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Amanda Marshall, the U.S. Attorney for Oregon, speaks at a press conference in 2012 announcing a settlement between the U.S. Justice Department and city of Portland on use of force by police.
(Thomas Boyd/The Oregonian)
City Auditor Mary Hull Caballero recently reached out to Mayor Charlie Hales seeking backup.
In a memo, she recounted a few instances in which Portland Police - including its former chief -- appeared to be undermining or harassing investigators with the Independent Police Review, the division in her office that investigates police misconduct complaints by citizens. She asked for help in setting boundaries for police officers' behavior to ensure that her investigators can do their job, according to a story by The Oregonian/OregonLive's Brad Schmidt and Maxine Bernstein.
"The Auditor's Office is not the only responsible party for the City's civilian oversight system," she wrote. "You share in the obligation to create an environment in which Independent Police Review staff can conduct impartial investigations."
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You could almost see Hales dismissively wave aside her concerns in his written response back.
"There is little we can do about 2013 actions taken by former City employees," he intoned in his memo, referring to allegations that former Chief Mike Reese may have leaked confidential information to his command staff about an IPR applicant who was later hired as an investigator. Rather than take the opportunity to declare his commitment to a culture of ethical behavior, he offered watery assurances that the new chief, Larry O'Dea, will be careful about confidential information. The rest of his memo similarly reflects a sense of detachment and lack of interest in standing up for the success and independence of the division.
Hales' curt response should concern anyone who cares about the city's supervision of police. It confirms yet again why a federal judge should monitor the city's progress in fulfilling the terms of its settlement with federal justice officials over how police respond to those in mental crisis.
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Hales has been advised not to comment on issues related to a grievance filed by Portland Police Association President Daryl Turner against an IPR investigator, said Hales' spokesman Dana Haynes. The complaint, which Hull Caballero mentions in her letter as an example of police harassment, is still under investigation by the city's human resources department. Speaking out about the grievance could lead to another grievance, Haynes said.
But Hales' letter reflects an out-of-sight, out-of-mind mentality shown by city leaders and the police time and time again.
Consider that just five months ago, the city council adopted a resolution to legally challenge U.S. District Judge Michael Simon's authority to require periodic updates from the city on its progress in adopting training, policy and other reforms mandated by its settlement with the U.S. Justice Department. The settlement, approved last summer by Simon, resolves a lawsuit filed against the city after civil rights investigators found the Portland Police had a "pattern or practice" of using excessive force against people experiencing a mental crisis.
The city couched the move as seeking to "clarify" the scope of Simon's authority, saying in its resolution that the public should look to city leaders as "responsible and accountable for managing the police bureau in conformance with the community's values." The dispute is currently in mediation.
But that message doesn't come through in Hales' memo, which was sent to 10 city and federal officials. Instead, the mayor missed an opportunity to reinforce the city's commitment to responsibility and accountability.
And consider the city auditor's recent report on Portland Police training. The report concludes that training initiatives fall by the wayside in as little as one or two years after being adopted. One example: After Officer Dane Reister mistakenly loaded a beanbag shotgun with live ammunition and seriously injured a man in 2011, the police bureau adopted new policies regarding storing of ammunition and held special training for officers who use beanbag shotguns. But the bureau has not released any more training documents, lesson plans or reminders related to the issue since 2012.
If that incident was not enough to embarrass the agency into keeping on top of its training commitments beyond one year what will? When are lessons learned truly learned?
In all fairness, the city is devoting a good amount of attention and resources to the DOJ settlement so far. Portland Police has tasked Capt. Michael Marshman with the monster responsibility of making sure dozens of action items identified in the settlement are fulfilled. The city also has hired a Chicago-based consultant to oversee the reforms as the city's compliance officer. And 20 people were recently tapped to serve on the city's new Community Oversight Advisory Board and work with the compliance officer.
But there is no reason that the city can't continue these efforts and still report to court as directed by Judge Simon. The added layer of accountability and urgency could help ensure that these police reform efforts don't fall by the wayside as city priorities - and leaders -- shift over time.
-- The Oregonian/OregonLive editorial board