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Community & Public Safety Committee

Transcript

Transcript

Automatically generated transcript. It may contain errors and includes testimony in languages other than English that is not individually marked up for assistive technology.

Michael 7:43 - 7:46

7:43Good morning, everybody.

Steve Novick 7:49 - 8:03

7:49Welcome to the first meeting of the Community and Public Safety Committee in the reign of the NBA champion New York Knicks.

7:58And I hereby call said meeting to order.

8:02Uh, clerk, can you please call the roll?

Brandon Brown 8:04 - 8:05

8:04Good morning.

Bob Day 8:05 - 8:06

8:05Kanal?

Sameer Kanal 8:06 - 8:07

8:06Present.

Angelita Morillo 8:08 - 8:10

8:08Morillo?

8:09Here.

8:09Zimmerman.

Eric Zimmerman 8:10 - 8:10

8:10Here.

Angelita Morillo 8:11 - 8:11

8:11Smith.

Earl Riley 8:12 - 8:13

8:12Novick.

Steve Novick 8:13 - 8:21

8:13Here.

8:19Christopher, could you please read the statement of conduct?

Eric Zimmerman 8:22 - 8:25

8:22Welcome to the meeting of the Community and Public Safety Committee.

James Crooker 8:25 - 8:37

8:25To testify before this committee in person or virtually, you must sign up in advance on the committee agenda at www.portland.gov/council/agenda/community-and-public-safety-committee or by calling 311.

Sameer Kanal 8:38 - 8:46

8:38Information on engaging with the committee can be found at this link.

8:40Registration for virtual testimony closes 1 hour prior to the meeting.

8:43In-person testifiers must sign up before the agenda item is heard.

Robert Taylor 8:46 - 9:08

8:46If public testimony will be taken on an item, individuals may testify for 3 minutes unless the chair states otherwise.

8:52Your microphone will be muted when your time is over.

8:54The chair preserves order.

8:55Disruptive conduct such as shouting, refusing to conclude your testimony when your time is up, or interrupting others' testimony or committee deliberations will not be allowed.

9:01If you cause a disruption, a warning will be given.

9:03Further disruption results in ejection from the meeting.

9:05Anyone who fails to leave once ejected is subject to arrest for trespass.

Bob Day 9:08 - 9:14

9:08Additionally, the committee may take a short break thank you, Christopher.

Steve Novick 9:14 - 10:08

9:14There is an amendment to the statement of conduct for today, which is that spontaneous chants of Go Knicks or Knicks Rule will not be considered disruptive.

9:24Today we might have bitten off more than we can chew.

9:28After last session, we had a great discussion with ceasefire partners, and I thought it would be valuable if we had more discussion with cool people doing cool stuff.

9:37So today we're gonna lead off with a discussion of restorative justice and hear from restorative justice partners and hear something about the relationship of restorative justice partners with law enforcement.

9:49The FITCOG said they wanted to come on down, so I told them come on down.

9:53Then we're gonna resume our discussion of concealed carry in public buildings.

9:57And if we can get to it, we'll turn to psychedelics at the end, but it's quite possible we won't get to it.

10:03And now I will— I'm sorry, We'll ask the clerk to read the first item.

Tristan Edwards 10:09 - 10:15

10:09Item number 1, April 7th, 2026, Community and Public Safety Committee minutes.

Steve Novick 10:17 - 10:19

10:17Thank you.

10:17And Tristan, take it away.

Tristan Edwards 10:20 - 10:21

10:20Good morning, Councilors.

Edith Thrower 10:21 - 10:22

10:21Sorry, apologies.

Tristan Edwards 10:22 - 10:23

10:22This is the approval of the minutes.

Steve Novick 10:23 - 10:23

10:23Oh, sorry.

Mindy Johnston 10:24 - 10:25

10:24Sorry.

Steve Novick 10:25 - 10:29

10:25I forget.

10:26Do we take a vote immediately or do I just ask for unanimous consent?

Tristan Edwards 10:30 - 10:33

10:30If there's no objections, then we can do it by unanimous consent.

Steve Novick 10:34 - 10:38

10:34Do I have unanimous consent to approve the minutes?

10:37All right, approved.

Cameron Hayes 10:38 - 10:39

10:38Thank you.

Tristan Edwards 10:39 - 10:48

10:39Item number 2, document number 2026-200, Restorative Justice Programs Within the City and County.

Steve Novick 10:49 - 10:50

10:49Thank you.

Loretta Smith 10:50 - 10:51

10:50Now, Tristan.

Tristan Edwards 10:51 - 12:35

10:51Thank you so much, and we really appreciate the opportunity to be here.

10:55My name is Tristan Edwards.

10:57I am a public defender at Metropolitan Public Defender.

11:00I work in the major felony unit, and I also work on policy work today, we're going to be talking about different restorative justice programs that operate in the city.

11:15I am going to try and go so fast so that we can get to our amazing presenters here from the different restorative justice programs.

11:22And I'm going to have everyone introduce themselves as they take turns talking about their programs.

11:28So first, and as briefly as I can possibly go, I just wanted to give a little bit of an orientation around what restorative justice is.

11:34So restorative justice is a process sometimes I find it to be helpful to compare and contrast a little bit with the criminal system, which is what most of us are more familiar with.

11:45And this kind of gets broken down into 3 questions to explain that framework.

11:49So within the criminal system, we ask a set of 3 questions very simplistically.

11:55What law was broken?

11:56Who broke that law?

11:58And how do we punish that person?

12:00The criminal system sees harm as a violation of the law, and the outcomes from the criminal system are really oriented around what do we within restorative justice, we ask a different set of questions.

12:16Who has been hurt?

12:17What are their needs?

12:19And whose obligation is it to meet those needs?

12:22And so you can see just in kind of these 3 different questions that the framing around restorative justice is different.

12:27The discussion is around the harmed party and what can be done to heal, repair harm.

Angelita Morillo 12:35 - 12:35

12:35So, Councilor Smith, I'm going to turn it over to you.

Loretta Smith 12:35 - 12:35

12:35Thank you, Councilor Smith.

Tristan Edwards 12:35 - 15:16

12:35Kind of distilling from this some primary goals of restorative justice.

12:40Healing for harmed parties is obviously a primary goal.

12:44And so oftentimes we say that restorative justice is a survivor-centered process of accountability.

12:50That accountability piece for the responsible party is important, but it is centered around the needs of the survivor and with the goal of repairing the harm to the extent that that is possible.

13:01I should also mention that while the criminal system sees harm as a violation of the law, restorative justice sees harm as a violation of a relationship that requires repair.

13:12Another primary goal within restorative justice is accountability.

13:16As a public defender, I hear the word accountability used a lot in the criminal system, and typically what it means is sending someone to prison or jail or placing them on a long period of supervision.

13:28That accountability, I think, really gets away from what we really and really what I think we mean when we say we want accountability is a true internal reckoning with a harm that someone has caused and steps to repair that harm.

13:48And that accountability piece, that repair, also means that that is an invitation for someone to restore their place in the community.

13:55That if they're willing to do that reckoning, that hard internal work, then they can have a pathway back into the community.

14:01Thank you.

14:02To restoring their place in the community and having a vested interest in the community.

14:06And I think both of these things really tie into that— the third goal, which is a goal of public safety.

14:11Again, as a public defender, people come to my desk, they become my clients generally because of reactions that come from a place of unhealed trauma.

14:21The more that we are promoting healing from harm, the less we are going to have people who are playing out their trauma in unproductive ways in the future.

14:30And when it comes to accountability, really the understanding the impacts of a harm and having the opportunity to wrestle with what that means to have caused harm and to reach repair is something that is going to make someone infinitely less likely to repeat that harm in the future.

14:47Okay, I'm gonna play this 4-minute video, which is a participant from the Restorative Roots Project, one of the programs that'll be speaking today, I thought that this might be better than trying to explain what a restorative justice process looks like.

15:06I'll also just mention that I printed out a flyer that was created by the Restorative Justice Coalition of Oregon that also seeks to dig into a little bit more of the complexities around restorative justice.

Michael 15:20 - 19:51

15:20My name is Michael.

15:21I'm 20 years old, and I'm a victim of sexual assault.

15:22I'm a fairly recent new barber.

15:25You know, I had never been in a robbery before.

15:26Like, I've never been in this type of situation.

15:29I've heard about them, but I never thought like it would happen to me.

15:32I was working drive-through cashier, so when I saw him in, you know, I just greeted him like any other person.

15:39I was like, hey, hey, how's it going?

15:41I feel like it's crazy because everything turned dark so quickly.

15:46You know, he was laughing, so like when his first sentence was like, oh, I'm going to need all the cash from the register.

15:52You know, I laughed because I thought he was joking around.

15:55And he was like, oh, like, I'm not joking.

15:57And, you know, everything went tense, I guess you could say.

16:02I guess he had no weapons on him, but he made it seem like he did.

16:05So that made it like 10 times more terrifying.

16:08My coworkers, you know, they don't know no English.

16:11So the only language they spoke was Spanish.

16:14So, I mean, they knew a threat was there, right?

16:16But they were scared.

16:18If I'm being honest, like, I— when the whole process came down, I had, like, no idea about this program at all.

16:25It all came down when we went to the attorney, and they were telling us that we had 2 options: to either take the case to trial or to do this new program that we had never heard about before.

16:38I would say the restorative routes this project is a different type of system than what we normally have.

16:46They explained to us that we would get to know some of the answers that we wanted to know.

16:50You know, like instead of trial, like we would have been able to ask him like why he did it or like what was his motives, you know, like what he had been going through.

17:00But being able to like get to know the reason why and get to tell that person how you felt that moment so that they know the impact they had on you and they could take, like, the accountability, you know.

17:13The Restorative Roots facilitator, they helped us in steps.

17:19You know, at first everybody was traumatized, including me.

17:22We didn't really want to talk about the situation, so they did a good job of implementing, like, little steps for when the when the big day came for the conversation, when I got to ask him, like, about his, like, childhood and stuff, like, you know, I got to learn that he didn't really grow up in a nice environment.

17:45You know, it was really rough for him.

17:47And so it definitely helped me because I got to understand a little more.

17:51So by the time, like, we said our thoughts, you know, how we felt, like, towards the end, He spoke again, and that's when we, like, got to see, I guess, the real him, you know, that he was sorry.

18:06And, you know, he was really empathetic.

18:08Like, he had no idea of the impact that he had done to us.

18:12And when he apologized, I feel like that's something that I really needed to hear.

18:17Definitely helped me feel a lot.

18:19You know, it felt like a huge relief, to be honest.

18:21You know, he had never experienced something like that.

18:23And he was really grateful that we had decided to go with the Restored Roots Project because to him it wasn't just like a free get-out-of-jail-free card, you know.

18:33To him it was like, yeah, he was really like impacted and shocked of what all the help he was getting.

18:41And yeah, I mean, towards the end everybody felt good, you know.

18:43It felt like all the questions we had were answered.

18:48He was willing He wanted to work to pay some of the medical bills.

18:53He wanted to write us letters more.

18:55He wanted to know, like, how we're doing, like, anything he could do to make us feel better, you know?

19:00And the crazy thing is, is that when I went to barber school, his brother was actually going to school as well.

19:07So when I got to see him come and visit his brother, you know, he had told me that he was really doing really good, that he was traveling a lot, working a lot.

19:15And, you know, he even offered to bring like post mail from different states he had visited.

19:20I would say we're pretty good friends now.

19:23After the Restorative Roots was over, I was going out more.

19:28You know, I didn't have to watch my back, I guess.

19:30I wasn't, you know, scared at all.

19:33And it helped me learn that I could also watch like some of the stuff I do too, because like of the impact that had happened, you know.

19:39Thank you.

19:40So I mean, not only did it help him, but it helped me to like reflect on some of the stuff I could be doing better as well.

19:47But yeah, I feel like it was— yeah, justice was served.

Brandon Brown 19:54 - 19:54

19:54Great.

Tristan Edwards 19:54 - 19:57

19:54Now I'm going to pass it over to Lutheran Community Services.

Mindy Johnston 19:58 - 23:01

19:58Hi, good morning everybody.

19:59Mindy Johnston.

20:00I am the program director with our Justice Forward department at Lutheran Community Services Northwest.

20:05And this is a lot of information on a slide, but the point that I wanna go over is some of the different branches of services that we provide.

20:14So we have community-based victim advocates, and then these are the sort of different branches of restorative justice that we're providing.

20:24So we have, we work with juveniles through the Department of Community Justice Juvenile Services Division on both pre- and post-adjudicated cases.

20:34We have a partnership with the Portland Police Bureau.

20:36Thank you.

20:38We have a partnership with the District Attorney's Office and then Portland Public Schools.

20:43And out of all of those different partnerships, for the DA's office and PPS, this comes at no cost for them.

20:52So our primary funding is through Multnomah County DCJ and then the Criminal Justice Commission's Restorative Justice Grant.

21:01And in the exciting, The other thing that I wanna talk about is this pre-arrest partnership we've had with PPB that we've been working on since 2022.

21:13So we understand that shifting the criminal justice system takes time, and we're at a point where we wanna start seeing more referrals coming through.

21:25So over the last 4 years, we have worked with the police on roll calls.

21:31We go to Advanced Academy.

21:33Thank you.

21:36We meet with the equity team.

21:38We've had all kinds of planning and implementation, but we're still really not seeing cases.

21:45And one of the things we've reflected on is how these cases come to us.

21:50We're having an understanding that criminal justice system partners are uncomfortable talking about restorative justice because that's not their job.

22:01So with our partnership with the DA, there's been a shift over the last 6 months.

22:07We also spent a lot of time working on the relationship with them, and it was very slow to go.

22:15But in the last 6 months, there's been a shift where instead of having attorneys talk to people about restorative justice, they just send the case to us.

22:25And then we can explain restorative justice to participants, and they can agree or not.

22:31And so that, In the first year of our partnership with the DA, we had one referral.

22:37And in the last 6 months, we've had almost 20.

22:41And so we're seeing a real shift in the success of that.

22:46And we would like to see that also with the police.

22:48So we've worked with each of the precincts.

22:51We focused for a while on North Precinct.

22:54And I think it's— there's just a real challenge in getting officers to buy into restorative justice.

Bob Day 23:01 - 23:01

23:01Yeah.

Mindy Johnston 23:02 - 24:32

23:02Even though a lot of times when they hear it, they're excited about it.

23:06So I think something happens between Advanced Academy and being on the ground.

23:13I would also just like to add that I think out of all of these partners, and including my colleagues down the row, any of these different partners along the line, whether it's pre-arrest or post, you know, pre-arrest, pre-adjudication, post-adjudication, there could be hundreds and hundreds of referrals that came through for all of us.

23:34For our juvenile department cases in 2025, for recidivism, the general population was 28% for recidivism on youth cases.

23:44For the youth that went through restorative justice, it was 19%.

23:49We have data that shows that this is effective in reducing recidivism, and that we know is a cost savings to our community to Public safety, all the things that we all want.

24:02So we're here to give a push for this work and for getting your support to help our systems partners meaningfully engage in restorative justice.

24:16We can't do it alone.

24:18We need to find ways that restorative justice is maintained in the community, but is also institutionalized in some way with our systems partners.

24:26Thank you.

24:27System partners.

24:28Um, and I think that's all.

24:31Pass it to Brandon.

Brandon Brown 24:33 - 27:59

24:33Thank you for that.

24:35Hello everybody, my name is Brandon Brown.

24:38I am the Director of Community Outreach for Restorative Roots Project.

24:42We are a holistic nonprofit organization that aims at the restoration and transformation of individuals and communities.

24:51Um, Why I am here today, I'm here to speak about our partnership mainly with the District Attorney's Office.

25:01In 2021, Restorative Roots Project became a program underneath another nonprofit.

25:08The program did not fit within that org, so we moved on and became our own 501 in 2023.

25:16As of May 1st, 2025, Restorative Roots Project has been referred and represented an estimated total of 612 months of prison time saved, which would have cost the state $3.2 million.

25:30This is based on 10 cases in our SAP program and 2 community referrals.

25:37These charges ranged from Measure 11 person-to-person violent offenses to minor theft and family disputes.

25:44Our SAP program has had 100% success rate with zero reoffenders and zero cases returned.

25:52This has resulted in housing assistance, bill assistance, job placement, schooling, 4 years of sobriety, and most importantly, community restoration and healing.

26:03Our program has not been unsuccessful due to staffing and/or programs, but lack of partnership engagement.

26:13Our SAP program has not had a case referred to it since October of 2024, our program has seen 2 DA regimes since its implementation, one of those which asked us not to go public with our program, resulting in a lack of communication.

26:33Our quantitative data is low due to that lack of communication, which led to funding being cut and the loss of 3 staff members and the remaining members to work for free from the months of October 2025 to March of 2026.

26:52From the months— from the years 2022 to 2025, our partnership did work together to come up with the best ways for referral pathways.

27:06Due to budgeting cuts, our partners have had less time to focus on our program, but efforts have been made.

27:13And cases should start flowing back into our program starting in July.

27:19Most recently, Restorative Roots Project, along with Lutheran Community Services and Brown Hope, have been putting in efforts to get the county to help recognize community-based restorative justice.

27:31And the results of that is the community putting together a focus group to start finding more ways to help build pathways for community-based restorative justice.

27:41Thank you.

27:44Um, these are just minor steps that we have taken.

27:49We now need a hand and a help, a push to keep us going forward, and more support within our community to help build out community-based restorative justice.

27:59Thank you.

Cameron Hayes 28:01 - 29:26

28:01Uh, hello, councilors.

28:03My name is Cameron Hayes.

28:04I'm the director of Regroup.

28:06We are a reentry mutual aid support network.

28:09Thank you.

28:09And, um, our focus is really building community among returning citizens because most re-entry organizations are really good at that day one support and getting folks on their feet.

28:22But as folks with lived experience, we know that that is not always enough.

28:27And so in 2025, Regroup secured a pilot grant from the CJC to do a community needs assessment and see what the thoughts were on utilizing, uh, returning citizens and those with lived experience to do conflict mediation and restorative justice processes in the community.

28:47And there was almost universal support.

28:50We have been operational now for 3 months and have 6 cases, and it's been really cool to see a desire for accountability and healing come from community, because as we know, when folks are released from prison, they have a higher statistic for reoffending but also being victimized.

