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Authorize City Attorney to seek clarification tegarding Order entered in United States of
America v. City of Fortland concerning the U.S. Depaftment of Justice Settlement Agreement
and the Porlland Police Bureau (Resolution)
WHEREAS, The City Council is entrusted by the eommunity with responsibility for properly
managing the City's police bureau; and
WHEREAS, The United States Department of Justice Civil Rights Division and the United
State Attomey for Oregon (USDOJ) work to ensure that local police depafiments have
constitutional policing practices; and
WHEREAS, The City and USDOJ entered into a Settlement Agreement to safeguard the
constitutional rights of persons who contact police officerc during a mental health crisis; and
WI-IEREAS, Community trust in policing in Portland depends on the City's elected offcials
demonstrating that they are committed to the values embodied in the Agreement and are capable
of fully implementing it; and
V/HEREAS, Having the City's elected officials directly responsible for oversight of the
Agreement ensures that the public knows who is responsible and accountable for managing the
police bureau in confbrmance with the community's values; and
WHEREAS, In December 2012, the City and USDOJ submitted the Settlement Agreement for
the Courl's approval as well as a stipulated order dismissing the case; and
WHEREAS, The Settlement Agreernent is a legally enforceable contract between the City and
the United States; and
WHEREAS, The stipulated order entering the Agreement contained a customary condition
asking the court to act as the
judge
in any future contract disputes between the parties but
otherwise did not request court involvement; and
WHEllllAS, On August 28,2014 the District Court approved the Settleinent Agreement as
"fair, reasonable, and adequate," dismissed the case, but also entered an Order imposing
additional conditions which the City had not reviewed or accepted; and
WIfEREAS, One of the conditions in the Order is a rcquirement that the City, the Compliance
Officer and Community Liaison (COCL), and additional pafiies, appear at hearings whenever
called by the Court and produce any evidence directed by the Court; and
V/HEREAS, The City seeks clarification on the authorized frequency, scope, procedure, and
evidentiary burdens the eourl can imposo in these hearings; and
WI{REAS, The legal procedure for seeking clarification is through an appeal, writ of
mandamus, or writ of prohibition; and
\JVIIEI{AS,
'he
City is not challenging the teffirs ol'tlie Settlcment Agreement; anel
WHEREAS, T'he City will comply with all eourt orders pending appeal; and
V/I-IEI.EAS, Thr: City is not asking to stay implementation of the Settlement
Agreement or the Order; and
V/HIII{EAS, The City and its police bureau have been implementing the reforms in the
Settlement Agreement for several years at the same time as the City fought for the coufi's
approval of the Settlornent Agreement; and
WHtrREAS, It has been and will remain the policy of the City to vigorously implement
and adhere to the eforms of the Settlement Agreement regardless of any courl
proceedings related to it; and
NOW, THEREFOI-E, EE I'I ITESOLVED, the City Attorney or her designee is
authorized to file an appeal,rnandamus, or writ of prohibition of the August 28,2014
order in United States of Amerc v, City of Portland, United States District Court No.
3:12-cv-02265-SI, and to pul'sue it to its conclusion in any higher court, and, in
fi.n'therance of such appeal, mandamus, or writ is authorized to make any stipulation,
agreement or admission as in her judgment
may be in the best interesl of the City.
Adopted by the Council:
Mayor l-Iales; and
Commi ssioner Amand a F ritz
Prepared by: Ellen Osoinach
Date Frepared: October 6,2014
X-aVonne Gniffin-Valade
Auditor of the City of Fortland
By
Deputy
Page2 of 4
Fortland, Oregon
F f NANC {A f- {&/T PA CT' a n ci FUI} Lf C f NV0{-VE lvf E NT' S T,ATE Vf NT'
For Council Action Items
(l)clivcl oliginal to l'inancial Plar lvcl'oft rrl 1o l'lnii)clal l'lailrill l)lvlsror. l<(jtaill
I . Name of Initiator
Flllen Osoinach
2. Telephone No
3-4041
3. Bureau/Office/Dept.
City Attorney
4a. To be filed (hearing date): 4b. Calendar (Checl< One)
Regular Consent 4/5ths
I T X
5. Date Submitted to
Courmissioner's office
and IPD Iludget Analyst:
October 16,2014
6a. Financial Impact Section:
f
Financial impacf section completed
6b. Public lnvolvement Section:
X
pubtlc
involvemeut section completed
1) Legislation Title: Authorize City Attorney to seek clarilcation regarding Older erfered in
United States o.f America v. City rl' Port,land (Iesolution).
