DOJ's website with documents on Settlement Agreement
Attend the next Fairness hearing on
Read the proposed amendments to Section VIII (Accountability).
Attend the next status conference on Attend the next status conference on Attend the next status conference on
Attend the next status conference on
Attend the Fairness hearing on
Background: In early 2021, the US DOJ found the city out of compliance with
The April 29 Fairness hearing is an opportunity for the community to tell
NOTE: To enter the courthouse you must show proof of vaccination, wear a mask, Attend the status conference on the US Dept of Justice Settlement FAIRNESS HEARING/STATUS CONFERENCE:
After the City dropped its appeal in December, Judge Simon set the date
The proposed schedule includes introductory remarks by the Court and
four Parties to the suit, followed by public testimony at the Fairness
Hearing lasting until a 1 PM lunch break. In the afternoon
the parties and the Compliance Officer
will present to the judge about the status of reforms and the proposed
amendments.
It will be in Judge Simon's Courtroom at the Federal Courthouse, 1000 SW
3rd at Salmon St. Remember they have airport-like security where you
have to show ID and go through metal detectors, so arrive early.
Important documents:
THE AMAC WELCOMES DOJ ASSESSMENT OF CITY COMPLIANCE WITH POLICE REFORM AGREEMENT
The Albina Ministerial Alliance Coalition for Justice and Police Reform ("AMAC") welcomes the US Department of Justice's Compliance Assessment ("Assessment")
The AMAC's primary concerns about the City's compliance, addressed by the DOJ's Assessment, relate to officer accountability and community engagement.
Foremost, as the DOJ notes, the City has not yet acted on the "48 hour rule" -- a provision in the Portland Police Association's Collective Bargaining Agreement that provides for 48-hour advance notice before an officer is interviewed in an investigation that could lead to disciplinary action. As the City has been told time and time again, this practice departs from national policing best practices by not requiring statements from officers in a timely fashion. The DOJ has found the City has not fully complied on this issue, and the AMAC urges the City to take timely and effective action.
The DOJ's Assessment notes the City's shortcomings in several other areas required by the Settlement Agreement. First, although officers are required to report other officers' constitutionally questionable uses of force, the recent case involving the tasering and beating of teenager Thai Gurule demonstrates that this did not happen. The community awaits accountability regarding that case, specifically whether any officers will be held accountable for their conduct -- a Multnomah County Circuit Court judge found the involved officers had unlawfully stopped the teen and were not credible in describing the incident. Second, the AMAC agrees with the DOJ's critique of the IPR system, which noted that the PPB's multi-track system adds to the byzantine structure of administrative investigations. The AMAC has been long advocating what the DOJ's candid assessment states: that as part of a global assessment of administrative investigations, the City must simplify its system. In so doing, the City should refer to the numerous existing reports and recommendations for reform of this system, including the 2010 Police Oversight Stakeholder Committee Report. Third, the AMAC shares concerns highlighted by the DOJ Assessment about the City's failure to investigate allegations of intimidation against the PPA President, and the City's removal of the disciplinary history for Capt. Mark Kroeger. The former was not investigated because of a "special relationship," and the latter was done despite the fact, as the DOJ put it, that "nowhere ... is there a means to erase past sustained findings from an officer's record."
Likewise, the AMAC urges the City to not only strongly heed the DOJ's recommendation that the City use community members with lived experience of mental health issues in actual training, but also to add community members in other aspects of training. Furthermore, the DOJ highlighted many ways in which the Bureau treats deadly force incidents differently from other force incidents, including allowing officers not to fully fill out paperwork otherwise mandated. The AMAC suggests ensuring deadly force cases be treated the same way, including removing the provision in the PPA contract that limits independent civilian oversight investigations into such incidents. In terms of community outreach, the AMAC has suggested the City publish information about its meetings related to implementation of the Settlement Agreement in the more diverse media and publications, to strengthen outreach and community participation.
