a pool of Bureau representatives pre-approved by the Chief. 

(3)  The Assistant Branch Chief who is the supervisor of the involved officer.

(4)  The Director of IPR (or designee).

(5)  A Commander or Captain who is the supervisor of the involved officer (RU Manager).

b.  Advisory members

(1)  The Office of Accountability and Professional Standards manager.

(2)   Representative from Bureau of Human Resources.

(3)  Representative from City Attorney’s Office.

(4)  The Internal Affairs Division Manager.

(5)   Review Board Coordinator.

(6)  Representative of Commissioner in Charge of the Bureau (“Commissioner in Charge”).

(7)  Representative of the Training Division.

(8)  The Assistant Chief(s) that are not the supervisor of the involved member.

c.  Representatives/Individuals that may also be present during the presentation of the case include:

(1)  Bargaining Units

(2)  Involved Member

2.  However, when the incident to be reviewed by the board involves the following use of force incidents, one additional citizen member and one additional peer member shall serve on the Board, for a total of seven voting members.  A quorum of six voting members, including two citizen members, and the RU manager or designee, and four Advisory members is required to be present to make recommendations to the Chief.

a.  All officer involved shootings.

b.  Physical injury caused by an officer that requires hospitalization.

c.  All in custody deaths.

d.  Less lethal incidents where the recommended finding is “out of policy”.

D.  Access to information

1.  All members of the Board shall have access to necessary and relevant documents and an equal opportunity to participate in Board deliberations.

a.  The Bureau and IPR shall develop a Bureau Directive establishing confidentiality provisions and distribution timeline provisions of Board materials.

2.    The RU manager or designee will provide a written recommendation of the findings, reasoning for the recommendation and disposition recommendation. 

E.  Board Facilitator

1.  The Board shall be facilitated by a person who is not employed by the Bureau and who is not a member of the Board.

a.  The Bureau and IPR shall develop a Bureau Directive establishing selection criteria and confidentiality provisions for the Facilitator(s).

b.  The voting members of the Board shall schedule a meeting to recommend a pool of facilitators based the Bureau Directive for approval of the Commissioner in Charge in accordance with City contract rules.

2.  The Board facilitator shall write the statement of recommended findings and discipline and a summary of any training and/or investigation issues or concerns on behalf of the Board and submit the statement to the Chief within two weeks of the Board meeting date.

F.  Board Recommendations

1.  The Board shall prepare a statement of its recommended findings and proposed discipline, if any, in every case for submission to the Chief.  Such statement shall include:

a.  The Board’s recommended findings and a brief explanation of the Board’s rationale for its recommendation, and a record of the Board’s vote.

b.  In the event that the Board is not unanimous, the statement shall contain a portion detailing the minority’s recommendation.

2.  The Board facilitator shall write the Board’s statement of recommended findings and proposed discipline and a summary of any policy training and/or investigation issues or concerns on behalf of the Board and submit the statement to the Chief.

a.  IPR and the Bureau will develop a Bureau Directive setting forth the timeliness provisions of the statement.

G.  Appeal of Board Recommendation. 

1.  As provided in Code Chapter 3.21, once the Board has prepared a statement of proposed findings relating to complaints of alleged misconduct of an officer during an encounter involving a citizen, the complainant or involved officer may have the opportunity to appeal the recommended findings to the IPR Citizen Review Committee. 

2.  Until the appeal period allowed by Code Chapter 3.21 has expired, and if an appeal is filed, until there is a final decision by the IPR Citizen Review Committee or Council, the Chief may not issue proposed discipline or make recommendations to the Commissioner in Charge.

3.   The Director of IPR, the Chief of Police, or Commissioner in Charge may request an expedited hearing by the IPR Citizen Review Committee of an appeal when deemed necessary due to the nature of the underlying complaint. 

H.  Action by Chief of Police and Commissioner in Charge.  After receiving the Board’s statement described above and after the appeal period allowed by Code Chapter 3.21 has expired, or if an appeal is filed, after the Chief receives the IPR Citizen Review Committee or the Council’s recommendation in accordance with Code Chapter 3.21:

1.  In the following cases, the Chief shall make a recommendation regarding the appropriate findings and level of discipline to the Commissioner in Charge:

a.  Investigations resulting in a sustained finding and the proposed discipline is suspension without pay or greater.

b.  The following incidents involving use of force: 

(1)   All officer involved shootings.

(2)  Physical injury caused by an officer that requires hospitalization.

(3)  All in custody deaths.

(4)  Less lethal incidents where the recommended finding “out of policy”.

2.  In the cases described in Subsection 1 above, the Commissioner in Charge shall make the final decision on findings and discipline, consistent with obligations under state and federal law, Portland City Charter and collective bargaining agreements.

3.    In all other cases, unless the Commissioner in Charge exercises authority over the case, the Chief shall make the final decision on proposed findings and discipline, consistent with obligations under state and federal law, Portland City Charter and collective bargaining agreements.

I.   Public reports.  As often as deemed necessary by the Board, but at least twice each calendar year, the Board shall publish public reports summarizing its statements of findings and a summary of any training and/or investigation issues or concerns. The reports shall keep confidential and not include involved officers’ names, the names of witnesses, or the name of any complainants. The reports shall be written by the Board facilitator.  The reports may not be released before a final decision, including discipline if any, is made by the Chief or Commissioner in Charge.

The Chief of Police shall maintain at police headquarters suitable means and appliances for taking and preserving fingerprints, photographs, and descriptions of persons. He shall take or cause to be taken, recorded, and preserved one or more fingerprints and photographs, and a description of each person arrested and booked for the commission of a felony. Of each person arrested and booked for the commission of a misdemeanor or violation of a penal ordinance or Charter provision, he may, but is not required to, take and preserve one or more fingerprints, photographs, and a description. Such prints, photographs, and description shall be made a matter of permanent record when evidence showing previous conviction or convictions of any crime, misdemeanor, or violation of a penal ordinance or Charter provision shall have been obtained.

