02/14/2022 - Packet PSAB RECOMMENDATION FOR PSS AND OMBUDSMAN POSITIONS
Submitted:January 20, 2022
Synopsis:
At the January 10, 2022 Public Safety Advisory Board (PSAB) Meeting, a recommendation seeking the
endorsement of a Professional Standards Sergeant (PSS) was brought forward by Chief McAlpine.The
recommendation was not voted upon by PSAB members, but a request was made to offer a substitute
endorsement that included the establishment of an Ombudsman position,to work in concert with the
PSS. Such a position would be community-centered, and oriented toward ensuring that citywide activity
is viewed through social justice, equity,transparency and accountability lenses.
Primary Action/Recommendation -
1. Creation of a Professional Standards Sergeant (PSS) in the Tigard Police Department.
2. Request funding of the PSS position through City General Fund dollars in Fiscal Year 2021-2022,
at the rate of$174,000 inclusive of salary, benefits, related materials and supplies to support
the position.
3. Creation of an Ombudsman position, within the City of Tigard organizational structure, that
focuses its responsibilities utilizing a community-centered lens, on police management,
operations, and support services that impact the community-at-large,while ensuring that
communities of color are afforded equity,justice,transparency and accountability. Further,this
position would be responsible for reviewing city department practices, identifying and
eliminating institutional racism to ensure equity within all city operations and structures.
4. Request funding of the Ombudsman position through City General Fund dollars in Fiscal Year
2021-2022, at a rate to be determined, inclusive of salary, benefits, related materials and
resources to support the position. Request further this position cost be split across multiple city
departments to ensure the position is oriented throughout the organization.
Background Information: Professional Standards Sergeant
The Tigard Police Department (the Department) has recognized the need for an individual to serve in a
professional standards role since the loss of a core lieutenant position due to budget cuts.The
responsibilities for that position were placed under 3 lieutenants and 2 commanders.The professional
standards activity was placed entirely on the investigations/inspections lieutenant.The increased span
of control and responsibility became too much to execute properly and effectively, per Department
management.
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PSAB RECOMMENDATION FOR PSS AND OMBUDSMAN POSITIONS
Submitted:January 20, 2022
The Department has piloted, over the last eleven months, a Professional Standards Sergeant.The initial
vision for the position focused on a number of task responsibilities, including but not limited to:
Professional Standards Investigator, Force Response Incident Reviewer, Department Training
Coordinator, SRO Unit Supervisor, PSAB Coordinator/Liaison, PowerDMS Administrator, Department
Emergency Operations coordinator.The Department notes this position has become invaluable, even
though some of the activity has been ambitious.The position is touted as promoting transparency and
accountability, and those values are the cornerstone of the position.The Department further
acknowledges that community expectations assert that it continues to review and hold itself
accountable.
Addendum to Public Safety Advisory Board Recommendation (Proposed):
With the national outcry that has occurred since the George Floyd murder, as well as numerous other
incidents wherein Black men were killed at the hands of local police,the operations of Police
Departments have been under scrutiny. Investigations led by State Attorney Generals, federal Attorney
General's and the FBI, as well as local District Attorney's, community/citizen review boards, elected
officials, et al., have scoured the practices, policies, and organizational structures of local law
enforcement. Many of these investigations have concluded that there exists a need within law
enforcement for better training, focus on equity, social justice, community engagement,transparency,
improvements in resource designation, accountability and oversight of departments by vetted,
independent community-led groups.
It is in this vein that the City of Tigard, Mayor and City Council conducted numerous engagement
sessions with local community residents, businesses, and other interested parties to determine how this
city could meet the needs and address the questions and concerns posed by those interested in Public
Safety, as addressed by the Department.
On June 3, 2020,the mayor challenged the entire Tigard community to accomplish the following:
1. Identify and eliminate institutional racism to ensure equity within all city operations and
structures;
2. Eliminate institutional racism and ensure equity within the Tigard community;
3. Improve the lived experience of all persons of color in Tigard such that everyone enjoys the
same safety and privilege.
