For Circulation, Review & Input

Civilian Compliance & Reform Authority (CCRA)

Monday, October 01, 2012

MISSION:
Create a sustainable, responsive civilian authority, representing the publics interest and independent of the authority of the City of Portland (the City) to oversee i ple entation of Portland Police !ureau (PP!) refor s consented to by the City and the "#$# %epart ent of &ustice, Civil 'ights %ivision (%o&)# (he ission of the Civilian Co pliance ) 'efor *uthority (the *uthority) derives its organi+ing principles fro ,te - of the letter of intent, signed by the City and %o&, and dated 12 $epte ber, 2012. /* co unity body 0ill be adopted to assess on an ongoing basis the i ple entation of this agree ent, a1e reco endations to the parties on additional actions, and advise the Chief and Mayor on strategies to i prove co unity relations# (he body 0ill also provide the co unity 0ith infor ation on the agree ent, its i ple entation and receive co ents and concerns# Me bership 0ill be representative of the any and diverse co unities in Portland, including persons 0ith ental illness, ental health providers, faith co unities, inority, ethnic, and other co unity organi+ations, and student or youth organi+ations#2 (he *uthority 0ill engage in a bifurcated solution to a lac1 of Constitutional protections offered by the City# 3hile assuring refor s to e4isting police oversight echanis s are i ple ented, the *uthority 0ill also develop and propose to voters a ne0 anner of institutional oversight found lac1ing by %o& findings# (he *uthority is charged 0ith onitoring co pliance 0ith the parties agree ent of October 20125 alerting the parties, their Monitor, and the court, to pending or actual non6 co pliance# (he *uthority shall engage in proposing further re edies until such ti e as it has developed and seen i ple ented a Civilian Oversight *uthority (CO*) to institutionali+e civilian oversight over the PP!, to protect against police abuse of po0er and ensure Constitutional protections re ain in place# (he *uthority and successor CO* shall be in eaningful relationship 0ith all parties and, 0hile the City ay provide resources, such as but not li ited to the Office of 7eighborhood ,nvolve ent, 8u an 'ights Co ission, Office of 9:uity, first responders and process specialists, the citi+en6 e po0ered *uthority 0ill be independent of the City in reporting structures#

ENACTMENT:
Convening an Authority Portland citi+ens 0ill convene a co unity convention before 1 &anuary, 201;# (he undersigned 0ill invite organi+ations 0ith a history of engage ent in see1ing to hold

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police accountable for isconduct and representing the above sta1eholders, and other co unities as identified, to send delegates to convene# ,n a plenary session, delegates and co unity e bers 0ill adopt broad, organi+ational goals and criteria for participation in the *uthority# !ased on their affinity, delegates 0ill be assigned to a nu ber of groups to participate in a facilitated dialog and then elect 162 representatives fro each group for service on the *uthority# (he public 0ill participate in facilitated dialog and then elect an ad hoc representative to the *uthority# 9lected representatives 0ill convene to adopt protocols and ti e6lines for 1eeping the broader co unity involved in and infor ed about the 0or1 of the *uthority# 'epresentatives 0ill affir a governance structure for the *uthority and pro ote citi+en involve ent in *ction =roups adopted to oversee i ple entation of the above agree ent# ,n subse:uent eetings they 0ill adopt byla0s for self6governance# ,n short order, they 0ill develop and co it to a plan to fulfill the *uthoritys ission 0ithin a transparent, co unity6centric approach# 'epresentatives 0ill be e4pected to serve 26 or ;6year ter s, 0ith half the body rotating off at t0o years so as not to disenfranchise any co unity see1ing active participation# Authorizing Action Groups (he *uthority shall engage the public and pro ote broad participation in *ction =roups# *ction =roup e bers shall have a responsibility to understand the findings, and >oint agree ent# *ction =roups 0ill assist in onitoring co pliance 0ith the agree ent# (hey 0ill 0or1 0ith sub>ect atter e4perts and the greater co unity to pro ote best practices and reco end additional actions# *ction =roups 0ill influence, but not be li ited to areas of influence in Police Policy *nalysis, Police (raining, 9 ployee 'ecruit ent and 'etention and Co unity6based Policing# (he *uthority 0ill create *ction =roups as the ission dictates and as ongoing re edies are identified# ,t is suggested that criteria for for ing *ctions =roups derive fro a desire to onitor and report on i ple entation of refor s, research best practices, and i ple ent subse:uent refor s# *ction =roups shall self6organi+e de ocratically but ust include at least t0o e bers of the *uthority# *ction =roups shall, eet in public regularly to encourage broad public participation but should be e4pected to tap into co unity e4perts fro govern ent, businesses, the legal and edical co unities, educational institutions5 fro all groups dee ed li1ely to pro ote ore effective oversight of police refor s# ,t is suggested the *uthority initially convene *ction =roups for developing best practices in the follo0ing areas. 9 ployee 'ecruit ent, (raining, Perfor ance 'evie0, 'etention ) %is issal %ata Collection ) *nalysis Collaborative Policy and ?egislative 'efor Co unity 9ngage ent %evelop a @!est Practices "nit, 0here police, govern ental agencies ) citi+ens can obtain protocols and guidance (echnical $upport (developing tools and technologies to enable best practices)

