CRC Members Present: Hank Miggins (Chair), Michael Bigham, Loren Eriksson, Irene Ogouma, Lewellyn Robison, Robert Ueland
CRC Members Absent: Theresa Keeney, Marcella Red Thunder
City Staff Present: Leslie Stevens (IPR Director), Michael Hess (IPR), Lauri Stewart (IPR), Linly Rees (City Attorney’s Office)
Portland Police Bureau Members Present: Captain John Tellis (IAD), Sergeant Judy Brumfield (IAD), Sergeant Robert King (Portland Police Association)
Chair Miggins called the meeting to order at
I. Introductions of CRC members and meeting attendees
Chair Miggins announced that he had taken the liberty of the Chair to add a new item (General Discussion) for tonight’s meeting. After seeing how this works tonight, he will ask the CRC members to consider this as a permanent change for future CRC meetings.
II. Approval of Minutes of 5/16/06CRC Meeting: Mr. Eriksson made a motion to approve the minutes. Mr. Ueland seconded the motion. The motion passed unanimously.
III. Pre-hearing of Case #2004-C-0732
Neither the appellant nor the involved officer was present.
Chair Miggins read the pre-hearing protocol, and Deputy Director Hess read a summary of the pre-hearing working paper.
Mr. Eriksson made a motion to decline the appeal. Mr. Ueland seconded the motion. After public comment by Dan Handelman, Portland Copwatch, the motion to decline was voted on and carried 4-1, with one abstention.
Yes: Bigham, Eriksson, Robison, Ueland
Abstain: Ogouma (recused by the Chair)
Following the vote, Chair Miggins brought up the issue of the large amount of time it took for IAD to process this complaint. Captain Tellis and Sergeant Brumfield explained the causes for delay, including the retirement of the original investigator, reassignment of the case to a new investigator for additional questioning of the officers, the extended leave status of one of the primary officers, and the preempting of this investigation by an officer-involved-shooting investigation.
Captain Tellis stated that two IAD investigators will be retiring in the next six months. One extra investigator position has been added to IAD. Two sergeants, Sergeant Mike Marshman and Sergeant Derek Rodriguez, will be transferring to IAD in July. Mr. Ueland stated that he would like the record to reflect his thanks to Chief Sizer for her quick response to the staffing shortage in IAD. (A copy of Chief Sizer’s letter to Chair Miggins regarding this matter was included in the CRC meeting packet.)
IV. Supplemental Pre-hearing of Case #2005-C-0111
In April CRC had recommended that IAD conduct additional investigation of this case, and IAD agreed to do so. Neither the appellant nor the witness responded to IAD’s attempts to contact them. The findings were reviewed again by the precinct commander and returned unchanged.
Neither the appellant nor the involved officers were present. Chair Miggins asked Director Stevens to comment on this case. Director Stevens stated that she included in the CRC packet her letter to Captain Tellis outlining the items that CRC had requested that IAD look into. IAD did everything CRC asked them to do, and no additional information resulted. Captain Tellis commented that the additional work was a duplication of IAD’s original efforts, and the results were the same.
Mr. Eriksson asked Director Stevens for clarification about procedure for handling appeals after additional investigation is completed. Director Stevens replied that this could have been a new pre-hearing but that a supplemental pre-hearing seemed to be an appropriate procedure in this case because the appellant did not wish to withdraw the appeal when the case was returned with no change in findings.
Mr. Eriksson made a motion to decline the appeal. Mr. Ueland seconded the motion. After public comment by Dan Handelman, the motion to decline was voted on and carried 5-0, with one abstention.
Yes: Bigham, Eriksson, Robison, Ueland, Miggins
Abstain: Ogouma (recused by the Chair)
V. Director’s Report
Appeals Update: To date for calendar year 2006 there have been eighteen cases that have been eligible for appeal. Two appeals have had pre-hearings. The appeal deadline has not yet been reached for six cases. One potential appellant has expressed an interest in mediation in lieu of an appeal.
New PPB Directives: Two new directives and two “Tips and Techniques” bulletins were received from the Chief’s Office and were provided to CRC members. One new directive was regarding police response to mental health facilities, and was in response to a PARC recommendation. The second new directive was concerning vehicle pursuits. One of the informational bulletins had to do with firearm submissions and property receipts and one was concerning avoidance of violations of defendants’ right to speedy trial.