On September 1, 2020, the Tigard City Council adopted a resolution constituting the Tigard Public Safety
Advisory Board ("PSAB"). As part of that resolution,the Tigard City Council also adopted the "Board
Work Plan/Potential Topics for Board Consideration/City of Tigard Actions, one of which states the PSAB
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PSAB RECOMMENDATION FOR PSS AND OMBUDSMAN POSITIONS
Submitted:January 20, 2022
will discuss the role of: "[a] community police oversight or use of force review committee/chief's
advisory committee".
The PSAB believes that the implementation of a Professional Standards Sergeant position provides one
prong, of a two-pronged approach.This position, while focused on professional standards, excellence
and specific position duties, may increase the level of transparency, orient toward promoting racial
equity, and show greater accountability toward the community, but by design it is oriented toward
promotion of the internal mechanism of the Department.
The PSAB applauds the Tigard Police Department's efforts to implement greater transparency,
accountability, and racial equity. However, based on the lived experiences of several PSAB members and
other members of Tigard's diverse communities of color and faith,the PSAB recognizes that
recommending only the addition and funding of an internal position may not adequately address
community concerns over inappropriate pro-police biases and pressures that the new Professional
Standards Sergeant may encounter when investigating incidents involving alleged police misconduct and
racial bias.The September 1, 2020 resolution anticipates this concern with the language noted above.
The PSAB has been directed to consider whether a community police oversight or use of force review
committee are appropriate for Tigard.
The PSAB has considered this request.
The Ombudsman Position
The name "ombudsman" (om-budz-man) comes from Swedish and literally means "representative."At
the most fundamental level, an ombudsman is one who assists individuals and groups in the resolution
of conflicts or concerns.There are a number of different titles or names for this position: "ombudsman,"
"ombudsperson" or"ombuds" among others. (For the purpose of this document,the term
"ombudsman"will be used.) Ombudsmen work in all types of organizations, including government
agencies, colleges and universities, corporations, hospitals and other medical facilities, and news
organizations.
There are different types of ombudsmen with different roles,functional responsibilities, and standards
of practice including organizational ombudsman, classical ombudsman, and advocate ombudsman.
Classical Ombudsmen
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PSAB RECOMMENDATION FOR PSS AND OMBUDSMAN POSITIONS
Submitted:January 20, 2022
These Ombudsmen receive and investigate complaints and concerns regarding governmental policies
and processes. The authority and mandate of Classical Ombudsmen are typically provided by statutory
language.These Ombudsmen may be elected by constituents or appointed by a legislature or
organization to monitor citizens'treatment under the law. Classical Ombudsmen generally have
authority to conduct investigations and make recommendations for appropriate redress or policy
change.
Advocate Ombudsman
An Advocate Ombudsman may be located in either the public or private sector. He or she evaluates
claims objectively but is authorized or required to advocate on behalf of individuals or groups found to
be aggrieved. Advocate Ombudsmen are often found in organizations such as long-term care facilities or
agencies, and organizations that work with juvenile offenders.
Hybrid Ombudsmen
Hybrid Ombudsmen are usually established by policy or terms of reference by both private and public
sector organizations.They primarily use informal methods to resolve complaints but also have the
power to investigate and the authority to publish annual and special reports.
A Local Example
What is an Ombudsman's Office? The City of Portland Ombudsman's website states:
"The City of Portland created the Office of the Ombudsman to assist the public with complaints and
concerns about city agencies. The goals of the Ombudsman are to safeguard the rights of the people and
promote higher standards of competency, efficiency and justice in the provision of city services. We are a
part of the Office of the City Auditor, independent from the Mayor and City Council."
Since the inception of the PSAB, it has been tasked with reviewing public safety practices, seeking
community input in order to effect the values espoused by City Council, and ensuring the challenge
stated by the Mayor in June, 2020 was being addressed.