"The City has made progress, but the community needs to see more on some key issues of accountability and oversight. We strongly support the DOJ's Assessment, and hope the City takes the opportunity to improve in these areas, moving towards substantial compliance with all the reforms set forth in the Agreement," says Dr. T. Allen Bethel, co-chair of the Albina Ministerial Alliance Coalition for Justice and Police Reform.
# # #
Take Action! March 2015->July 30, 2015: Ask City Council to Sign the petition online or download a hard copy you can sign and get others to sign. More info here. The AMA Coalition put out a statement on August 29, 2014 supporting Judge Michael Simon's ruling on the DOJ Agreement.
Read the ruling here: http://www.portlandmercury.com/images/blogimages/2014/08/29/1409339761-doc_86_order.pdf
Read the Coalition's statement on the AMAC's Press Releases page.
Read the brief.
City's website with information on Settlement Agreement
Settlement Agreement as modified November 2023
April 2022 verison of Settlement Agreement
Judge's order approving amendments, conditionally approving PCCEP April 2018
Portland Committee for Community Engaged Policing (PCCEP) guidelines Sept. 2018
the US Dept of Justice Settlement Agreement
focused on the new civilian-run accountability system!
Thursday, August 29, 2024 at 9:00 AM
"Listen only" number 1-571-353-2301 (toll-free 1-833-990-9400);
Conference ID: 270954362#; Access Code: 2022#.
Deadline to submit written comments and to sign up to speak
(in person or virtually) is Monday, August 26. Contact
Mary Austad <Mary_Austad@ord.uscourts.gov>
Wednesday, May 15, 2024, 9:00 AM
at the Federal Courthouse, 1000 SW 3rd
and by virtual attendance
Deadline to submit written comments is Friday, May 10.
"listen only" number is 1-888-684-8852, access code 8190761.
Monday, August 14, 2023, 9:00 AM
at the Federal Courthouse, 1000 SW 3rd
Wednesday, November 9, 2022, 9:00 AM
at the Federal Courthouse, 1000 SW 3rd
and go through airport-like security. Check back here for COVID protocols.
Anyone who would like to submit written comments, provide oral commentary, or
appear by videoconference/phone should make their requests or submissions
by email to Mary Austad (Mary_austad@ord.uscourts.gov),
by 5:00 p.m. on Friday, November 4, 2022.
For remote participation, the listen-only number is 1-888-684-8852, access code
8190761.
Read the Department of Justice's Status Report
Wednesday, July 27, 2022, 9:00 AM
at the Federal Courthouse, 1000 SW 3rd
and go through airport-like security.
For remote participation, there will be a listen only number: 1-888-684-8852 Access code 8190761.
Read the Department of Justice's Status Report
amendments to the US Dept of Justice Settlement
Friday, April 29, 2022, 9:00 AM
at the Federal Courthouse, 1000 SW 3rd
and by virtual attendance: to listen to proceedings,
the toll-free number is 1-888-684-8852, access code 8190761
the terms of the settlement agreement, particularly around use of force at
the 2020 racial justice protests, including reporting, training, and accountability.
Find the DOJ's letter here.
In early 2022, the DOJ and City agreed on nine proposed remedies including
the implementation of body worn cameras. Council accepted those remedies in February.
Judge Michael Simon whether the remedies are "fair, adequate and reasonable"
to fix the problems that the DOJ found.
show photo ID and go through a metal detector.
Tuesday, November 9, 2021, 9:00 AM
at the Federal Courthouse, 1000 SW 3rd
and by virtual attendance (details to follow)
Thursday, April 19, 2018, 9 AM
for the annual Status Conference on the US DOJ Settlement Agreement,
which will include a Fairness Hearing for the community.
NOTE: Time was moved to 9 AM on Thurdsay, April 19. (as of 4/5/18!)
page 45/paragraph 121, page 48/paragraph 131d, pp. 50-69/Section IX,
pp. 72-74/paragraphs 159-161)
(Note, these were amended in September 2018)
Check back here for more information!
Rescind Their Appeal of the Judge's Order
The AMA Coalition put out a statement on May 30, 2014 condemning the City of Portland for refusing to agree to annual hearings with Judge Simon on the US Dept of Justice Agreement.
