ORS 243.812
Commission on Statewide Law Enforcement Standards of Conduct and Discipline
- duties
- members
- establishment of standards
- open hearings
- reporting
- rules
Amended by HB 4008
Effective since March 23, 2022
Relating to public safety; amending ORS 181A.708, 181A.710 and 243.812 and section 10, chapter 541, Oregon Laws 2021; and declaring an emergency.
(1)
The Commission on Statewide Law Enforcement Standards of Conduct and Discipline is established for the purpose of adopting rules that prescribe uniform:(a)
Standards of conduct, including guidelines and procedures, to which law enforcement officers shall adhere; and(b)
Disciplinary standards and procedures, including a range of disciplinary actions that may include consideration of aggravating or mitigating circumstances, by which a law enforcement agency, a civilian or community oversight board, agency or review body, and an arbitrator who serves in an arbitration proceeding described under ORS 243.706 (Agreement may provide for grievance and other disputes to be resolved by binding arbitration or other resolution process) (3) shall make determinations regarding alleged misconduct by a law enforcement officer, and shall make recommendations for and impose disciplinary action in response to such determinations.(2)
The commission consists of 15 members as follows:(a)
The Director of the Department of Public Safety Standards and Training or a designee from the department.(b)
The Attorney General or a designee from the Attorney General’s office.(c)
The President of the Senate shall appoint one nonvoting member, acting in an advisory capacity only, from among members of the Senate.(d)
The Speaker of the House of Representatives shall appoint one nonvoting member, acting in an advisory capacity only, from among members of the House of Representatives.(e)
The Director of the Department of Public Safety Standards and Training and the Attorney General shall jointly appoint 11 members of the commission consistent with the following:(A)
Two members who are chief law enforcement officers.(B)
Two members who represent labor organizations who represent law enforcement officers.(C)
Two members who represent historically marginalized groups or community-based organizations that represent communities impacted by policing.(D)
One member who represents a federally recognized Indian tribe or association of tribes within this state.(E)
Two members who are representatives of local government to represent the interests of cities and counties.(F)
One member who represents public defender organizations established under ORS chapter 151 or the Oregon Criminal Defense Lawyers Association.(G)
One member who represents the interests of prosecutors in this state.(3)
At a minimum, the uniform standards described under subsection (1) of this section must address standards of conduct and discipline regarding:(a)
Unjustified or excessive use of physical or deadly force;(b)
Sexual harassment;(c)
Sexual assault;(d)
Assault;(e)
Conduct that is motivated by or based on a real or perceived factor of an individual’s race, ethnicity, national origin, sex, gender identity, sexual orientation, religion or homelessness;(f)
Moral character; and(g)
The use of drugs or alcohol while on duty.(4)
On or before October 1, 2022, the commission shall adopt and publish rules pursuant to ORS chapter 183 to establish the uniform standards described under subsection (1) of this section.(5)
The commission shall review the standards described under subsection (1) of this section at least once every two years.(6)
The meetings of the commission shall be open to the public in accordance with state law. Records of the commission shall be open and available to the public in accordance with state law.(7)
The commission shall establish and implement an open hearing process for public input and deliberation before the commission adopts rules that establish the standards described under subsection (1) of this section, including:(a)
Public notice;(b)
Public outreach to solicit broad public participation; and(c)
Public hearings to receive public comment.(8)
A majority of the members of the commission constitutes a quorum for the transaction of business.(9)
Official action by the commission requires the approval of a majority of the commission.(10)
The term of a member appointed under subsection (2)(e) of this section shall be two years. If there is a vacancy on the commission for any reason, the Director of the Department of Public Safety Standards and Training and the Attorney General shall appoint a person to the unexpired term.(11)
The members of the commission shall elect one person from the Department of Public Safety Standards and Training and one person from the Department of Justice from among the members of the commission to serve as cochairpersons of the commission who shall preside over meetings and execute the duties determined by the commission to be necessary.(12)
The commission may adopt rules necessary for the operation of the commission.(13)
A member of the commission who is not a member of the Legislative Assembly is entitled to compensation and expenses as provided in ORS 292.495 (Compensation and expenses of members of state boards and commissions).(14)
Intentionally left blank —Ed.(a)
The commission shall prepare and submit a report in the manner provided by ORS 192.245 (Form of report to legislature) to the House Committee on Judiciary or an interim committee of the Legislative Assembly related to the judiciary no later than September 1, 2022, and September 1 every year thereafter.(b)
The initial report must describe the development and adoption of the uniform standards described under subsection (1) of this section, including the methodology used to apprise each law enforcement agency in this state and each civilian or community oversight board, agency or review body, of the standards. The commission shall include in reports submitted after September 1, 2022, information regarding the progress of each law enforcement agency and civilian or community oversight board, agency or review body, towards implementing and applying the uniform standards and the commission’s recommendations on updates to the standards, as are considered necessary.(15)
As used in this section:(a)
“Assault” has the meaning given that term in ORS 163.115 (Murder in the second degree).(b)
“Civilian or community oversight board, agency or review body” means a board, an agency or a body:(A)
Designated by a municipality or a law enforcement agency in performing duties related to investigating allegations of officer misconduct or reviewing police policies and practices; or(B)
Created to oversee disciplinary matters concerning law enforcement officers pursuant to a city charter or ordinance for which a measure that included the question of whether to establish the board, agency or body was referred to and approved by the people of the city at an election held on or after July 1, 2020.(c)
“Law enforcement agency” and “law enforcement officer” have the meanings given those terms in ORS 131.930 (Definitions).(d)
“Sexual assault” has the meaning given that term in ORS 243.317 (Definitions for ORS 243.317 to 243.323). [2021 c.541 §4]
Source:
Section 243.812 — Commission on Statewide Law Enforcement Standards of Conduct and Discipline; duties; members; establishment of standards; open hearings; reporting; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors243.html.
Up to date