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Rapping Back #62: As noted in our pieces about the US Department of Justice (DOJ) Agreement with the City (article) and changes to the "Independent" Police Review (IPR) Division (another article), the Portland Police Association (PPA) has been throwing its political weight around to torpedo efforts at accountability. President Daryl Turner's statements to City Council on these issues were posted to the PPA's online newsletter, the Rap Sheet, in December. In his comments on the PPA contract, which was tied to the acceptance of the DOJ Agreement, he wrote that the collaborative process producing the "tough but fair" new four-year contract is better than "what may come after years of contentious litigation." Similarly, when speaking about changes to the oversight system, he warned Council that granting new powers without bargaining leads to "unnecessary litigation," enclosing a letter from PPA attorney Anil Kariye outlining the City's "bargaining obligations." While such coercion should be looked down upon and perhaps even called as a bluff, it is clear from the backtracking on IPR's ability to compel testimony and the reluctance to amend the Agreement that the PPA runs this city. Other interesting tidbits in Turner's pieces include that the bargaining, which is supposed to cover working conditions, wages and benefits, also covered "policy" and "the welfare of the citizens we serve." He claims that the City can't legally add abilities for the IPR to conduct investigations, as that body already has sufficient access to PPB "affairs" and changes will "upset this delicate balance by empowering IPR to essentially take over the Bureau's duties and obligations in the discipline process." Of course, this ignores that the officer's commander, the Chief and the Police Commissioner are still the ones who will decide based on IPR's investigation whether the officer violated policy, and what discipline should be imposed. Turner implies that when IPR conducts investigations it will add another layer of inquiry to a crowded field of oversight; however, IPR doing so would remove the necessity of an Internal Affairs investigation. Should there be a criminal investigation, IPR would, as IA now does, conduct a parallel investigation to avoid tainting the criminal proceedings. Turner's list of existing processes includes both the investigators (criminal/IA) and the bodies moving those cases forward or deciding officers' fates (the District Attorney, commanders, the Chief and Commissioner) to justify his false claim that PPB officers now face an "unprecedented level of scrutiny."
For good measure, in a January piece about goals for 2014, Turner brags about intervening in the
US DOJ process, obtaining the new contract, and what sounds like upcoming meetings about IPR
(even though Council passed the ordinance three weeks before his article's January 29 posting
date). Turner lets the rank and file know "Because of you, Portland is one of the safest and most
livable cities in America and although that dynamic may not always be recognized by management,
City Hall and anti-police groups, I am grateful that the PPA has your support!"
In a February article about how the brain handles fear, author Val Van Brocken explains reacting to the first inkling of danger can be avoided when your cerebral cortex transfers fear into logic. "Realizing the banging of your front door at night is caused by the wind, not a burglar, so you latch it tight rather than empty a shotgun round into it."
Portland's Police have adopted a standard guiding officer use of force based on the Supreme Court case Graham v. Connor, which allows reasonable force when considering the "totality of the circumstances." One factor to consider is the "governmental interest" in performing the police function at hand. PPA President Turner apparently has a problem with this concept, as evidenced by a tirade in the February Rap Sheet. "When the rank and file, who are short staffed, under supported, and riddled by multitudes of oversight, do their jobs and take action, the first question that will be asked is 'what was the governmental interest?'" Turner believes the analysis of this factor is done by a sliding scale based on "the political correctness by which it is scrutinized." He calls findings against officers "Judgments made from the warmth and security of offices and meeting rooms." Of course, juries who convict suspects caught by police also make judgments in warm, secure settings.
Turner bemoans the fact that officers can no longer rely on "training, experience and common
sense," insisting that they now need "crystal balls" to do their job. He quotes another
officer who
says police only used to have to worry about what to do, now they worry about the political fallout
of their actions. According to Turner, due to such fears, officers are now engaging in less self-
initiated activity. Referring to Chief Reese's directive for cops to "wake [homeless] people
up" (see
article), he asks --
probably for a different reason than we do--what is the governmental interest? He
worries that officers will be prosecuted if they "have to" use force. Lamenting that business
owners
no longer engage in "trespass agreements" with the cops, Turner writes that "until our
city leaders
put their thumbs down on these violators sleeping in the doorways of businesses, cops doing their
jobs will end up holding the governmental interest bag."
Then another swipe at oversight: Turner says the City should stop depending on PARC and OIR
Group, consulting agencies who employ former law enforcement and studied Portland shootings
and deaths to recommend changes. Apparently, he did not read their biographies because he states
"none" of the people making up those groups--as well as IPR and its Citizen Review
Committee--
"are cops or have ever been cops." Until May 2013, a former police officer was Vice Chair
of CRC,
and while less than before, one of IPR's investigators is a former Portland cop. Turner says they
should bring in real cops to "determine the tools needed for us to do our jobs." It seems they
have
plenty of tools at the PPB, they just need to be willing to heed the advice on how to use them.
Turner addressed use of force again in April, apparently to defend the renewal of the "48-hour
rule": "It is not unusual... for the involved officer to need several days before they have a clear
recollection of the incident."
That's Odd-- PPA Highlights Pro-Accountability Stories?
It's unclear who is selecting articles to post on the Rap Sheet website, especially since most
months are less plentiful than the selection available in February. A surprising number of articles
and links that month were about crackdowns on misconduct and/or critical of oversight done
wrong.
--A Seattle Times article outlined how a reporter from the Stranger newspaper was
threatened with
arrest and harassment by a sheriff's deputy and a Seattle cop. While the deputy--with 27 years'
experience-- was fired over the incident, the officer was given training in lieu of a one-day
suspension, which removed the sustained finding from his record. Seattle's review body found the
conduct "indefensible." (The article mentions a suspension was also overturned for an
officer who
stomped on a suspect's head.) Perhaps this article was included because Seattle's cop "union" is
quoted saying the one-day suspension amounted to a $400 fine.
--An Oklahoman article about a town whose speed traps generated 76% of its revenue,
prompting
state administrators to remove their ticket-writing authority.
--Three articles from the website of police review board guru Sam Walker focused on:
The last article lacks community perspectives, but raises concerns about police refusing to adopt
accountability measures, while politicians including those in Seattle blame rising crime rates on
reined-in officers.
Find the Rap Sheet at pparapsheet.org.
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May, 2014
• Two PPB Shootings Result |
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Portland Copwatch Portland Copwatch is a grassroots, volunteer organization promoting police accountability through citizen action.
People's Police Report
#62 Table of Contents
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