Mental Health Association of Portland

Oregon's independent and impartial mental health advocate

Steve Duin: In chopping the Crisis Assessment Treatment Center, Portland swings a mean ax

Posted by Jenny on 9th May 2013

By Steve Duin, The Oregonian, May 6, 2013

catc_map_62111In chopping CATC — the Crisis Assessment Treatment Center — off at the knees, Mayor Charlie Hales is only looking to finish what the Portland police started.

What remains to be seen is whether the cops’ stubbornness about the mental health facility is driving (a) the city’s budget priorities, and (b) a quick wedge between the mayor and Multnomah County Chair Jeff Cogen.

The timing of Hales’ announcement to eliminate $634,000 in CATC funding couldn’t have been worse, breaking even as the city announced a $2.3 million settlement for a deplorable cop shooting that left William Kyle Monroe, who suffers with bipolar disorder, permanently disabled.

But the mayor’s move also added to the perception — shared by the U.S. Department of Justice and many local mental-health advocates — that the police bureau considers its dealing with the mentally ill a colossal inconvenience.

After Cogen and former Mayor Sam Adams opened CATC with great ceremony in 2011, the cops acted as if the triage center didn’t exist.

Capt. Sara Westbrook, head of the behavioral health unit, dismissed the center as unworkable for police last spring, and remained wedded to her objections on its admission guidelines long after CATC revised them.

As The Oregonian’s Maxine Bernstein reported over the weekend, many patrol officers never knew CATC was an option. Never mind that almost 200 of the 1,300 people treated there were first dropped off by police at local emergency rooms.

“This wasn’t designed to make the cops’ lives easier,” Cogen reminds us. “This was designed for people having a mental health crisis. The real focus is that these 1,300 people have a place to go so they don’t run into the cops.”

Small wonder if Cogen feels betrayed. He partnered with Adams on CATC funding when partnering with Adams wasn’t easy. Briefed on potential budget cuts by Hales, he asked for one lone reprieve.

“I said to him very clearly, ‘The one I really hope you don’t cut is CATC,’” Cogen said.

The preliminary proposal was submitted for Hales’ consideration by Commissioners Nick Fish and Steve Novick.

Fish is holding fast to his original diagnosis.

“We were charged with being provocative,” he said Sunday. “This is a healthy debate, and long overdue. And the more I look into this, the more I hear that there have been a lot of misgivings about CATC.”

Novick has a different take. Given the city’s financial stake in the center, he says, “It puzzles me that Sam never followed up to see if the cops were using it.”

Even more striking, he says, were the contradictory narratives that city commissioners heard from the police and county leaders garnered from their people about the facility.  “From the very beginning,” Novick says, “there have been two conflicting messages.”

Westbrook continued to argue CATC wouldn’t accept people who were a threat to themselves or others long after the center was beaming up a different message with the bat signal.

As Kevin McChesney at Telecare, which operates the center for the county, told Bernstein, its doors are open to anyone short of “the person swinging an ax.”

If there’s a lesson here about police bureau mulishness, there’s another one about leadership and attention to detail.

“Normally, the efficient and right thing for a political leader to do is listen to your staff people and trust what they’re telling you,” Novick said.

“But you have two organizations here — mental health and the police — who don’t naturally speak the same language. They got locked into these positions over the last year and a half.”

Which proves? “There are situations where political leaders need to dig into the weeds and say, ‘What’s going on here?’ Read the documents. See if there isn’t a misunderstanding instead of blindly following what their people are telling them.”

Novick met with Cogen on Monday. Off what he heard, he said, “There’s a stronger argument that the city should fund a portion of the CATC than I thought there was based on the information I had last week.”

Is that cause for Portland cops to join the conversation? Time will tell. Historians are skeptical.

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City of Portland to pay $2.3M in lawsuit filed by William Kyle Monroe, shot by police in 2011

Posted by Jenny on 1st May 2013

By Maxine Bernstein, The Oregonian, April 30, 2013

Dane Reister

Dane Reister

The city of Portland will pay $2.3 million to settle a federal lawsuit filed after Police Officer Dane Reister wounded William Kyle Monroe in 2011 when he mistakenly fired lethal rounds at him from a beanbag shotgun.

The proposed settlement was reached after city attorneys and Monroe’s lawyer met Monday in a mediation session with U.S. District Judge Ann Aiken.

It must still go before the City Council for approval. If accepted, it would mark the city’s largest individual settlement in its history.

“Honestly, I think in the grand scheme of things, it’s not an unfair settlement,” Thane Tienson, Monroe’s lawyer, said Tuesday.

Tienson said the money will help pay for Monroe’s ongoing medical costs and lost wages.

Reister’s gunshots fractured Monroe’s pelvis and punctured his bladder, abdomen and colon. The fourth shot, fired from less than 15 feet away, left a “softball-size hole in his left leg” and severed the sciatic nerve, according to Monroe’s suit.

Monroe, who was 20 at the time and diagnosed with bipolar disorder, is permanently disabled and narrowly escaped bleeding to death only because OHSU Hospital was near the shooting scene, his lawyer said.

The day after the shooting, then-Mayor Sam Adams called the shooting “a tragic mistake.”

Mayor Charlie Hales said Tuesday he was aware that a proposed settlement had been reached.

Chief Mike Reese released a statement: “The Police Bureau continues to hope for Mr. Monroe’s full recovery and the Bureau recognizes that this incident has been extremely difficult for everyone involved.”

Though Tienson said he believed a higher settlement could be justified given Monroe’s permanently disabling injuries, he added, “There’s value in settling a case early on. Mr. Monroe wanted to put this case behind him and get on with his life, and that’s a decision I respect.”

Tienson said he also hopes the large settlement spurs substantial change within the Police Bureau — “not only in training, but in the way the Police Bureau responds to claims of people who are in emotional crisis. The record speaks for itself.

“We’d like to think another multimillion-dollar settlement involving claims of excessive force by Portland police against someone who has a mental illness will provide further pressure on the city” to get reforms underway stemming from a recent U.S. Department of Justice investigation of Portland police, he said.

The investigation found that Portland police engage in a pattern of excessive force against people with mental illness.

