REJECTED 3-27-13 JTTF Portland Report February 19, 2013

7/29/2019 REJECTED 3-27-13 JTTF Portland Report February 19, 2013

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TO:

MEMORANDUMFebruary 19,2013

SUBJ:

Bureau of PoliceChlie Hales, Mayor11l'_':y-:1i9 nv1lue;o.1ati8l $'"?.'Ji:l3i!"J:ir, .000. Fax: s03.I23-0342lntegrity . Compssion . Accountability . Respcct . Exccllcncc . Scrvice

Mayor Charlie IIalesCommissionet Dan SaltzmanCornmissioner Nick lishCornmissioner Amand a F ritzCommissioner Steve NovickAnnual JTTF Report per Resolution 36859

Tlre City passed a Resolution in April, 2011 regarding the Portlad Police Bureaucooperation with the FBI for the purpose of combating terrorism. As part of thatResolution, the City asked the Police Chief to eaoh year provide a report "withappropriate public information to the City Council and public on the bureau's work withthe FBI's.Joint Terrorism Task Force (.IT'IF), including any issues related to compliancewith Oregon laws."So that Council members have knowledge of the relevant provisions of the Resolution, Ihave listed the specifics of the Resolution below and provided responses on how we haveaddressed its provisions.

1. BE IT RESOLVED, tht it is the policy of the City simulfaneously to helpprevent and investigute acts of teworisnt, protect civil rights anfl civilIiberties under United States and Oregon luw, and promote Portland fls nopen nd inclusive community;The Portland Police Bureau is committed to a rnodel of community policing inwhich a positive connection between the police and the communitycontributes to the well being of our City. Our mission statement includes agoal of working with all citizens to maintain human rights. In keepig withour mission and the city's Resolution, we have implemented policies,plocedures, and oversight mechanisms that enable us to effectively investigateterrorist threats, protect civil rights and civil liberties, and promote an openand inclusive community.

Communty Policingl Making the Difference Togethercitv rnformarion Line: 503-823-4000, tr" t.'!"Tfri"jf;tJrt"'"ti"'i5i:tri: rr3-6868 websire: www.porflandpotice,cc,m


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4. BE IT FURTHER RESOLVED. In uddition to regular hrieJings. und thePolice Cltiefs purticitation n JTTF Executive Committee meetings, bureuofficers sltnll work with the JTTF only on investigations of suspecteclterrorsm tltat have a criminul nexus; in stutions where the statutory orcontmon law of oregon is more restrictive of lttw enrcement thttcomparable federal law. the investigative methods employed by bureauofficers workng on JTTF investigtons shall conform to the requirementsof suclt Oregon statutes or common law;The bureau confirms that officers have only worked on investigations ofsuspected terrorism that had a criminal nexus and that their investigativernethods have complied with Oregon law,The city Attorney explained during last year's report that the "criminalnexus" requirement was intended to identify the subject matter on whichofficers are allowed to work with the JTTF-. Specifcally, when officers workon.ITTI terrorism investigations, the federal government defines terrorism asfollows under: 18 USC Sec. 2331 (01/07/201I), which stares:(1)'Ihe term "international terrorisrn" means activities that:(A) Involve violent acts or acts dangerous to human life that are a violationof the criminal laws of the United States or of any State, or that would be acriminal violation if committed within the jurisdiction of the United Statesor ofany State;(B) Appear to be intended:(i) to intrmidate or coerce a civilian population;(ii) to iufl^uence the policy of a goveinrnent by intirnidation or coercion: or(rrr) to. altect the conduct.of'a govemrnent by mass destluctior-r ,assassinati on, or kidrrappin g; a--nd(C) occur plimarily outside the territorial jurisdiction of the United States,oL transcend national boundaries in terms of the ileans by which they areaccomplished, the persons they appear intended to intirnidate or coerce, orthe locale in which their perpetrators operate or seek asylum;(2) the teLm "national of the United States" lias the meaning given such termin section l0 1 (a)(22) of the Imrnigration and Nationality Act;(3) the term "person" mearls any individual or entity capable of holding alegalor beneficial interest in ploperty;(4) the term "act of war" fiteaus any act occurring in the course of-(A) cleclared war;(B) arrned conflict, whether or not war has been declared, between two ormore nations; or(C) armed conflict between military forces of any origin; and(5) the teLm "domestic terrorism" means activities that:


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IQ.BE IT FURTHER RESOLVED, that the City Council clirects the Policechief anrl commissioner-in-charge of PPB to request regular briefingsfrom tlte FBI SAC, at least twice year, on the work of the JTTF so that thePolice Clrief and the Commissioner-in-Chrge of PPB wll be familr witterrorist tltreats itt the Portkmd area and wll, thereJbre, he better uble tomange local public safety issues;Since the passage of the city's Resolution, I have conferr.ed on severaloccasions with the sAC about threats from terrorism and terrorisminvestigations. I receive regular briefings a few times ayear on the work ofthe JTTF.The commissioner-in-charge met with the FBI/sAC on February 14,2013.

lt.BE IT FURTHER RESOLVED, tlte Cltief will ussign PPB supervisor totlte JTTF at any time that a PPB officer is assignetl to JTTF work;i assigned a CIU lieutenant to oversee the two officers identified as eligible towork with the JTTF, The lieutenant has regular meeting with the JTTFsupervisor and attends JTTF Executive Cornrnittee meetings. Any time theseofficers have been assigned to JTTF work, the lieutenant, the Assistant Chiefof Investigations and I have actively supervised their work.

