01/24/2022 - 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
2
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
3
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
ARTICLE 27-DISCIPLINE AND DISCHARGE
27.1 Definition
Disciplinary action or measures for violations of rules or regulations shall include only the
following: written reprimand, demotion, suspension,reduction in pay, other monetary assessment or
discharge. Notice of suspension or discharge will be given in writing. Employees are subject to
discipline or discharge for just cause. The parties agree that oral reprimands are not considered
discipline.
27.2 Process
If the City has reason to discipline an employee,the employee shall have the right to be
represented by an Association representative during such procedure. If the City has reason to
discipline an employee, it will take all reasonable measures to assure against embarrassment of the
employee before other employees or the public.
27.3 Association Representation
In the event of any interview which may reasonably lead to disciplinary action,the affected
employee shall have the right to be assisted by an Association representative during such procedures.
The parties mutually agree to the"Disciplinary Investigation Procedures" attached hereto as
Addendum B and incorporated herein.
ADDENDUM B -DISCIPLINARY INVESTIGATION PROCEDURES
A. Advance Notice
Prior to any disciplinary investigation which could result in suspension or discharge,the
employee concerned shall be notified not less than twenty-four(24)hours before the interview or
such time as written reports are required, except when, in the opinion of the City, a delay will
jeopardize the success of the investigation or when criminal conduct is at issue. If the employee is
advised in writing that the interview will not be used against them for disciplinary purposes,then the
24-hour notice will not be required. An employee may voluntarily waive the above twenty-four-hour
(24-hour)notice. The notice shall include the specific reasons for the interview, a statement of
whether the employee is a witness or a suspect, and any other information necessary to reasonably
inform them of the nature of the investigation. The employee shall be notified of the right to and
afforded an opportunity and facilities, subject only to scheduling limitation,to contact and consult
privately with an attorney and/or a representative of the Association, and to have that representative
and/or attorney present at any interview. The Association Representative representing the employee
during the investigation may not be required to disclose, or be subject to disciplinary action for
refusing to disclose, statements made by the Employee to the Representative for purposes of the
representation. The Association will designate the Association Representative who will be
representing the employee in the investigation and will notify the City of the designation. If there is a
need for more than one Representative to be designated,the Association will explain the reason for
the additional Representative(s)to the City. The parties agree that the Association may not designate
a witness in the investigation as the Association Representative.
B. The Interview
1. Interview shall be conducted in the Department Office unless mutual agreement of the parties
or the particular circumstances of the situation require another location.
2. Any interview of an employee normally shall be when they are on duty,unless the serious
nature of the investigation dictates otherwise.
3. Parties to the interview shall be limited to those reasonably necessary to conduct a thorough
and fair investigation. The employee shall be informed as to the name, rank and command, or
other similar information of all persons present, if they are unknown to them, and may have
an Association or other representative present to witness the interview and assist them.
4. The interview shall be limited in scope to acts, events, circumstances and conduct which
pertain to the subject investigation and shall be conducted in a manner devoid of intimidation
or coercion. The employee shall be granted reasonable rest periods,with one (1) intermission
every hour if so requested. Interviews exceeding two (2)hours shall he continued only by
mutual consent.
5. The interview shall be recorded, and the employee shall be provided with a copy of the
recording at the conclusion of the interview, or as soon as practicable thereafter, or they may
record the interview at their own expense, and the City shall be provided with a copy. If any
portion of the recording is transcribed,the employee shall be given a copy. Interview
proceedings shall be kept strictly confidential by all concerned.
C. Investigation Findings:
1. When the investigation results in sustained charges of violation of department policy, the
employee and the Association,upon request, shall be given a copy of the investigation,
including all material facts of the matter. If available, such information will be provided in an
electronic format(i.e. PDF or other protected format).
2. When the investigation results in discharge or suspension,the employee shall be notified
immediately of the nature of the action to be taken,the reasons therefore, and the effective
date of such action. Copies of the notice and summary report of the investigation shall be
placed in the employee's personnel file and made available for their inspection.
3. An employee may protest any suspension or discharge through the regular contract grievance
procedure.
D. Senate Bill 1604 Implementation
A joint management and association committee shall be enacted to review SB 1604 and work
cooperatively to identify and agree to a disciplinary matrix consistent with the legislation. The
committee shall begin in August 2020 with a goal of reaching an agreement no later than the end of
the calendar year. The committee will be made up of three management representatives and three
association representatives. The recommendation from the committee shall be final.