29:10And so this is also a population that is unlikely to trust traditional public safety methods.

29:17And so it's been really cool to step in and fill that gap.

29:21This is Jerome, our restorative justice director, and I'll let him take over.

Sameer Kanal 29:26 - 30:00

29:26All right, I'm, uh, hello, councilors.

29:28I'm Jerome Sloan, uh, Restorative Justice Director for Regroup.

29:32And, um, he basically said a lot about our program, but the thing that I think, um, separates us is that we have lived experience, and the people that we talk to don't necessarily feel comfortable talking with authority figures like police, anything like that.

29:49So we fit a little niche where My clients, they're willing to talk to me in a certain group, but this problem probably wouldn't be resolved if they had to deal with a higher authority figure.

Manny Guerra 30:01 - 30:06

30:01And that's what I've seen for it.

30:04Yeah, Regroup has did it.

Sameer Kanal 30:06 - 30:13

30:06We got 6 now and we're moving along strong and I'm happy about it.

Manny Guerra 30:13 - 30:16

30:13I know that's not about this, but I'm happy about where we've come, but we need help.

Michael 30:16 - 30:16

30:16So.

Tristan Edwards 30:18 - 32:38

30:18One thing that I would just add about Regroup, in case it's not clear from the conversation, is that the referral partner is not a system referral.

30:26Because of Jerome and Cameron's unique position within the community as trusted figures, as credible messengers, people with lived experience, they are really uniquely positioned to get direct referrals from people who are impacted.

30:39We call that a community referral.

30:42And I think it really goes to address kind of exactly what Cam and Jerome were talking about, which is kind of this gap in our public safety system, which is cases that go unreported.

30:52And so they're catching cases that have never— that were never going to touch the police department in the first place.

30:57I would also just say that both Cam and Jerome, not only do they have lived experience in the prison system, but they also have lived experience in restorative justice through their own past experiences, which are incredibly inspiring.

31:10We don't have time for here today, but I would encourage you to reach out to learn more about kind of their foundation.

31:18Before we open it up for questions, I just wanted to kind of consolidate what really the needs are that Mindy, Brandon, Cameron, and Jerome have really already spoken to.

31:29So from the sense of our system partners, it is so challenging to really shift the culture and the mindset towards restorative justice from our punishment system.

31:41And that makes a lot of sense.

31:43I think that thank you.

31:44I think that, you know, as a general understanding in our society, we have learned to equate justice with punishment.

31:51And there are a lot of ways to achieve justice.

31:54And I know from being in courtrooms and hearing dissatisfaction from victims, from responsible parties, that there really is a need for more restorative justice and for different approaches to harm that are not just our carceral system.

32:10That being said, some of these system partner relationships have really taken a lot of time.

32:16And we're finding that we need support and help in holding our system partners accountable to utilizing these programs from our elected officials.

32:26And so that's part of what we're asking here today is how City Council can help us with really trying to make these partnerships more fluid and to get referrals.

Loretta Smith 32:40 - 32:40

32:40Yeah.

Tristan Edwards 32:40 - 34:40

32:40I mean, Mindy, Brandon both spoke to the difficulties that we've had with getting referrals from and one thing I'll just say that is hopeful is that, you know, from talking to people who've gone through restorative justice processes, from looking at the results from these programs, this works.

33:00The individual who was the responsible party in the case that I showed the video for, throughout the process of the restorative justice program, he went from being homeless for several years and having a criminal record and a mental illness diagnosis some pretty significant anger issues, to getting really important and intensive therapy, to getting his commercial driver's license, which led to him getting a full-time job.

33:24And today he has his own stable apartment.

33:27He's been employed for many years.

33:28He's actually still in touch with the restorative justice program because those relationships were so important to him and is at a point of stability that is really something you don't typically see when people are going through the prison system.

33:40And for the record, his case, he was looking at close to 6 years in prison, mandatory minimum on that case.

33:48Instead, you know, didn't even engage in the criminal system, didn't get a conviction, and is in a place of being just much better positioned in the society and certainly offense-free.

34:00The second and always most important thing that we need is funding.

34:05There is a state grant that provides funding to restorative justice programs.

34:10Specifically programs that avoid a conviction, which is what all of these programs do.

34:20That state grant is always in different states of flux.

34:24It was granted $4 million for the biennium in 2025.

34:28We're now in the process of, you know, getting ready to make another ask in 2027.

34:33We have great partnership with the Criminal Justice Commission and the executive branch, but of course the legislature is a whole other animal.

Jamie Dunphy 34:40 - 34:40

34:40Yeah.

Tristan Edwards 34:40 - 35:36

34:40But I guess the thing that I really want to underscore is that these— the system partner engagement and the funding really go hand in hand.

34:47The lack of referrals that were going into the pre-arrest program, the juvenile program, and the adult restorative justice program in 2025 resulted in massive funding cuts for Lutheran Community Services Northwest and the Restorative Roots Project, where in the past they had received upwards of $700,000 from this committee.

35:10Thank you.

35:10Grant.

35:11Last year they experienced massive cuts because there wasn't the ability to demonstrate that there were meaningful system referral pathways.

35:19And so the city is missing out on really, really significant investment from the state because of this difficulty that we have with system partners getting referrals, you know, despite the fact that both of these programs have shown an immense amount of success when we can actually get cases in.

Steve Novick 35:37 - 36:01

35:37Thank you, Tristan.

35:38I actually, I was hoping to have the DA's office here today, but I heard this morning that they're not able to make it.

35:46We do have Chief Day here.

35:48And Councilor Rio, I know you've got— Vice Chair Rio, I know you've got your hand up, but I was wondering if you'd indulge me if I would ask Chief Day to come up and just have an exchange with— I'm sorry, is it Mindy from Lutheran Family Services?

Earl Riley 36:01 - 36:01

36:01Yes.

Steve Novick 36:04 - 36:15

36:04About, you know, what might be— how it could work better and what might be done to have more buy-in from the police.

36:13That's what I'd like to do.

36:13Councilor Murillo, go ahead with what you were going to ask or say.

Angelita Morillo 36:20 - 36:22

36:20Okay.

36:21Do you— are you trying to do that now or after?

Steve Novick 36:23 - 36:34

36:23I just— you were the only person with your hand up, so I was going to like ask you to ask your question, but then I did want to bring Chief Day up to have an okay, well, first of all, I just want to say I'm so delighted that you guys are here.

Angelita Morillo 36:34 - 37:24

36:34We had Restorative Roots come to our— one of our community events where we were providing different community services, and it was so special to have you guys there.

36:43And I think that in a country where we have one of the highest incarceration rates in the entire world, and yet we continue to see crime happen because people are impacted by issues that are not being touched on by the traditional criminal justice system, I think that that means we have to look at things like this.

37:00So your work is incredibly valuable, and I'm just very grateful that you're here and we're having this hard conversation today.

37:06I was curious, hearing for a few different things, the referral process, because I know it sounds like for Regroup, it's a community referral, correct?

37:17But then for Lutheran Community Services, does the referral come from PPB or from somebody else?

37:23It comes from PPB.

Mindy Johnston 37:26 - 37:57

37:26Yeah, so it depends on— based on those partnerships, it can come from a range.

37:31So it could be a community-based referral through our victim advocates who work in culturally specific communities.

37:38It can come from PPB, it comes from the Juvenile Department, it comes from the DA, and now we also have the PPS, the Portland Public Schools.

37:47So we're pretty much anywhere referrals can come through, system or community.

37:52And I'm curious, And I think you guys are the same, right?

37:56You can— yeah.

Tristan Edwards 37:58 - 38:05

37:58Yeah.

37:59One thing to mention is that with Lutheran Community Services Northwest, the DA relationship is specifically for juveniles.

Mindy Johnston 38:05 - 38:05

38:05Yes.

Angelita Morillo 38:06 - 38:28

38:06Gotcha.

38:06Okay, that's helpful.

38:08And for anyone who wants to answer this, what are some of the things that you look for, or what are the— I'm assuming it's less like metrics-based and more general, but what are some of the things that you look for in a person to say, okay, this person should probably go through a restorative justice process and not through the traditional model of accountability?

Tristan Edwards 38:29 - 41:21

38:29So I can take that one.

38:32As the defense representative with the Restorative Roots Project, a lot of my role when we were getting cases was to assess folks to see if they were suitable for the restorative justice program.

38:42One thing I'll mention is data has shown that restorative justice is most effective in instances where there is a threat of harm or there has been some sort of serious harm.

38:52And that's because we view it through the lens of the impact on the harmed party.

38:56If somebody steals your wallet, you just kind of want your wallet back.

39:01But if someone has burglarized your home or has threatened you in some way, it means a lot more to go through a process of accountability and hear that that person has really taken it seriously in understanding the impacts and trying to reform.

39:15So that's why the restorative roots thank you.

39:16So the Restorative Roots Project started with focusing on violent felony offenses.

39:21And when I would meet with clients, what I would look for is one, an acknowledgment that they participated in whatever harm occurred.

39:30It wasn't necessarily that they needed to be in a full, perfect state of remorse.

39:36A lot of the restorative roots or the restorative justice process is about helping people come to that place of accountability.

39:42But they at least needed to acknowledge that they had involvement, that there was something to be accountable for, that they could have and then from there, it's really just a willingness, an ability to be able to engage with a program that is rather intensive, and an understanding that they will need to be available, and that they will need to be reachable, and that they need to be showing up for appointments and meetings, and that this is going to take as long as it needs to.

40:12A lot of folks come with substance use, mental health issues, housing issues, and so it's a process.

40:17And I've actually really been impressed by the way that the Restorative Roots Project has been able to hold those things and really encourage that engagement, which I think is helpful because it comes from this place of mutual respect and relationship, as opposed to kind of a threat of punishment if you don't engage, which is something that we see, you know, when, like, in your classic pretrial release or probation relationships.

40:39And then lastly, a willingness to try and pay restitution if there is restitution to be owed in that case.

40:46Thank you.

40:47On the other end, harmed parties for the Restorative Roots Project need to at least agree that the case can go into restorative justice.

40:55They are never required to participate if that is not what feels good to them or what they think is going to be necessary for their healing.

41:04Some people say, I want to engage completely, I want to sit in circle with this person and have a true full accountability process.

41:11Some people say, I think that this is a great thing for this person who harmed me to go through, but it's not something that I want to participate in.

41:18Maybe I want to receive a letter at the end saying how it went.

Steve Novick 41:22 - 41:30

41:22Thank you, Tristan.

41:23Um, I would like to— to me, an important part of this is I do want to see Chief Day engage, and it would be—.

Angelita Morillo 41:31 - 41:33

41:31Can I get through my question with the panel first though?

Steve Novick 41:33 - 41:36

41:33Um, well, we're kind of, we're kind of running out of time.

Angelita Morillo 41:37 - 41:38

41:37But I get to talk to Chief Day all the time.

Steve Novick 41:38 - 41:53

41:38I don't get to talk to these well, but the issue here is having Chief Day engage with Mindy and give her an opportunity to say how she thinks the relationships could work and see him respond.

41:48So I apologize, but I would really like to see that kind of engagement.

Jamie Dunphy 41:53 - 41:54

41:53Sure.

Eric Zimmerman 41:54 - 41:57

41:54Was Chief Day informed that he was going to be a speaker for this topic today?

Steve Novick 41:57 - 42:00

41:57Yes.

41:58Okay.

41:58He was.

41:59That's why I asked him here.

Eric Zimmerman 42:00 - 42:07

42:00On the materials that came with this, not a presentation, not a list of presenters.

42:05So just be clear what we're doing here.

Steve Novick 42:08 - 42:13

42:08And actually, could I ask one of the panel members other than Mindy to step back so Chief Day could come up?

Cameron Hayes 42:15 - 42:17

42:15I'll step back.

Robert Taylor 42:18 - 42:19

42:18Good morning.

Bob Day 42:20 - 42:20

42:20Good, thank you.

Michael 42:20 - 42:21

42:20Good to see you.

Steve Novick 42:22 - 42:29

42:22So just, I mean, we need to keep this short, but Mindy, I just want to give you a chance to tell Chief Day how you would hope the relationship would work and give him a chance to respond.

Mindy Johnston 42:30 - 43:54

42:30Yeah, I just want to acknowledge that Chief Day has been supportive from the get-go.

42:35And I think it is a systems implementation issue.

42:39So I think for us, our realization over time, which I already mentioned, is how can we get this systematized so that it's not necessarily in individual officers' hands?

42:52We do— there's a new app that the PPB has created specifically for restorative justice referrals.

42:59Thank you.

42:59What we need is how do we push that out?

43:01How do we train folks to use it?

43:04And also what we've seen, as I mentioned in the DA referral cases, is getting the system partners out of it and letting us talk to people about it.

43:16There's a gray zone between even some of those pre-adjudicated youth cases that could have been referred from police.

43:25Officers are looking at what they can arrest or charge for and doing their job.

43:31And so we need to be creative in how we make it easy for them to send referrals.

43:38And I think we need that, you know, the leadership explicitly encouraging, and we've avoided the mandating 'cause we know that's not gonna work.

43:51But we need other creative ways to get the engagement.

Bob Day 43:56 - 47:30

43:56Yeah, thank you.

43:57Yeah, good morning, Councilor.

43:58Bob Day, Chief of Police.

44:00And first of all, just hats off.

44:02Thanks for sharing, everybody here at the table, for the good work.

44:05A core value of mine is redemption.

44:07I believe in the ability to redeem, and relying upon the criminal justice system or incarceration to do that, I don't believe is the only answer.

44:17I think that you know, the steps you're taking.

44:19So just thank you very much for that.

44:21And also thank you for the work Mindy and others have done.

44:25And so a couple things I want to highlight, and none of these are meant to be excuses, and I'll have a couple of practical solutions.

44:32But the Police Bureau was a leader in this conversation back in '19 and in '18, '19, '20 when we had our school resource officers.

44:40We did have a robust effort to try and bring in restorative justice into the police bureau.

44:47One of the failures since that— after that program was abolished is we haven't had anybody internally that's really owned it and shepherded it.

44:55So that's an awareness piece that I've learned and become more attuned to.

45:01I agree 100% that it's a systems issue.

45:04I don't believe it's a matter of officers don't care or aren't engaged.

45:10It just is lack of the bureau putting in clarity for them to be able to find those lanes to move forward in the demands of the day and the multitude of things that officers are faced with.

45:20You know, getting this to rise to the top of the pile for reflection, for time, for commitment, and so forth is a challenge.

45:28As mentioned, we did create the app.

45:31So a couple things that I just want to highlight going forward, some things that we're looking at is, you know, once again being able to reinforce.

45:39And I agree, I don't know that— I don't believe that at this point mandate is the appropriate approach, um, for forcing the issue.

45:46But looking at a variety of things, uh, both in our relationship with the DA's office, looking for more pathways between the two of us and seeing, um, them come on board and be more involved, hopefully we can sort of hold each other accountable to making sure that we're identifying the right cases.

46:03And I'll be asking when cases are identified by the DA's office why they weren't identified by us and where some of the gaps So that's been a significant improvement in the partnership.

46:14We're also looking at, you know, the potential of can we expand this into other areas besides just in the traditional patrol response.

46:23We obviously touch community in a variety of different ways, both whether it be in public order events and other types of situations besides just a 911 call.

46:33So there might be space there.

46:35I will say that, you know, for a longstanding history in the police bureau, juvenile cases are tough to navigate in general, just the understanding of the process they go through and so forth.

46:49So I think organizationally we can do a better job of helping them understand and see the role that specific— that Lutheran Family Services plays around juveniles.

46:59If I'm not mistaken, that's really the the bread and butter of what we're talking about.

47:04So I do think that there are areas where we have— I do recognize there are areas where we have not been as efficient.

47:10We've dropped the ball.

47:11And finally, this is something that I believe in.

47:14It's just a matter of we've had people come and go and retire.

47:17We just haven't had ownership.

47:18And so I'm going to try and bring some of that ownership.

47:20Councilor Novick, you surfacing this, bringing this to the table today, I'm encouraged in what I've heard.

47:26So I'm going to have to go back and do some work to find some ownership to increase those referrals.

Angelita Morillo 47:30 - 47:30

47:30Thank you.

Steve Novick 47:32 - 47:39

47:32Thank you, Chief.

47:33And Councilor Maria, we'll circle back to you, but I just wanted to give Councilor Zimmerman and Councilor Smith a chance to ask their questions.

Eric Zimmerman 47:40 - 47:57

47:40Okay, thank you.

47:45Um, this makes a lot of sense for me when I'm, when I'm talking about youth offenses, right?

47:54As somebody who coached high school, like, this is just part of working with youth.

Brandon Brown 47:58 - 47:58

47:58Right.

Eric Zimmerman 47:58 - 49:07

47:58And I think that that makes a ton of sense to me.

48:02Um, it gets harder for me when we're not clear about what types of crimes for adults.

48:10And, and I'm trying to understand how to marry these 2 things up because I don't think it can be an all or nothing.

48:17And so when we're talking about, uh, there are a few quotes that just got me, got me thinking.

48:23It's like the relationship needs repair, but it left something to be desired.

48:29It's like, but also there was a crime committed against someone, and sometimes there is no relationship there other than a random act of violence or what have you.

48:39So in a victim's perspective, I don't need a relationship repaired with somebody I don't know necessarily.

48:44There are times when I think that that video showed a really interesting experience, but I'm just trying to get a sense for, particularly with adults, what are the types of crimes or offenses or situations where this wouldn't be appropriate?

49:01It might be— maybe that's a shorter list, maybe that's a longer list.

49:04I'm actually not sure.

49:05I'm curious what your gut—.

Brandon Brown 49:07 - 49:32

49:07I'm going to be honest.

49:08Um, yeah, so restorative justice work gets done all over the nation, not just here in Oregon.

49:15And this has worked in murder cases.

49:19There's not one type of case that you can't see restorative justice come across where it does not work.

49:26It works everywhere, and it could work in all of the systems that we have implemented already.

Eric Zimmerman 49:34 - 49:51

49:34So that, that tells me then it's important not to take statements like avoiding charges is not— that, that is not a prelude to restorative justice.

49:43It means that that can happen later after charges have occurred, after sentences have occurred.