Monroe’s federal lawsuit accused Reister, Police Chief Mike Reese and the city of violating Monroe’s civil rights through false arrest, assault and negligence.

The suit alleged that the police chief could have prevented such a mistake by prohibiting officers from mixing lethal ammunition with less-lethal munitions in their duty bags, as Reister did. Further, the suit contended that the bureau had failed to adequately discipline officers who are “pre-disposed” to using excessive force.

“Defendant Reister’s conduct was so extreme that it goes beyond all possible bounds of decency, and it constituted conduct that a reasonable person would regard as intolerable in a civilized community,” Tienson wrote in the suit.

According to the suit, Monroe, who lives with his father in Hillsboro, had intended to drive to Bremerton, Wash., to visit his mother the day before the shooting, but became disoriented and was suffering from a paranoid mania.

He ended up in Lair Hill Park the next morning, where children from a day camp were playing. Monroe pulled discarded flowers out of a park garbage bin and tossed them near the children. Camp supervisors told Monroe to leave the park. Police received two 9-1-1 calls from camp officials. The camp director said in the second call that Monroe may have a pocket knife up his sleeve.

Reister responded to the call. He spotted Monroe on Southwest Naito Parkway, commanded him to stop and get down on his knees with his hands behind his head. Reister asked Monroe if he had any weapons, and Monroe emptied his pockets, discarding his miniature Swiss army knife, the suit says. Monroe put his hands behind his head, but asked why he should get on his knees. Reister grabbed his beanbag shotgun from his car, and two more officers arrived.

Monroe assured police he hadn’t done anything wrong as he backed away and then began running and yelled for help. Without warning, the suit says, Reister fired five times, emptying his clip. The fifth round jammed because of Reister’s “excessively rapid firing,” the suit says.

Four months after the shooting, the police chief issued a new policy, requiring that beanbag ammunition be stored only in a carrier attached to the side or stock of the orange-painted, 12-gauge beanbag shotguns.

Five years earlier, the suit noted, Reister mistakenly fired a loaded riot-suppression launcher during training, injuring an officer posing as a protester with a smoke round.

The suit had called for Reister to lose his job. That’s not part of the proposed settlement, Tienson said.

“That’s a decision the city has yet to decide,” he said. “I think my client would like to see that happen.”

Nearly two years after the shooting, Reister has faced no discipline and remains on paid administrative leave.

He also faces pending criminal charges. Reister has pleaded not guilty to an indictment charging him with third- and fourth-degree assault. The Multnomah County District Attorney’s Office added a negligent wounding charge.

The indictment marked the first time in the county’s history that a grand jury brought criminal charges against a Portland officer for force used on duty.

Judge Aiken has brokered other large settlements between plaintiffs and the city of Portland.

She helped broker a $1.2 million settlement in February 2012 between the city and the family of Aaron Campbell, an unarmed African American man shot in the back in 2010 during a police standoff. She also helped in the mediation that led to the $1.6 million settlement between the city and family of James P. Chasse Jr. in May 2010, the largest settlement then in the city’s history.

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Lawsuit demands firing of officer who mixed up ammo, shot and severely injured man in 2011

Posted by Jenny on 12th April 2013

Officer Dane Reister

Officer Dane Reister

By Maxine Bernstein, The Oregonian, April 11, 2013

Portland Police Officer Dane Reister should lose his job for suddenly firing a beanbag shotgun that he mistakenly loaded with lethal rounds at a man obviously suffering from a mental illness, a federal lawsuit filed Thursday says.

READComplaint – William Kyle Monroe v City of Portland et al (PDF, 573KB)

The attorney for William Kyle Monroe, wounded by Reister on June 30, 2011, accuses the officer, Police Chief Mike Reese and the city of Portland of violating Monroe’s civil rights through false arrest, assault and negligence.

The suit seeks more than $11 million in damages.

Monroe, who was 20 at the time and diagnosed with bipolar disorder, narrowly escaped bleeding to death only because OHSU Hospital was near the shooting scene, but he’s permanently disabled, his lawyer said.

The suit alleges that the police chief could have prevented such a mistake by prohibiting officers from mixing lethal ammunition with less-lethal munitions in their duty bags, as Reister did. Further, the suit contends, the bureau has failed to adequately discipline officers who are “pre-disposed” to using excessive force.

“Defendant Reister’s conduct was so extreme that it goes beyond all possible bounds of decency, and it constituted conduct that a reasonable person would regard as intolerable in a civilized community,” Monroe’s attorney Thane Tienson wrote in the suit.

The suit calls on the court to order the Police Bureau to fire Reister and appoint an independent monitor to enforce the terms of the city’s pending agreement with the U.S. Department of Justice on use of force policies, training and oversight. The reforms stem from a federal investigation last year that found Portland police engage in a pattern of excessive force against people with mental illness.

Nearly two years after the shooting, the police chief and city have not disciplined Reister, who remains on paid administrative leave while facing criminal charges, the suit notes. Reister has pleaded not guilty to an indictment charging him with third- and fourth-degree assault charges. The Multnomah County District Attorney’s Office added a negligent wounding charge. The indictment marked the first time in the county’s history that a grand jury brought criminal charges against a Portland officer for force used on duty.

“By their inaction, said defendants have condoned, ratified or otherwise turned a blind eye to defendant Reister’s extreme misconduct and demonstrated a deliberate indifference to the plaintiff’s constitutionally protected rights,” Tienson wrote in the suit.

Janet Hoffman, Reister’s attorney, issued a statement after she informed the officer about the suit Thursday. “Officer Reister is thankful that Mr. Monroe survived and is recovering,” she said. “He is looking forward to the facts coming out at trial and fully explaining the situation.”

According to the suit, Monroe, who lives with his father in Hillsboro, had intended to drive to Bremerton, Wash., to visit his mother the day before the shooting, but became disoriented and was suffering from a paranoid mania.

He ended up in Lair Hill Park the next morning, where children from a day camp were playing. Monroe pulled discarded flowers out of a park garbage bin and tossed them near the children. Camp supervisors told Monroe to leave the park. Police received two 9-1-1 calls from camp officials. The camp director said in the second call that Monroe may have a pocket knife up his sleeve.