Hardesty Consulting

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Timely Action (he *uthority shall eet onthly to publicly engage in oversight and propose further refor s# ,t shall be in regular ultiparty co unication 0ith the Monitor, City and %o& (the Parties)# ,t shall attend to nonco pliance 0ith the agree ent (pending or actual) 0ith a broad6based appeal that court6i posed sanctions go into i ediate effect# (he *uthority shall publish se i6annual public reports on the Parties co pliance as 0ell as its o0n progress in onitoring and reco ending additional actions# ,n 201;, and subse:uent negotiations 0hile it re ains in e4istence, the *uthority 0ill engage collaboratively 0ith the City and police unions to i prove the delivery of co unity6based policing 0ithin Constitutional protections# (he *uthority shall use its influence to bring police patterns and practices into co pliance 0ith the re edial provisions outlined by %o& findings, the agree ent, and 0ith other proposed re edies to be developed after study and revie0# ,n the second prong of a bifurcated process, the *uthority 0ill ulti ately design and reco end for adoption by the Citys 201A Charter 'evie0 Co ittee that a Civilian Oversight *uthority (CO*), an ongoing structure for co unity6based police oversight, be put to voters# (he *uthority shall re ain in operation until a transparent, efficient, co unity6driven eans of ensuring Constitutional protections fro civil rights violations by PP! is in place# ,t shall sub it proposals to every City Charter 'evie0 Co ittee until voters adopt a Civilian Oversight *uthority that re ains independent of City authority# Establishing Civilian Oversight Authority (he *uthority shall establish an ongoing, sustainable agency to institutionali+e co unity6based oversight of police isconduct and, in so doing, pro ote 0ide6spread respect for Constitutional protections# (hat structure, the CO*, shall be designed to collaborate 0ith, yet re ain independent of Portland City Council# ,t shall dra0 authority fro the Portland City Charter# (he CO* is e4pected to replace the @$elf6%efeating *ccountability $yste described in the %o& findings# ,ts ission should include the aintenance and continued refine ent of an institutionali+ed co plaint syste to ensure 0rongdoing is identified# ,n the case 0here police isconduct is suspected, the CO* shall have the ability to subpoena testi ony, and secure its o0n legal council# (he CO* 0ill be e4pected to reco end disciplinary action by the City# (he CO* 0ill reco end ongoing i prove ents in constitutional protections, policeBco unity relations, and PP! policies, including but not li ited to content and ethodologies of recruit ent, training and e ployee anage ent# ,f provisions of the agree ent re ain unresolved at the ti e of its creation, it beco es a CO* responsibility to replace the *uthority in its role of onitoring co pliance and reporting non6co pliance 0ith the agree ent#

Hardesty Consulting

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ENACTIN

STR!CT!RE:

(he undersigned 0ill i ediately see1 and obtain funding to establish a Portland Constitutional 'ights ) Oversight Center# PC'OCs pri ary ission is to ensure Portland citi+ens effectively protect their civil rights in a coordinated anner designed to produce syste ic benefits in a de ocracy# PC'OC offices 0ill be a fi4ed presence easily accessed by the co unity# PC'OCs tas1 0ill be to staff and support the *uthority# PC'OC 0ill respond to Co unity Policing issues described in the %o& findings under *dditional Co unity Concerns# PC'OC 0ill build support for its ission and the *uthoritys sta1eholders, to include but not be li ited to. ission a ong

!usiness (s all businesses ) loaned corporate e4ecutives) 9ducational ,nstitutions =overn ental *gencies, including prosecutors, first responders Co unity6led *dvocacy and *ffinity =roups Cunders Professional Organi+ations, including retired cri inal >ustice 0or1ers

,t 0ill design and i ple ent training and e po0er ent activities to produce an educated, infor ed and involved citi+enry 0ho 0ill be e4pected to engage in a collaborative effort to transfor the PP! into a 0orld6class, co unity policing force5 one that is highly effective in their ission, and also trusted and respected by the co unity they serve# PC'OC has as its goals developing and e po0ering an engaged citi+enry 0ho 0ill help guide city affairs in hu an rights and respect for the la0# PC'OC 0ill secure facilities, trained staff and other resources that support the *uthority and its ission# $upport is to include but is not li ited to calendaring, 0or1 plan anage ent, clerical (generating inutes, announce ents, co unity report6bac1s and other ad inistrative support as needed), training (to include but not be li ited to capacity building, leadership develop ent, goal setting, technical s1ills develop ent), and facilitation# (he C9OC 0ill also provide si ilar support for *ction =roups as they are developed# PC'OC 0ill also support co unity sta1eholders 0ho the *uthority believes 0ill contribute to the overall ission# Co unity engage ent activities ay include identifying co unity resources, hosting co unity conferences, teach6ins, and public training that i proves citi+en involve ent in governance# , portantly, as a fi4ed presence and as a resourced on6line entity, PC'OC 0ill 0or1 to i prove the co plaint inta1e process, for initiating investigations into police isconduct# ,t 0ill act as a clearinghouse, i proving the Citys outreach efforts to secure participation by a1ing e ploy ent and volunteer opportunities 1no0n to a broad range of co unity e bers already possessed of the s1ill sets necessary to a1e valuable contributions to city governance#
Hardesty Consulting