49:48There are other aspects here.

49:50I know you were raising your hand.

49:51Please go ahead.

Cameron Hayes 49:51 - 51:01

49:51Uh, yes, please.

49:53So one of the number one things almost universally you'll hear victims say as one of their top priorities is to make sure this doesn't happen to anybody else.

50:03And the thing is, is that incarceration, um, doesn't provide that, right?

50:08It provides, um, a maybe a one definition accountability, but true accountability means internalizing the harm and living amends by, number one, not reoffending, right?

50:21And so with everybody, I would say it's not necessarily the crime but the person, right?

50:26If we look at people as a bell curve, you're gonna have this one portion over here that's just never gonna change, this portion that's gonna change no matter what, but this great majority of people need some help, right?

50:36They need a process to internalize the harm and, and help along those ways.

50:42And so I think as practitioners, we believe that the incarceration just causes more harm, and restorative justice at least has this major potential to bring healing to more or less degree.

50:57And so that's why we as practitioners believe restorative justice is the best way to go.

Eric Zimmerman 51:01 - 51:02

51:01That's really helpful.

Mindy Johnston 51:03 - 51:55

51:03And I would like to add one more thing.

51:06So we've also had cases where the survivor doesn't want it to go through the criminal justice system.

51:14They still wanna see something happen.

51:17They don't actually wanna engage, but they wanna see the responsible party be accountable.

51:23So we've also used what we call surrogate victims.

51:27So other survivors who have had a similar type of crime can basically volunteer with us and they come and engage in that restorative process with the responsible party.

51:38And we've seen that with car theft, hate crimes.

51:43Like, we've had a lot of cases where a surrogate will actually step in and it has the same success and impact as if you engaged the direct survivor of that crime.

Eric Zimmerman 51:56 - 52:22

51:56Okay, that kind of goes to my next question.

52:01You had mentioned it's to, to make this more systemic, that it's not in the individual officer's hands to make a call.

52:08And the question that popped up when you say that was, what about the individual or the group of victims and their position?

52:16Because what if I as a victim just don't want to engage here?

Mindy Johnston 52:22 - 52:23

52:22Then you don't have to.

Angelita Morillo 52:23 - 52:24

52:23And I think that's the beauty.

Mindy Johnston 52:24 - 52:54

52:24I I think what we would all say is we know that not every case is going to be appropriate for restorative justice.

52:32We also see a sort of paternalistic system that thinks it knows best for survivors, and people don't always want that system.

52:41And so we're giving people a choice, and they absolutely have the choice to engage.

52:46And if they say no, or if even a case starts with restorative justice and it's unsuccessful, it's gonna go back to the system.

52:53It doesn't just disappear.

Bob Day 52:54 - 52:54

52:54Thank you.

Eric Zimmerman 52:54 - 52:55

52:54I think that's a great point.

Mindy Johnston 52:56 - 53:27

52:56Yeah, it's still— there's still accountability.

52:58There's still something that happened that is going to be dealt with.

53:02But also, like, we see a lot— some of the cases, it's like, is this case actually just going to get dismissed anyway?

53:08But we— there was still a harm that happened.

53:10And that's why all of us have this continuum of service, whether it's in community or connected to the criminal justice system.

53:18At any point, there is a a branch to go to restorative justice.

53:22Not everyone's going to want it, but a lot of people will want it, but they don't know it's an option.

Eric Zimmerman 53:28 - 53:43

53:28And lastly, I think just, um, well, just 2 quick points.

53:34I think one concern that I have on, on this, given that the title of your organization has Lutheran in it, do I have to engage with a religious service to access this?

Mindy Johnston 53:43 - 53:46

53:43No, we're a nonprofit just like the YMCA, YWCA.

Eric Zimmerman 53:46 - 54:09

53:46Well, there's a lot of nonprofits who have yeah.

53:48Are related to religious services.

53:49So I just, for my engagement in a criminal justice system to be reliant on my engagement with a religious system, that does raise a couple of just like, does that make sense concerns?

54:02I offer it not, there's probably no fix in the room here.

54:06I just say that that's one of those like, let me think about that a little bit.

Mindy Johnston 54:09 - 54:27

54:09Yeah, we're a nonprofit.

54:11It has faith-based roots, but we're a nonprofit that is, You know, serves everybody regardless of all the, you know, special class privileges.

54:21And it is, you know, we know people sometimes will say, I'm not Lutheran.

54:24It's like, we don't— it's okay.

54:26You don't have to be Lutheran.

Eric Zimmerman 54:27 - 55:13

54:27The balance between, the balance between, I think, is the hard part here, right?

54:31I think that often we think about this, we think, what are the types of crimes that make sense?

54:36What are the types of situations that make sense?

54:38And I think that's the great balance that I've certainly not, when I was at the county or over here at the city, quite figured out.

54:45I think that, um, you know, the last DA talked a lot about it and then kind of got walloped by the public in his reelection because it felt like things weren't— the, the most— the lower-level crimes weren't being dealt with in a way.

55:00And it was, is this the— is this the reason?

55:02Is this not?

55:03How do you do both?

55:04I appreciate that you said that if a person chooses not to engage with the restorative justice, that the charge still exists, the, the, the regular system still exists.

Loretta Smith 55:13 - 55:13

55:13I—.

Eric Zimmerman 55:14 - 55:34

55:14This balance is going to be the great balance for all chiefs and all sheriffs and all DAs and judges, frankly, going forward.

55:20Um, thanks for that.

55:22I appreciate kind of hearing this.

55:23I think it will be a struggle because it, it doesn't seem like one way or the other is the answer at all.

55:28I think we probably did decades of one way, but then maybe 4 years of trying it the other way, and that also kind of rebounded in a, in a funny way.

Brandon Brown 55:35 - 55:36

55:35So thanks.

Steve Novick 55:36 - 55:38

55:36Thank you, Councilor.

55:37Councilor Smith.

Loretta Smith 55:40 - 56:04

55:40Thank you, Mr.

55:41Chair.

55:41Thank you all for the presentation.

55:44Um, just so that I'm, I'm caught up on everything, normally don't we generally have an RFP for this kind of work that we put into bureaus?

55:55I, I was thinking, um, as I was listening to this, is this a part of Stephanie Howard's no, it's not.

Mindy Johnston 56:04 - 56:41

56:04So we're all funded through the state grant through the Criminal Justice Commission, the Restorative Justice Grant.

56:10Okay.

56:10And then we have a tiny— Justice Forward has a little bit of money from Multnomah County Juvenile Services Division.

56:17So I think that's part of the point Tristan was making is as a city, there's no money being put into this right now.

56:25There's some, a tiny bit under $100,000 of county money.

56:30And otherwise, this is all state money, and we've tried to get some engagement with the Office of Violence Prevention, and we have not been successful at that.

56:40But it makes sense.

Loretta Smith 56:41 - 57:09

56:41I think that would be— Chief, that would be an opportunity where we probably want to start this, because I think the impression that, that is given through this presentation is that we're doing— we're not doing something that we're supposed to be doing, but we generally don't do it until we actually have RFPs and have set up stuff.

57:06And that's why I was wondering where this was coming from.

Mindy Johnston 57:09 - 57:30

57:09Yeah, we all have MOUs.

57:11So I think, you know, there's, there's 2 pieces.

57:15There's a funding piece.

57:16You need the funding to get the work going.

57:18But what you actually need is MOUs and agreements with systems partners, which we have.

57:24All the people working with systems partners have those official MOUs and benefit from—.

Loretta Smith 57:30 - 57:33

57:30And you have one with the chief?

Mindy Johnston 57:33 - 57:33

57:33Yes.

Loretta Smith 57:33 - 57:48

57:33Okay, perfect.

57:36In a— if you had a magic wand to wave around, what would be your first thing that you would want us to engage with you with?

Tristan Edwards 57:49 - 58:20

57:49I think if I had a magic wand, I would want every survivor and I think another piece of it, more kind of more practically in terms of what can the City Council do, is to continue to follow up on these relationships.

58:08I think in particular, the relationship between Lutheran and Portland Police Bureau because of the relationship with the city, to check in and to see how is the development going?

58:18Have there been advances made?

Edith Thrower 58:20 - 58:20

58:20And I think that's something that we can continue to do.

Tristan Edwards 58:20 - 58:57

58:20The relationship has existed for 4 years, close to 4 years, and there have been continuing struggles to get a consistent stream of referrals into the program.

58:31And so I think— and the same goes for partnerships with the District Attorney's Office.

58:36And I think what we are seeing is that it needs more support and accountability and oversight from our local government.

58:48And when we stand up and say that there are restorative justices available in Portland, that means something real.

Loretta Smith 58:58 - 1:00:52

58:58And so I think a better— I think that's great, we can do that as well, but we no longer are responsible for bureaus anymore, and the police bureau is under the mayor's office and the city administrator.

59:10And so that relationship that you're talking about, I think, is important.

59:11Talking about, I think it's going to have to come first with those 2 parties first to see what that looks like.

59:20And I'm not sure what the MOU says or what, what the requirement— I'm behind the 8-ball on this.

59:26I'm not sure what the, what the MOU says in terms of what our relationship will be, if there's a guaranteed number of how many referrals are done a month, or if there's a guaranteed number of how much money that we're going to put into it, because we're the money side of it.

59:41They have to be the one that implement it.

59:43We don't get to tell them what to do anymore.

59:47So, so that's why I'm trying to figure out the connection.

59:50But I do understand what you're saying, because I think that restorative justice is necessary and it's needed, and it is really helpful in terms of making sure that folks, when they re-enter the community, that they have opportunities to not just survive, but they can thrive in a community that is welcoming and that has opportunities for them too.

1:00:11So that is, that is where I sit.

1:00:13That's why I do the summer jobs program.

1:00:16That's why I try to do the apprenticeship program so that folks can get placed in these kinds of things where they can get living wage jobs and, and have those relationships.

1:00:28So I think we We do play a part in trying to make sure relationships are going, but at the end of the day, I just want you to know that I think the MOU is where you start and getting some of that language in there that makes sense so you can have a definite number.

1:00:49And it's not as— it seems like it's a voluntary thing right now.

Tristan Edwards 1:00:53 - 1:01:11

1:00:53Well, I mean, part of part of the issue that we've had is that we've had memorandums of understanding with DA's office, with Portland Police Bureau for many years.

1:01:02And we've learned that having signatures on a piece of paper simply isn't sufficient to making these referrals come through in a way that is meaningful.

Loretta Smith 1:01:12 - 1:01:12

1:01:12Right.

Tristan Edwards 1:01:12 - 1:01:38

1:01:12One thing that I'll offer, similar conversations have been happening on the county side during their budgeting process.

1:01:18And the county did end up passing a budget note with $250,000 of contingency funding, which is associated with a workgroup that they're developing to examine these relationships and try to, you know, have the county play a role in figuring out how do we get referrals into these programs.

Bob Day 1:01:38 - 1:01:39

1:01:38Right.

Tristan Edwards 1:01:39 - 1:01:54

1:01:39And I think any support that we can have from the county, from the city, in terms of, you know, asking questions and also being involved in making sure that these system relationships are real relationships where they're functioning is going to be helpful.

Loretta Smith 1:01:55 - 1:03:36

1:01:55Yeah, I think so.

1:01:57And going forward, because we just approved all of our amendments and budgets, budget notes last week, which are gonna be ratified this week.

1:02:05And I don't know that there's any space for that for this '26-'27 year.

1:02:12So I think you have to work backwards and make sure that you have those conversations early on, because we were, you know, in the, in the police budget, their, their training dollars were cut, um, by $5 million.

1:02:28Their PS3s were cut by 23, 26 folks.

1:02:33So, um, the, the budget is small, and so for us to direct at this point— I'm I can't promise the direction for this point because we're finished and we're past that.

1:02:43But in terms of going forward, I think you keep talking to us and putting the pressure on us to see what can we do.

1:02:50Because I don't like— this is what I don't like.

1:02:53I don't like us having conversations with community groups and giving them the impression that we can do something that we can't.

1:02:59And if we can't do it, then we should say that we can't do it.

1:03:04But to lead you on and to have this conversation, I, I don't think it's right.

1:03:10So for me, um, either we say we can't do it or we're not going to do it, it's not going to be meaningful, or it is, and, and then we move on to something else.

1:03:19So, um, being a member of this, of this committee, that's what I would like to see us and how we move around in the community and how we're being helpful in making sure that we're we're being a very transparent partner.

1:03:35So thank you for coming.

Earl Riley 1:03:37 - 1:03:37

1:03:37Thank you.

Steve Novick 1:03:38 - 1:04:49

1:03:38Thank you, Councilor Smith.

1:03:39I just wanted to say that one of the things I had in mind when I asked for this panel is that last year we had a discussion in this committee and also at LPSIC about the fact that there was a tool that the police weren't really thinking of very much, which is extreme risk protection orders to take guns out of the hands of people who are a danger to themselves or others.

1:04:04And Portland was underutilizing that tool, and it might have happened without this committee looking at it, but we helped shine a light on that tool.

1:04:11And since then, the Police Bureau has dramatically increased its use of it.

1:04:16And I think that we've just heard Chief Day say that he is interested in improving this relationship, and I'm hoping, although Very sensitive to Councilor Smith's point about the police not having much money for training.

1:04:29I'm hopeful that this will lead to further engagement by the police bureau with Mindy's folks, and we might see simply from raising the issue some actual results.

1:04:42I want to— I think at this point we know we're not gonna get to psychedelics, but I do wanna wrap this up in the next couple minutes.

1:04:47Councilor Murillo, last word.

Angelita Morillo 1:04:50 - 1:06:28

1:04:50Thank you.

1:04:51And yeah, I presume we're not going to be getting to that final item today.

1:04:56I think that there— our budget is part of what we prioritize, and a $5 million cut to training within PPB's budget does not mean that we don't have the expansive budget to do this type of work.

1:05:08So I think that's going to be a decision for the Bureau to make if Council is not going to be adjusting all of that individually.

1:05:15I will say I hope that the community referrals are the biggest aspect of this because I was a little bit disturbed to hear that school resource officers were being used as like a key point of referrals for juveniles because it's my understanding from all the statistics that I've read that school resource officers tend to target Black and brown youth, particularly Black youth, more than any other demographic.

1:05:38And so the idea that the same institutions that that are biased against the people who need these restorative justice practices the most, it doesn't really make sense to me about how that would work out as far as those referrals go.

1:05:53And that's not, you know, shame to any individual school resource officers or anything like that.

1:05:58It is a system that is harming individuals.

1:06:01But these things, we're talking about the school-to-prison pipeline.

1:06:05So I would love, and clearly there's an appetite to have more of this conversation, so I hope that you guys get an opportunity I have way more questions to ask than we have time for today.

1:06:15But, you know, I want to hear about how those referrals work when the people that we're depending on referrals from are not necessarily engaged in this system in the ways that they should be.

1:06:26But thank you so much for your time today.

1:06:27Really appreciate your presentations.

Tristan Edwards 1:06:28 - 1:06:30

1:06:28Thank you.

Steve Novick 1:06:30 - 1:06:31

1:06:30Councilor Kanal, very quickly.

Sameer Kanal 1:06:32 - 1:06:48

1:06:32I just had a question about if there is a numerical goal for the number of referrals or for the I was hoping that we could get an answer on that, um, in terms of the next year or so, or even if it's a 2-year goal.

Mindy Johnston 1:06:49 - 1:06:58

1:06:49We would be so happy to get 15 to 20 cases in a year.

1:06:53Last year we had 1 referral, so anything is going to be an improvement.

Sameer Kanal 1:07:00 - 1:07:11

1:07:00I, I appreciate that, and I apologize for not being clear on that.

1:07:03I was actually— I really am I'm glad that you gave it from your perspective.

1:07:06I was hoping to hear from Chief Day what their numerical goal is as well.

Steve Novick 1:07:11 - 1:07:17

1:07:11Yeah, Chief Day, my guess is you don't have a numeric goal, but you want to take a shot at that?

Bob Day 1:07:17 - 1:07:24

1:07:17No, I'm going to say I don't have a goal.

1:07:20Yeah, thank you, but we'll keep in the conversation.

1:07:23Thank you very much.

Steve Novick 1:07:24 - 1:07:38

1:07:24Thank you.

1:07:26Thank you.

1:07:27Thank you all very, very much.

1:07:29I really appreciated this.

1:07:31Really appreciate it.

1:07:32You're making the time to be here.

1:07:33Appreciate it, Chief Day, taking the time to be here.

1:07:36Could the clerk read the next item?

Tristan Edwards 1:07:39 - 1:07:49

1:07:39Item number 3, document number 2026-201, Focused Intervention Team Community Oversight Group.

Steve Novick 1:07:52 - 1:08:05

1:07:52Thank you very much.

1:07:54And actually, I don't have a list of who wants to speak first, so Uh, whatever you've pre— whatever you— whatever you've predetermined about who wants to go first, uh, take it away.

Edith Thrower 1:08:05 - 1:09:42

1:08:05Okay, thank you.

1:08:09And get our PowerPoint loaded.

1:08:14Greetings and good morning.

1:08:17Thank you for, uh, allowing the Focus Intervention Team Community Oversight Group to present during Gun Violence Awareness Month, and thank you especially, Councilor Novak, for squeezing us into your agenda so quickly.

1:08:33We greatly appreciate that.

1:08:35My name is Edith Thrower.

1:08:37I am the program manager for the Focus Intervention Team Community Oversight Group, um, FITCOG for short.

1:08:45And to my immediate left is Earl Riley.

1:08:49He is the vice chair of the FITCOG.

1:08:52And he will also, uh, be presenting, um, as well as Commander Crooker from, uh, PPB, also command, among many other things, the focus intervention team.

1:09:08Uh, Ladaquan Watley— I just want to mention this— is the chair of the FITCOG, and he had a family emergency, um, and pretty tragic, actually.

1:09:19So we're keeping him in our thoughts, or else he would be doing what I'm doing this morning.

1:09:27I want to acknowledge another member of our team who will not be speaking today, but who is present to support us, and that's Liz Taylor back there.

1:09:37And you've— many of you have seen her in City Council.

Angelita Morillo 1:09:45 - 1:09:48

1:09:45Next slide.