Reister responded to the call. He spotted Monroe on Southwest Naito Parkway, commanded him to stop and get down on his knees with his hands behind his head. Reister asked Monroe if he had any weapons, and Monroe emptied his pockets, discarding his miniature Swiss army knife, the suit says. Monroe put his hands behind his head, but asked why he should get on his knees. Reister grabbed his beanbag shotgun from his car, and two more officers arrived.

Monroe assured police he hadn’t done anything wrong as he backed away and then began running and yelled for help. Without warning, the suit says, Reister fired five times, emptying his clip. The fifth round jammed because of Reister’s “excessively rapid firing,” the suit says.

The shots fractured Monroe’s pelvis, punctured his bladder, abdomen and colon. The fourth shot, fired from less than 15 feet away, left a “softball-size hole in his left leg,” and severed the sciatic nerve, the suit says.

The next day, then-Mayor Sam Adams and Reese called the shooting a “tragic mistake.” The president of the Portland Police Association said the union would “stand by” Reister through the judicial process.

Portland police spokesman Sgt. Pete Simpson said Thursday night that the bureau can no discuss not pending lawsuit.

Four months after the shooting, Reese issued a new policy, requiring that beanbag ammunition be stored only in a carrier attached to the side or stock of the orange-painted, 12-gauge beanbag shotguns.

Five years earlier, the suit noted, Reister mistakenly fired a loaded riot-suppression launcher during training, injuring an officer posing as a protester with a smoke round.

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DOJ Settlement Aims to Improve Mental Health Treatment

Posted by admin2 on 15th March 2013

From The Lund Report, March 15, 2013

The DOJ settlement with the city of Portland requires coordinated care organizations to set up mental health drop-off centers by July, but it’s unclear how they were singled out in the agreement

US-Department-Of-Justice-Seal

Last December’s settlement between the Department of Justice and the city of Portland tasked the city and Multnomah County with a host of reforms intended to improve interactions between police and people with mental illness – and to improve access to mental healthcare.

READ – DOJ v City of Portland settlement

Some of the provisions in the yet-to-be-finalized settlement have been identified and, according to DOJ Police Reforms Manager Clay Neal, are already under way. Neal said the bureau has established a behavioral crisis unit and, after expanding crisis intervention training to all officers is looking to offering an enhanced version of that training to other officers.

“It’ll just be more intense. They’ll just be the go-to officers,” Neal said. “They’re people who want to be working in that realm.”

But another section of the settlement is less well-known and has some stakeholders puzzling over next steps and funding – particularly since they aren’t involved in the settlement.

Section V of the settlement outlines goals for creating community-based mental health services, and tasks the coordinated care organizations with a big piece of that: “The United States expects that the local CCOs will establish, by mid-2013, one or more drop-off center(s) for first responders and public walk-in centers for individuals with addictions and/or behavioral health service needs. All such drop off/walk-in centers should focus care plans on appropriate discharge and community based treatment options, including assertive community treatment teams, rather than unnecessary hospitalization.”

The settlement also says that CCOs should create addictions and mental health-focused subcommittees, which will include representatives from the police bureau’s addictions and behavioral health unit, the unit’s advisory board, Portland Fire and Rescue and the Bureau of Emergency Communications.

Neal called that section “aspirational” and not binding to the city, and said city staff is participating in mental health workgroups with staff from the coordinated care organizations. Because these drop-in centers are not required, they will have no impact on the city’s budget deficit.

It’s also still an open question as to why the coordinated care organizations are actually part of the settlement since they were in their infancy when that agreement was reached in December. Neither Multnomah County nor the Oregon Health Authority participated in those settlement talks, he said.

Most of the recommendations in the settlement were negotiated, Neal said, with representatives from the city and the Department of Justice.

“Looking at the issue of police involvement with mental illness, a drop-off facility was one of the primary recommendations,” Neal said. “It wasn’t new ideas that were coming through the agreement. The process involved a lot of looking at what research has been done.”

Several workgroups have already been convened by Health Share of Oregon to strengthen the mental health system, said Beth Sorensen, communications manager. Deborah Friedman also begins her role as director of behavioral services in April.

“Health Share’s efforts are aimed at reducing the number of transports to avoid the need for a new drop-off center,” Sorensen said. “However, if the outcome of our work groups and our grant-funded initiatives indicates a need for that type of center, then not only Health Share, but Family Care and the county mental health authority would also be part of creating that type of facility.”

The settlement has yet to be finalized – as the mediation process between the DOJ, the Albina Ministerial Alliance and the Portland Police Association is still ongoing.

Last fall U. S. Department of Justice report said what mental health advocates had been saying for years: the Portland Police Bureau disproportionately and excessively applies force against people with mental illnesses.

The settlement is the result of an investigation begun in June 2011 and concluded last fall about the Portland Police Bureau’s use of force. That investigation determined that incidents involving the use of force disproportionately involved people with mental health diagnoses, as highlighted by several use-of-force cases in recent years, including the death of James Chasse, Jr., a lifelong Portland resident who died in police custody in 2006, several hours after an incident where several of his ribs were broken, prompting three lawsuits. Following the 2010 death of Aaron Campbell, who was unarmed and distraught over his brother’s death, former Mayor Sam Adams asked the federal government to investigate the bureau’s use of force.

Alien Boy, a documentary film about Chasse’s life and death, just wrapped a two-week run at Cinema 21 in Portland and is now playing at the Living Room Theater in Portland.

Most recently, Merle Hatch, who was shot by Portland police after a confrontation at Adventist Hospital, was described as struggling with addiction for most of his adult life, and Santiago Cisneros, who died March 4after a shootout with two officers in Northeast Portland, had received treatment for depression and post-traumatic stress disorder.

In an open letter to the DOJ released by the Mental Health Association of Portland last fall, its authors noted that people experiencing mental illness often do not respond well to authoritative commands – and that incidents of police brutality are the result of a system that fails to dismiss officers with a history of violence, but also fails to provide treatment options to head off acute episodes of mental illness.

“Without worthwhile treatment resources, acute illness is a predictable, routinely experienced complication of many illnesses,” the statement said. “For us, inability to respond to police immediately or typically can provoke an escalation in tactics that too often results in injury or death. While the settlement agreement does address treatment deficiencies, it is mainly responsive to the convenience of police, not the expressed needs of our community.”