• Tigard Police Department
NEWS RELEASE
' 13125 SW Hall Boulevard, Tigard, Oregon 97223 • www.tigard-or.gov/police
FOR IMMEDIATE RELEASE I January 21, 2022
Contact:
Kelsey Anderson, Public Information Officer
Tigard Police Department
Phone: 971-708-2921
Email: Kelsey.Anderson@tigard-or.gov
Internal Use of Force Review Board Completed
The Tigard Police Department has now completed its internal review of the officer-involved
shooting that took place on January 6, 2021, resulting in the death of Jacob Macduff.
As shared in previous news releases, the Attorney General's Office convened a grand jury
to hear testimony and review evidence in the case. In mid-September, the grand jury
determined criminal charges were not warranted against the officer. Upon the conclusion of
that criminal investigation, the Tigard Police Department began an internal review of the
case, which is routine department policy for every use of force. To allow members of the
Use of Force Review Board to thoroughly review the hundreds of pages of investigative
materials, the Board convened on December 28, 2021. The Board was comprised of five
people, including a representative from an outside police agency.
The Board reviewed several Tigard Police Department policies in evaluating this case to
determine if any policy violations occurred. They found that the force used in this case,
including initial less lethal rounds and the subsequent deadly use of force, were both within
department policy. As is common in many force response reviews, the Board identified
potential opportunities for future training. They also noted issues with aging audio
equipment which has since been resolved with the upgrade and expansion of the
department's body worn camera program.
"First and foremost, I want to acknowledge that any loss of life is tragic. I know the Macduff
family continues to endure that painful loss," said Chief Kathy McAlpine. "Although the
actions of the officers were within policy, we will bring subject matter experts together to
provide additional training relating to barricaded subjects. I am thankful to the members of
the Washington County Major Crimes Team, Washington County District Attorney's Office,
Oregon Department of Justice, grand jury and the internal Use of Force Review Board for
their thoughtful and comprehensive review of this case."
Page 1 of 1
State Police Oversight
Public Safety Advisory Board
January 24, 2022
To protect and serve all who live, play and work in Tigard.
` i Background
• 1961 Oregon created the Advisory Board on Police Standards and
Training
• Over the years it has evolved to Board on Public Safety Standards and
Training
• DPSST was created in 1997 and provides basic and ongoing training,
certifies officers, and monitors compliance w/ professional standards
established by the board for all public safety disciplines
• The agency is guided by the 26-member Board on Public Safety
Standards and Training
To protect and serve all who live, play and work in Tigard.
• DPSST is responsible for regulating all public safety professionals in
Oregon.
• Public Safety professionals include city, county, state and Tribal officers;
city and county corrections officers; parole and probation officers; fire
service personnel; telecommunicators; emergency medical dispatchers;
private security; OLCC regulatory specialists; polygraph examiners; and
private investigators.
• Per administrative rule, the minimum qualifications for LE Officer in
Oregon include: Meet and maintain moral fitness standards.
To protect and serve all who live, play and work in Tigard.
• DPSST receives notice of an officer's arrest or conviction
• DPSST is notified by local LE that an officer has been separated from
employment;
• DPSST becomes aware an officer intentionally falsified documentation
to DPSST;
• DPSST dismisses a student from the Basic Police Academy or
• DPSST staff receive a public complaint
• Moral Fitness standards are split into 2 categories: mandatory violations
and discretionary violations
Attitude • Leadership • Integrity • Service • Teamwork
Mandatory v Discretionary Violations
Convictions of severe offenses: judgement Re uire the ' of DPSST
Require
• A felony or a crime punishable Staff:
for max. term of imprisonment
more than one year. • Intentional Dishonesty
• Drug offense Misuse of authority
• Any offense involving DV Misconduct
inc uding abuse of a child
• A person is labeled Sex
Offender
• When an officer is discharged
for cause from employment.
To protect and serve all who live, play and work in Tigard.
jf ti : MoralFitnessi
Dishonesty — Intentional conduct that includes untruthfulness, dishonesty by
admission or omission, deception, misrepresentation, falsification or reckless
disregard for the truth
Misuse of Authority — Intentional conduct that includes the use or
attempted use of one's position or authority as a public safety professional to
obtain a benefit, avoid a detriment or harm of another
Misconduct — conduct that violates criminal law or conduct that threatens or
harms a person, property, or the efficient operations of any agency or
discriminatory conduct (pattern of conduct or a single egregious act)
To protect and serve all who live, play and work in Tigard.