In making a recommendation for the establishment of a Professional Standards Sergeant and creation of
a companion Ombudsman position,the intent is to ensure that while an internal position within the
Department is logical and appropriate, it by design is centered on the internal mechanisms and actions
generated by Department staff. Coupling that position with an independent Ombudsman outside of the
Department itself, but within the city of Tigard administrative structure—accountable to the City Council
and Mayor—will foster increased public confidence in the Department, promote community-oriented
perceptions of accountability, transparency, and continue to move the focus toward equity and fairness
throughout the community.
Budgetary Requirements
Per the December 8, 2021 memorandum from Chief McAlpine,the annualized cost of the Professional
Standards Sergeant is in the neighborhood of$174,000.This includes wage and benefit costs. Current
funding has come through position cost savings, but this can not be maintained, and as such the
Department is anticipating that it will request an allocation of City General Fund dollars to fully fund this
position.A review of the Ombudsman Office in the City of Portland, budget for FY 2021-22, indicates an
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PSAB RECOMMENDATION FOR PSS AND OMBUDSMAN POSITIONS
Submitted:January 20, 2022
office budget of$584,000.There are three full-time employees. A cursory estimate indicates that a
single position would be in the neighborhood of$159,000, inclusive of salary and benefits.
The charge of the PSAB is to "review public safety practices, with similar community input and draft
frameworks anticipated for all other areas of city operations."This is the first step of an ongoing
conversation that addresses racial inequities in our community.The creation of an independent
Ombudsman to address racial inequities will be just one part of the City's Anti-Racism Action Plan.This is
consistent with the Tigard City Council's statement that it anticipates future committees or groups being
formed to address other issues of structural racism in our Community.
Given the charge by the mayor and City Council,the position of Ombudsman would be shared across the
organization.The cost of the position would then be shared across each city department, thereby
lowering the budget impact on any one department.
5
HB 4107-1
(LC 257)
2/11/22 (DJ/ps)
Requested by Representative SMITH WARNER
PROPOSED AMENDMENTS TO
HOUSE BILL 4107
I In line 2 of the printed bill, delete "prescribing an effective date" and
2 insert "declaring an emergency".
3 Delete lines 4 through 8 and insert:
4 "SECTION 1. (1) The Legislative Policy and Research Director shall
5 develop a pilot racial and ethnic impact statement template. The pilot
6 template shall set forth:
7 "(a) Standard questions to be considered in the preparation of a
s racial and ethnic impact statement for proposed legislation;
9 "(b) Sources of data to be considered in the preparation of a racial
io and ethnic impact statement for proposed legislation; and
II "(c) Sources of research to be considered in the preparation of a
12 racial and ethnic impact statement.
13 "(2) In preparing the pilot template, the director shall consider
14 models used in other states and in academic research for assessing the
15 racial and ethnic impacts of proposed legislation and other formal
16 actions undertaken by the institutions of national, state and local
17 governments and other entities in the United States, including educa-
is tional institutions.
19 "(3) The director shall confer with the chairs and vice-chairs of the
20 Senate and House Interim Committees on Rules and, based on that
21 conferral, select three Senate measures and three House measures
1 that were enacted during the 2021 regular session of the Legislative
2 Assembly as test measures on which to apply the pilot racial and
3 ethnic impact statement template.
4 "(4) Following selection of the measures described in subsection (3)
5 of this section, the director shall apply the pilot template to each of
6 the selected measures and prepare draft racial and ethnic impact
7 statements for each measure. The director shall present a preliminary
s report to the House Interim Committee on Rules on or before Sep-
9 tember 15, 2022, that reports on:
10 "(a) The pilot template methodology and review process;
11 "(b) The director's experience in preparing the six test impact
12 statements; and
13 "(c) The specific findings of the draft impact statements on the six
14 test measures.
15 "(5) Based on feedback provided by the House Interim Committee
16 on Rules, the director may modify the template and prepare final ra-
17 cial and ethnic impact statements on the six test measures. The di-
18 rector shall present the final impact statements and the final process
19 report summarizing the methodology for preparation and review of
20 impact statements to the Senate and House Interim Committees on
21 Rules and the policy committees that had heard the six test measures
22 during the 2021 regular session. The director shall present the state-
23 ments and final report to the committees on or before December 15,
24 2022.