Edith Thrower 1:09:49 - 1:10:13

1:09:49So I'm going to pass the baton to Earl Riley, the vice chair, and he will lead us in our discussion and, uh, and defer to me when he needs to.

1:10:01Um, again, thank you.

1:10:03Um, I would like to say, uh, this, uh, the impetus for us being here is that we don't think okay, I'm sorry, the commander is going to go first.

1:10:12Oh, thank you.

Steve Novick 1:10:14 - 1:10:14

1:10:14Is that—.

Edith Thrower 1:10:15 - 1:10:31

1:10:15We, we were, we were not certain that you knew, um, about us.

1:10:18We wanted you to see our beautiful smiling faces, and we wanted to get to know you and for you to get to know us, and in my opinion, the important work that this team does.

1:10:31Commander?

James Crooker 1:10:32 - 1:13:30

1:10:32All right, thank you, Edith.

1:10:34Uh, good morning, everybody.

1:10:35This is, uh, A good opportunity to highlight this collaboration that's been going on for a few years now, so I appreciate it.

1:10:40My name is James Crooker.

1:10:41I'm the commander of the Specialized Resources Division, which includes a number of units including the Focused Intervention Team, the Enhanced Community Safety Team, CERT, and our NIBIN program.

1:10:53In 2021, the City of Portland experienced a gun violence crisis that was unlike anything that we had ever seen before.

1:11:00Shootings reached record levels.

1:11:01With 1,315 shootings in that year.

1:11:06And I was approached and asked to create a team focused on gun violence, which later became known as the Focused Intervention Team.

1:11:14It was clear that we needed to start this team differently than we had used in any other approach previous.

1:11:22It had to be tailored around the community's needs and our legal environment while following the best practices in gun violence this required collaboration with a number of partners and a real investment in education in the discipline of gun violence reduction.

1:11:39The FIT team was built to have a data-driven and investigation-driven approach with accountability and legitimacy at the heart of all of their interactions with the community from the very beginning.

1:11:49The Focused Intervention Team Community Oversight Group, or FITCOG, was created alongside FIT as a partner to ensure that the community's voice and legitimacy were built into every strategy.

1:12:00The FITCOG was not an afterthought.

1:12:03FITCOG was designed as a core part of our model.

1:12:07In January of 2022, the newly developed FIT team began its work.

1:12:13To this day, it remains the only uniformed team in the Portland Police Bureau whose full-time mission it is to address gun violence.

1:12:20FIT officers develop deep, real-time knowledge of gun violence trends, groups in conflict, and active investigations including homicides.

1:12:28In addition to ongoing community feedback, they receive ongoing enhanced training in a variety of topics including touch DNA collection and a number of other areas which I can go into during the Q&A session if needed.

1:12:40The FIT team works closely with our NIBIN coordinator and our Strategic Services Division to identify and prioritize repeat, repeat crime guns.

1:12:48So those are guns that are involved in more than one shooting.

1:12:51This focus is why FIT regularly attends high-risk events such as funerals, parades, and large gatherings with a history of violence or the likelihood of retaliation.

1:13:01They are very effective at interrupting the cycle of violence wherever they go.

1:13:06The FIT officers also participate in biweekly shooting reviews with a number of partners, including the U.S. Attorney's Office, The FBI, neighboring agencies, the DA's office, the ceasefire partners, and a number of other partners.

1:13:18An important internal Portland Police Bureau partnership to highlight is the relationship between the FIT team and the Enhanced Community Safety Team.

1:13:29Can you hear me?

Mindy Johnston 1:13:30 - 1:13:30

1:13:30Yes.

James Crooker 1:13:30 - 1:16:33

1:13:30All right.

1:13:33The important relationship between PPB's FIT team and ECST Their collaboration has strengthened the investigative capacity in both units.

1:13:42ECST now generates the highest volume of missions for our CERT team, which increased from 114 missions in 2021 to 222 in 2025, and I believe that'll exceed 300 this year.

1:13:55These are almost all search warrants and arrest warrants related to gun violence cases, and every single time we execute one of these, it has an immediate impact in stopping ongoing gun violence with At this point in 2024, we had already begun seeing significant reductions of gun violence from its peak.

1:14:16And at this point in 2024, we were at 30 homicides year to date.

1:14:21As of now in 2026, we continue to improve.

1:14:24We are currently at 11 as, as I'm sitting here right now.

1:14:28And all of the partners that I've mentioned in this introduction are extremely busy with those cases.

1:14:33Thank you.

1:14:34And focused on trying to prevent any more cases from occurring.

1:14:38FITCOG members have participated in every FIT officer selection process since the team was created.

1:14:43That includes the sergeant positions.

1:14:45The chair and the vice chair joined me in Florida for a week-long executive law enforcement training through the FBI's Project Safe Neighborhoods program, and the Portland Police Bureau and the City of Portland have also invested in sending leaders in in the Bureau as well as other parts of the city to the University of Chicago's Policing Leadership Academy for a 6-month-long master's level program focused on the latest practices in gun violence reduction.

1:15:12FIT is critical to implementing these strategies with our partners.

1:15:15FIT and the FITCOG meets regularly so that these strategies and community-police interactions are continuously discussed and reviewed through a lens of legitimacy.

1:15:24FIT is the only uniformed PPB member that has such direct relationship with the community group, constantly shaping and improving community interactions while engaging in this extremely dangerous work.

1:15:34Treating the community with respect, dignity, and fairness remains central to the FIT team's work.

1:15:39The FIT COG helps to keep us accountable to that standard.

1:15:42These integrated public safety partnerships have resulted in shooting incidents dropping from 1,315 documented shootings in 2021 to 574 in 2025.

1:15:53And I didn't write this down, but in April we just experienced the lowest number of shootings that brought us back to pre-2019 levels.

1:16:00And just today I received a report showing that our shootings for the month of May were below 40, and that's, I think, the 4th consecutive month below 40 that we've seen.

1:16:10And in the previous 5 years, I think we only saw that one time.

1:16:13While we've made real progress, gun violence does continue to have a lasting impact on individuals and on our community.

1:16:20There is still more work to do, and I'd like to thank the FITCOG's current and past members for their selflessness in volunteering for this civic partnership.

1:16:28I'll be available after the presentation for questions.

1:16:31With that, I'll turn it back over to Edith or Earl.

Earl Riley 1:16:36 - 1:19:23

1:16:36Thank you very much.

1:16:37My name is Earl Riley, Vice Chair of FITCOG.

1:16:42FITCOG launched on June 23rd, 2019.

1:16:4521 Members recruited by City Council and, you know, neogov, but officially appointed by the mayor.

1:16:55Members have varying backgrounds, like the— I believe our vice chair and chair before was Edward— Pastor Edwards and Kim.

1:17:08And then we had Terrence Hayes, who also ran for City Council.

1:17:13And Dr. Gina Rowland.

1:17:15And then we preceded me, Juma and myself.

1:17:21Let's see, people with lived experience.

1:17:23I came in with lived experience.

1:17:26Juma also is a community member as well.

1:17:30We assist with recommendations to reduce gun violence through prevention and intervention and response.

1:17:37Actively recruiting right now.

1:17:39I'll just speak off of that.

1:17:42I would say I personally have helped and called and emailed lieutenant.

1:17:52Just being a community member, I've emailed and called Lieutenant and talked with him because I've gotten information from community members who have seen gun violence and have been involved and I was able to call and let them know about activity that goes on in the community.

1:18:12A little bit about myself, I was also involved in gang violence at a young age.

1:18:20I've been through the system.

1:18:22So it was a little bit hard for me at first being on this, on this committee and doing ride-alongs because Of course, there was a mistrust when it came to dealing with the PBB or Portland, the police.

1:18:38So working with FITCOC has helped me, I believe, gain more trust with PBB.

1:18:47I'm able to go on ride-alongs, go to roll calls, and be able to comfortably sit and talk with them and talk about issues in the community.

1:18:59And I will say FIT has made it very, very easy working with some of the officers, understanding because they understand and want to understand, and they have the compassion to want to understand and deal with the community and work with the community.

1:19:16We go to the next slide.

1:19:23What's that?

Edith Thrower 1:19:24 - 1:19:30

1:19:24It's down there, but we can go straight to current projects.

1:19:28You wanna talk about the FITCOG?

Earl Riley 1:19:30 - 1:20:10

1:19:30No, we can go to current projects.

1:19:31All right, so current projects right now, we have a survey that we have developed that basically has a scan you can scan in, and we put it out in the community, and the community basically have given us feedback on what they see in certain areas.

1:19:51We put the actual survey in different demographics, like people who live in higher earning communities and lower earning communities.

1:20:03And we've got pretty much the same feedback.

1:20:08They want to see a change and—.

Eric Zimmerman 1:20:10 - 1:20:14

1:20:10For what?

Angelita Morillo 1:20:15 - 1:20:16

1:20:15General feedback.

Earl Riley 1:20:16 - 1:21:23

1:20:16Yeah, uh, the respondents from a wide range of Portland neighborhoods describe regular exposure to shootings, stabbings, overdose, uh, break-ins and thefts, street racing, frequent police and emergency responses, uh, and, uh, excuse me, strong support for combined approach and accountability and provision, uh, prevention.

1:20:40There's no single preferred solution, and residents consistently expressed support for outreach events, block parties, foot patrols, regular non-crisis engagement, and being able to recognize and know officers, which leads to a recommendation that PB— the COG came up with and discussed with PBB about the patches.

1:21:04So now FIT-COG does have patches that are— they can be identified in the community when they're out and serving the community, which I think helps a lot.

1:21:13It kind of helps them stick out like a sore thumb when it comes to them doing work in the community and going to events.

1:21:20People know who the FIT officers are.

Mindy Johnston 1:21:24 - 1:21:25

1:21:24All right.

Tristan Edwards 1:21:26 - 1:21:27

1:21:26Service activities.

Earl Riley 1:21:28 - 1:21:46

1:21:28Our service activities, we do things like ride-alongs.

1:21:32We go to, we go to let's see, the roll calls, uh, we do it.

1:21:40Community engagements, we invite the FIT officers out to community engagements.

1:21:44They're very active in the community.

Edith Thrower 1:21:48 - 1:21:50

1:21:48Um, get back, see this.

Earl Riley 1:21:52 - 1:23:22

1:21:52Okay, in the beginning of— sorry guys, I'm, I'm trying to read this.

1:21:57Uh, in the beginning of August 1st, 2025, a FIT, uh, FIT COG workgroup recommended in lieu of 2 FITCOG meetings per month.

1:22:09That member engaged in a service activity to enhance learning and build relationships and inform recommendations.

1:22:18For example, if we— if you choose, you could discuss some of the activities below.

1:22:24We go on ride-alongs, attend a FIT roll call, we participate in FIT interviews, we the COG, the vice chair and the chair himself, we actually are very active in interviewing new FIT officers.

1:22:40And also we interview some members that come onto the COG as well.

1:22:47We do one-to-one with FIT officers, one-on-ones with FIT officers, relevant neighborhood associations and community meetings or events.

1:22:57We attend other city public safety advisory body meetings or events, Community Police Academy, citizen review committee meetings, police review board meetings, Portland Committee and Community Engaged Policing meetings, training advisory council meetings, police equity advisory council meetings, and community board for police academy meetings.

Edith Thrower 1:23:23 - 1:24:57

1:23:23All right.

1:23:24Okay, uh, thank you, Earl.

1:23:26Um, and so, and those are just some of the things that they, that they can do, and, um, and, and all to, uh, gather information, build relationships, and build up, build their learnings to inform their recommendations.

1:23:43So, um, the, the group thought it was more practical, uh, a better use of time to engage in these service activities.

1:23:54Um, I would like to share another current project of the FITCOG, and that is that a direct, um, observation assessment tool for ride-alongs.

1:24:05And I, I won't go over the tool unless you ask me specific questions.

1:24:08I did bring it with me.

1:24:10However, what that encompasses, it's, it's intended to support FITCOG's oversight and learning by capturing capturing high-level observations about how the FIT engages with the community and partners.

1:24:22It is not intended, however, to evaluate individual officers or document specific incidents.

1:24:28And they're careful to avoid overreach into operational and personnel-level evaluation.

1:24:37Many of our members have been on ride-alongs, and it is pretty much required that they do it on a regular basis, again, to gain learning, to enhance their learning, to inform their recommendations, to be able to better engage with the officers and, uh, make suggestions about how they police.

Loretta Smith 1:25:01 - 1:25:01

1:25:01Another—.

Edith Thrower 1:25:01 - 1:28:42

1:25:01I'm sorry, could you go back to the previous slide?

1:25:07The performance dashboard, um, assesses whether FITCAG is an effective oversight and advisory body.

1:25:15So the dashboard is in the works.

1:25:17It will likely be an interactive Excel dashboard but will include the repeatable survey that Earl, uh, spoke of earlier, uh, the repeatable community impact survey.

1:25:30And it will also include information gathered from the ride-alongs that Earl also noted.

1:25:37Together with this dashboard to include information that is gathered from the community, to include information that is gathered during ride-alongs, this group believes that it will be able to track its own effectiveness as an advisory body, assess community-level impact of the focus intervention team, The fit and systemically or systematically capture learning from direct observation activities.

1:26:06This approach is consistent with the intent to support data-informed recommendations, community temperature checks, and continuous improvement, and builds directly on the findings from the themes identified in the community engagement survey that Earl referenced earlier.

1:26:25Um, The data collected, however, and I wanna note, is unofficial and for the express purpose of informing recommendations.

1:26:34PPB collects data, as you know, and that is obviously official public safety data, whereas this is designed to inform FITCOG recommendations.

1:26:48Sorry, I didn't bring my glasses.

1:26:54Another, another, uh, another current project is, uh, forming community partnerships with community-based organizations that share FITCAG's mission.

1:27:06So a memorandum of agreement is underway in a subcommittee and being crafted for, uh, city attorney's review, after which community partnerships will be formed with a view toward expanding community outreach and learning more about community public safety concerns.

1:27:25And there have been several community groups who have expressed an interest in partnering with the FITCOG, like Dads Helping Dads, Elate for Youth, Black Men in Training, just for example, and there are many more.

1:27:37So we're, we're really excited about that.

1:27:39As you may know, the FITCOG has met all around the city and all around the county trying to get in areas, trying to get in the troubled areas, uh, trying to engage those communities.

1:27:50And sometimes we have a— we, we gather a big crowd, sometimes they gather a very small crowd.

1:27:55So they came up with the idea of partnering with organizations to help, um, inform the community better about, um, what the FITCOG is doing, what the FIT is doing, and also to get, uh, to better assess their concerns around public safety.

1:28:13Earl also talked about, um, participating in FIT interviews.

1:28:20So the FITCOG has been allowed the privilege and honor of participating in interviews where 2 members typically sit on an interview panel to interview officers and sergeants.

1:28:32They've been doing this, I think, since the very beginning of the group.

1:28:38And Earl, I don't know, you've been in an interview.

1:28:40Can you share your interview experience?

Earl Riley 1:28:43 - 1:28:51

1:28:43I've only interviewed, I believe, just COG members.

1:28:47I've never had the opportunity to really interview officers.

1:28:50I believe that was just Juma.

Edith Thrower 1:28:52 - 1:29:47

1:28:52Some of the questions that they ask in these interviews of fit officers and sergeants are, what are your strategies for building trust with the community?

1:29:01Describe a time you had a difficult dispute and what was the outcome.

1:29:05Questions are already prepared for the officers by the FIT.

1:29:09However, FITCOG members are allowed to ask questions.

1:29:14So the ongoing compact survey, the service activities in lieu of a monthly meeting, the direct observation assessment tool for ride-alongs, the FITCOG performance dashboards to assess FITCAG's effectiveness and forming community partnerships with community-based organizations are just a few of the current projects on the table with the FITCAG.

1:29:43Currently, there are 2 recommendations being considered by the mayor's office.

Loretta Smith 1:29:48 - 1:29:48

1:29:48Earl?

Earl Riley 1:29:50 - 1:30:19

1:29:50One is for— excuse me.

1:29:54A formal FIT training needs assessment and historical respiratory.

1:30:01Enhance FIT's legitimacy through varied experience and community trust.

1:30:07And informal is uniform patches, which we already went over.

1:30:11One of those, enhance FIT's legitimacy through varied experiences and community trust, is one that I wrote myself.

Bob Day 1:30:19 - 1:30:19

1:30:19Councilor Smith.

Earl Riley 1:30:20 - 1:31:11

1:30:20It's basically wanting to keep what we have as far as the dynamic of FITS legitimacy and what they're doing right now, because they are doing a great job.

1:30:35And lived experience, having that mirror the communities that they are policing, specifically the Black and brown communities.

1:30:47So that's the gist of it.

1:30:49I know we're working with Law and Equity right now to kind of change some of the verbiage because I kind of want a little ham in that.

1:30:57But we're working on it.

1:31:01Currently, it looks like the FIT training needs assessment historical proposal, it's already been on the table and approved.

1:31:09The second one that we're working on right now.

Angelita Morillo 1:31:11 - 1:31:11

1:31:11Yes.

Edith Thrower 1:31:12 - 1:33:32

1:31:12And I can speak to the training needs assessment.

1:31:14Strategic Training Plan, COG Collaboration Model, Community-Based Training Standards, and Historical Learning Repository recommendation that was submitted to the mayor late last year.

1:31:27I'd like to quote PPB first, and then I can let you know the, the impetus behind this recommendation.

1:31:35Law enforcement on patrol face a particular challenge pertaining to skill perishability especially with events that are high stress and low frequency in nature, as they are forced to make split-second decisions in circumstances that are tense, uncertain, and rapidly evolving.

1:31:54These decision points are analyzed through the totality of circumstances and reasonableness of the officer's actions.

1:32:02Continual training is critical to ensure that officers can perform at their best under these unpredictable and complicated circumstances.

1:32:10PPP Training Bureau Division 2024.

1:32:15In 2024 also, the Portland Police Bureau's Training Division completed a comprehensive bureau-wide training needs assessment.

1:32:23This assessment affirmed that PP— that the PPP Training Division does not create or oversee FIT-specific training, although FIT officers enter their role with varying degrees of training.

1:32:37In fact, they complete 65 additional hours to participate, um, as officers in the FIT.