Police Policy1 . .
The Board of Public Safety Standards and Training makes the ultimate
decision on whether to deny or revoke someone's professional standards
certification in discretionary cases.
To be efficient, each professional standards case is reviewed by a discipline-
specific policy committee prior to being sent to the board.
Each committee is comprised of a group of peers and statute describes which
groups must be represented.
Police Policy Committee: 17 members; 2 public members, several police
chiefs and officers.
To protect and serve all who live, play and work in Tigard.
Police Policy Committee
• Meets quarterly
• PPC recommendations are sent to the board for final approval.
• The board may choose to reject a recommendation by the Committee
with a 2/3 vote or
• Send a case back to the committee for additional consideration
• In 2020 75 cases presented to the board, only 1 was sent back
• Police Policy Committee agenda and decisions are on DPSST website
and accessible for the public
To protect and serve all who live, play and work in Tigard.
Example of Police Policy Committee Discretionary Review
Arnautov, Peter (36986) Certification Review: Peter Arnautov was
terminated from his position with the Oregon State Police (OSP) after he
was found to have stated that he has a bias against the LGBTQ community.
Staff determined that Arnautov's conduct violates the Board's moral fitness
standards.
Aggravating and Mitigating factors were provided. A vote by the committee
was unanimous and the committee recommended de-certification for 10
years.
To protect and serve all who live, play and work in Tigard.
• Moral fitness standards are critical to upholding the public's trust. When
an officer fails to meet these standards, the board has authority to deny or
revoke the officer's certification.
Revoked 59 71 49
Denied 3 0 4
Attitude • Leadership • Integrity • Service • Teamwork
l iHB 3145 Misconduct Reportingand Database
KEY PROVISIONS INCLUDE:
Requires a law enforcement agency to report discipline imposed on a police officer that includes an economic
sanction to DPSST once the discipline is final and the arbitration process is complete. The report must include:
•The name and rank of the officer disciplined;
•The name of the law enforcement unit at which the officer is or was employed; and
•A description of the facts underlying the discipline imposed, including a copy of any final
decision.
Requires DPSST to add the reported discipline ofolice officers involving economic sanctions to the statewide
online database of suspensions and revocations of police officers that is accessible by the public.
*Requires DPSST to publish the information related to sustained economic discipline of an officer within 10
days after receiving the notice of the discipline.
•Takes effect on January 1 st, 2022.
To protect and serve all who live, play and work in Tigard.
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Attitude * Leadership • Integrity * Service 0 Teamwork
To prevent officers entering the workforce who may be
biased or prejudiced against certain groups of people
legislation was passed which required DPSST to create a
standardized background checklist
• Includes psychiatric and psychological evaluation.
Assessment of officer 's feelings and opinions on people
of diverse cultures, races, and ethnicities
Attitude • Leadership * Integrity e Service ' Teamwork
HB
I Police Misconduct Arbitration Proceedings
KEY PROVISIONS INCLUDE:
•Removes discipline matrix or discipline guide as a mandatory subject of collective bargaining for
law enforcement.
•Establishes the Commission on Statewide Law Enforcement Standards of Conduct and Discipline
(Commission) for the purpose of adopting statewide uniform rules through a public process for:
•Standards of conduct, including guidelines and procedures
•Disciplinary standards and procedures, including a range of disciplinary actions that may
include consideration of aggravating or mitigating circumstances.
•Specifies the membership of the Commission, requires the commission to establish an open
hearings process that includes public notice, outreach, and public hearings.
To protect and serve all who live, play and work in Tigard.
KEY PROVISIONS Continued:
Requires the uniform standards to address, at a minimum, standards of conduct and
discipline regarding:
•Unjustified or excessive use of physical or deadly force;
•Sexual harassment;
•Sexual Assault;
•Assault
•Conduct that is motivated by or based on a real or perceived factor of an individual's
race, ethnicity, national origin, sex, gender identify, sexual orientation, religion or homelessness;
•Moral character; and
•The use of drugs or alcohol while on duty.
Attitude • Leadership • Integrity e Service 9 Teamwork