Should Portland direct the City Attorney’s Office to seek required approvals related to the Settlement Agreement with the United States Department of Justice and comply…

WHEREAS, on July 30th, 2020 the Portland City Council voted to refer a Charter Amendment to the voters of Portland authorizing the creation of a police 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; andWHEREAS, on November 3rd, 2020 Portland voters approved the Charter Amendment supporting the measure by 81.58%; andWHEREAS, on July 28, 2021, Council unanimously adopted Resolution No. 37548, creating the Police Accountability Commission (PAC) to develop recommendations and suggested code provisions for the new oversight system; andWHEREAS, the PAC members, supported by dedicated staff in the Community Safety Division, worked diligently and tirelessly at their assigned task from December 2021 through August 2023; andWHEREAS, on April 29, 2022, the United States District Court in the United States v. City of Portland, Oregon, entered amendments to the settlement agreement (Settlement Agreement) between the United States Department of Justice (DOJ) and the City of Portland (City), including paragraph 195 which requires the City to implement the Charter Amendments establishing a community police oversight board; andWHEREAS, on September 21, 2023, the PAC presented to Council its 504-page report (440 pages of which were appendices documenting their work) and a recommended 96-page City Code package to create the Community Board for Police Accountability and Office of Community-led Police Accountability; and after hearing the report presentation, discussing the recommendations with PAC members, and taking community testimony, the Council unanimously voted to accept the report; andWHEREAS, the Settlement Agreement requires Council to seek approval from the DOJ of proposed amendments to the City Code to implement the Charter Amendments, and to comply with any corresponding bargaining obligation that may exist; andWHEREAS, on November 15, 2023, the City Council adopted Resolution 37637, which directed the City Attorney to seek approvals of Settlement Agreement and City Code amendments from the US Department of Justice and, as applicable the Federal Court, and comply with collective bargaining obligations; andWHEREAS, on August 29, 2024, the Federal Court held a fairness hearing to consider amendments to the Settlement Agreement to incorporate the Oversight System and at the conclusion of the hearing the Court adopted the amendments; andWHEREAS, on October 11, 2024, the City Council adopted Ordinance 191892, creating Code Title 35; andWHEREAS, the previous City Council’s authorization of Code included significant deviations from the recommendations of the Police Accountability Commission, and members of the public felt the Code was not consistent with the vision of the Charter amendments in 2020 and the will of the voters; andWHEREAS, it is vital to ensure that prospective Board members are able to hear and make decisions on the matters before the CBPA without bias; andWHEREAS, a clear and consistent definition of "bias" is necessary to ensure this impartiality, and the effectiveness of the new community police oversight board; andWHEREAS, the recommended City Code amendments, attached as Exhibit A, will implement the will of the voters as reflected in the Charter Amendments to establish a community police oversight board, and create a fair and impartial community-led oversight system where imposed discipline can be upheld;NOW, THEREFORE, BE IT RESOLVED, Council directs the City Attorney’s Office, after consideration with Council staff of community feedback, to seek required approvals from the United States Department of Justice for amendments to the City Code in a form substantially similar to Exhibit A, andBE IT FURTHER RESOLVED, the City Attorney’s Office and Bureau of Human Resources, after consideration with Council staff of community feedback, are hereby authorized to comply with any collective bargaining obligations the City may have and to reach agreement on the terms of the proposed City Code amendments in a form substantially similar to Exhibit A; andBE IT FURTHER RESOLVED, upon completion of its engagement with the DOJ and any mandatory collective bargaining obligations, the City Attorney’s Office shall return to Council for adoption of the City Code amendments approved by DOJ.