Police Internal Investigations Auditing Committee
September 14, 2000
Approved: November 9, 2000
Citizen Advisors Present: Charles Ford, Presiding; Denise Stone (Vice
Chair); Robert Ueland; Ric Alexander; Shirlie Karl; Tou Cha; Les Frank; Leora
Mahoney; Jose Martinez
Citizen Advisors Absent: Dapo Sobomehin; Gene Bales; Kitsy Brown
Mahoney; Robert Wells
City Staff Present: Capt. Bret Smith, Sgt. Suzanne Whisler, Sgt. Steve
Bottcher, IAD Sgt. Jay Drum, IAD; Sgt. Jerry Jones, IAD; Michael Hess, PIIAC
Examiner; City Attorney staff.
Media Present: Dan Handelman (Flying Focus Video)
This meeting was held in the Rose Room of the Portland City Hall.
Mr. Ford opened the meeting at 6:30 p.m. PIIAC Citizen Advisors and City
Staff and members of the public introduced themselves.
PIIAC #00-15 (IAD #98-054)
The Appellant was present with her attorneys. PIIAC Examiner Michael H. Hess,
DDS, presented this case, involving circumstances surrounding a traffic stop on
2/26/98. Appellant alleged that a Portland Police officer used excessive force
in removing her from the van and arresting her when she failed to produce her
driver’s license and proof of insurance after being ordered to do so by the
The Appellant’s attorney, Mr. David Park, presented on behalf of the
Appellant. Mr. Park asserted that the IAD investigation was inadequate for
several reasons, including the following: that the Appellant was not informed
that her intake interview over the phone was the official IAD interview; that
the IAD interview with the Appellant was over the phone and the officer’s
interview was face to face; and that the IAD investigator did not examine the
Appellant’s vehicle to verify the accuracy of the officer’s police report and
testimony; and that the investigation took more than two years to complete; that
the IAD investigator did not take into consideration that the witness in the car
with the appellant at the time of the incident was physically and mentally
impaired. Mr. Park also asserted that the traffic stop was based on racial
profiling, although this was not an allegation that had been made by the
Advisor Mahoney withdrew herself from this case when the Appellant’s attorney
inadvertently mentioned the name of the officer after being advised not to do
Based on his examination of the IAD files, Dr. Hess recommended to the PIIAC
advisors that they affirm the Police Bureau’s finding of "unfounded" regarding
excessive use of force. Mr. Ueland so moved, but no other advisor seconded the
motion. Ms. Stone then made a motion to advise changing the finding to
Insufficient Evidence, and this motion was seconded by Ms. Karl. The motion
passed by a vote of 2 to 1, with 5 abstentions.
Yes votes: Stone, Karl
No vote: Ueland
Abstentions: Ford, Alexander, Tou Cha, Martinez, Frank.
Dr. Hess informed the Appellant and her attorneys that he would make
arrangements to schedule the Appellant to appear before the City Council.
PIIAC #00-16 (IAD #00-141)
The Appellant was present. PIIAC Examiner Michael Hess presented the case for
Advisor Wells. The Appellant alleged that Portland Police officers had sprayed
him in the face with pepper spray without provocation and refused to wash the
spray from his face; that the officers added charges of Resisting Arrest and
Offensive Physical Contact to the Disorderly Conduct charge for which they
originally arrested him. The Appellant further alleged that the officers
involved in his arrest had a "personal vendetta" against him.
The PIIAC advisors, after listening to the Appellant’s verbal allegations,
voted unanimously to uphold the Internal Affairs Division’s declination of this
Yes = 8.
Dr. Hess informed the Appellant that he had the right to appeal the Advisors’
decision to the full PIIAC (City Council). The Appellant submitted a written
request to do so.
The Advisors voted unanimously to return the case to IAD for further
investigation of the property allegation regarding the lock pick and for the IAD
to provide a written explanation of the time gaps and delay in the
Advisor Brown-Mahoney stated on record that she would like the Police Bureau
to write a letter of apology to the Appellant and his son.
Chairman Ford announced that the next meeting of the PIIAC advisory committee
would be held on October 12 at 6:30 p.m. in the Rose Room of the Portland City
Captain Smith announced that the Portland Police Citizens Academy was
scheduleed to begin within the next two weeks and that any Advisors interested
in attending should turn in an application as soon as possible.
Dan Handelman suggested that there should be a prepared form for Appellants
to submit if they want to appeal a decision to the City Council.
The meeting was adjourned at approximately 9:00 p.m.
Respectfully submitted by
Michael H. Hess, D.D.S.