INDEPENDENT POLICE REVIEW - CITIZEN REVIEW COMMITTEE - APPEAL PROCESS ADVISOR
Administrative Rule Adopted by Auditor's Office Pursuant to Rule-Making Authority
An Appeal Process Advisor (APA) will be designated to assist an appellant/officer (hereafter referred to as "Participant") before and during case file reviews and appeal hearings. The APA is not a legal advisor but will assist a Participant in understanding the case file review/appeal hearing process. The Citizen Review Committee (CRC), with IPR's assistance, will prepare guidelines for the APA to ensure uniformity.
1. Use of the Appeal Process Advisor: Participants have the option to use the services of the APA in preparing for case file reviews/appeal hearings. IPR shall advise the Participants of the availability of an APA. A Participant, desiring the services of an APA, shall notify IPR at least two weeks prior to the case file review. If a request for an APA is received less than two weeks prior to the case file review, an APA may be provided only if an APA is available and has sufficient time to review the case and meet with the Participant.
2. Selection of the Appeal Process Advisor: The CRC Chair or the Chair's designee will select an APA on a case-by-case basis from among former CRC members willing to serve as an APA.
3. Participant Notification: The CRC Chair or designee will advise IPR of the name of the APA. In turn, IPR will notify the APA of contact information for the Participant. IPR shall ask the appellant about the need for reasonable accommodations (e.g., interpreter, assisted listening device) and will make such arrangements.
4. Access to Files: The APA will have access to the same Internal Affairs (IA)/IPR case file and information as CRC.
5. Role of the APA: The APA will familiarize the Participant with the appeal process. The APA will provide guidance as outlined below.
a. The APA will explain the APA's role to the Participant and the APA's qualifications for serving as an APA.
b. The APA will explain the roles of IPR and CRC and will explain the decision-making authority of CRC, to include an explanation under the City Code of the review standard.
c. The APA will describe the case review performed by the CRC members prior to the case file review/appeal hearing.
d. The APA will explain the appeal process as described in CRC and IPR protocols, as appropriate, including possible outcomes.
e. The APA will explain the roles of the various persons in attendance (i.e., City Attorney, IPR Director, IA Captain, police officers and their representatives, and the public) and that the case file review/appeal hearing will be recorded.
f. The APA will counsel Participant on how to structure the appeal to most effectively appear before CRC. The APA will explain case file review/appeal hearing procedures and protocols, such as using the terms "Appellant" or "Officer A" to protect everyone's confidentiality, addressing all comments to CRC, requesting a break if needed, time limits, making a clear and concise presentation, focusing on most important issues, Participant and witness presentations and rebuttal, and the opportunity for family or friends to speak during the public comment period.
g. The APA may offer to sit with the Participant during the case file review/appeal hearing.
h. The APA may address CRC, witnesses, or other participants at a case file review/appeal hearing when recognized by the Chair.
i. In an effort to continuously improve the appeal process, the APA will complete a written evaluation on the form provided by CRC and will submit the evaluation to CRC within no more than 30 days following the case file review/appeal hearing.
Filed for inclusion in PPD June 29, 2006.
Amended by Citizen Review Committee on December 19, 2006 to correct and clarify issues.
Amended rule filed for inclusion in PPD February 12, 2007.
Amended by Citizen Review Committee on August 10, 2011.
Filed for inclusion in Portland Policy Documents on August 25, 2011.