Arising from a Department of Justice investigation that started in 2011, the United States of America filed a Complaint against the City of Portland in federal court in 2012 alleging that the Portland Police Bureau engaged in a pattern or practice of using unlawful force against individuals with actual or perceived mental illness, in violation of their constitutional rights. In 2014, the United States District Court for the District of Oregon entered as an Order of the Court a Settlement Agreement between the United States and the City of Portland. Among other things, the Settlement Agreement requires sustained reforms to policies, programs, and procedures in, and oversight of, the Portland Police Bureau to ensure that PPB delivers police services to the people of Portland in a manner that effectively supports officer and public safety, and complies with the Constitution and laws of the United States.
The Settlement Agreement, which has been amended over time, includes required reforms in the areas of Use of Force, Training, Community-Based Mental Health Services, Crisis Intervention, PPB’s Employee Information System, Officer Accountability, and Community Engagement. In January 2024, significant amendments were made to the Settlement Agreement, including the termination of many of its provisions as a result of the City of Portland successfully achieving and maintaining substantial compliance with them. Furthermore, a number of provisions were deemed subject to self-monitoring by the City, which means that the City must create a self-monitoring plan, prepare semi-annual compliance reports, and report its findings about compliance with those provisions to the Court.
Additionally, the 2024 amendments to the Settlement Agreement included the establishment of an independent, court-appointed monitor to assess the City’s compliance with, and implementation of, the Settlement Agreement. Among other things, the Independent Monitor is charged with conducting semiannual assessments of the City’s compliance with the remaining provisions of the Settlement Agreement, conducting outcome assessments as described in the Settlement Agreement, identifying barriers to compliance and providing recommendations on how to overcome such barriers, and filing semi-annual reports with the Court that detail the status of the City’s progress in implementing the Settlement Agreement. Importantly, the Independent Monitor must also solicit and receive feedback from the Portland community regarding interactions with PPB, as they relate to the requirements in the Settlement Agreement. On May 15, 2024 the Court appointed MPS & Associates, LLC as the Independent Monitor.
With its appointment becoming effective on July 1, 2024, the Independent Monitor now seeks to fulfill its duty to assess the City’s compliance with the terms of the Settlement Agreement.