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‘Alien Boy’ director on remembering James Chasse as ‘just a person’

Posted by Jenny on 26th February 2013

By Brian Lindstrom, in the Portland Tribune, Feb. 21, 2013

Brian Lindstrom

Brian Lindstrom

As parents of a 7- and an 8-year-old, my wife Cheryl Strayed and I often discuss what we hope to impart to our children.

At the top of that list is resilience, which I define not only as the ability to persevere despite obstacles but also as the capacity to extend some key element of your essential being beyond the vicissitudes and surfaces of day-to-day life.

James Chasse was resilient, and the opportunity to share that and other of his defining characteristics with a large audience was one of the main reasons for making the documentary “Alien Boy: The Life and Death of James Chasse.”

Many of you know Chasse’s name through the headline “Man with schizophrenia dies in police custody.” Perhaps you followed the story through the grand jury and civil lawsuit phases, and perhaps you wondered how he received 26 fractures to 16 ribs.

The first task of the film was to delve into James’ life, adding necessary dimension, depth and nuance to a person that — through no fault of his own — was now being defined by how he died. In making “Alien Boy,” I wanted to define James by how he lived.

One of the brightest parts of James’ life was his participation in Portland’s early punk music scene. Embraced by fellow outsiders and artists, he flourished, publishing his fanzine The Oregon Organizm, writing and recording songs as lead singer of The Combos, and playing muse to Greg Sage of the Wipers and Kim Kincaid of the Neo Boys, inspiring the songs “Alien Boy” and “Nothing to Fear.”

How many of us can say one song was written about us? James had two.

A measured account

James Chasse

James Chasse

The onset of schizophrenia made it nearly impossible for James to maintain those relationships, though he valiantly tried, writing a heartbreakingly brave note to an old friend from his punk days, “I thought I’d try to explain who I am….”

As so often happens with people suffering from severe and persistent mental illness, his behavior put people off and his interactions became confined to family members, mental health professionals and the rare person willing to endure the discomfort of reaching across the chasm of schizophrenia. One such brave, kind soul was Russell Sacco, a retired physician who attended the same church as James.

“He’s just a person and I’m just a person, so I went up and talked to him,” Dr. Sacco explains.

After weeks of no response, one day James replied “hello” to Dr. Sacco and a dialogue began. If only the police officers had approached James in a similar spirit that fateful day — or, absent that, ignored him altogether and not have initiated a foot pursuit that the Portland Police Bureau’s Training Division would later rule should never have happened.

The other task of the film was to take a clear-eyed, calm, measured account of how and why James Chasse died. Using eyewitness accounts, audiotape of the police investigation, police evidence photos, official court documents, footage from jail surveillance cameras, interviews of Medical Examiner Dr. Karen Gunson, recent Portland Mayor Sam Adams, then-Multnomah County Chairman Ted Wheeler, journalists Matt Davis and Anna Griffin, attorney Tom Steenson and James’ mother and father, and videotaped depositions from Officer Christopher Humphreys, Sgt. Kyle Nice and Deputy Bret Burton, the film presents a relentless, enraging cascade of actions, decisions, omissions and lies on the part of police that led to James Chasse’s death.

Then-Mayor Tom Potter and then-Police Chief Rosie Sizer attempted to divert attention from the actions of Humphreys, Nice and Burton by framing what happened to James Chasse as a failure of the mental health system.

Nothing could be further from the truth. James was a success story, living independently and managing things well. He went off his meds, which is part of the disease of mental illness, but his case manager was aware of this and asked Project Respond to do a welfare visit accompanied by a police officer.

The welfare visit revealed that James was in a bad way, and Project Respond’s Ela Howard asked Officer Worthington to file a report flagging James as mentally ill so that if the police ever encountered him again, they would know to call Project Respond rather than try to deal with James by themselves.

Officer Worthington didn’t file the report. This was on Sept. 15, 2006, two days before James died. The mental health system is not to blame for James’s tragic death.

Fueling change

Last Friday evening, at the Northwest Children’s Theater on Northwest 18th and Everett, a mere 100 feet from where Officer Humphreys first encountered James, we had a party after “Alien Boy” premiered at Cinema 21 as part of the Portland International Film Festival.

I had the privilege of introducing Mayor Charlie Hales to James Chasse Sr. What followed was an open conversation between a still grieving father and a new mayor about what steps the city can take to guard against this kind of tragedy happening again.

I’m in Missoula, Mont., where the film just played in the Big Sky Documentary Film Festival. The audience was enraged — may that rage fuel positive change.

But rage will only get us so far. Let Russell Sacco’s simple, wise words guide us: “He’s just a person, and I’m just a person….”

In that vein, we have to ask about the toll all this has taken on the officers involved. Have they received the necessary mental health help such a traumatic experience requires? How has this experience changed them? What have they learned? Are they still capable of doing their jobs? Do we, the public, still have confidence in them?

Portland resident Brian Lindstrom’s third feature-length documentary, “Alien Boy: The Life and Death of James Chasse,” will play Sunday through March 7 at Cinema 21 in Portland.

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Mike Reese might have been mayor; for now he’d rather be the face of police reform

Posted by Jenny on 18th January 2013

By Denis Theriault, The Portland Mercury, Jan. 16, 2013
Chief Mike Reese

Chief Mike Reese

The thought was hard to escape. If life had gone just a little bit differently—if the feds had waited to crack down on Portland cops for years of rough treatment of the mentally ill, if Occupy Portland hadn’t sprouted right when it did in 2011, if last year’s mayoral election hadn’t shaped up as a frantic fundraising race—Mike Reese might still be sitting down with me.But he wouldn’t be in uniform.We’d be a few blocks away from his spacious office on the 15th floor of downtown’s Central Precinct. We’d be on the third floor of city hall—in the mayor’s office.

That isn’t, of course, what came to pass. Reese, who became chief in May 2010, only briefly chased the job eventually won by Charlie Hales. He bowed out just early enough to keep things from being too awkward when Hales officially became, as of this month, Reese’s boss. And now? Reese says he wants to stay right where he is—joining, if Hales lets him, the ranks of Portland’s longest-tenured police chiefs.

