passed ordinance

Add Community Police Oversight Board pursuant to Portland City Charter Chapter 2, Article 10 (add Code Title 35)

public safety
equity
code amendment

Department: City Attorney
Introduced by: Former Mayor Ted Wheeler
Status: Passed

Impact statement

Purpose & background

This proposed Code represents an important step in establishing the community-led police oversight board that Portland voters overwhelmingly approved in November 2020. The public process has been extensive with many community members and stakeholders providing their critiques and comments to improve the proposed Code. It has also been reviewed and approved by the U.S. Department of Justice, pursuant to the Settlement Agreement. The City has also complied with all bargaining obligations.

Financial impacts

None. The City’s FY 2024-25 Adopted Budget includes funding for the Community Board for Police Accountability and the Office of Community-Based Police Accountability (the Oversight System). This ordinance has no financial or budgetary impact.

Community impacts

There has been extensive community involvement in developing and revising the Code.

▸ Full text (the legislation as adopted)

The City of Portland ordains: Section 1. The Council finds: Council on July 29, 2020, unanimously approved Resolution No. 37499 to refer a Charter Amendment to the ballot authorizing the creation of a Community Police Oversight Board (hereafter, “Oversight System”) to promptly, fairly, and impartially investigate and impose discipline on Portland Police Bureau sworn employees and supervisors thereof, and to make recommendations regarding police directives with a primary focus on community concerns. Portland voters on November 3, 2020, approved Measure 26-217 by a vote of 81.58%, and the Oversight System was thereafter adopted in City Charter Section 2-1001 through 2-1009. On November 15, 2023, Council unanimously passed Resolution No. 37673, which directed the City Attorney’s Office, in consultation with Council staff, to seek required approvals from the United States Department of Justice (DOJ), and comply with any collective bargaining obligations, on amendments to the settlement agreement between the United States and the City and to City Code to establish the Oversight System, and in a form substantially similar to Exhibits A and B of the Resolution. After an additional 30 days’ opportunity for community comment, including a December 4, 2023, City-hosted community forum on the proposed amendments and code, along with another City-hosted community forum on July 15, 2024, revisions were made in response to stakeholder feedback, and the City Attorney’s Office complied with its collective bargaining obligations, and also obtained approval from the DOJ for the proposed amendments and code in substantially the same form as recommended by Council. The DOJ and City jointly moved for the Court to approve the proposed amendments to Settlement Agreement Section VIII, and the Court set a fairness hearing for August 29, 2024, to determine whether to approve the proposed amendments. Thereafter, the Settlement Agreement provides the City 21 days from the Court’s approval to enact the Code. The recommended City Code provisions, attached as Exhibit A, establish the Oversight System and create a fair and impartial community-led process, fulfilling the will of the voters. NOW, THEREFORE, the Council directs: City Code Title 35 is adopted as set forth in the attached Exhibit A.

Tally

4 yea 1 nay