12.88 IT FURTHER RESOLVED, PPB officers assignecl to the JTTF shaltattend annul training, to be conclucted by the office of the City Atontey, toensure comltlince wth pplicable state andfederal lw;The bureau is in compliance with this plovision. The chief of police,Assistant Chief of the Investigations, Lieutenant of the Criminal Investigationunit, and two assigned officers have all received required trainings.In May of 2011, in January 2072, and January 2013,the city Attorney's officehad an in-service training for all CIU rnembers identifed as eligible to workwith the JTTF as needed. The city Attorney trained officers about theprovisions of the Resolution, oRS 181.575, oRS 181.850 and or-egon lawsthat are more restrictive of law enforcement investigative methods thancomparable federal law, The training includes instruction on the FBIGuidelines and how Resolution 36859 or Oregon law are different fi'om theFBI Guidelines,

l3.BE IT ITURTHER RES0LVED, that the Portluntl police Bureau shctlldopt publicly available dministrative policies and procedures consistentwitlt tltis Resol utiott.


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The bureau has implemented this provision. The Police Bureau refers to itsadministrative policies and procedures as "directives", Stanclard operatingProcedures (soP) are unit-specific directives. on July 22,2011, the bureuadopted Standard Operating Procedure (SOp) CM23.-4L)J."--( {*.-1--,-^.MICHAEL REESEChief of PoliceMWR/EH/mp


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Pofiland, OregonFINANCIAL IMPACT and PUBLIC INVOLVEMBNT STATEMENTFor Council Action Itemsl)elivcr original to Financial Planning Ilivision. IetainL Name of lnitiatorChad Stover 2. Telephone No.503-823-4027 3. Bureau/Office/Dept.Office of the Mayor4a. To be filed (hearing date):

March 21,2013 4b. Calendar (Check One)Regular Consent 4/5thsxnn 5. Date Submitted toCommissioner's officeand FPD Budget Analyst:6a, Financial Impact Section:ffi Financial impact section completed 6b. Public Involvement Section:ffi fuUtic involvement section completed

1) Legislation Title:Accept Commissioner-in-Charge and Portland Police Bureau's annual report regarding thePortland Police Bureau's participation with the Federal Bureau of Investigation's Joint TerrorismTask Force.2) Purpose of the Proposed Legislation:See above.3) Which area(s) of the city are affected by this Council item? (Check all that apply-areasre based on formal neighborhood coalition boundaries)?I City-wide/Regional n Northeast n Northwest n Northn Central Northeast X Southeast n Southwest n East! Central City

F'INANCIAL IMPACT4) Revenue: Will this legislation generate or reduce current or future revenue coming tothe City? If so, by how much? If so, please identify the source.N/A5) Expense: \ilhat are the costs to the City as a result of this legislation? What is the sourceof funding for the expense? (Please include costs in the current fiscal year as well as costs infuture years, If the action is related to q grant or contract please include the local contributionor match required. If'there is a project estimate, please identify the level of confidence.)N/AVersion updated as of Mcry 19, 2011


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6) StaffTns Requirements:o Will any positions be created, eliminated or re-classifed in the current year as aresult of this legislation? (If new positions are created please include whether they willbe part-time, full-time, limited term, or permanent positions. If the position is limitedterm please indicate the end o.f the term.)

NOo Will positions be created or eliminated infuture years as a result of this legislation?

NO(Complete thefollowing section only if n mendment to the budget s proposed.)7) Change in Appropriations (If the accompanying ordinance amends the budger please reflectthe dollar amount to be appropriated by this legislation, Include the appropriate cost elementsthat are to be loaded by accounting. Indicate "new" in Fund Center column if new center needsto be created, Use additional space if needed.)

[Proceed to Public Involvement Section - REQUIRED as of July 1,2011]

Fund FundCenter CommitmentItem FunctionalArea FundedProsram Grant SponsoredProsram Amount

Version updted as of My 19, 2011


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PUBLIC INVOLVEMENT8) rJVas public involvement included in fhe development of this Council item (e.g.ordinance, resolution, or report)? Please check the appropriate box below:X YES: Please proceed to Question #9.I NO: Please, explain why below; and proceed to Question #10.The members of this Board have very unique qualifications and the appeal decisions they makeonly apply to the specific facts and circumstances of the single taxpayer.9) If ooYES," please answer the following questions:

a) \ilhat impacts are anticipated in the community from this proposed Councilitem?-Effectively prevent and investigate criminal acts of terrorism-Protect an individual's legal rights under United States and Oregon law; and,-Promote Portland as an open and inclusive communityb) Which community and business groups, under-represented groups,organizations, external government entities, and other interested parties wereinvolved in this effort, and when and how were they involved?-A draft copy of last year's report was made available for public comment February 13,2012, and changes were made as a result of public comment. This year's draft was madeAvailable on the Mayor's website on March 20tt',2013.c) How did public involvement shape the outcome of this Council item?-See aboved) Who designed and implemented the public involvement related to this Councilitem?-The Mayor's Officee) Primary contact for more information on this public involvement process (name,title, phone, email):-Chad Stover, Policy Assistant, Office of Mayor Charlie Hales,Cha d.stover@,rro rtlando reson. qov, (503) 823 - 4027

10) Is any future public involvement anticipated or necessary for this Council item? Pleasedescribe why or why not.Verson updted s of May 19,2011


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-The public is invited to participate each time this item comes to council

Charlie Hales, MayorBUREAU DIRECTOR

Verson updted s of My 19,2011

REJECTED 3-27-13 JTTF Portland Report February 19, 2013

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Transcript of REJECTED 3-27-13 JTTF Portland Report February 19, 2013