That won’t be so easy. Though he could choose at any point to float off into a young retiree’s life of guitar practice, youth sports coaching, and running, Reese will instead guide the police bureau as it enters into its most tumultuous chapter in decades.

Federal reforms will force new limits in how officers use force, fire Tasers, and interact with mentally ill people—a potentially unsettling shift for the rank and file that’s already sparked tension with the police union, the Portland Police Association (PPA). Money is tight, raising the specter of job cuts. And police accountability groups, despite a palpable opening of the bureau under Reese, still rail at an institution they see as too insular and self-interested to ever create real change.

The chief talked about all of it during a wide-ranging interview earlier this month. Responses are slightly edited for length and clarity.

_________________________________________________________________________________________

MERCURY: Let’s start with the US Department of Justice (DOJ) settlement. The court process is obviously still unfolding, but the federal judge overseeing the agreement has also said the city and the feds are free to privately implement whatever they want while waiting for his blessing.

REESE: We’re moving forward on critical issues irrespective of what happens at the courthouse. We’re forming a behavioral health unit—selecting officers and creating an advisory board. We’re working on training for crisis intervention officers and the selection process for those folks. We’re going to move forward as quickly as possible, being mindful that there is a process. We want to get the advisory board in place and have them help us design some of the training.

_________________________________________________________________________________________

Who are you recruiting for that panel?

I’ve met with the head of the [local chapter of] the National Alliance on Mental Illness [NAMI] and some of their constituents. We want Cascadia and Central City Concern and Transition Projects to be part of that, and other treatment providers, too.

_________________________________________________________________________________________

How close is the crisis intervention team to launching?

We had 55 people apply. We’ll take everybody who meets the standards. So if we have 55 officers who want the job, and they have no performance issues and they’re hard-working and their supervisors think they’re right, we’ll train them all.

_________________________________________________________________________________________

What will be the policy changes on use of force?

We want to move forward on the Taser policy. We want to make sure our officers are trained on recent court rulings and community expectations. We are at the final stages of getting feedback from the Portland Police Association and the Department of Justice. Then we’re going to start training on it. And our overall use of force policy? Same thing.

_________________________________________________________________________________________

What are you hearing from PPA President Daryl Turner? He’s been critical of the process.

The PPA was frustrated that they weren’t at the table during our negotiations with the DOJ. But the DOJ was very clear that conversations were confidential and between the city and the Department of Justice. We recognize there might be labor contract implications, and that’s written into the agreement.

_________________________________________________________________________________________

Some changes, like assigning sergeants to go out to do hands-on use of force investigations, happened months before the settlement took shape. But you told community groups you wanted to wait before tightening the bureau’s Taser policy. How did you draw that distinction?

With the Taser policy, we had a lot of conversations with community groups. So that took a while. And then there were some court cases before the Ninth Circuit Court of Appeals that we were waiting for, to give us guidance on overall Taser policy. That happened probably in July or August. By then we knew the Department of Justice findings were going to come out. They were telling us it was going to be soon, so we said let’s wait on what happens with that before moving forward.

_________________________________________________________________________________________

The deal calls for a new medical facility where officers can drop off people in crisis. It’s supposed to open this summer. I’m not sure that’s going to happen.

Some of those things are out of my control.

_________________________________________________________________________________________

How did that get into the settlement?

Both the Department of Justice and the police bureau sought a different model than the one we have. The DOJ had looked at other cities that had a single location to drop people off. We used to have that model. It worked very well for us, so we strongly advocated for it.

_________________________________________________________________________________________

The county pretty recently opened its own Crisis Access Treatment Center. How well has it been working?

I don’t know. It doesn’t work for us. We’ve never taken anyone there.

_________________________________________________________________________________________

What about it isn’t working?

They have procedures against it. I can’t take anybody there.

[Asked for comment, Multnomah County spokesman David Austin clarifies that police are free to take people in crisis to the CATC, provided they call first to start the admissions process. “The police absolutely have access to the CATC and to other critical mental health services designed to help people in crisis. Because we’re all partners. This is a community issue, and we all have a stake in figuring out the best ways to serve anyone a mental health crisis.”]

_________________________________________________________________________________________

The mayor has repeatedly stressed the need for a “culture change” in the bureau. What comes to mind when your new boss says that about an organization you’ve run for nearly three years?

He heard from a lot of folks in our community who want the Portland Police Bureau to be in sync with their values. You know, these are challenging times for police organizations around the country, because as crime has fallen, the work that officers do has fundamentally changed.

As I have said since I became chief, our officers have to have better relationships with social service providers than they do with the jail. Homelessness and drug addiction, poverty and mental health issues are not problems easily solved by society, much less law enforcement.

_________________________________________________________________________________________

Has the bureau’s new training advisory committee started meeting?

I don’t know if Bryan Parman, the training captain [and also president of the city's other police union, the Portland Police Commanding Officers Association], has made final selections or not.

_________________________________________________________________________________________

Will you release their names?

Absolutely. We had, I think, 41 people put in for it. I didn’t look at all 41 résumés. But I saw the list and thought it was a great group. We were hoping we would get nine to 12 people to participate. Obviously a group of 41 is hard to manage. But I told Bryan I don’t want nine or 12 happy people and another 29 who are pissed off at me.

Let’s take this opportunity to reimagine what we thought about the training advisory committee. So we’ll have three different subcommittees looking at defensive tactics, our patrol tactics, and looking at, maybe, firearms or Tasers. And you have a smaller executive committee. We would let people pick which area they were most interested in. I’m hoping everybody who put in will get to participate.

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And, let’s confirm: Despite initial reports, the meetings will be open?

The meetings will be open. If the committee decides there’s something confidential to review, then it can close the meeting. But otherwise the meetings will be open.

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Let’s talk about your relationship with the PPA. Daryl Turner has said the DOJ reforms are already causing injuries, citing an unusual spike in hurt officers late last year. Is he correct?

I haven’t seen any of the recent injuries tied to the settlement agreement. One, the agreement hasn’t been finalized yet. It’s in the court process now. Certainly officers now are, I think, considering it. They want to know what our Taser policy will be, where it will end up. And our force policy, where will that end up. They want to be trained so they can be in sync with court rulings around Tasers and use of force. Those officer injuries occurred because we interacted with people who were violent and intent on hurting us and the community.