Read the statement on the AMAC's Press Releases page.
Back to topIMPORTANT UPDATE on DOJ FAIRNESS HEARING: FEBRUARY 20 2014:
During the Fairness hearing on Feb. 18-19, Judge Simon invited the public to continue submitting testimony on the Settlement Agreement between the DOJ and the City of Portland up until the end of the business day on Wednesday, February 26 (presumably 4:30 PM).
You can use the forms below and/or send your testimony to the court clerk
Mary Austad <mary_austad@ord.uscourts.gov>;
use the case number US v City of Portland 3:12-CV-02265-SI.
The timeline after that is:
Friday, Feb. 28: Judge Simon will pose questions to the parties based on the testimony.
Monday, Mar. 3: The court will release the transcript of the Fairness Hearing.
Tuesday, Mar. 11: The parties have to submit written response to testimony, which
the judge strongly hinted could include amendments (though the parties other than
AMA Coalition expresssed reluctance to do so).
Monday, Mar. 24, 9 AM: The judge will rule on whether to accept or reject the Agreement.
FAIRNESS HEARING INFORMATION/BACKGROUND (for Feb. 18 2014)
On December 19, 2013 the City of Portland, the Portland Police Association (PPA), the US Department of Justice (DOJ) and the Albina Ministerial Alliance (AMA) Coalition for Justice and Police Reform agreed to move forward with the process of settling the lawsuit filed by the DOJ. A Settlement Agreement regarding changes to the Portland Police Bureau (PPB), adopted by Council in November 2012, includes many positive changes that will address some of the issues discovered in the DOJ's pattern and practice investigation, which found the PPB uses excessive force especially when dealing with people who have or appear to have mental illness.
The AMA Coalition was granted "enhanced amicus" (friend of the court) status to the DOJ's lawsuit against the City that led to the settlement Agreement. While this has given the AMA Coalition historic access to the process of federal oversight of local law enforcement, the community needs to speak out at a "Fairness Hearing" on Tuesday, February 18, 2014 at 9 AM, 1000 SW 3rd, to strengthen the DOJ Agreement.
Documents about the agreement:
* The Settlement Agreement (original 2012 version)
(see above for 2018 amended version)
* City's budget for implementing the Agreement
* AMA Coalition Fact Sheet on Fairness Hearing
It is clear that the DOJ Agreement has the potential to lower the amounts of police violence in Portland and increase accountability, but ensuring these changes requires more strength be put into the Agreement in some places, and modifications to those parts of the Agreement that will hold back police improvements until 2017 if not fixed.
Federal Judge Michael Simon set the February 18 "Fairness Hearing" to allow the community to weigh in on whether the Agreement is "fair, adequate and reasonable." The judge made it clear he will allow testimony in writing or by video (which can be submitted in advance) in addition to in-person presentations in the courthouse (for which members of the public are requested, but not required, to pre-register). Organizations will have up to 30 minutes (up to 3 representatives who can speak 10 minutes each maximum), individuals will have 5 minutes. If you want help formulating your testimony or want to have your testimony taped and sent to the court, please contact the AMA Coalition.
Albina Ministerial Alliance Coalition for Justice and Police Reform
c/o Allen Temple
4236 NE 8th Ave
Portland, OR 97211
503-287-0261
COMMUNITY FORUMS TO PREPARE FOR THE FAIRNESS HEARING
The AMA Coalition is planning a series of community forums to explain the DOJ Settlement Agreement and the purpose of the Fairness Hearing to the community, at which people will also be encouraged to write their testimony and/or record video to send to Judge Simon. The current dates and locations for these forums are:
Saturday, January 25 � 12 Noon-2:00 PM � Maranatha Church � 4222 NE 12th Ave
Tuesday, January 28 � 6:30 PM-8:30 PM � First Unitarian Church � 1011 SW 12th Ave
CANCELLED: (due to snow)
Saturday, February 8 � St Johns Community Center � 8427 N Central St
Thursday, February 13 � 6:00 PM-8:00 PM � Rosewood Community Center � 16126 SE Stark St
(information updated February 20, 2014)
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