1:32:43There is no standardized training framework for FIT officers, nor a pathway for ongoing professional development or reduction— or, um, or the reduction of perishable skills.

1:32:57So that's how they came up with the recommendation for a training needs assessment and a strategic plan going forward.

1:33:03Uh, currently we have a subcommittee meeting with FIT officers and 2 consultants, uh, retained by the FIT to determine, uh, the needs assessment and, and the strategic plan going forward.

1:33:18So we're very happy about that recommendation and that, that, that was approved by the mayor's office to move forward.

1:33:28That is a photograph of an officer, um, I believe Officer Trummer.

Earl Riley 1:33:32 - 1:33:33

1:33:32Mr. Trummer, yeah.

Edith Thrower 1:33:33 - 1:33:55

1:33:33Uh-huh.

1:33:33And on the back of his his uniform or vest is the patch that we talked— that Earl mentioned earlier, that was approved by PPB.

1:33:42So they are readily identifiable in communities.

1:33:47And that was what we like to refer to as an informal recommendation by the FIT COG, but that was formalized by PPB.

Angelita Morillo 1:33:56 - 1:33:57

1:33:56Next slide.

Edith Thrower 1:34:01 - 1:34:03

1:34:01I apologize, Earl, I cannot see that.

Earl Riley 1:34:03 - 1:36:05

1:34:03I can read it for you.

1:34:052 Bodies, one mission.

1:34:07The FIT, Focused Intervention Team, PBV's specialized unit deployed to neighborhoods hit hardest by gun violence.

1:34:16FIT builds relationships, responds to gun-related violence, intervenes before violence erupts, and responds with both enforcement and outreach.

1:34:27The FITCOG Community Oversight Group, the independent community body that oversees FIT, ensuring that strategies are equitable and just and accountable.

1:34:38FITCOG is the reason Portland's gun violence response has community trust behind it.

1:34:52Relationship between FIT and the FITCOG.

1:34:54FITCOG provides guidance and mentorship to the FIT to reduce gun violence.

1:35:00This unique approach to community policing could easily become a national model.

1:35:07Oversight bodies like FITCA independently lend their support to enhance police accountability, transparency, and rebuild public trust with a view toward continuous improvement, collaboration amongst our teams, and crucial next slide.

1:35:31Meetings and cadence.

1:35:33We have hybrid meetings on the 3rd Thursday of each month from 6 to 8.

1:35:39Quarterly listening sessions are held 4 times per year.

1:35:43Annual retreat planning sessions, January or February annual meetings our next meeting will be with FIT COP meeting will be community listening session at East Portland Community Center multipurpose room from 6 to 8.

1:36:05Questions?

Edith Thrower 1:36:08 - 1:38:58

1:36:08I'd like to make one more comment about the rec— there are 2 recommendations on the table.

1:36:11Wanted to be clear, one's regarding training, one's regarding the structure of the FIT.

1:36:15Earl talked a little bit about it.

1:36:18He was the crafter of the proposal for the recommendation to enhance the focus intervention team's legitimacy through varied experiences and accessibility.

1:36:30I know that's a mouthful, but basically what it boils down to is putting the right team together to address communities, to be able to to approach communities, be received by communities, so that these officers can do their work effectively.

1:36:48So they recommended that they prioritize varied experiences within the structure and operations, as it's essential to build legitimacy, trust, and collaboration with impacted communities.

1:37:06And this is currently before the mayor's office, as Earl Earl said that we're meeting with both representatives from the Law Department as well as Equity to kind of frame the recommendation a little differently.

1:37:22Earl was very passionate about the recommendation, and so we probably included some things that we can use in another way for another purpose.

1:37:33And so that is something that we're We're very proud of.

1:37:38And he doesn't— he didn't read this, but I'm going to read it because he wrote it.

1:37:45And I, and I think we can conclude on this and then answer your questions thereafter.

1:37:52As a young man who grew up on the South Side of Chicago and lived on the streets of Gary, Indiana, I didn't just witness gun violence, I was a part of it.

1:38:01I was a gang member, and I have dealt with the police more times than I can count.

1:38:06Most of those times I wasn't on the right side of the law.

1:38:10However, even, even when I was, I still faced the discrimination and stereotypes that come with the color of my skin.

1:38:17I know exactly what it feels like to look at the— look at a uniform and see an enemy.

1:38:23But for the last 2 years, serving as a leader within the FITCOG, my perspective has been forced to change.

1:38:31I have gone on ride-alongs I have watched these officers do the street work, not just making arrests, but knowing the families, talking to mothers on their porches, and building real relationships with the children in our communities.

1:38:45I am living proof that when the police look like the community they serve, and by look like, that means have— Without trying to—.

Earl Riley 1:38:58 - 1:38:58

1:38:58Oh, sorry.

Edith Thrower 1:38:59 - 1:39:59

1:38:59I'm sorry, that means have attributes that are appropriate for the work and the body of work that they do.

1:39:09Trust isn't just a word, it's a result, end quote.

1:39:15Earl Riley.

1:39:16So the short of it is that this is working.

1:39:22It's a great platform.

1:39:23And I love the quote that Earl, or the statement Earl made about this potentially being a national model.

1:39:30Actually, we, we borrowed that from a FIT officer, Lieutenant Dullio.

1:39:34He used to always say it in meetings because no one's doing this.

1:39:38I would also like to note this is the only oversight body within PPB.

1:39:44Um, they, they decided early on to approach this work, um, collaboratively.

1:39:49And so we, we want— we thank you for your continued support of the FIT and the FITCOG and are happy to answer any questions that you might have.

Steve Novick 1:40:01 - 1:40:04

1:40:01Thank you so much.

1:40:02Councilor Smith, is that a legacy hand or is that for this?

Loretta Smith 1:40:05 - 1:40:24

1:40:05It, it was a legacy hand, but I do have a question in terms of being able to continue this training.

1:40:11Do you see any issues with the reduced training dollars that were I defer to the commander.

James Crooker 1:40:26 - 1:42:28

1:40:26I expected there to be a question about training, so I brought the annual training schedule for the FIT team, uh, that it goes from January to December, uh, that annual training.

1:40:37So, you know, the Police Bureau puts a pretty high premium on training.

1:40:40I think you'd be hard-pressed to find any other agency that's similar to ours that has as much of an emphasis on training as we do.

1:40:47Right now we have, for the FIT team, in addition to the training that every officer receives, the FIT team receives an additional training day every month, which is fairly significant for a police organization.

1:41:01So for the month, or for the year that we're in right now, calendar year, the curricula— I'm just going to read it directly off the special order for the current year.

1:41:11And, you know, year after year, it's going to be something similar, building on what we have.

1:41:16So for this year, we have officers receiving additional training on the FIT team in active threats, elevated-risk traffic stops, emergency entries, critical incident response, weapon range weapon drills, rescues, surveillance and follows, anti-bias and ABLE principles in shootings and gang investigations.

1:41:40Introduction to tactical emergency casualty care provided by our Fire Bureau, investigative use of social media, crime scene management and evidence processing, the ceasefire model, which our FIT team works really closely with, control tactics, and training around wellness.

1:41:58Particularly, they are exposed to a lot of sort of the highest profile calls that are experienced on the streets.

1:42:05I don't know if that answers your question.

1:42:08Getting into the budget is going to be outside of the scope of what I can answer for the next calendar year or the next fiscal year.

1:42:14I can say that training has been a priority and will continue to be a priority.

1:42:18And if we can squeeze training into the next year's calendar for the FIT team, we will.

1:42:24And I don't think anything is going to— I don't see anything right now anyway that would stop us from doing that.

Loretta Smith 1:42:28 - 1:42:36

1:42:28Okay.

1:42:31You believe that you'll still be able to have a very aggressive training schedule?

James Crooker 1:42:37 - 1:42:50

1:42:37Yeah, I can't imagine anything stopping us from doing that next year.

1:42:41Now, I reserve the right to be wrong about that, of course, because I have bosses, but I think that right now we're gonna be able to squeeze this training calendar into the following calendar year and fiscal year as well.

Loretta Smith 1:42:51 - 1:42:53

1:42:51Okay, I understand.

1:42:52Thank you so much for all that you do.

Earl Riley 1:42:54 - 1:42:54

1:42:54You're welcome.

Steve Novick 1:42:56 - 1:43:07

1:42:56Thank you, Councilor.

1:42:57I put myself in the queue to ask a couple of questions.

1:43:00One is, and Commander, you just mentioned this, could you describe the relationship between FIT and the FITCOG and our ceasefire partners?

James Crooker 1:43:09 - 1:44:47

1:43:09So there's a huge ecosystem of partners that are involved in gun violence reduction, and it's not just ceasefire, it's not just FIT, it's not just FITCOG.

1:43:16There are other partners as well, and internally in the police bureau, we obviously have have strong partnerships between ECST and FIT and Homicide and Major Crimes and all the other investigative units and patrol officers who respond to the calls the moment the call happens.

1:43:31But externally, outside of the Police Bureau, we have partners ranging from probation and parole, other law enforcement agencies in the area, and neighboring agencies.

1:43:39We have a number of federal partners who routinely sit in on our weekly— or biweekly now— shooting reviews.

1:43:46They include, you know, the U.S. Attorney's Office, And the FBI and a number of other partners.

1:43:51So there are, as we see a shooting occur, there is an analysis on the likelihood for retaliation in that shooting, and our FIT team is present for all of those discussions.

1:44:04And then those discussions turn into a conversation about which individuals are appropriate for referral for ceasefire services, which there's a wide range of services, and I know that you already had a meeting about that.

1:44:18And so we partner really closely with Ceasefire to make sure that those call-ins— that we— they do regular call-ins and something called custom notifications.

1:44:28If there's— if it would be inappropriate to bring a large group of people who are in conflict with each other into a meeting together, the Portland Police Bureau and the FIT team in particular partner with Ceasefire to ensure that we've identified the people for those events and probably the best way to be successful in those events with ceasefire.

Steve Novick 1:44:49 - 1:44:55

1:44:49A really basic question.

1:44:51How many officers are in FIT and how many members are there of the FITCOG?

James Crooker 1:44:56 - 1:45:07

1:44:56Yeah, the FIT team has 12.

1:44:57We're authorized to have 12 officers and 2 sergeants.

1:45:00The police bureau is in a staffing crisis.

1:45:02I think we all know that.

1:45:03So we're not up to full staff right now, but that is what our authorized strength is.

Earl Riley 1:45:10 - 1:45:17

1:45:10Uh, we can have up to 15, but we currently have 9, and we're actively doing interviews right now.

Edith Thrower 1:45:18 - 1:45:52

1:45:18Regarding interviewing, I'd like to add that when they started— when they began this work, City Council members were permitted to submit names to the mayor.

1:45:29I don't know why you haven't, but you are permitted to.

1:45:33The mayor solely makes appointments, and, you know, we welcome your recommendations.

1:45:38Currently, they've been taking recruitment applications off the NeoGov— from the NeoGov system.

1:45:45However, you are welcome to make recommendations to the mayor for members to the FIDCAG, and we are actively recruiting.

Steve Novick 1:45:54 - 1:46:12

1:45:54Thank you.

1:45:55And Mr. Riley, I think that you talked about engagement with the Community Police Academy.

1:46:01And I've gone through that a couple of times and I was just curious what that engagement is.

1:46:04I mean, are you involved in like reviewing that and trying to figure out ways to make it more realistic or more valuable?

1:46:10Just hold forth on that, please.

Earl Riley 1:46:13 - 1:46:26

1:46:13I know we have been through several trainings there and it's just kind of like to get the COG kind of familiar with the trainings that FIT goes through and that the PBB goes through.

Edith Thrower 1:46:27 - 1:47:07

1:46:27I'd like to add that we require this of every member of the COG.

1:46:32It is, it is, it's part of their orientation to enter into the CPA, the, the commu— the Community Police Academy.

1:46:40Um, everyone has reported a very— well, we've had mixed reviews.

1:46:44Um, in fact, uh, we've— one of the recommendations came, um, out of a member's observation there, but pretty much, um, people Members have expressed, you know, gratitude for going.

1:46:57Um, it's, it's, uh, very well done.

1:47:00Um, and, um, and they, they've learned a lot about police practices.

1:47:05So the, the group does support the academy.

Steve Novick 1:47:09 - 1:47:10

1:47:09Thank you.

1:47:09Councilor Kanal.

Sameer Kanal 1:47:13 - 1:50:53

1:47:13Thank you, Chair Novick.

1:47:16Uh, thanks everybody for being here.

1:47:17I appreciate the members that are all— I like the list of names you mentioned earlier Terrence and Gina and all the work that, that they've done.

1:47:22Juma as well.

1:47:23I appreciate the staff as well.

1:47:25Edith, uh, good to see you.

1:47:26Liz, good to see you.

1:47:27Mila, Commander Crooker, and more.

1:47:29Um, full disclosure before I start, I worked with FIT Cog and supported their work in my old job from July 2022 to October 2024.

1:47:37Um, couple comments and I have a couple questions at the end.

1:47:39I've done some ride-alongs, um, and one was with FIT with Officer Hubert specifically.

1:47:43I look forward to doing one with ECST as well.

1:47:46I think it was really helpful for me personally to see And understand a bit of the work.

1:47:50I also appreciate, Commander Crooker, your point about the level of training.

1:47:53I think that's a really important part of this conversation as well.

1:47:56I understand that FITCOC was not an afterthought.

1:47:59I kind of saw the beginning of that development.

1:48:02I hope that next time we talk about it, we can talk about from PPB getting some context as to why the FIT's predecessors, which did not have an attached oversight group, were not as successful.

1:48:14Thank you.

1:48:15I think that comparison point would be helpful.

1:48:17Also why they didn't continue, meaning I'd like the history as to why there wasn't a dedicated gun violence reduction-oriented team at PPB at the time that the choice was made to create the FIT.

1:48:28FIT and ECST are examples of PPB focusing on a primary priority that I think is a consensus in this community, responding to gun violence and reducing the recurrence of it.

1:48:38The last topic raised issues of changing away from a culture of response or punishment to a culture of repair.

1:48:44It raised a concern for me that we can't even get majority support on this council to ask PPB to prioritize within the responses on things like prioritizing human trafficking over protest response.

1:48:53But FIT is a good example of that priority.

1:48:56It is also the question of how that priority would be pursued.

1:48:59And that's where I think that historical context would be helpful, as well as more information on the claim of no complaints.

1:49:05That was a bit of a surprise to me.

1:49:07I know there was an internal review.

1:49:09On cases like that of Tyrone Johnson, for example.

1:49:11And I, I might follow up for more information offline on that, um, and, and understand what you mean exactly by that.

1:49:17Um, very interested in the FIT training needs assessment historical repository recommendation and the patches recommendation.

1:49:23I'll probably follow up for more on that too.

1:49:26Um, I just wanted to get on the record something that I wish I had understood when I started working with FITCOG, um, in my earlier years.

1:49:33If anyone's looking at the word oversight Right.

1:49:35In the name and thinking of it in a reactive way or a responsive way, an after-the-fact, let's hold you accountable for the thing that you did or didn't do kind of way.

1:49:45That's, that's holding FITCOG to a standard that's not the standard of FITCOG.

1:49:50It's not the point.

1:49:52I think that what I learned during it is that FITCOG is more actively involved during the conversation and, and frankly prior to many of the occurrences that occur on a FIT officer shift.

1:50:05They've at times called themselves a proactive oversight model, and I think that's really valuable to differentiate and very helpful to do.

1:50:13I think you referred to it here as guidance and mentorship in the slides, and that's valid and it's valuable, and that's okay, and it's different from what like a CBPA offers.

1:50:22So there's often a question of why is there a redundancy or something like that.

1:50:26There isn't one.

1:50:27They just happen to use the name oversight.

1:50:28Oversight, the word oversight.

1:50:30So I think it's really helpful to know it was good for me.

1:50:34My questions.

1:50:37Commander Crooker, you mentioned that there are an authorized staffing level of 2 sergeants and 12 officers.

1:50:43A lot of the officers that have been with FIT have been there for a long time, but the sergeants I know have rotated.

1:50:49Can you speak to how that works and what the— if there have been any impacts of that?

James Crooker 1:50:56 - 1:52:46

1:50:56Yeah, I mean, maintaining continuity in a team when you have a change in supervision is always, you know, a challenge.

1:51:02That's something that we pay attention to.

1:51:04The FIT team also has, as a result of that, that we're currently working on a contract or a partnership with to make sure that we have enhanced training supervision for the lieutenant and the sergeants of the FITCOG.

1:51:19I think for me, For me, because I was there from the beginning, the important thing is to understand what the mission and the goal of the team is and making sure that the sergeants, sergeants are probably the most important leadership rank in any organization, that line-level supervision is critical in making sure that we are going in the right direction.

1:51:40And when we have sergeants come on, I make sure that we have really intentional conversations with those sergeants about the goal, the vision, the direction of what the team is, and ensuring that we adhere to that and that there is not a deviation from that into something that might seem easy to have happen in the absence of that close oversight.

1:52:04And we've been very lucky in the fact that we've selected very capable and bright and engaging sergeants and so, you know, everybody's encouraged to look to the future and, you know, to build their career the way that they would like to build their careers and have a future in the Bureau the way that they'd like to have it.

1:52:24And I think the FIT team is a really good launching board for a lot of supervisors to go on to bigger and better things in the organization.

1:52:30And I don't want to stand in the way of that.

1:52:32And so we just are very intentional about making sure that every time we have a new sergeant come in, that they they are following all of those sort of, you know, genesis documents to make sure that we stick to the principles that we started with, that you were part of a little bit of that.

Sameer Kanal 1:52:47 - 1:52:55

1:52:47Yeah, I appreciate that.

1:52:48I think that relates to the historical repository side from the COG recommendation side too.

1:52:53So that aligns.

1:52:54Thank you for that.

Edith Thrower 1:52:56 - 1:52:57

1:52:56Yeah.

Sameer Kanal 1:52:57 - 1:53:05

1:52:57With relation to the COG, 9 out of 15 are filled right now, as you mentioned.

1:53:02Has anyone new been appointed since Mayor Wilson took office?

Edith Thrower 1:53:07 - 1:53:10

1:53:07Yes, excuse me, yes, 4 members were appointed.