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And you don’t foresee injuries being an issue when the settlement is finalized?

All those injuries came in a very short amount of time. We’ve had a couple of months since then. Things seem to be moving along as they always have. Use of force is down. We just had our most recent report for 2012, and force incidents have continued to drop. Our officers continue to be very thoughtful, and judicious, in how they approach their job. Force is very little of what we do. In a city of 600,000 people we use force on average twice a day to take someone into custody or enforce the law. It is a quarter of a percentage of all contacts. It’s only 3 percent of all arrests.

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Daryl Turner also has come out and accused you—after Sam Adams challenged an arbitrator’s reinstatement of Ron Frashour, the officer who killed Aaron Campbell—of lying and conspiring in the case. He’s attacked Lieutenant Robert King, formerly your top spokesman and a co-author of Frashour’s training review, implying he wasn’t truthful during arbitration. What’s it like being in the same room with Turner?

Daryl and I get along very well. There’s always going to be tension between labor and management. He has a role to play. He has a bully pulpit as the elected union president. Some of it’s because we are in a contract year, so he’s positioning for a contract. You’ll have to ask Daryl why he’s messaging things that way. Certainly, just on a personal level, Daryl and I like each other. We get along very well.

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So when he says those things about you, those strong statements he’s put out in the press, that doesn’t…

Well, that’s in the press. I don’t know if he has said them or not.

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Yes, but he’s also written them. He’s put them out in the union newsletter.

I disagree with his characterizations of the arbitration process. Certainly Robert King is one of the most respected people in this organization, a person of high integrity and ethics. I stand behind his work on the training review. Robert did an exceptional job. It’s interesting that no one is picking a part of the training review and saying it’s wrong. They’re going after the process. The training review, if you read it, is spot on. It is a very accurate reflection of the issues in play in the Frashour case.

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You mentioned the media. You’re alluding to the fact that reporters may not shade things correctly.

I don’t mean that. I just mean that Daryl will say something, and different media sources pick that up. You know, controversy sells papers. I respect the fact you guys have a job to do, and a little tension between labor and management doesn’t hurt things.

We are both on the same page in terms of keeping our officers safe, and doing everything we can to train our officers. There is a process that gets us there. And that process, because of the federal investigation, was a little compressed. We tried to get the policies done quickly. We may have not followed the best process at times. At the end of the day, Daryl and I really agree that we want the members of the bureau to be safe and well trained. We both agree we have exceptional officers here.

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Which reporters do that the most? I fully realize you might be looking in my direction.

The media can create a perception that government isn’t working. And it really matters that you get the story right. If we are doing something wrong, and you want to outline whether or not we’re doing our best work, I’m okay with that. But I don’t think it helps to create controversy just to create controversy. Does that make sense? I have a responsibility to this community. You have a responsibility, too. You have to provide balance. If it’s there.

Sometimes it isn’t.

True.

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Charlie Hales has told me he won’t declare—during the budget process—that the police automatically will suffer less than other bureaus. What does a 10 percent cut for the bureau look like?

Those are going to be difficult decisions for the city council. I really respect the fact that they have difficult decisions to make and balancing to do.

It can be counterproductive to community safety to close a community center—where kids have opportunities to play and interact in a positive fashion—just to save police jobs. Or to lay off firefighters to save police jobs.

And I respect the members of the council. They are good people, very thoughtful. We will provide them with information about the police bureau’s priorities, but We are not policing in a vacuum. We police in a community that has a lot of competing issues.

For example, our top priority with our school police officers is the safety of kids and staff and visitors. But our second priority is to help kids graduate. That has very little to do with our mission as a bureau, but everything to do with the future health of the city and long-term public safety issues. If we can get kids to graduate and become productive members of society, then they’re not in the criminal justice system. We’re all about looking at long-term ways to reduce people’s intersection with the criminal justice system.

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It sounds like you’re at least contemplating the possibility of layoffs.

I don’t know if it’ll get to layoffs. We may have vacancies we don’t fill. There are some opportunities to look at other cuts. In the past we’ve paid for some functions at the county. The county may have to pick those up. We fund a couple of deputy district attorneys. We pay for identification techs who work in the jail. We’ve got the Hooper Detox Center and the CHIERS service. Those are all areas that elected officials can work through.

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Some reports have come out, recently, charting racial disparities in police statistics. The most controversial looked at the bureau’s traffic and pedestrian stops. But a lot of people were heartened when, at a community meeting where those stats were revealed, officers actually said that yes, maybe, racism might be a factor in police work. Do you agree—and does that merit more introspection?

It does, and also the fact that there is a disparate impact on people of color throughout the criminal justice system—both as victims and as people who are incarcerated. We have to look at that impact, but it crosses so many different lines. You look at schools. Kids of color—there is a disparate impact in the discipline process there. You look at graduation rates. It’s everywhere in society.

It’s not just in law enforcement. And I really think it requires us to take a very frank look at everything we do with an equity lens.

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The bureau is improving how it collects and tracks data. Will that lead to answers?

Yeah, I mean, certainly you want to look at that. Because that can help you question why it looks that way. But, um, you know, sometimes the answer is obvious. You look at gang violence right now. Some 75 percent of the victims in gang shootings are African-Americans. That is a disparate impact. Most of the gang problem in Portland involves African-American gangs. So we have to ask ourselves as a community why a young person of color sees more hope in joining a gang than staying in school. Certainly, because of the role we play in law enforcement, we need to be at the forefront of that discussion.

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Only two people died last year as a result of officer-involved shootings. Other shootings obviously also happened, but that number is down. What’s changed?

With officer-involved shootings, again, we are a city of 600,000 people. They fluctuate. Last year we had six. Before that we had four. The year before that, six again. It goes up and down. They are such a small number that it’s hard to say it’s going this way or that for any specific reason. You have to look at larger trends.

Nationwide, if you look at us in terms of population, we are at the lower end of major cities in terms of shootings. If you just look at the metrics of it, the drop in our force numbers has been significant over the past five years. Not just officer-involved shootings but in broader categories where there’s enough data to actually get a sense that this is changing the culture of the organization.