25 "(6) Following the presentations described in subsection (5) of this
26 section and taking into account feedback provided therein, the direc-
27 for shall propose to the Legislative Policy and Research Committee a
28 policy that describes the objectives, content and form of a racial and
29 ethnic impact statement and the procedures to be followed in the
30 preparation of those statements. After conducting due deliberations in
HB 4107-1 2/11/22
Proposed Amendments to HB 4107 Page 2
1 which the committee may make modifications to the policy, the com-
e mittee shall adopt a policy on the preparation of racial and ethnic
3 impact statements. The policy shall include guidance on when a racial
4 and ethnic impact statement must be made publicly available relative
5 to the associated measure's location in the legislative process.
6 "SECTION 2. Section 3 of this 2022 Act becomes operative January
7 1, 2023.
s "SECTION 3. (1) The Legislative Policy and Research Director shall
9 prepare racial and ethnic impact statements for each odd-numbered
io year regular session for legislative measures that are in the possession
ii of the committees of the Senate and the House of Representatives that
12 have jurisdiction over the following subject areas:
13 "(a) Health care;
14 "(b) Education;
15 "(c) Revenue;
16 "(d) Human services; and
17 "(e) Administration of justice.
is "(2) Each racial and ethnic impact statement shall be prepared in
19 conformance with the policies of the Legislative Policy and Research
20 Committee on the preparation of racial and ethnic impact statements.
21 "(3) Each committee described in subsection (1) of this section must
22 request the preparation of racial and ethnic impact statements for at
23 least two but no more than five legislative measures in the possession
24 of the committee. A request for the preparation of a racial and ethnic
25 impact statement for a legislative measure may be made by:
26 "(a) The committee chair, following consultation with the commit-
27 tee vice-chair;
28 "(b) A majority vote of the committee requesting preparation of a
29 racial and ethnic impact statement; or
30 "(c) The Oregon Advocacy Commissions Office, following the
HB 4107-1 2/11/22
Proposed Amendments to HB 4107 Page 3
1 office's consultation with the committee.
2 "(4) A legislative measure that only directs that an agency, task
3 force or work group study and report on an issue, or that only creates
4 a task force or work group to study and report on an issue, is ineligible
5 for the creation of a racial or ethnic impact statement.
6 "(5) If the director receives more requests for the preparation of a
7 racial and ethnic impact statement than the maximum number al-
8 lowed, the director shall prepare racial and ethnic impact statements
9 based on the order of the requests made to the director until the
io maximum number of impact statements allowed under subsection (3)
ii of this section have been prepared.
12 "(6) The director shall prepare racial and ethnic impact statements
13 for legislative measures for which a racial and ethnic impact state-
14 ment has been properly requested. The impact statement shall be
15 made publicly available by the time prescribed in policies of the Leg-
16 islative Policy and Research Committee.
17 "SECTION 4. (1) The Legislative Policy and Research Director shall
is report to the House Interim Committee on Rules on the racial and
19 ethnic impact statement process as used for the 2023 regular session
20 of the Legislative Assembly. The director shall make the report on or
21 before September 15, 2023. The director may offer suggestions to im-
22 prove the process of researching and preparing statements.
23 "(2) In addition to considering the director's report made under
24 subsection (1) of this section, the committee shall consider application
25 of the racial and ethnic impact statement process to:
26 "(a) Additional policy areas;
27 "(b) Even-numbered year regular sessions;
28 "(c) Special sessions; and
29 "(d) Meetings of the Emergency Board.
30 "(3) The committee may introduce proposed legislation to address
HB 4107-1 2/11/22
Proposed Amendments to HB 4107 Page 4
1 matters described in this section in the 2024 regular session or in later
2 sessions.
s "SECTION 5. This 2022 Act being necessary for the immediate
4 preservation of the public peace, health and safety, an emergency is
5 declared to exist, and this 2022 Act takes effect on its passage.".
6
HB 4107-1 2/11/22
Proposed Amendments to HB 4107 Page 5