Portland police officers who use deadly force will now have to speak with police internal affairs investigators within 48 hours of the incident.
The Portland City Council unanimously approved that rule Wednesday. It will take effect immediately.
The change from current practice, opposed by Multnomah County District Attorney Rod Underhill, was championed by Mayor Ted Wheeler and Commissioner Nick Fish. Underhill said compelling statements before a criminal investigation could violate officers’ due process rights, making them immune from prosecution.
The council also unanimously decided to create a new commission on “community-engaged policing” as a means for the public to engage in bureau policies. That is intended in part to comply with a federal mandate for community engagement in the city’s settlement with the U.S. Department of Justice.
Revs. LeRoy Haynes Jr. and T. Allen Bethel, co-chairs of The Albina Ministerial Alliance’s Coalition for Justice and Police Reform, were among more than a dozen who testified in favor of the reforms Thursday.
“We have reached a crossroad in the struggle to bring 21st century community policing to the city of Portland, and to address both the failures and the costly mistakes of the past,” Haynes said.
The 48-hour rule applies to most officers. Only those who are physically incapacitated or unable to speak with investigators will be excused. The council removed a loophole from the original proposal that would have allowed the police chief and police commissioner to delay the interview.
The revisions came after the mayor and city commissioners heard testimony from the public at two hearings in the last several weeks.
“I want you to know I heard you,” Wheeler said Thursday. “I appreciate the testimony that was provided here.”
The council directed the city attorney to seek a court review of the policy.
In July, Underhill advised that the police bureau can’t compel officers involved in fatal shootings to speak until a criminal inquiry is done.
Retired chief deputy district attorney Norm Frink this week told The Oregonian/OregonLive that he found Underhill’s concerns “reasonable” but supports the city’s decision to compel statements soon after deadly incidents. He urged city officials to consult with U.S. Department of Justice lawyers and Underhill’s office to iron out the details of the policy.
The rule change came two weeks after Wheeler hired Danielle Outlaw to replace former Portland Police Chief Mike Marshman, making Outlaw the first African-American woman to hold the position.
“Let us begin anew with the coming of a new chief that embraced 21st century community policing and creating a new model not only for Portland but for the nation that will build respect and build trust and build accountability and justice to all the citizens of Portland as well as those who serve on the Portland Police Bureau,” Haynes said Thursday.
Before voting in favor of the community engagement group on policing, Fish commended the mayor’s leadership. He recalled Wheeler asking the public early in his term to judge him based on the progress he makes on police reform and accountability.
The mayor, Fish said, proposed an idea that got mixed reviews and a lot of pushback, but he incorporated that feedback into the final policy.
Fish also complimented the mayor for getting consensus on the “very independently minded” council on the third or fourth major issue in the last month.
“It’s a mark of a different kind of leadership that you can bring the whole council along,” Fish said. “To me, that’s the hallmark of a good leader.”
Wheeler also thanked his colleagues.
“This finishes the easy part,” Wheeler said. “Now the hard work begins.”
