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Sizer's Size-up: Chief Allows Public Input Use of Force, Crowd Control Policy Changes Made Without Community; Chief's Forum All But Shut Down In mid-March, the Portland Police Bureau (PPB) issued new directives on officer Use of Force and Crowd Control. Chief Rosie Sizer took a lot of heat from the rank-and-file over the Force policy (see "Rapping Back,"), with others applauding her call for the use of "only the force reasonably necessary" as a giant sea change. The Crowd Control policy also gives the impression of a more progressive, less violent Bureau, but still allows for the "full meal deal" to be unleashed upon demonstrators (see PPR #39). Neither of these policies were circulated to the general public for comment; along with Sizer cutting back her Chief's Forum from twice to once a month and holding those meetings behind closed doors, it seems the community is being cut out of "community policing." Both of the new directives are, in their basic framing, apparent steps in the right direction. The Force policy talks about the Bureau's desire to "resolve confrontation through the application of de- escalation tools and lower levels of force." The Crowd policy reaffirms the First Amendment right to protest, and notes that "an unplanned/spontaneous event does not automatically mean it is an unlawful assembly." However, the Force policy now lacks a specific chart, formerly used, that showed what levels of force are appropriate given the behavior of the suspect. This will undoubtedly lead to officers claiming they believe some force is necessary and, without guidelines, Internal Affairs investigations or civil lawsuits will not be able to prove an officer out of policy. The Crowd Control policy adds references to Tasers and "riot control agents" that will require "Bureau personnel to don protective breathing equipment or to evacuate." Once again, the rewrite leaves out specific tactics and responses from the old policy. The new policy omits limitations under Oregon law on videotaping protestors (ORS 181.575, see PPR #36) and no longer requires officers to remain "neutral in word and action at all times." This is more of the pattern we noted when Sizer first became Chief, where on the surface it looks as if progress is being made, but underneath, her first loyalty is to her men and women in blue. It should also be noted that the Use of Force Policy grew out of the April, 2007 Use of Force Report, written by members of the Bureau, the Independent Police Review Division and just two of the nine members of the IPR's Citizen Review Committee (CRC). Despite the fact that two of their members helped recommend the rewrite, the CRC was not offered a look at the draft policy. City Considers Billing Events for Cop Presence When an audit (from City Auditor Gary Blackmer) revealed that the PPB spent $363,000 on overtime for events in 2006 but "recovered" only $48,000 from organizers, Sizer said she would consider making event planners pay for police protection. While currently capped at about $1200, the fees are proposed to go up to 35% and then 70% of police costs. This idea, proposed by Assistant Chief Berg in a 2007 memo, would be in addition to fees paid to the City for "event planning" (Oregonian, February 15). After a suggestion was made that fees only apply to for-profit events, those organizers complained. It may be only so long before First Amendment events will be requested to pay to have police corral, intimidate, arrest, and pepper spray them (see article in this issue).
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May, 2008
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Portland Copwatch Portland Copwatch is a grassroots, volunteer organization promoting police accountability through citizen action.
People's Police Report
#44 Table of Contents
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