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"CROC RE"ORTIN

STR!CT!RE:

,nitially, fiscal responsibility for PC'OC 0ill be that of a social >ustice organi+ation in Portland that has not yet been selected# "lti ately, PC'OC 0ill organi+e itself as a -01#c; organi+ation responding to a board of directors# ,t is e4pected that PC'OC 0ill contract for services# ,nitially, PC'OC 0ill serve the *uthority# (hose responsibilities 0ill then transfer to the CO* after it is adopted# * contractor 0ill provide PC'OC 0ith an 94ecutive %irector (the %irector)# Portland Constitutional Rights & Oversight Center Director ,t shall be the %irectors responsibility to anage PC'OC staff# *t the earliest convenience and pending funding, an *d inistrative *ssistant, Policy *nalyst and t0o Co unity Organi+ers shall be given positions reporting to the %irector and serving at the %irectors pleasure# (he %irector shall help set, i ple ent and revie0 goals and 0or1 plans that direct the 0or1 of the *uthority# (he %irector shall organi+e staff to eet internal and co unity60ide co unication and organi+ational strategies# (he %irector shall allocate resources so as to prioriti+e critical issions# ,t shall be the %irectors responsibility to subcontract 0ith sub>ect atter e4perts in support roles (including but not li ited to) trainers, training developers, facilitators, revie0 process developers, database anage ent and data analysts, 0eapons specialists and anufacturers, e ployee evaluators ) those 0ho screen ne0 hires, legal counsel, legislative and grant 0riters, and negotiation specialists# ,t shall be the %irectors responsibility to convene and facilitate the broader co unity and govern ental sta1eholders (to include the %o&, the Monitor, the City, Multno ah County, and the $tate of Oregon and others as necessary) in furtherance of the ission of the *uthority# (he %irector shall report results to the *uthority# ,t shall also be the %irectors responsibility to facilitate local ) national conferences a ong other civic ) govern ental bodies that are or have a history of i ple enting police refor or are engaged in the best policing practices Portland Constitutional Rights & Oversight Center Organizers PC'OC Organi+ers 0ill speciali+e in one of t0o issions# !oth 0ill have as goals 8elp educate the co unity on their constitutional rights ) protections Ma1e the co unity allies 0ith a >ust police force in reducing cri e 9ncouraging sophisticated citi+en involve ent %evelop ) i ple ent civic engage ent ?eadership develop ent for engaged activists %evelop clearing house to connect ne0ly trained youth ) adults 0ith public involve ents plans through city governance

Hardesty Consulting

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PC'OC Organi+ers $hared =oals (continued) *ssist co unity e bers 0ith co plaints about police isconduct to file the and to see that >ust results are obtained, including but not li ited to i prove ents in training, e ployee evaluation and policeBco unity relations %evelop a conduit to i prove collection of evidence of police practices fro the public and deliver it to the *uthority or CO*, and to PP! investigators, as appropriate One organi+er 0ill speciali+e in Outreach# (he Outreach Organi+er shall ,nventory assets ) resources 0ithin the co unity, including sub>ect atter e4perts (trainers, researchers, ) facilitators), under6served groups, facilities Convene sta1eholders, aid in leadership develop ent, goal setting 0ithin identified groups (rain Co unity e bers to engage in refor %esign, propose ) shepherd the for ation of a structured, ongoing CO* *nother organi+er 0ill attend to (raining# (he (raining Organi+er shall *sse ble or develop protocols, curriculu 'ecruit ) develop trainers ) facilitators fro a ong co unity resources ,nventory facilities ) other co unity resources to prepare effective training environ ents Meet the training needs of the *uthority and CO* (rain youth and all co unity e bers to understand ) appreciate the Constitution (rain co unity e bers to actively refor , onitor, and propose additional re edies to deficiencies in securing Constitutional protections Prepare co unity e bers to serve on City of Portland boards and co issions and in the 0ider co unity (his is a 0or1 product of
Hardesty Consulting please direct feedbac1 to. Jo Ann Hardesty (503) 957-4364 >oannhardestyDg ail#co

Hardesty Consulting