The city and Portland police union announced Thursday night it had reached agreement on a policy governing officers’ viewing of body camera footage after deadly and non-deadly uses of force.
The negotiated policy received conditional approval from the U.S Department of Justice for a two-month pilot project.
It’s scheduled to be presented to the City Council at 3:30 p.m. on Wednesday.
The compromise, if accepted by council, will avert what was expected to be a protracted, months-long arbitration process that would have extended what already has been years of delays in equipping Portland police with cameras.
Under the negotiated policy, if officers use deadly force or are involved in the death of a person who is in custody, they will not get to view their body-worn camera video until after they provide internal affairs investigators with an audio-recorded initial statement within 48 hours. During that statement, an officer will describe the call, what the officer observed, the threat faced, any warnings or de-escalation tactics that were used, the force used and if any medical aid was provided.
Internal affairs investigators, though, also won’t be able to view the body camera footage before the officer’s initial “perceptual” statement.
Once the officer gives that initial statement, there will be a break in the internal affairs interview, allowing the investigators and the officer involved and their lawyer to view the officer’s body camera footage separately in different rooms.
“Within a reasonable time,” the policy says, internal investigators can continue with the audio-recorded interview of the officer and ask the officer to clarify any discrepancies between their initial statement and what the camera footage showed.
Officers may not face discipline for any allegation of wrongdoing, however, based upon a difference or discrepancy between an officer’s statement prior to viewing the camera footage and what the footage shows, unless the city can prove the officer was being dishonest or attempting to deceive investigators, according to a letter of agreement reached with the union.
The compromise policy also states that that bureau “acknowledges the limitations of officer perceptions and memory in stressful events, along with the limitations of video evidence.”
Officers who use deadly force also may be asked by a supervisor, prior to reviewing their body camera footage, to provide an “on-scene, compelled public safety statement,” according to the policy.
Officers who witness the use of police deadly force will be able to review their assigned body-camera footage before providing a statement or writing a police report.
For force that results in serious physical injury, hospitalization or disability, both officers who used force and those who witnessed the force shall provide a full, candid account of what occurred to a supervisor at the scene, under the policy. The on-scene account shall be recorded on a body-worn camera. After the on-scene statement, the officer can view their assigned body camera footage and prepare a police report.
Officers that use or witness force causing physical injury or the use of a less-lethal weapon that causes serious physical injury also must provide an on-scene statement to a supervisor before viewing their body camera footage and writing their report. Their on-scene statements won’t be recorded.
The negotiated policy is accompanied by a four-page letter of agreement, which says investigators will give officers who use force written instructions before any interview. The instructions stress that video evidence has its limitations but is intended to assist an officer’s memory. “Simply because your perceptions are different than the video does not mean you are lying,” the instruction says.
Lawyers from the U.S. Department of Justice reviewed the negotiated policy and provided their conditional approval for a two-month pilot project. They, however, reserved their authority to review and evaluate any final policy adopted once a pilot is completed and before all officers are outfitted with the cameras.
They said it “meets some but not all” of the guidelines that they had recommended.
“However, we see value in the compromise reached by the City and PPA. In particular, the proposed directive avoids the risk of litigation in state and federal court, potentially conflicting orders, and the resulting delay in implementing the BWC program,” the Justice Department lawyers wrote to the city.
U.S. District Judge Michael H. Simon, who is overseeing the settlement, had voiced support for the technology at a hearing nine years ago. Last April, Simon approved an amendment to the settlement that required the city to outfit officers with cameras and adopt an appropriate policy governing their use.
City attorneys Thursday night sent copies of the negotiated policy to those who are parties to the ongoing federal settlement case.
The mayor’s office released a statement Thursday night, just announcing that an agreement had been reached and it was “the result of positive collaboration between the City and its police officers.”
“This policy has been a top priority for Mayor Wheeler’s administration for years, and he and his fellow Commissioners are pleased to have achieved this milestone. The City and the PPA have long agreed that body worn cameras are an important tool for supporting and enhancing public trust in law enforcement. It was important to all parties that our policy was consistent with common practice, supported the unique needs of our city, and addressed privacy and transparency concerns highlighted by the community. It was also vital that the policy is usable for officers and supported by science,” the statement said. “ We are excited to implement this important tool as soon as possible, and continue to provide opportunities for our officers to demonstrate the work they do every day to make Portland safer for everyone.’’
Officers from Central Precinct and the Focused Intervention Team, the unit formed in January 2022 to help curb gun violence and respond to shootings, will be equipped with the cameras during the pilot project.
— Maxine Bernstein
Email mbernstein@oregonian.com; 503-221-8212
Follow on Twitter @maxoregon
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