Chief’s Forum Update (Lauri Stewart): At the June 5 Chief’s Forum Chief Sizer spoke about collection of racial stop data and the Police Bureau’s efforts to form a partnership with PortlandStateUniversity for data analysis. Community forums are being held in each precinct to discuss racial profiling. Specific remedies have not yet been decided on. Officers are being provided a new training on racially biased policing which uses a decision tree model to show the consequences of judgment calls and decisions. (Director Stevens, who has participated in this training, said that she will ask the Training Division if they would be able to provide this training to the CRC if the CRC members are interested in having this training.) The June 19 Chief’s Forum dealt with stepped-up efforts by the Police Bureau to recruit and hire women and minorities.
Community Outreach Update (Lauri Stewart):
The next CRC meeting will be at the SellwoodCommunity Center (1436 SE Spokane Street). The guest speakers will be from Project Respond and the Police Bureau’s Crisis Intervention Team. The topic will be the special needs of policing with regard to people with mental health issues.
Foreign language commendation and complaint brochures are being printed. IAD has offered to pay for the printing costs of these brochures. Brochures will be available in Chinese, Korean, Russian, Spanish, and Vietnamese.
Ms. Stewart has spoken with Dr. Edward Kimmi, Secretary of the Korean Society of Oregon, about outreach to the Korean Community. Information about IPR will be included in their quarterly newsletter, and the new Korean language brochures will be distributed to sites frequented by the Korean populace. There will be an IPR/CRC information table at the annual gathering of the Korean community in Delta Park on 8/12/06 from 9:00 a.m. to 7:00 p.m. Lauri asked for volunteers from CRC to assist her in this activity.
Ms. Stewart met with Genny Nelson of Sisters of the Road to get her perspectives on police-community issues among the homeless and to learn more about each other's work. Sisters of the Road is completing a research project involving interviews with street people in the OldTown and downtown area. One section deals with interactions with police. They hope to publish this research within a year. There is a possibility that advance copies may be available for CRC.
Ms. Stewart will be doing a presentation at Southwest Neighborhoods on Tuesday, June 27, at She invited CRC members to accompany her. The Lewis and ClarkUniversity public safety chief consulted with Ms. Stewart about mediation, and the University of Washington consulted with her on IPR’s survey instruments for the mediation program. The City of Seattle, consulted with Ms. Stewart about Portland’s recruitment process for IPR Director.
The deadline for submission of articles for the next IPR Quarterly Newsletter is Friday (June 23). Ms. Stewart encouraged CRC members who would like to submit an article to do so by that date. Ms. Stewart provided a handout listing institutions that CRC helped to choose as distribution sites for IPR brochures and asked anyone with suggestions for additions or deletions to contact her.
VI. Workgroup Updates
Community Advisory Council (CAC) Workgroup (Hank Miggins, Chair). At the last meeting of this workgroup, the members agreed that the workgroup’s work was over and it was time to pass on this project to the full CRC. The consensus of the full CRC was that efforts should continue with regard to the CAC, but there needs to be further discussion about the mission and direction of this group. CRC scheduled a special meeting dedicated to the CAC for Wednesday, July 19, at in the Lovejoy Room. The CAC Workgroup will meet again on Wednesday June 28 at in the IPR Conference Room to develop the agenda for the July 19 meeting.
Appeal Workgroup (Robert Ueland, Chair). The last meeting of the Appeal Workgroup was canceled. Ms. Robison signed the letters that were sent to former CRC members to gauge their interest in serving as an Appeal Process Advisor (APA). To date, one former CRC member in addition to Eric Terrell has expressed interest. Two others have responded that they are not able to volunteer at this time. Chair Miggins requested that the Appeal Workgroup meet with the persons who expressed interest and report back on this at the next CRC meeting. The next meeting of the Appeal Workgroup is scheduled for Wednesday, July 12, at in the IPR Conference Room.
Tow Policy Workgroup (Michael Bigham, Chair). The Tow Policy Workgroup met three times in the past month. The workgroup has met with City Tow Hearings Officer Gregory Franks and Commander Rowley of the Traffic Division. In addition, the workgroup members have each reviewed thirteen cases involving tows. Two problem areas that the Tow Police Workgroup is looking at are the towing of stolen vehicles and the lack of notice of appeal rights to drivers or owners when their vehicles are towed to the City of Portland ’s Asset Forfeiture lot. The next meeting of the Tow Policy Workgroup is scheduled for Tuesday, June 27, at in the IPR Conference Room.