Sameer Kanal 1:53:11 - 1:53:45

1:53:11Okay, this is one of the ones where, um, obviously Mayor Wilson has the right to appoint, um, and I think one of the things we haven't yet addressed, uh, and this is more for the administrator, is how we have the transparency around that.

1:53:23Normally, um, a lot of advisory groups around the, the city, and this is, this is more than just an advisory group, so I, I think that's a a, a bar that we should exceed.

1:53:33Um, we would do a report.

1:53:35Um, and so I would love to, to talk about how we do that, because one of the great things, um, that happened in the last year or so is I— well, actually, let me confirm that.

1:53:43Is funding now ongoing?

Edith Thrower 1:53:46 - 1:53:52

1:53:46It is, and thank you.

1:53:48Okay, well, that's premature, but pending the vote that occurs this week.

Sameer Kanal 1:53:53 - 1:54:52

1:53:53Uh, so FITCOC's been one-time funded after one- Yeah.

1:53:58And so if that goes through, I think that's really important and I'm supportive of it.

1:54:04One thing though, I think FITCOG, other than the budget authorization, is primarily created through a set of press releases.

1:54:13And I think getting things written down, including how we have that transparency into appointments, would be really helpful because I actually didn't know and I probably could have just asked a while ago.

1:54:24It'd be helpful to know that.

1:54:25And I think to ensure that the folks on this side of the dais are aware on a regularized basis as people are being appointed of the work.

1:54:34In other words, I think there are levels of low to high profile within the ranks of volunteer groups in the city.

1:54:43And we should probably take this one up at least a rung on the ladder.

1:54:47And I think one of the ways to do that is the appointments.

1:54:49And I think that's all I have right now.

1:54:52Thank you.

Steve Novick 1:54:53 - 1:55:13

1:54:53Thank you, Councilor.

1:54:54Seeing no one else in the queue, I really appreciate your reaching out to ask to come here.

1:55:00And I'm one of the people that was woefully uninformed about the work of the FITCOG.

1:55:05So I really, I in particular personally really appreciate it and look forward to continuing conversations.

1:55:11Edith, was there something you wanted to add at the—.

Edith Thrower 1:55:13 - 1:55:26

1:55:13One final comment.

1:55:14We made a presentation before Mr. Lee.

1:55:18It was a little more comprehensive than, than this presentation, um, but, uh, uh, we didn't have the time constraint.

Robert Taylor 1:55:27 - 1:55:27

1:55:27His—.

Edith Thrower 1:55:27 - 1:55:43

1:55:27After observing, um, our presentation and another advisory body's presentation, he asked, where do you see yourselves going from here?

1:55:38And we were all like, well, you know, where?

Steve Novick 1:55:43 - 1:55:43

1:55:43Where?

Edith Thrower 1:55:44 - 1:56:44

1:55:44We're so involved in doing the work, we're not thinking about where we're going from here necessarily, but we're not thinking about an endgame.

1:55:54To his point and to Councilor Kanal's point, we see ourselves, and I've discussed this both with the Vice Chair and the Chair, as being more proactive as opposed to reactive in this body of work.

1:56:09One of the overall community sentiment in the ongoing survey that they're doing and what we've gathered so far is that residents describe gun violence as a related disorder as— I mean, I'm sorry, describe gun violence and related disorder as a real and persistent issue and expressed a strong desire for practical, balanced solutions rather than ideological positions.

1:56:35So it behooves us to be proactive in our work.

1:56:41And that's the goal.

1:56:42That's the aim.

1:56:43Thank you.

Steve Novick 1:56:46 - 2:10:15

1:56:46Thank you so much.

1:56:47We're now going to— the council president has waited patiently to talk about concealed carry.

1:56:55By pursuant to the council president's directions, I need to give everybody a 12-minute break.

1:57:00We will come back at 11:34.

2:10:05I actually— excuse me.

2:10:07Could you read the first item?

2:10:09And then I am gonna wait a minute because I kind of think that we need most— we need more of us here, even though I said 11:34.

Tristan Edwards 2:10:16 - 2:10:51

2:10:16Certainly.

2:10:17Item number 4, document number 2026-123, amend code related to prohibitions on possession of firearms within certain city buildings to disallow affirmative defense for persons with concealed handgun licenses.

2:10:37Amend City Code Sections 3.18.020, 14A60.010, and 20.12.050.

Steve Novick 2:10:54 - 2:11:18

2:10:54Thank you.

2:10:54Mr. President, Mr. Harford, could you come up slowly?

2:10:57I'm hoping at least one more councilor will join us.

2:10:59Okay.

2:11:00Now we got 4.

2:11:03And it has been a while, so if you could give a recap of what the legislation is about and then describe the amendment that grows out of the last conversation we have.

Eben Harford 2:11:20 - 2:11:30

2:11:20Absolutely.

2:11:20I will do my very best.

2:11:22Thanks all.

2:11:23So in brief, there are pretty wide-ranging limitations on the kinds of weapons that you can have in a public building.

Michael 2:11:33 - 2:11:34

2:11:33Under—.

Eben Harford 2:11:34 - 2:12:28

2:11:34Until last year, concealed handguns were presumptively allowed in any public building in a public meeting.

2:11:42It was an affirmative defense to any law that attempted to limit that.

2:11:48In last year's long session, the legislature allowed localities to say, you know what, that affirmative defense of I have a concealed handgun, license on a city-by-city basis or a locality-by-locality basis, you can say, no, we don't want to have that anymore.

2:12:08So late last year, Multnomah County instantiated that.

2:12:13They said we're going to not have concealed handguns be allowed in public buildings where there is a public hearing.

2:12:22So things like council chambers, the meeting space over where the planning commission meets yeah.

Jamie Dunphy 2:12:28 - 2:12:28

2:12:28Et cetera.

Eben Harford 2:12:29 - 2:14:39

2:12:29So the county did that last fall.

2:12:32This ordinance does essentially the exact same thing for the city.

2:12:36So it's specific to places where we have public meetings, which is this room, it's the 1900 building, and where there are official oversight bodies that meet in those spaces as well when those are stood up.

2:12:51If it's in a public building, you wouldn't be able to have a concealed handgun there either.

2:12:56And the actual code, there's 3 exhibits.

2:13:00So it touches the law in 3 places.

2:13:04You have rules of conduct at city property, which is Exhibit A.

2:13:09So there's a number of weapons here that you can't have on city property.

2:13:13And we add a bit of text that says the affirmative defense that says I have a concealed handgun license, that's not going to work anymore on city property.

2:13:24Over in Exhibit B, I'll just say Exhibit A is the main event, and then there's a couple other places where there's lists of weapons you can't have places, and then we kind of true up the language in those spots.

2:13:37So Exhibit B controls having a loaded firearm in a public place, which is something you can't do in Portland, and it basically ports in that same language.

2:13:46So in case you read 14A-60-010 and thought that it maybe superseded the prohibition on having a gun in a public meeting.

2:13:56It doesn't.

2:13:58And then over in Exhibit C, we have the situation, public parks.

2:14:04So parks also have a prohibition on carrying weapons.

2:14:07It does the same thing, flies in that same language, says in the weird situation in which there was a you flew council chambers in the future into a public park once again.

2:14:21This exemption, this affirmative defense does not apply here.

2:14:24So everywhere where we have those lists of prohibited weapons, this mention of the affirmative defense is added.

2:14:31So that's what this does.

2:14:33Relatively narrow.

2:14:35There's 2 things that came up in conversation at the last hearing.

Sameer Kanal 2:14:40 - 2:14:40

2:14:40Yes.

Eben Harford 2:14:41 - 2:17:31

2:14:41The first was around the exact way that Exhibit C was fixed up by the legal folks.

2:14:50In that wording, we also added a reference to 14A-60-030, which is this sort of relatively new description of tear gas and pepper spray and tear gas canisters.

2:15:06The way that this was worded would seem to make carrying pepper spray for personal protection, for personal defense, a mace canister or something like that, presumptively illegal in a park.

2:15:22And if you're just passing through a park, that doesn't make a lot of sense.

2:15:26So what the amendment does is it takes out the word tear gas, mace, and pepper mace, which are together in the first first prong, there's like 2 buckets of kinds of deleterious aerosol agent in the relevant code, and says, all right, that's not something we're going to list as presumptively illegal.

2:15:45Instead, if you go up above, it would just categorize— be categorized as any object carried with the intent to threaten or cause bodily harm to another.

2:15:55So if you're carrying that mace for your own protection, it should be okay.

2:15:59If you're walking around with a, with a big can of bear mace threatening people, that would not be okay.

2:16:05So that's what the amendment does, just, just trying to be responsive to the questions from the dais last time.

2:16:11Finally, there was some concern from the dais in the last reading of this about whether employees of the city who had a concealed handgun license whether this would change their status of whether or not they could have their weapon with them while they were at work.

2:16:32And we had a lot of back and forth about that.

2:16:34We clarified in an email after the hearing that currently under HRAR 4.12, it's a condition of employment with the city that you can't have a dangerous or deadly weapon, which does include a handgun and specifically includes It doesn't matter whether you have a CHL or not.

2:16:56And that's been law in the city.

2:16:58We went back into the arc— sorry, you're right.

2:17:01That has been administrative rule in the city or binding city policy, not law, since 2002.

2:17:08That was when that was first passed in by council via ordinance.

2:17:13And it's pursuant to the option of an employer to contract freely with an employee.

2:17:19So that can be the conditions of contract.

2:17:20Thank you.

2:17:21Which is constitutionally protected as well.

2:17:25Anyway, so that's what this is.

2:17:27Thank you for listening to that somewhat long explanation, but hopefully we're all up to speed.

Loretta Smith 2:17:33 - 2:17:33

2:17:33Bless you.

Steve Novick 2:17:34 - 2:17:36

2:17:34Councilor Smith, is that a legacy hand or a new hand?

Loretta Smith 2:17:38 - 2:17:51

2:17:38Thank you so much.

2:17:40But currently, just so that we're clear, folks from the outside can come in here with their concealed weapon permit and they're allowed to come into City Hall?

Jamie Dunphy 2:17:51 - 2:18:06

2:17:51Yes, members of the— sorry, for the record, uh, Jamie Dunphy, Portland City Councilor.

2:17:56Uh, yes, currently under, under the existing rules, any member of the public who has a concealed handgun license can walk through City Hall and be able to come into a meeting in a public space.

Loretta Smith 2:18:06 - 2:18:07

2:18:06But—.

Jamie Dunphy 2:18:07 - 2:18:07

2:18:07But employees cannot.

Loretta Smith 2:18:07 - 2:18:09

2:18:07But employees cannot.

Jamie Dunphy 2:18:09 - 2:18:16

2:18:09Correct, unless otherwise explicitly described in their okay, and counselors cannot?

2:18:16Correct.

Loretta Smith 2:18:16 - 2:18:23

2:18:16Okay, just wanted to make sure because I saw some folks coming in with their concealed weapon permit.

2:18:21I was like, okay, thanks.

Steve Novick 2:18:28 - 2:18:50

2:18:28I have a question about— I think, Mr. Harper, you're talking about buildings where there are public meetings like the 1900 Building and City Hall.

2:18:38When I look at the language, it refers to buildings owned or controlled by the city for use for official meetings.

2:18:44And that would seem to me to include any official meeting, whether the public is invited or not.

Eben Harford 2:18:53 - 2:19:07

2:18:53I would have to defer to the lawyers on that one.

2:18:57If we have legal counsel here, we may not.

2:19:04But if you'll give me a second to look into the code, I can try to answer that question a little better.

Steve Novick 2:19:10 - 2:19:29

2:19:10I confess that one of the reasons I was interested in that is I was looking for some reason at the concealed carry rules in Oklahoma, and they ban concealed carry in buildings which I think involve meetings that the public is involved in.

2:19:22So I was curious as to whether this is the same as that or different.

2:19:28Councilor Zimmerman.

Eric Zimmerman 2:19:31 - 2:20:01

2:19:31Thank you.

2:19:32I am really, really hoping that I just want to make sure that everybody who's going to take a vote on this can think about some of the terms that we're using and that we have our kind of our facts and ducks in a row in terms of what it is that you're, you're considering taking here.

2:19:47Last time it was almost confusing listening to this panel and the presenters talk about what it meant to have a concealed weapon, and it was so bad that it almost seemed like people thought folks were walking in here with visible weapons.

Brandon Brown 2:20:01 - 2:20:01

2:20:01I think that's a good point.

Eric Zimmerman 2:20:03 - 2:21:37

2:20:03And that isn't the case, right?

2:20:07And I think that I last time cited that in 5 years there were 3 incidents, or it was in 3 years there were 5 incidents, something along those lines.

2:20:15And in those cases, a person was stopped at our metal detectors, proved that they had a legal right to carry, and that's the end of the story because they were carrying a firearm legally.

2:20:28Thank you.

2:20:28Part of the idea of a concealed carry permit is that you've gone through the required local sheriff, you know, steps to get that, which is another way of saying you've followed the law.

2:20:46The state's previous ability to have the affirmative defense, I guess I don't understand the rush.

2:20:52Well, Councilor Dunphy, to change something.

2:20:58I'm not sure what's not working.

2:21:00I'm not sure what you're trying to solve here with respect to now that cities can get rid of that affirmative defense for those people who have chosen to say, I'm going to put my name on a public registry that says I have a, a concealed weapons permit and I've followed the law, why it is that they're your target versus illegal gun owners or people who seek to do violence?

2:21:22Because I'm not seeing the connective tissue right now.

2:21:26And I wasn't understanding what was broken prior to this state action that you're trying to fix now that the state has said, if you want to, cities, you can do it.

2:21:36What are you trying to solve here?

Jamie Dunphy 2:21:37 - 2:21:40

2:21:37Yeah, I mean, philosophically, I'm trying to have no guns in City Hall.

Eric Zimmerman 2:21:42 - 2:22:08

2:21:42Does that work for— I mean, I get that.

2:21:44I have that same desire.

2:21:46Yeah, but there's— so there's, there's 2 people on either side of you right now who are carrying guns, and there's a few people outside who are carrying guns solely for the fact that sometimes people don't give a damn about what law you just said, right, or just passed.

2:21:59So what about this keeps a person intent on doing violence from doing violence?

Jamie Dunphy 2:22:09 - 2:22:56

2:22:09Yeah, well, as I, I think I said last time I was here, And a philosophical argument that I learned was that 75% of people won't— don't need a law to do what's right, and 10% of people won't ever do what's right no matter what the law.

2:22:22And so we're governing for the 15%.

2:22:24And you're right, absolutely, we do need to have police.

2:22:28We need our security to be able to keep us safe, and we need additional tools at every level in order to be able to make sure that that is the case.

2:22:34This seems to me, you know, first of all, not a rushed situation as the state we passed it last year, and in the time since then, the Oregon Health Authority, the Oregon Youth Authority, the Oregon Department of Administrative Services, Port of Portland, Multnomah County have all passed this as a rule for their public bodies.

2:22:54So we're actually a little bit behind.

Eric Zimmerman 2:22:56 - 2:22:57

2:22:56Okay, so let's be clear.

Angelita Morillo 2:22:57 - 2:22:57

2:22:57Yeah.

Eric Zimmerman 2:22:57 - 2:22:59

2:22:57Rules and laws are very different.

Bob Day 2:22:59 - 2:22:59

2:22:59Sure.

Eric Zimmerman 2:22:59 - 2:23:06

2:22:59Am I incorrect?

2:23:00Are you trying to pass a rule, which is just enforceable by, you know, an HR thing, or are you trying to pass a law, Councilor?

Jamie Dunphy 2:23:06 - 2:23:07

2:23:06Yeah, this is an ordinance.

Eric Zimmerman 2:23:07 - 2:23:09

2:23:07I am trying to the Oregon Health Authority doesn't pass laws.

James Crooker 2:23:09 - 2:23:10

2:23:09Correct.

Eric Zimmerman 2:23:10 - 2:23:29

2:23:10The Oregon Youth Authority doesn't pass laws.

2:23:13They pass policy in their place.

2:23:16The reason— this is what I'm hoping folks will really gear into— is I appreciate that there are policies, and those are, those are applicable to the extent that that policy hits.

2:23:27But what you're asking to do is change a law.

Bob Day 2:23:29 - 2:23:30

2:23:29Yes.

Eric Zimmerman 2:23:30 - 2:23:37

2:23:30And so if a person violates this law in the future, What type of crime will they be guilty of or accused of?

Eben Harford 2:23:40 - 2:23:46

2:23:40All the way through this, at the very end of the process, there is a felony charge.

Eric Zimmerman 2:23:46 - 2:24:54

2:23:46A felony, folks.

2:23:48So in their presentation, they tried to equate an HR policy, which, you know, any employee is going to take that into their— and, you know, I drove a county car once over the speed limit.

2:24:00I violated policy.

2:24:01By God, slap me with a felony.

2:24:04My point is, let's not conflate the two.

2:24:07And I think you are conflating the two in a manner that is kind of disrespectful, frankly, to people who have chosen to follow the law and get a permit.

2:24:17And so an HR policy is fine to have, but a felony, a felony for otherwise doing what the state has said Here's how you will have— here's how you follow the law.

2:24:31And so I am just asking us to please take a look at what this means.

2:24:36I want to give you one example from the staff one which they just presented.

2:24:39They're, they're making some changes.

2:24:41And last time we talked a lot about mace, pepper spray.

2:24:43Hell, I think even Novick over here was talking about nunchucks or something.

2:24:49There was something that— there was some weapon that we were all unfamiliar— it was a different kind A mace.

Sameer Kanal 2:24:54 - 2:24:55

2:24:54That's what it was.

Eric Zimmerman 2:24:55 - 2:24:56

2:24:55Anyway, my point—.

Steve Novick 2:24:56 - 2:24:58

2:24:56I thought I was asking about the difference between dirks and daggers.

Eric Zimmerman 2:24:58 - 2:26:44

2:24:58Yeah, so my point here, I do appreciate those changes.

2:25:01I want to, I want to give credit where credit's due.

2:25:03I disagree that this needs to come forward, but thank you for addressing the fact that I bet we have employees today who have mace in their pocket, in their locker, or in their purse.

2:25:14That might be a violation of city policy, and no one will ever know until the day it has to get used.

