Article 61: Portland Police Officers’ Bill of Rights Preamble

61.1      All members within the bargaining unit shall be entitled to the protection of what shall hereafter be termed as the “Portland Police Officers’ Bill of Rights”. The wide-ranging powers and duties given to the Bureau and its members on and off duty involve them in all manner of contacts and relationships with the public. Of these contacts come many questions concerning the action of members. These questions often require investigation by the City. In an effort to ensure that these investigations are conducted in a manner which is conducive to good order and discipline, the following guidelines are promulgated:

61.2      Except as otherwise provided, the procedures contained in this section apply only to non-criminal investigations which may reasonably result in the discipline of the member.

61.2.1  Interview Notice. Prior to being interviewed regarding any administrative investigation for any reason which could lead to disciplinary action, a member shall be:  Informed in writing of the nature of the investigation and whether the member is a witness or an involved member, if and when known; and informed of other information necessary to reasonably apprise the involved member of the nature of the allegations of the complaint. An “involved member” is one who is alleged to have violated policy.  Such information shall be provided to the involved member following receipt by the City and upon assignment of the investigation to any administrative investigator, unless there is an associated criminal investigation in which case the notice will issue upon permission from criminal investigators.    The PPA will be copied on all information notices under this Article  Notices under this section may be provided by email.  Afforded an opportunity and facilities to contact and consult privately a representative or legal counsel  of the Association, or designee, provided this does not delay the investigation.

61.2.2  Interview Safeguards: The due process provisions below apply to involved members and witness members.  Any interview of a member shall be when the member is on duty unless the seriousness of the investigation dictates otherwise.  Interviews shall take place at a Portland Police Bureau facility, other City facility or, if mutually agreed, at another location, unless the emergency of the situation necessitates otherwise.  The member may have an Association representative or Association designated attorney present during the interview provided the representative does not participate in the interview beyond those activities permissible under Weingarten and PECBA. However, the interview may not be unduly delayed awaiting an unavailable Association representative or attorney when other Association representatives are available.  The member being interviewed shall be informed of the person directing the member to participate in an administrative investigation and/or investigatory meeting, the name of the investigator, and all other persons present during the interview. In a compelled interview solely for noncriminal purposes, a member who refuses to respond to questions or to be interviewed must be informed that refusal will lead to disciplinary action up to and including termination.  Interviews shall be done under circumstances devoid of intimidation or coercion and shall not otherwise violate the  member’s Constitutional Rights. The member shall not be subjected to abusive language. No promise of reward shall be made as an inducement to answer questions.  Interviews shall not be overly long. The member shall be entitled to such reasonable intermissions as the member shall request for personal necessities, telephone calls, and rest periods, with one ten (10) minute intermission every hour, if the member requests.  All interviews shall be limited in scope to activities, circumstances, events, conduct or acts which pertain to the subject investigation.  The complete interview of the member, noting all recess periods, shall be recorded and the member/Association upon request will be provided a copy of the recording, or the member/Association may also record the interview at their own expense. If the interview of a member is transcribed, the member and Association will be provided a copy.  Interviews and investigations shall be concluded with no unreasonable delay.  If during an investigatory interview testimony raises notice of potential criminal conduct by the member, the member will be informed of the right to consult with a criminal defense attorney with respect to the potential criminal conduct. This provision does not apply if the member was given a “Garrity” notice beforehand for the subject matter under investigation.  The Association representative may not be required to disclose or be subject to disciplinary action for refusing to disclose statements made by the member to the representative for purposes of the representation.

61.2.3  Pre-Determination Meeting  Pre-Determination Notice:   The involved member and Association will be provided with a proposed disciplinary letter that sets forth the policies alleged to have been violated, and explanation of the facts and circumstances supporting the alleged policy violations, and the level of proposed discipline being contemplated by the City.  Investigatory materials: The involved member and/or Association, upon request, will be furnished with a copy of all materials developed in the investigation which will contain all material facts of the matter, including witness statements relied on to make findings. Such materials will be provided no later than seven (7) days prior to the member’s pre-determination meeting, and shall include any transcripts the City has prepared of recorded interviews. The obligation to disclose information to the involved member under this section shall not apply to information required to be maintained as confidential under federal or state law, in which case, redactions will be made of those confidential materials.  The involved member will be furnished with the names of all witnesses and complainants who will appear against the member and/or whose statements will be used against the member.  Prior to imposing a disciplinary action, as identified in Article 20.1, the involved member will be given the opportunity to have a pre-determination meeting with the designated authority deciding the disciplinary action.   The purpose of the pre-determination meeting is for the member and/or Association to provide any additional information and/or mitigating circumstances for the City’s consideration prior to the imposition of any final discipline. The pre-determination meeting may be audio-recorded by the City, involved member, and/or Association; and a copy will be shared upon request. If a transcript is created of the pre-determination meeting, such transcript will be furnished to the involved member and/or Association. The involved member may choose to be accompanied at the pre-determination meeting by an Association representative or an Association designated attorney. In lieu of an in-person pre-determination meeting, the involved member and/or Association may provide a written statement to the City no later than the date/time set for the pre-determination meeting. In the event the involved member declines to attend the pre-determination meeting or to provide a written statement, the City may proceed with its final discipline decision.