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I was reminded of something that emerged in the transcript of the Frashour arbitration hearing. You said, “We don’t have a right to shoot him. He never displayed a weapon. He didn’t take any offensive action for the officer.” That’s a strong standard others have taken umbrage with. Officers don’t think that’s realistic. It also could apply to some of the other police shootings last year. Is that the lens through which you see discipline?

All of these situations, you have to look at them individually. Specific to Aaron Campbell, and not any other incident, you had a young man who had not committed a crime, who had not threatened to harm anyone except himself, who hadn’t displayed a weapon, and who was running away from the officer. So all of that goes into the totality of the circumstances that I weigh when I look at whether that shooting was justified. My answers in arbitration were specific to that set of circumstances.

In other circumstances, we will look at those on an individual basis.

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So if an officer is reading those remarks in the paper, on our blog, on the union newsletter, they shouldn’t assume that it applies to them?

Yeah, again, officers have a duty and a responsibility to protect themselves and the public from imminent danger. It’s hard to sit in hindsight and look at those incidents and judge them—but I have to. It’s my job. I respect that officers have to make split-second decisions. And I think we make really good decisions in the vast majority of cases. In the Campbell case, the officer didn’t make the best decision.

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The mayor has said he doesn’t support the ongoing court fight against Frashour’s reinstatement. Right now, he’s not on active duty. Will that change under Charlie Hales?

That’s a question for the mayor.

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That’s not something you’ve discussed yet?

No.

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If he asked you to do that, would you?

I respect the arbitration process. The city entered into it with the PPA in good faith.

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The arbitrator said he should be on active duty. So if Hales agrees, then…

At this point the council and the mayor have made a decision. I work for the mayor, and I’m going to follow his direction.

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Hales said pretty early that he wanted you to stay. And it’s January, and here you are. Has he laid out any goals for you? You’re eligible for retirement.

Now why did you have to go and say that?

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I’m just asking. Are you here to help him get on his feet? Or do you want to see this through longer than you actually have to be here?

I really believe that stability of leadership through this organizational change is critically important for the bureau and the community. I serve at the will of the mayor. I have a civilian boss, and I give him my best advice and I follow his direction.

But I would like to stay for a few more years, and the management team I have up here, I hope, can stay with me. I believe this is one of the longest tenures, since I’ve been a police officer, of any chief’s office.

It is two and a half years for all of us, and that’s a long time for a group of leaders to stay in place. I feel like I’ve got a team, with [Assistant Chief] Eric Hendricks and [civilian director of operations] Mike Kuykendall and [Assistant Chief] Larry O’Dea, who are just superb. I really appreciate the fact that they are willing to keep at it.

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One last question. Will you run for political office again?

I have a great job.

[Laughter erupts. Reese's current spokesman, Sergeant Pete Simpson, chimes in with: "Did he ever run for political office before?" Reese replies: "Yeah, exactly!" Reese, in late 2011, had set up a fundraising committee to run for mayor and was reaching out to endorsers and donors, but decided against formally filing papers.]

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People don’t consult [political adviser] Mark Wiener just to consult Mark Wiener.

I am very humbled by the opportunity to serve. And I really like our new mayor. And the council. I respect every one of them. This is going to be a really good year.

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Police Review Board files allow glimpse at misconduct, lack of accountability

Posted by Jenny on 18th January 2013

By Denis Theriault, The Portland Mercury, Jan. 16, 2013

Chief Mike Reese (center)

Chief Mike Reese (center)

Twice a year since 2011, the Portland Police Bureau quietly posts the work of its Police Review Board (PRB)—the group of civilians, cops, and city officials who weigh the most serious misconduct cases facing officers and then tell the chief, if they agree a cop has done wrong, what should be done about it.

The reports provide a compelling glimpse of the seamy underside of a police bureau with nearly 1,000 cops, and an equally frank look at how city and bureau officials respond to it. Details about police shootings and force cases mingle with accusations of cops driving drunk, hitting strip clubs, inappropriately touching subordinates, acting unprofessionally, or using their on-duty time to shop for personal electronics.

DOWNLOADPRB files (PDF, 2.75MB)

The board and the release of its documents were hailed as key triumphs in a 2010 police accountability push. But the reports, heavily redacted, also have some flaws:

They don’t include the names of accused officers. They don’t make clear how individual PRB members voted in a case. They also never include what discipline, if any, Chief Mike Reese actually metes out to cops. And that last issue, especially, is causing a minor stir in city hall. The latest batch of reports (PDF) revealed a nearly unanimous decision to fire a commanding officer accused of improperly touching female subordinates, lying, and pulling out his gun in an out-of-state road-rage incident. The Oregonian had previously reported the officer in question had been demoted.

Lt. Todd Wyatt

Lt. Todd Wyatt

Mary-Beth Baptista, the city’s independent police review director, has taken the unusual step of publicly condemning Reese’s decision. Her comments appeared in the Oregonian, which reported, a few days before the bureau posted the PRB reports, that former traffic division Captain Todd Wyatt had been bumped down to a lieutenant. And accountability activists are keenly watching whether the war of words leads to greater transparency.

“It’s unprecedented,” says Dan Handelman of Portland Copwatch, who has long demanded that review board hearings be open to the public.

The PRB reports show just one member voted against firing Wyatt—but the person is not identified. The five-member board includes civilians like Baptista, but also police officials—including an accused cop’s direct supervisor and an assistant chief.

The board’s recommendation was unsparingly forceful—finding Wyatt’s biggest problem came in telling the truth about the allegations he faced. Wyatt, besides speaking to internal affairs investigators, also addressed the PRB.

“Some members of the board felt that even a street patrol position was questionable given the gravity of the issues of poor judgment and untruthfulness/untrustworthiness,” says the report, which is prepared by the board’s nonpartisan facilitator.

Reese’s office has declined to release the letter it sent to Wyatt laying out his reasons for a demotion. That demotion was backed by then-Mayor Sam Adams, who also reviewed Wyatt’s file and joined the chief at a hearing where Wyatt was allowed to personally plead his case one last time and offer up “mitigating circumstances.”