2:25:21And then I'd say I dare the city to enforce that policy.

2:25:25So this is one of those— there's a silliness that sometimes it comes along with certain types of things.

2:25:30But at the same time, this change for parks was a really good one.

2:25:33I think that'll be an important— if you guys end up passing this, pass that amendment.

2:25:37But here's what the staff said: mace for your own protection is okay, but carrying a big can of bear spray or intimidating others is not okay.

2:25:48And I would, I would give to you, everybody, that is the exact example of the difference between an open carry of a rifle or even a gun on the hip versus a concealed carry.

2:26:00Because a concealed carry, one should never know that someone is concealed carrying.

2:26:04That's the whole point.

2:26:06And so in the sponsor's own language about why mace in a park is okay, I think they've given you why a concealed weapons permit holder should not be the concern if your concern is violence, if your concern is gun violence, in the list of people to be worried about, those who put their name on a, on a public registry, ask for a background check, ask for a course, and carry a permit to do so, they're not the concern here.

2:26:32So if you have a concealed permit for your own protection, it's not okay, but if you have mace for your own protection, it's okay.

Edith Thrower 2:26:44 - 2:26:44

2:26:44Yes.

Eric Zimmerman 2:26:45 - 2:28:05

2:26:45But carrying a big can of pepper spray is not okay.

2:26:47But what are we trying to do here?

2:26:50So the, the— it doesn't hold up.

2:26:54And the consequences are why this matters, colleagues.

2:26:58This is not an HR policy.

2:26:59This is not an employment policy.

2:27:03You are asking to place a felony on those who right now under state law can do a thing.

2:27:11And you're saying we don't think that's the truth.

2:27:14If you think that we have this grand problem inside this building or any other Portland building with concealed weapon permit holders doing violence or threatening violence, I am all ears and I will help.

2:27:24But I have had zero complaints in my time in office, and I've had zero complaints in my time as a chief of staff or as a senior staffer at this government or any other.

2:27:33So I don't know what we're trying to solve.

2:27:37And if you are dead set on this, I hope you will at least consider that you are adding a significant legal risk to people who are otherwise following the law.

2:27:54And I, I think that deserves our pause.

2:27:57And I don't think that right now that this is going to make any one person or any group of people thank you, Chair.

Steve Novick 2:28:06 - 2:28:08

2:28:06Thank you, Councilor.

2:28:07Councilor Kanal.

Sameer Kanal 2:28:08 - 2:28:17

2:28:08Thank you, Chair Novick.

2:28:11Can I just start by asking a process question?

2:28:13Are we currently still on the underlying, or has the amendment been moved?

Steve Novick 2:28:17 - 2:28:27

2:28:17Um, still on the underlining, but if you like to move the, move the amendment to put it to get it out there, I'd be fine with that.

2:28:23Although I expect that we might want to discuss the underlying a bit further before we get to vote on the amendment.

Sameer Kanal 2:28:27 - 2:30:25

2:28:27Okay, then I will wait to do that so that we can have I think one of the things that we have an opportunity to do in committee is have the broader conversation.

2:28:35And I know this is something a few of us have talked about, so I, I do intend to move it.

2:28:39I think it's worth discussing, and I, I will get to that when I get to it.

2:28:43Um, I, I struggle with a couple of the conversations here because there are many things that I agree with in what Councilor Zimmerman just said.

2:28:51Um, I, I also know that there are some— we do not have the authority under the, uh, the new form of government to write administrative rules, to write HRARs, even ones that apply to us evidently, which I think is something we have to get some additional guidance on because that, that doesn't make any sense.

2:29:08Um, and I think as an independent branch of government, we should not be subject to mayor's, uh, HRARs.

2:29:15Having said that, um, I also know that, that there are, um, some questions that I think are not yet resolved and I do think it's fair to say that there has been a recognition by the state that anyone can currently get a concealed carry permit going through a process in their relevant counties.

2:29:34And this idea that we all have to sort of honor each other's, and also that there was a gap that they felt was sufficient enough to allow local jurisdictions to address, not to address themselves, But to allow us to, and so to enable that conversation.

2:29:54I have a feeling that no matter what we do here, we're gonna end up having this debate again at the full council.

2:30:00So I'm inclined to support having that debate at the full council because I know our other 7 colleagues will have thoughts on it.

2:30:07But I also know that we should have conversations around how to make this the best product possible when it gets there.

2:30:13And I think that thank you, Councilor.

Steve Novick 2:30:25 - 2:30:57

2:30:25Um, I have— what about Councilor Zimmerman's point that this is a felony, which is a pretty darn serious thing?

2:30:34Would there have been an option to go with a misdemeanor instead of a felony?

2:30:37Do they have the other— um, has— well, the Port of Portland— I mean, does Multnomah County make it a felony to my understanding is that the proposal before us would bring us on parity with Multnomah County and the Port of Portland.

2:30:52Okay.

2:30:53Would you be willing to contemplate downgrading it to a misdemeanor?

Jamie Dunphy 2:30:58 - 2:31:33

2:30:58My understanding is that it's more of a— that the felony is at the end of the process, but that there are— it's not that if you showed up downstairs and presented your concealed carry card and said that immediately you'd be prosecuted.

2:31:11Thrown into it with a charge.

2:31:13That there's some level of processing and steps between and some discretion to be able to get to that level.

2:31:22If it were something egregious, then a felony charge is an option for the charging officer, but that it's not necessarily guaranteed that that would be the first reaction from— for enforcement.

Steve Novick 2:31:34 - 2:31:46

2:31:34Hmm.

2:31:37But I mean, is that— but is there any like lesser included charge that could be brought?

Eben Harford 2:31:47 - 2:32:01

2:31:47Yes, Councilor.

2:31:48So again, let me introduce myself as not a lawyer.

2:31:55However, I am speaking to one.

2:31:56So, you know, the first thing here is that this is in the police code.

Earl Riley 2:32:02 - 2:32:02

2:32:02Right.

Eben Harford 2:32:02 - 2:32:53

2:32:02And public order and police.

2:32:03And so violations of the local code carry a potential fine and potential brief jail time.

2:32:12So those citations can be issued if necessary.

2:32:15I can even go back another step.

2:32:17So what you would need to do is to arrive at a public meeting with a concealed handgun, not disclose that handgun, gain access yes.

2:32:28To the meeting, have it be discovered, refuse to leave.

2:32:36And then the situation would need to be such that the city decided that whatever sanctions that it could issue via Portland City Code were insufficient and that pressing charges were necessary.

2:32:51So there's discretion at a number of steps of the process.

Steve Novick 2:32:57 - 2:33:15

2:32:57So when you say that it has to be discovered and you have to be asked to leave, does that mean that if it was not discovered, but then somebody found out later on that somebody carried a concealed weapon into a public meeting, then there's— they could not be prosecuted?

Eben Harford 2:33:15 - 2:34:13

2:33:15Oh, I wouldn't say that.

2:33:18Okay.

2:33:20There would need to be— you would have to the first thing that happens is you go through a metal detector, right?

2:33:27If somebody then discovers that you have a concealed handgun, there's your first moment.

2:33:31You say, hey, I have a CHL.

2:33:34And the person says, hey, look at the sign that, you know, you can't bring that in here regardless.

2:33:40Okay, what choice do you make in that moment?

2:33:42Do you say, no, I'm coming in?

2:33:44Or do you say, all right, I'm gonna— I'm not coming in.

2:33:48There's a choice that somebody gets to make.

2:33:50Say there's a room without a metal detector.

2:33:52Somebody comes in, is carrying a CHL.

2:33:54They see the clearly posted sign that says, can't do that here.

2:33:58And they say, eh, I'm going to do it anyway.

2:34:00And then something happens in that meeting where it becomes clear that they're carrying a loaded weapon.

2:34:05Then there's another decision point.

2:34:07Somebody has a conversation with them.

2:34:09What is their conduct in that moment?

2:34:11All those things could be considered in the context of what?

Bob Day 2:34:13 - 2:34:14

2:34:13The risk.

Eben Harford 2:34:19 - 2:34:28

2:34:19Ultimately, it is possible if you're carrying a loaded firearm in a place where you're not under state statute to be charged with, I think, a Class C felony.

Steve Novick 2:34:28 - 2:34:50

2:34:28But okay, I'm still a little confused.

2:34:31I mean, sure, I can understand a scenario where you can be charged with a felony if you refuse to leave after it's been discovered that you carried in a weapon, but if you're carrying If a firearm in a place where you're not allowed to carry a weapon, it simply turned out that you carried in a weapon and nobody ever found out about it until afterwards and you never refused anything, then that might be a misdemeanor.

2:34:48I mean, that strikes me as one possible way to address this.

Eben Harford 2:34:51 - 2:35:07

2:34:51In the context of whether it's a felony or a misdemeanor, Councilor, really is a matter of the state statute.

2:34:59And so we don't— all we are doing here is saying for the purpose of this situation that affirmative defense is not qualified.

Steve Novick 2:35:08 - 2:35:15

2:35:08So the state statute gives us no choice as to whether it's a felony or a misdemeanor?

2:35:14What I refer to—.

Sameer Kanal 2:35:16 - 2:35:21

2:35:16We just asked legal to come up to answer some of these questions.

2:35:18I would lean on legal to address some of these questions.

Steve Novick 2:35:22 - 2:35:24

2:35:22Um, actually, so we have one of our lawyers here?

Sameer Kanal 2:35:25 - 2:35:26

2:35:25They should be on their way.

Eben Harford 2:35:26 - 2:35:51

2:35:26We've reached out.

2:35:27Okay.

2:35:29I think the, the general point, Councilor, that we're trying to make is that As I think all of us know, there's discretion in how law enforcement works.

2:35:38So the idea that you put a finger over the line, somebody finds out about it a month later, and boom, you have a felony record, that's not true to reality.

2:35:47The exact mechanics of how that works, we should absolutely defer to legal counsel.

Steve Novick 2:35:54 - 2:35:54

2:35:54Councilor Zimmerman.

Eric Zimmerman 2:35:56 - 2:39:46

2:35:56Okay.

2:35:59That conversation in context to a felony as the consequence is— should give everybody great pause.

2:36:10But I will also offer that that conversation, I think, provides us with a much better option that gets the same intent without the harsh legal aspect, which is We can certainly say upon discovery you are excluded.

2:36:32And so if you come to— we could say that, yes, Joe Schmo coming through the metal detector, you do have a CHL, but we have noticed this weapon that in the City of Portland's building is still not permitted, and you are excluded if you decide you want to come in with it.

2:36:51Okay.

2:36:53Same outcome, different stick.

2:36:59And if they choose then to say, no, I have my God-given and sheriff-given and state constitution-given right, I believe it's fully within our scope to be able to say, okay, that's fine, but you are then excluded from this building.

2:37:15And we have a host of, which we're all more familiar with, Councilor Smith.

2:37:22I think that if your goal is that no person enter in with a weapon, even those who are legally doing so, that this idea of exclusion and using those, those rules are far more appropriate than what's being proposed.

2:37:39And I would say that allows the concealed weapon holder to make a choice I think we should make a choice instead of— because frankly, this after-the-fact conversation is alarming.

2:37:51After the fact, we're going to then maybe charge you with something, whether it be a felony or not.

2:37:56How about we just say no longer does a CHL grant you the permission to come into a public building with a weapon on its surface if that building has a policy that says no.

2:38:10So if you guys are dead set on passing something, I'd say pass something close which is about upon discovery— and let's say they're sitting in the audience— upon discovery, ma'am, you cannot have that.

2:38:21I need you to leave City Hall for that purpose.

2:38:23And if they don't, then we have a law that says exclusion.

2:38:27We have a rule that says exclusion, trespassing.

2:38:29We can do that.

2:38:30We don't have to put the threat of a felony against people who own and, and have a license as the thing.

2:38:38So I think there's an option here.

2:38:39I think we can work through it if we use our regular ordinances.

2:38:40Thank you.

2:38:41Big boy and big girl brains and, and, and really want to get into this.

2:38:45I think we can do this.

2:38:46But that conversation, the back and forth about how it will be applied, should scare the hell out of us in terms of that's not how laws are supposed to be written.

2:38:56I worry about that a lot.

2:38:58But it is why local trespass policies, local what you can and can't have policies— you know what else you can't have in here?

2:39:08Big noisemakers.

2:39:10You can have a choice to leave that noisemaker at the, at the door, but if you come in, we're going to trespass you with that thing.

2:39:17But we didn't threaten them with a felony on the back end if they bring in the noisemaker, right?

2:39:22So I think there's an expectation here for what the expectation is inside a public building and a public deliberating body space.

2:39:29I respect that a lot.

2:39:31Let's work in that let's amend this to not have a backdrop which is a felony, because I think we can do everything that the council president and the sponsor is asking us to do in a more reasonable manner.

Steve Novick 2:39:48 - 2:39:49

2:39:48Councilor Kanal.

Sameer Kanal 2:39:50 - 2:41:50

2:39:50Thanks.

2:39:50Um, first, I, I'd like to just indicate that in the future, I think if there is going to be legislation that will eventually have a vote I think in committee we should have an attorney here as a default item.

2:40:03I understand that we might need to have some conversations around capacity and staffing and all that, but I, I, I, and I appreciate that, but I, I'm saying up here, and I appreciate, uh, Robert Taylor being here.

2:40:13Um, I also note that our security manager's here, and I, I appreciate that as well.

2:40:17Um, the discretion conversation did scare the hell out of me.

2:40:22Um, just, just fundamentally that I, I am concerned about the idea of there being a felony for some of us and not for all of us.

2:40:35In that scenario, I am comfortable with the idea that there should be a consequence.

2:40:41I don't have discomfort around that because this is— I appreciate the comparison to a noisemaker.

2:40:47A noisemaker generally, under very, very— the odds are probably a million to one that they'll cause they're a lot higher with a firearm.

2:40:56So I do think it's, it's, it's, it's, and I don't think it's just a matter of same kind, different degree.

2:41:01I do think it's a different kind.

2:41:03At the same time, I am concerned about the idea of there being that much discretion in the context of it.

2:41:10This is a thing I've been pretty consistent about as we've had the conversation around all of the debates that we've had that relate to the criminal justice system.

2:41:22So I'm interested in that conversation a little bit more.

2:41:25I couldn't find in any of the 3 pieces of code that were referenced a place where it said it was a felony.

2:41:32So I appreciate the conversation around it's state law.

2:41:35Council President, could you speak a little bit more to, I guess, just build on what we've been talking about here with how this particular methodology— it sounds like we sort of were given an option by the state.

2:41:49We're looking at the state's recommendation.

Robert Taylor 2:41:50 - 2:41:50

2:41:50Yeah.

Sameer Kanal 2:41:51 - 2:42:06

2:41:51The state.

2:41:52I'm open to the conversation around is there a better way to get to the same end goal.

2:41:56I think that's a good idea, and I think it's a good use of committee time.

2:42:00So I'm just trying to understand what am I missing, if anything?

2:42:03But yeah, because I appreciate the intent very much.

Jamie Dunphy 2:42:06 - 2:42:47

2:42:06Yeah, I will just first start by saying I didn't actually author this.

2:42:10This came out of Bree Brown out of the City Attorney's Office.

2:42:13This was me working directly with the administration on what they see as a security gap.

2:42:18I'm happy to be the sponsor of this because anything that I think we can do to get guns out of public spaces is great.

2:42:26If there's a better way to do foot forward, this committee, that is the point of these committees.

2:42:29If this committee believes there is a better way to get the same outcome, I'm absolutely open to, you know, whatever you all decide is the best way forward.

2:42:37This, however, this specific language was not drafted by me or by Eben.

2:42:43We've helped, obviously, but this was coming from City Attorney's Office.

2:42:46Thank you.

Eben Harford 2:42:47 - 2:42:58

2:42:47And we do have the city attorney here to clarify the legal risk to individuals at this point.

2:42:54I personally misspoke.

2:42:56I was incorrect.

2:42:57So we should defer to Robert on that.

Steve Novick 2:43:02 - 2:43:16

2:43:02Yeah, actually, I would like to— Councilor Kanal, would it be okay to bring the city attorney up to answer some of these questions?

2:43:10And as Councilor Zimmerman just muttered, it actually would be nice to have people in the administration who wanted to bring this forward here too.

Eric Zimmerman 2:43:16 - 2:43:45

2:43:16But yeah, but because it inherently makes it more political when it comes from a councilor, right?

2:43:24So I appreciate you sharing that, Council President.

2:43:26You've seemed kind of— your answers in the previous session and this one kind of seemed like this was your pet project.

2:43:31And so, yeah, I think— I feel like there is an opening to a conversation here to have.

2:43:38So let's do that.

2:43:40But We've got to— if the security needs to bring things to the committee, we need to be hearing that.

Steve Novick 2:43:46 - 2:44:04

2:43:46Uh, Mr. Taylor, can you come up?

2:43:50And other councilors might have other questions to ask, but I, I just kind of want to know, do we have options other than this is a felony or this isn't if we want to discourage people from bringing firearms into public buildings?

Robert Taylor 2:44:07 - 2:47:25

2:44:07Hello, Robert Taylor, City Attorney.

2:44:10If I can just start with a process point that might be helpful.

2:44:15We have a lawyer in our office who has been handling this.

2:44:20They have a conflict.

2:44:22They're handling other city business right now.

2:44:26If members of the committee or proponents of legislation want a lawyer who's handling this to be available.

2:44:33It's very helpful to have that communication so that they can be sure to be available to answer those questions.

2:44:40I'm happy to be here to pinch-hit today on this, and I'll give you my best answers.

2:44:47And as this continues to move through the process, we're happy to update any information that we share today.

2:44:55So for— First, let me just say that this is all a creature of state statute, of state criminal law, and anything we do needs to be consistent with the state criminal law.

2:45:11This law regarding possession of weapons in a public building is complicated, and it has been subject to amendments over the years.

2:45:232025, When the legislature took action, it was illegal— it was a felony to carry a weapon into a public building.

2:45:37There was an affirmative defense, however, to that felony, which was if you had a concealed handgun license, you can assert that affirmative defense and you would not be prosecuted.

2:45:51In 2025, the law was changed and it gave governing bodies the ability to have a policy that says that affirmative defense no longer applies.