Protocol Workgroup (Lewellyn Robison, Chair). The Protocol Workgroup was not able to meet as scheduled in June. The next meeting of the Protocol Workgroup is scheduled for Monday, July 10, at 10:00 a.m.
Ms. Linly Rees (Assistant City Attorney) will not be available for the next Appeal Workgroup meeting, so she offered to discuss questions that were raised at the last CRC meeting about the Appeal Process Advisor (APA) protocol. The first question was whether there is any City requirement that protocols be posted for public comment before they become effective. The second question was whether it would be appropriate to afford an APA for a City Council hearing. Ms. Rees stated that the APA’s role is not to represent the appellant/officer but solely to advise them on procedures. Since the City Council has not adopted a protocol for appeals of CRC decisions, part of the APA’s preparation of an appellant or officer for a City Council hearing would be a discussion of the role and powers of the Council and that Council can hold the hearing in whatever manner it chooses. As for publishing IPR/CRC protocols for public comment, although this is a good practice, there is no City of Portland requirement to do so. There is, however, a requirement is to publish protocols after adoption.
VII. New Business
Mr. Eriksson reported that he was selected from the citizen pool of the Police Bureau’s Use of Force and Performance Review Board to serve on a Performance Review Board. Mr. Eriksson said he thought it was a good and open process, with good interaction between him as a citizen and the Police Bureau members of the board. Ms. Robison stated that she served on an Officer Involved Shooting Review Board. She also thought it was a very good process.
VIII. Public Comment
Chair Miggins prefaced the Public Comment section by stating that he purposely separated Public Comment and General Discussion on the agenda. The intent of Public Comment is to deal with issues that were dealt with during the meeting. General discussion, on the other hand, would be wide open and informal. Chair Miggins placed General Discussion at the end of the meeting so that it if time runs out, it could be curtailed without damaging any business.
Debbie Aiona (League of Women Voters): suggested reinstituting the practice of adding public comment to decision making items on the agenda as a reminder.
Dan Handelman (Portland Copwatch): commented about the first pre-hearing and the role of the Community Advisory Committee.
IX. Wrap-up Comments:
Director Stevens stated that Chief Sizer had announced a number of command-level changes in the Police Bureau, affecting the Chief’s Office, the Training Division, School Police, Central Precinct, Southeast Precinct, North Precinct, Traffic Division, the Detective Division, and the Tactical Operations Division.
Chair Miggins asked the CRC members if there was going to be a retreat. Ms. Robison suggested that time be set aside at the next CRC meeting to discuss things that CRC should be doing and whether having a retreat would be one way of accomplishing these.
Chair Miggins brought up the training needs of the CRC, particularly with regard to the new members. Director Stevens stated that the Bureau had been planning to have a spring Citizen’s Academy, but because of the command changes, it appears that the next Citizen’s Academy will not take place until fall. Director Stevens intends to contact the new Training Division Captain and reiterate her previous request for a special training for CRC members, which the previous Captain had already agreed to provide.
Chair Miggins asked about the status of ride-alongs. Ms. Ogouma stated that she went on a ride-along and intends to write a note for the record and share her insights with CRC and Director Stevens. Director Stevens suggested to Ms. Ogouma that she could request a time on a future agenda for that purpose. Ms. Ogouma said she would think about it.
Chair Miggins stated that his last two attempts to schedule ride-alongs with Central and Northeast Precinct did not materialize. He said this was some time ago. Director Stevens said that IPR wants to assist CRC members who want ride-alongs. Anyone who wants a ride-along should contact Judy Taylor. If there is a problem, Director Stevens offered to contact the precinct commanders, who have been very responsive.
X. General Discussion
Deputy Director Hess explained that IPR had mailed the pre-hearing protocol and working paper to the appellant’s Las Vegas mailing address, but the appellant did not receive this mailing because he traveled to Portland without notifying IPR. He did, however, receive a prior mailing clearly notifying him of the time, date, and location of the pre-hearing.
Ms. Aiona suggested that the first notification letter to appellants should include a statement that they will be allowed to participate in the pre-hearing. Director Stevens agreed that this will be done.
Chair Miggins asked that the Multnomah Bar be added to the IPR pamphlet distribution list. Director Stevens and Ms. Stewart agreed to look into this.
Chair Miggins will not be able to attend the next CRC meeting. He asked Vice Chair Bigham to chair the meeting.