2) Purpose of the Proposed Legislation: Allow City Attorney to use legal procedure of appeal,
mandatnus, or writ of plohibition to clarify the authorized fiequency, scope, plocedure, and
evidentiary burdens lor the periodic hearings ordeled in this case.
3) Which area(s) of the city are affected by this Council item? (Check all that apply-areas
are based on formal neighborhood coalition boundaries)?
ffi
City-wide/Ilegional
I
Northeast
I
Northwest
I
North
I
Central Northeast
E Southeast
I
Southwest
I
East
ffi
Central City
F'TNAF{CIAT, N,{T'ACT
4) Iteycnue:
rl/ill
this legislation generrte or reducc current or f'uture revenuc coming to
the Cify? If so, by how much? trf so, pleasc identify the source"
'llhis
Resolution will not produce <lr reduce revenue.
5)
Xpq$:
Whnt rre the costs to the City rs a result of'fhis legislation? What is the sout"ce
of funtlingf'orthe expcnse? (Please incLttde coss inthe cnrren,t.fiscalyear aswell a'^ costri in
.future
yeers. I/'the uction i,s related l.o n grctnl rr crnlrct
tlectse
include he loccil contribuli.on
or mcttch required. Il'there is a projecl estinrctle, plecrse idenfi/y the level oJ'confidence.)
'I'his
Icsolution will not procluce or rccluce rovenue.
Var,ittt updufed s of llay 19, 201 I
6
) $-ta{Tn e I3"-{ uir-e,}e
-t
;
'
Will any positions be crcated, climinated or re-classifTecl in thc currcnt year as a
rcsult of this legislation'! (I.f'neu,
tosilions
are crectted
tlease
inclucle whelher rh.ey will
be part-tinte,./ull-time, lintited lernt, {tr permanenl posilions. I/'lhe posilion is limiled
term please indicate the end
'the
turm.)
No
*
Will positions be created or eliminated infuture yers as a result of this legislation?
No
(Complete the
following
section ontry if n umendntent to tlte bwlget is proposed.)
7) Chanse in Appropriations (If'the acconxpnying ordinanc'e atnends lhc budget please reflecl,
the dollar amount to be appropriated by lhis legislaton. Include lhe approprial.e ctsl. elentents
thal are lo be loaded by accounting. Indicctte "new" in lrund Center coluntn,
d'new
cen,ler needs
to be crealed. Use additional space if'needed.)
[Froceed
to Fullic Involvcment Section
-
I{EQUIIIEI} as of July 1, 201 tr
|
Funcl Fund
Center
Commitlnent
Item
Functional
Arca
Funded
Prosram
Grant Sronsorecl
Prosram
Amount
Varsiott ttpilntad us of Moy 19,201I
I]UBX"{ INYQ.{,YEMNN
E) Was public involvement included ir the rleveloprnent of this Courcil itern (e.g.
ordinallce, resolution, or repo!:f)? Pease check the appropniatc box below:
I
YES: Please proceed to
Question
#9.
f
l{O: Please, explain why below; and proceed to
Question
#10.
The City received extensive public input regarding the telms ol'the Settlement Agleement and
has continued to involve the public in the Agreement's implementation. Tliis Resolution rclates
to a narrow legal issue.
9) If
"YES,"
please answer the following qucstions:
a) What impacts nre anticipated in the community from this
rroposcd
Council
item?
b) Which community and business groups, under-rcprescnted groups,
organizations, external government entities, zrnd other intcrcsted parties were
involvecl in this effort, and when and how were they involved?
c) How did public involvemcnt shape the outcome of this Council item?
d) Who dcsigned and implemented the public involvement related to this Council
item?
e) Primary contact for more information on this public involvement process (name,
title, phone, email):
10) Is any futurc public involvernent nnticipatcd or necessry for this Council itcm? Plerse
describe why or why not"
No luture public involvement is anticipated.
APPIOPRIA'|ION LJNI'f lll,r\D (l-yped name and signature)
l/ersittt updated as of Mrry I9, 201 I