“Individual discipline cases are confidential personnel matters. Neither the chief nor the bureau can comment on cases where an officer receives discipline,” Reese’s spokesman, Sergeant Pete Simpson, told the Mercury, calling the Police Review Board “only a recommendation and one step in a complex process.”

“Chief Reese takes discipline decisions very seriously and conducts a thorough analysis of the investigative materials, meets with the member officer, and discusses proposed discipline with the city attorney’s office to make sure that the police bureau is being fair and consistent with past discipline decisions,” Simpson continued.

State collective bargaining law, however, allows for officials to release discipline information if there’s a compelling public interest. The Mercury has asked the Multnomah County District Attorney’s Office to release the letter, arguing Wyatt’s case qualifies for a “public interest” exemption. That request joins another from the Oregonian, the DA’s office says.

Interestingly, Wyatt wasn’t the only officer in the latest reports recommended for termination.

In one 4-1 vote, the board found against a cop accused of lying to his commanding officer after he got caught some 80 blocks outside his assigned district—apparently so he could purchase a TV. Then, in a unanimous vote, the PRB urged Reese to dismiss a cop accused of failing to file a special “use of force” report and then lying to cover his tracks.

Simpson, citing state law, also declined to comment when asked if discipline in those cases also differed from the PRB’s recommendation.

Asked about what seemed like the bureau’s proactive release of discipline letters in cases involving Captain Mark Kruger (accused of hanging Nazi memorabilia in a park), Officer Ron Frashour (fired for shooting Aaron Campbell in the back), and then-Officer Chris Humphreys (cleared of misconduct after firing a beanbag shotgun at a preteen), Simpson said the bureau likely released information only when ordered by the DA.

“I’m nearly certain,” Simpson said, “that in all of them they did.”

The DA’s office, meanwhile, says it expects to decide on releasing Wyatt’s letter as soon as January 23.

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Portland police union files in court to block excessive force agreement

Posted by admin2 on 20th December 2012

By Maxine Bernstein, The Oregonian, Dec. 19, 2012

Portland Police Association President Daryl Turner

Portland Police Association President Daryl Turner

The Portland police union is trying to block a negotiated agreement that requires major reforms to police practices, which city officials spent months hammering out to avert stiff federal penalties.

Anil S. Karia, the attorney for the Portland Police Association, filed a motion in federal court to intervene in the the city’s settlement agreement with the U.S. Department of Justice. The union argues that the changes to Portland police use of force policies, training and oversight undermine the collective bargaining rights of union members.

He requested oral argument on the union motion to intervene as a defendant, alongside the City of Portland, in the civil suit the federal government filed against the city on Monday.

The city is “restraining and coercing” union members by requiring them to comply with the settlement, even though it violates the city’s collective bargaining agreement with the union, Karia wrote in a 36-page memorandum filed in court.

READMemorandum in Support

Mayor Sam Adams, who negotiated the settlement, disagreed.

In an e-mail, Adams Wednesday said the settlement “accepts that certain provisions of the agreement will be subject to collective bargaining.”

“If any part of the agreement is impacted by collective bargaining, the city will work with the DOJ to determine how to proceed,” he wrote.

U.S. District Judge Michael H. Simon has scheduled a status hearing for 9:30 a.m. on Friday. But he gave federal prosecutors extra time — until Jan. 22 — to file a response to the union’s motion.

The settlement agreement needs the judge’s approval.

The union’s legal maneuver is similar to one that the Los Angeles Police Protective League successfully used a decade ago to intervene in a use-of-force settlement.

A consent decree between the city of Los Angeles and the federal government was submitted in federal court after the U.S. Department of Justice found Los Angeles police engaged in excessive force, false arrests and improper searches and seizures. A federal judge denied the union’s motion to intervene, but a federal appellate court in April 2002 reversed the ruling.

The 9th U.S. Circuit Court of Appeals found that the Los Angeles police league’s rights to negotiate the terms and conditions of its officers’ employment gave the union an interest in the consent decree.

Karia cited the federal appellate ruling in the Los Angeles police case in his motion before Judge Simon.

Portland’s police union may not be the only group seeking to challenge the settlement agreement.

Members of the Albina Ministerial Alliance’s Coalition for Justice and Police Reform pledged to attend Friday’s court hearing to let the judge know of the community’s “profound disappointment with this DOJ settlement,” according to a post on the group’s Facebook page.

The union action came one day after the federal government formally filed a lawsuit against the City of Portland in U.S. District Court, alleging excessive force by police, as well as a proposed settlement that calls for an array of police reforms.

The court filings stem from the U.S. Department of Justice’s nearly 15-month investigation into use of force by Portland police. The inquiry found police engaged in a pattern or practice of excessive force against people suffering from or perceived to have a mental illness.

The settlement, approved by the City Council on Nov. 14, calls for widespread changes to Portland police policies on use of force, Tasers, training, supervision and oversight. It also calls for a restructuring of police crisis intervention training and quicker internal inquiries into alleged police misconduct.

Assistant U.S. Attorney Billy Williams, who was part of the Justice Department’s investigative team, said the team conducted separate conference calls with both the Portland Police Association and the Portland Police Commanding Officers Assocation “to solicit their input on specific remedial measures,” according to his legal memo filed in court. Their input was considered, he noted.

The police union also filed a grievance with the city after the council approved the settlement. It contends that city officials “in bad faith” reached the agreement without negotiating changes that affect officers’ working conditions, workload, safety-related training, disciplinary procedures, and an officer’s right to legal representation.

The new use of force standards and restrictions on Taser use “will jeopardize officer safety,” and officers “will be unreasonably limited in the force tools available to them to safely resolve incidents,” according to the union’s motion.

In the Los Angeles case, by the time the 9th Circuit ruled on the union’s appeal, the federal district court in Los Angeles already had approved the consent decree. The appellate court said its ruling did not require the district court “to turn back the clock or rescind the consent degree.” Instead, it allowed the police union to intervene from that date forward.

Portland’s mayor, who had hoped to have the agreement signed by a judge before he left office by year’s end, said the city needs to move head.

“Our perspective,” he said, “is that the city of Portland needs to begin its efforts to accomplish the reforms called for in this agreement immediately.”

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