The Chief of Police shall have authority, subject to the approval of the Commissioner In Charge, to issue such administrative rules and regulations in addition to those embodied in the Charter and this Code, as are necessary to govern the conduct of the members of the Bureau of Police, and to provide for the adequate functioning of the Bureau.

The following rules shall apply to uniforms for employees appointed to the Bureau of Police who are members of the Fire and Police Disability and Retirement System:

(Amended by Ordinance No. 143623, effective June 13, 1977.) The Chief of Police is authorized, subject to the approval of the Commissioner In Charge, to appoint new members to the police reserve from time to time as need therefore arises and to accept the resignations and discontinue appointments from time to time in accordance with his judgment concerning the public welfare and safety subject to the approval of the Commissioner In Charge; provided that the total number of such reserves at any time shall not exceed 200.

(Amended by Ordinance Nos. 143623 and 164223, effective May 29, 1991.) Each new member of the police reserve shall make an application on a blank form provided by the Chief of Police, giving such data concerning his age, weight, identification, residence, occupation, previous experience in police work, if any, citizenship, and other data as the Chief of Police may find necessary or convenient, including fingerprinting for better identification. Members of such police reserve shall be entitled to no compensation unless specifically authorized and provided by the Council. Upon appointment each member shall take an oath of office similar to the oath required of regular members of the Bureau of Police, and such oath shall be filed with the City Auditor. Regular members of the reserve shall serve during the pleasure of the Chief and shall wear a uniform prescribed by the Chief of Police. They shall perform the duties and take training as directed by the Chief of Police. They shall observe the rules of deportment and conduct applicable to regular police officers. They shall, in the performance of their duties, be subject to the orders of commanding officers of the regular and reserve police force of the City. They shall, at all times, cooperate with regular police officers in the performance of their duties. While on any authorized assignment they shall be covered by the City’s self-insurance as authorized under the provisions of the Oregon State Workers’ Compensation Act. The insurance shall be in a form approved by the City Attorney. It is unlawful for any person whose appointment has been terminated, to retain possession or refuse to return any badge, identification or equipment issued to such person after demand for the return has been made by the Mayor, Chief of Police or anyone acting under and by the authority of the Mayor or Chief of Police. Members of the special duty police reserve shall be subject to police duty only when special occasion therefor arises. Each member shall provide his own equipment, subject to the approval of the Chief of Police, and shall make such reports as the Chief of Police may require.

The Chief of Police is authorized to furnish each member of the police reserve with a membership card signed by the Chief of Police and signed by the member for identification purposes, and shall also furnish each member with a police star.

No member of the police reserve shall be regarded as a City employee or subject to civil service regulations.

(Amended by Ordinance No. 134934, effective July 20, 1972.) Whenever the Chief of Police is in doubt concerning the physical or mental ability of a member of the Bureau of Police to perform full police duties, the Chief shall require that member, upon written notice, to submit to a medical examination. The examination shall be conducted without expense to the member. Unexcused failure to take an examination required by this Section, after reasonable notice, shall be cause for the member’s dismissal.

(Amended by Ordinance No. 136679, effective July 1, 1973.) The Bureau of Police shall consist of: a Chief of Police and all other full time members of the regular police force, and shall include all members of the women’s protective division, and police matrons; and all such members shall be classed and considered as regular members of the Bureau of Police. All members of the Women’s Protective Division, and all police matrons, are hereby required to comply with the rules and regulations of the Civil Service Board respecting physical examinations. The present police matrons shall (if they have not already done so) take and file with the City Auditor the oath of office required of members of the Bureau of Police, before they shall have full status as such members.

(Repealed by Ordinance No. 176585, effective July 5, 2002.)

(Repealed by Ordinance No. 176585, effective July 5, 2002.)

(Repealed by Ordinance No. 175944, effective September 26, 2001.)

(Repealed by Ordinance No. 175944, effective September 26, 2001.)

(Repealed by Ordinance No. 175944, effective September 26, 2001.)

(Repealed by Ordinance No. 175944, effective September 26, 2001.)

(Repealed by Ordinance No. 175944, effective September 26, 2001.)

(Repealed by Ordinance No. 175944, effective September 26, 2001.)

(Repealed by Ordinance No. 175944, effective September 26, 2001.)

(Repealed by Ordinance No. 175944, effective September 26, 2001.)

(Repealed by Ordinance No. 176585, effective July 5, 2002.)

(Amended by Ordinance No. 153909, effective Nov. 22, 1982.) The Bureau of Police shall establish a schedule of fees and procedures for obtaining copies of reports, searching arrest records, accident photographs, fingerprinting, and all similar records services it performs. Except upon court subpoena, reasonable limitations may be placed upon the amount of information made available, the use for which it may be requested, and the persons entitled to receive it. The schedule of fees and procedures established under this Section shall not be effective until approved by the Commissioner In Charge of the Bureau of Police. No fee shall be charged to those agencies (or their representatives) who request such services for official use and who have as a primary organizational responsibility the apprehension, prosecution, or the direct supervision of the parole or probation, of criminal offenders.

(Amended Ordinance No. 153909, effective Nov. 22, 1982.) The Chief of the Bureau of Police shall ensure that a full and complete record of all fees collected under that authority of this Chapter is kept and that all fees so collected are remitted to the City Treasurer as provided by Section 3.08.140. The City Treasurer shall credit the amounts so received to the General Fund.

(Repealed by Ordinance No. 176585, effective July 5, 2002.)