2:46:07So if you have— and if you have a policy that says the concealed handgun license no longer applies, then you can't prosecute for that.

2:46:13Okay.

2:46:15Then, if you have a weapon in a public building where the governing body holds official meetings, then if you have the CHL, it's not an affirmative defense.

2:46:28Instead, it is a misdemeanor.

2:46:31So what this legislation does is it says the affirmative defense under state law no longer applies.

2:46:39So that if you have a CHL at a meeting where the governing body is present, then in a building where the governing body holds official meetings, then that is a misdemeanor, not a felony, but it is still subject to a criminal penalty in a way that it wasn't before.

2:47:00And Councilor Novick asked a question earlier about what types of buildings does it apply to?

2:47:07Under the state statute, you can make a policy governing buildings where a governing body has official meetings.

2:47:17So it's not just any meeting of staff in a building.

2:47:20It's got to be a governing body where they hold official meetings.

Steve Novick 2:47:26 - 2:47:31

2:47:26Could we narrow it to a subset of that, to like meetings where the public— where the public are in attendance?

Eric Zimmerman 2:47:33 - 2:47:35

2:47:33Have any official meetings that they aren't in attendance?

Steve Novick 2:47:36 - 2:47:47

2:47:36Um, I don't know, but it just seems like there might be— I mean, there might be meetings that are somewhat official in some part of the city.

2:47:43You might be having a meeting that somebody would consider official that the public isn't involved in.

Robert Taylor 2:47:47 - 2:48:51

2:47:47It's— it— under the state statute, I believe it's got to be a governing body.

2:47:52So Planning Commission would be a governing body.

2:47:54We have advisory bodies that might be considered governing bodies.

2:47:57Governing bodies, but it's not just any building where staff meet, for example.

2:48:06So that's why the City Hall governing body meets, we have official meetings here, 1900 building, that happens there, might happen in the Portland building.

2:48:19So that's the intent of the legislature, So they've sort of predefined official meeting in a narrow way.

2:48:39Well, they didn't really define what official meetings is, but it's in the statute.

2:48:46It's buildings where okay.

Steve Novick 2:48:52 - 2:48:58

2:48:52Councilor Smith.

Loretta Smith 2:48:59 - 2:49:00

2:48:59Oh, thank you.

Steve Novick 2:49:00 - 2:49:01

2:49:00Councilor Kanal.

Sameer Kanal 2:49:02 - 2:49:38

2:49:02Thank you, uh, for the responses.

2:49:05It's with relation to governing body definitions.

2:49:09So ultimately what we're talking about is a decision that is, is directly made at the gov— at the, at the body.

2:49:17Is that a good way of— because I understand the planning commission's piece.

2:49:24I'm a little concerned around, like, for example, the CBPA, the Committee Board for Police Accountability, is a governing body.

2:49:31And I just want to verify that and be kind of— what's the simplest way for us to articulate the difference on that?

Robert Taylor 2:49:40 - 2:50:20

2:49:40I mean, the simplest way to articulate the difference is a governing body is one that's subject to the public meetings law, and their meetings need to be open to the public because they are making decisions on behalf of the entity or making recommendations to the council.

2:49:57That's what a governing body is.

2:49:59And if you are one of those types of bodies, then you are also subject to the public meetings law, which I think is why the legislature used that term.

2:50:08So governing bodies are subject to the public meetings law.

2:50:11They need to let the public have access to the meeting.

2:50:16And so I think that's why the legislature constructed the statute that way.

Sameer Kanal 2:50:21 - 2:50:32

2:50:21Okay, so anybody that makes recommendations to council, because council is subject to public meetings law the same way a city council committee is subject to it, anybody that makes a recommendation to us is also subject to it.

Robert Taylor 2:50:35 - 2:50:38

2:50:35Formally, right?

2:50:37Roughly speaking, yeah.

Sameer Kanal 2:50:39 - 2:50:50

2:50:39Okay, um, thanks.

2:50:42Uh, on a somewhat related piece, um, if a city leases a building and we hold a meeting there, does that still count?

Robert Taylor 2:50:51 - 2:51:05

2:50:51I think the statute is owned, like, owned or controlled by.

2:50:55So yeah, so if we lease a building, if we lease a building and you want to have city council If we're holding council meetings there, that would be the same as holding it in City Hall.

Sameer Kanal 2:51:05 - 2:51:22

2:51:05Okay, and then we have no committee or council meetings on Monday or Friday, so is— or Saturday or Sunday for that matter.

2:51:12How does that apply in terms of City Hall?

2:51:15Would it be only at times where it's meeting?

2:51:18Is it any building where we're holding it?

2:51:20I'm just trying to get these things on the record, by the way.

Robert Taylor 2:51:33 - 2:51:49

2:51:33So the statute says does not apply to the possession of firearms within a building owned or controlled by the governing body that is used by the governing body for official meetings.

2:51:43So I think you could— I mean, you can interpret that either way to say it applies to the whole building.

Eric Zimmerman 2:51:49 - 2:51:50

2:51:49I think it's the whole building.

Robert Taylor 2:51:50 - 2:51:55

2:51:50If you have official meetings in the building, then you can't have guns in that building.

Bob Day 2:51:55 - 2:51:55

2:51:55Okay.

Sameer Kanal 2:51:56 - 2:51:56

2:51:56And then—.

Robert Taylor 2:51:57 - 2:52:22

2:51:57Or if you wanted to narrow that so that you're only abolishing the affirmative defense at specific times when meetings are held, you could do that.

2:52:09I think that there are logistical concerns you would want to think through with that.

2:52:16In terms of making sure signage is posted and people really know what the rules are when they're entering a building or not.

Sameer Kanal 2:52:23 - 2:52:52

2:52:23So 2 final questions.

2:52:25One is just to kind of follow up on that.

2:52:29One of the conversations we've had sort of behind the scenes, or it's in front of the scenes, but periodically, sporadically at this point actually, is what if we held a City Council meeting in D1?

2:52:41And in order to do that, we'd probably be renting a space As a one-off.

2:52:46I mean, maybe the McPhish can handle it, but, but, uh, there's— if it was a one-off rental for something like that, that still counts, right?

Robert Taylor 2:52:54 - 2:52:54

2:52:54Yes.

Michael 2:52:54 - 2:52:55

2:52:54Okay.

Sameer Kanal 2:52:55 - 2:53:18

2:52:55And then last question, in terms of who is exempted from it, um, we have a conversation around, uh, it says police officers that are active, which makes sense, but also says honorably retired.

2:53:09Is that something within, um, Within city council's authorization, like, are we able to exempt— to not exempt people who are no longer in that field?

Robert Taylor 2:53:19 - 2:53:24

2:53:19I believe that is an exception in state law.

Sameer Kanal 2:53:25 - 2:53:27

2:53:25Meaning we could not supersede that?

Robert Taylor 2:53:27 - 2:53:34

2:53:27We could not supersede that.

2:53:29Any criminal statute the council passes must be consistent with state criminal law.

Sameer Kanal 2:53:35 - 2:53:36

2:53:35Sure, just making sure I understand.

Steve Novick 2:53:38 - 2:54:30

2:53:38Councilor Morillo, you're good with Brian.

2:53:49So this is a, this is a situation where, um, I'm particularly frustrated by the public meetings law because I think based on this conversation, what I ideally would like to do is to I would like to sit down with Councilor Zimmerman and Councilor Kanal, who has expressed an interest, and with Councilor Dunphy and with the administration and with the lawyers and try to figure out if we can work out something that we can all more or less agree on.

2:54:15I can't do that because then that would be 3 members of this committee involved.

2:54:21But I'm sort of hoping— I don't think that we're prepared to vote on this today, and I think that there's no real point to moving the amendment if we don't know what we're doing with the underlying ordinance.

Eric Zimmerman 2:54:30 - 2:54:30

2:54:30I think that's a good point.

Steve Novick 2:54:30 - 2:54:35

2:54:30Well, actually, okay, do you want to move the amendment anyway, Councilor Kanal?

Sameer Kanal 2:54:35 - 2:55:06

2:54:35I do.

2:54:36I think the question of the prohibit— what the consequences are is a lot of what we're talking about here.

2:54:42But I do think the idea of ensuring our definitions are not inadvertently self-contradictory is good, which I think is the concern that the amendment seeks to address.

2:54:54So I do think it's worth moving, and I will move it at this moment.

2:54:57Because I think it's, even if we're not getting everything done today, and I agree with your broader approach, I think it's worth getting one piece done today.

Steve Novick 2:55:06 - 2:55:22

2:55:06All right, second.

2:55:11Should we just go ahead and vote on the amendment since that seems to be a matter of— any debate on the amendment previously described?

2:55:21Clerk, could you call the roll?

Tristan Edwards 2:55:24 - 2:55:30

2:55:24This is the motion to amend Exhibit C to the ordinance, moved by Kanal and seconded by Novick.

Steve Novick 2:55:31 - 2:55:31

2:55:31Kanal?

Sameer Kanal 2:55:32 - 2:55:32

2:55:32Aye.

James Crooker 2:55:33 - 2:55:33

2:55:33Murillo?

Angelita Morillo 2:55:34 - 2:55:34

2:55:34Aye.

James Crooker 2:55:34 - 2:55:35

2:55:34Zimmerman?

Eric Zimmerman 2:55:35 - 2:55:35

2:55:35Aye.

Tristan Edwards 2:55:36 - 2:55:36

2:55:36Smith?

Loretta Smith 2:55:37 - 2:55:37

2:55:37Aye.

Angelita Morillo 2:55:38 - 2:55:38

2:55:38Novick?

Steve Novick 2:55:39 - 2:55:39

2:55:39Aye.

Tristan Edwards 2:55:40 - 2:55:48

2:55:40With a vote of 5 ayes, the motion to amend Exhibit C to the ordinance as shown in Councilor Dunphy 1 has been approved.

Steve Novick 2:55:50 - 2:55:57

2:55:50Thank you.

2:55:52Mr. President, do you have some thoughts as to how we should proceed and who should be involved in discussions before we bring this up again?

Jamie Dunphy 2:55:58 - 2:56:15

2:55:58I would love to be involved in the conversations.

2:56:00I'd like to make sure also that the administration's involved and absolutely support the continued conversation about this and not rushing this to a vote.

2:56:08I think that there will be obviously more conversation at the full council, but this is a good conversation to have.

2:56:13So I would be happy to be involved in whatever way you need me.

Steve Novick 2:56:16 - 2:56:24

2:56:16I think I'd hope Councilor Zimmerman would be involved.

2:56:20Councilor Kanal, should you and I flip a coin as to which of us is also involved in the discussion?

Sameer Kanal 2:56:25 - 2:56:28

2:56:25We'll make sure that there's not a— we can make sure there's not a quorum.

Steve Novick 2:56:28 - 2:56:30

2:56:28We'll flip a coin afterwards.

Jamie Dunphy 2:56:30 - 2:56:31

2:56:30Sounds good.

Steve Novick 2:56:31 - 2:56:33

2:56:31All right.

2:56:31Really appreciate this discussion.

Eric Zimmerman 2:56:34 - 2:56:43

2:56:34I did make a request that— I mean, we've got— when the council president said that there was some aspect that the administration wanted this to come forward Is there— I see Manny.

2:56:43Is it possible?

Steve Novick 2:56:44 - 2:56:45

2:56:44Oh, sure, sure.

2:56:45Yeah.

Eric Zimmerman 2:56:47 - 2:57:09

2:56:47Manny, if you're able, if there is a role in which— because this question is hanging for me, which is, are we looking for an exclusion, or are we looking to enforce a felony law, or, or sometimes a misdemeanor law?

2:57:01What is it that you're trying to solve if this is truly coming from the administration through the president's office what is at issue here?

Manny Guerra 2:57:10 - 3:00:11

2:57:10Well, for the record, my name is Manny Guerra.

2:57:12I'm the security manager.

2:57:16Just to step back just a little bit, this wasn't brought forth by security itself.

2:57:21This wasn't like integrated security saying, hey, we need to have it, this needs to happen.

2:57:26This is prior to, I think, everybody here on the dais and especially the CA.

2:57:32There was state law that went into effect that prohibited having firearms, even if you had a concealed carry, to go in.

2:57:40A lot of cities got upset because they, at the time, they were not included in that statute.

2:57:47So then the following year, I guess there were some folks that went to the state and said, hey, we feel like the cities should also be included in this.

2:57:57We should have the right to also exclude folks that have a concealed carry.

2:58:02The City of Portland also went in on that.

2:58:07On my end, I would just say that's a little bit of the background.

2:58:10But on my end, I would just say that when it comes to this, somebody that comes in with a CHL and tells us upfront that they have a CHL and shows it to us and then goes through the processes of what we have, which is give us a few minutes, we're going to contact PBB, they're going to send an officer and then verify your CHL.

2:58:28Once it's verified, I do not have an issue with that at all.

2:58:32That is actually somebody that is abiding by current law, is letting us know exactly what they have on their persons, and is able to verify that they actually have—it's valid for them to carry that firearm.

2:58:49So not an issue in that aspect.

2:58:51In my concern is always for the person that has a nefarious.

2:58:55Reason why they're concealed carrying, they somehow are able to make it into so-called facility without us knowing about that.

2:59:06That is the concern.

2:59:08In the big picture, more guns do not make areas more safe, but I also understand the reality of the world that we live in currently.

2:59:19So, I would just, I would be very comfortable with the idea of just saying, hey, if you refuse to leave, you have, we understand you have a valid CHL, we ask you to leave.

2:59:33You cannot come in because of this rule that we have, this code.

2:59:38You are ejected from, you know, or you're not welcome to come in for this.

2:59:43Usually, I'll just tell you that most folks will abide by that the next time they come back.

2:59:47Okay.

2:59:48So there's no reason to say like, hey, we need to have a trespass for more than, you know, for long term if they understand what the rules are.

2:59:56So that's how I feel about it.

3:00:00I don't think it should go automatically to a criminal matter since, I mean, they are abiding by state and, you know, state law and state rules.

Eric Zimmerman 3:00:11 - 3:00:12

3:00:11Okay.

Jamie Dunphy 3:00:13 - 3:00:14

3:00:13Follow-up.

Eric Zimmerman 3:00:14 - 3:02:24

3:00:14So, you know, Councilor Smith and I come from the experience in the early 2010s at Multnomah County where there were at various times, you know, they would pack the chambers, so to speak, and they'd pack the chambers with their weapons out.

3:00:33And this was this point of time when it was also happening at the state capitol.

3:00:39Where our, our Western roots were showing, I'll just say.

3:00:44And, uh, and it is, it is not inherently unsafe, and it is inherently, um, I'm missing the word here, but it is, it is, it is a— it's intimidating.

3:00:59Thank you, Councilor.

3:01:00It's inherently an intimidating moment.

3:01:02And I say that because as I look at this crowd Yeah.

3:01:08Um, there are key indicators of someone's behavior or things that I will visualize and know that's off, something's off.

3:01:18When the whole room is packed that way, to pick up on small movements is hard to do.

3:01:24I'll just— that's just me being incredibly transparent.

3:01:28So having a whole room of folks with weapons on their shoulders, on their hips, Yes.

3:01:32Not great.

3:01:33Not a great look.

3:01:33As a weapon carrier myself, as a CHL holder myself, I find it stupid.

3:01:42I think that that has, in some communities, the presence of a CHL has been a way in which people were getting around the exclusion of weapons inside official chambers.

3:01:56And I think it's perfectly reasonable to say that is not acceptable, and I think that's part partially where the state law is coming from, that that can't be an excuse for an intimidation tactic.

3:02:06And I think that that's reasonable to talk about.

3:02:11And I appreciate the direction that you're going, Chair.

3:02:14I think that we can work this out.

3:02:16There is more here to work out if our whole goal is to exclude weapons from a deliberative body's decision-making place.

Tristan Edwards 3:02:24 - 3:02:25

3:02:24Councilor Dan Ryan.

Eric Zimmerman 3:02:28 - 3:04:23

3:02:28But it's also a small part in which we're carving out, right?

3:02:31Councilor Smith has an office in East Portland.

3:02:35Since the body doesn't meet there, this does not apply to that office, even though she's a member of this body.

3:02:40But until we go as a group, that's not a body, right?

3:02:44To Councilor Kanal's points, I think that those things that we're really talking about, a few buildings only, which is why I think it's, I think it's appropriate to talk about what is our exclusion policy, and we can say something like the City of Portland now has state law that say we don't actually have to recognize that a CHL must be allowed to be permitted in.

3:03:05I think that's a reasonable discussion to have, but it worries me when we go down the path of criminal enforcement.

3:03:13And so I'd like to continue that conversation.

3:03:15I appreciate the nodded heads.

3:03:17Manny, I thank you for because I actually approach it very much the way your conversation was, is like, we're going to identify, we're going to know.

3:03:25If we say they're excluded, most people are going to say, okay, I'm out, or I'm going to go put it away somewhere.

3:03:30But I also add the one thing that is concerning here is I don't want to do anything that adds to the prevalence of guns being left in cars.

3:03:37The DA would slap me sideways if, if he knew we were doing anything that gets people to go leave their guns in cars, because I don't want to say the majority, but a tremendous amount of Stolen weapons are coming from cars because people leave them in there because they couldn't take them to a place, etc., etc., etc.

3:03:51It's wild, actually.

3:03:52It would shock the pants off you when you start figuring that stuff out.

3:03:56So let's keep working this.

3:03:59There's a route here that doesn't have to be a hard yes or a hard no on what came to committee.

3:04:07And I think that it is fair to say we're trying to solve against what I would say was an intimidation tactic from 10-some-odd years ago, and I'm sure it's happened more recently in, in other communities in Portland.

3:04:17I'm just talking about my experience at Multnomah County, and it probably happened here too.

3:04:22Thanks, Chair.

Steve Novick 3:04:24 - 3:04:44

3:04:24Thank you, Councilor.

3:04:26I hope that by the next meeting we can work things out so that we either have an agreement or we know what are the insoluble disagreements, but we can't guarantee that.

3:04:33But let's work towards that to see if we can take some action on July 7th.

3:04:39Thank you all very much.

3:04:40This meeting of the Community and Public Safety Committee is right on time adjourned.

Loretta Smith 3:05:00 - 3:05:00

3:05:00Thank you.