61.2.4  Imposition of Disciplinary Action.

In the event the City imposes disciplinary action (as identified in Article 20.1) on an involved member, the disciplinary action shall be imposed using the Corrective Action Guide in Appendix A. The involved member will be provided a written copy of the imposed disciplinary action with copy to the Association. The disciplinary action will include the policies violated, an explanation of the facts and circumstances supporting the disciplinary action, and the level of disciplinary action imposed.  When the investigation results in a determination of a sustained complaint and disciplinary action is imposed, only the findings and the disciplinary order may be placed in the member’s Personnel and “201” files. All other investigatory materials will be maintained separately in accordance with state law.  No dismissal, demotion or other punitive measure shall be taken against a member unless the member is notified of the action and the reason(s) therefor prior to the effective date of such action.  The twenty (20) calendar day time limit for filing a grievance will commence under Articles 22.2 and of this Agreement on the day after the member acknowledges receipt of the City’s final discipline letter by the member’s dated signature upon such letter.

61.3      Personal Information. No member shall be required for purposes of assignment or other personnel action to disclose any item of the member’s  property income, assets, source of income, credit  or personal or domestic expenditures (including those of any member or the member’s  family), unless such information is obtained under proper legal procedures, or tends to indicate a conflict of interest with respect to the performance of the member’s  official duties. The City shall notify a member when it receives a request from the media or a subpoena or request in criminal or civil proceedings for any materials in the member’s  personnel or administrative investigatory files.

61.4      Political Activity. Except when on duty or when acting in the member’s  official capacity, no member shall be prohibited from engaging in political activity.

61.5      Lie Detector Tests. No member shall be required to take any lie detector or similar tests as a condition of continued employment.

61.6      Personnel File. All members shall have access to their Bureau personnel file, precinct file, and any summary report of an administrative investigation in which they were identified as an involved member.  The member may submit rebuttal material as desired. However, a member may not have access to the background investigation report.

61.7      Deadly Force Incidents. A member involved in the use of deadly force shall have the right to counsel and Association representation as set out in the Police Bureau Directives.

61.8      Criminal Investigations.  If the Bureau questions a member during a criminal investigation of one of its members, it shall advise the member of the criminal nature of the investigation and whether the member is a suspect or a witness before interviewing the member. The preceding sentence shall not apply to covert or undercover investigations. If the member is a witness, the member shall be informed of and afforded the right to Association representation during any interview. Investigations of the use of deadly force by bargaining unit members shall be conducted pursuant to Bureau directives. G.O. 1010.10.

61.9    Police Review Board (PRB). The following shall apply to the Police Review Board:

61.9.1  Members who choose to attend a PRB meeting shall be afforded the following:  The right to be in attendance during non-Executive Session proceedings of the PRB, and upon the member’s request, the right to be represented by the Association during non-Executive Session proceedings of the PRB.  The right to make a presentation to the PRB. This right shall include the right to make a personal statement and submit documentary and other information, but shall not include the right to call witnesses or ask questions of other individuals making presentations to the PRB.  The Association shall be allowed to have a representative present during any portion of PRB Executive Session in which non- Board member “presenter” representatives of Training Division, Internal Affairs Division, or Detective Division are allowed to attend.

61.9.2  If the Association challenges discipline though the grievance procedure under this agreement or through the Civil Service Board appeal process, the arbitrator or the Civil Service Board will be presented with the following joint statement in the event either party seeks to introduce into evidence the recommendations of the PRB: “The Police Review Board is an advisory body for purposes of making recommendations to the City The proceedings of the Board are not adversarial in nature, do not involve an evidentiary meeting, and the PPA and involved members do not have the right to call or cross-examine witnesses.”

61.10    Drug Testing.   Reasonable suspicion and random drug testing shall be conducted pursuant to Bureau and/or City Policy.  Nothing in this agreement shall be considered a waiver of the constitutional rights of PPA members with respect to drug testing, nor shall this agreement be a bar to a constitutional challenge by the PPA or any of its members to random drug testing. The parties agree that their PECBA obligations are met concerning bargaining random drug testing.

61.11   The City retains the right to restrict or suspend an employee’s police powers during the pendency of investigation and imposition of discipline, criminal investigation, or pending clearance in a medical or psychological fitness for duty examination. The City retains the right to end shift differential premium pay for employees with restricted or suspended police powers. The City will comply with ORS 181.789(4) when ending shift differential premium pay for employees with restricted or suspended police powers. Removal of police powers shall not be considered disciplinary. For members placed on paid administrative leave, members will be scheduled on a shift Monday through Friday, 8 am to 5 pm, with an unpaid lunch period of one hour.

Page updated 07.11.2022 per the Police Contract: Labor Agreement between the PPA and the City of Portland July 1, 2021 through June 30, 2025