WEBVTT

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<v Dan Ryan>Good morning.

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<v Derek Foxworth>Good morning.

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<v Sameer Kanal>We're going to call this meeting of the Portland City Council Committee of the Whole to order.

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<v Sameer Kanal>It is October 29th, 2026, at 9:31 AM.

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<v Sameer Kanal>32 AM.

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<v Sameer Kanal>Rebecca, will you please call the roll?

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<v Rebecca Dobert>Good morning.

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<v Rebecca Dobert>Clark?

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<v Rebecca Dobert>Green?

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<v Mitch Green>Present.

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<v Rebecca Dobert>Zimmerman?

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<v Rebecca Dobert>Avalos?

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<v Candace Avalos>Present.

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<v Rebecca Dobert>Dunphy?

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<v Jamie Dunphy>Here.

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<v Rebecca Dobert>Smith?

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<v Loretta Smith>Here.

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<v Rebecca Dobert>Pirtle-Guiney?

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<v Rebecca Dobert>Ryan?

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<v Dan Ryan>Here.

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<v Rebecca Dobert>Koyama Lane?

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<v Tiffany Koyama Lane>Here.

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<v Rebecca Dobert>Murillo?

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<v Rebecca Dobert>Novick.

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<v Steve Novick>Not absent.

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<v Rebecca Dobert>Kanal.

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<v Sameer Kanal>Here.

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<v Sameer Kanal>Christopher, will you please read the statement of conduct?

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<v Christopher>Good morning.

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<v Christopher>Welcome to the meeting of the Finance and Governance Committee of the Whole.

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<v Christopher>To testify before this committee in person or virtually, you must sign up in advance on the committee agenda at www.portland.gov/council/agenda/committee-whole or by calling 311.

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<v Christopher>Information on engaging with the committee can be found at this link.

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<v Christopher>Registration for virtual testimony closes 1 hour prior to the meeting.

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<v Christopher>In-person testifiers must sign up before the agenda item is heard.

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<v Rebecca Dobert>If public testimony will be taken when called upon an item, individuals may testify for 3 minutes unless the Chair states otherwise.

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<v Rebecca Dobert>Your microphone will be muted when your time is over.

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<v Rebecca Dobert>The Chair preserves order.

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<v Rebecca Dobert>Disruptive 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.

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<v Rebecca Dobert>If you cause a disruption, a warning will be given.

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<v Rebecca Dobert>Further disruption results in ejection from the meeting.

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<v Rebecca Dobert>Anyone who fails to leave once ejected is subject to arrest for trespass.

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<v Rebecca Dobert>Additionally, the committee may take a short recess and reconvene virtually.

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<v Rebecca Dobert>Your testimony should address the matter being considered.

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<v Rebecca Dobert>When testifying, state your name for the record.

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<v Christopher>If you're a lobbyist, identify the organization you represent, and virtual testifiers should unmute themselves when the clerk calls your name.

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<v Christopher>Thank you.

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<v Sameer Kanal>Thank you, Christopher.

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<v Sameer Kanal>Colleagues, today we have a pretty packed agenda, but nothing on our agenda today is getting a vote.

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<v Sameer Kanal>Um, there's no legislative items that require a vote.

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<v Sameer Kanal>Um, we do have some space and time in the weeks ahead, so some of these items may be continued forward.

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<v Sameer Kanal>But our goal today is to get through the presentation and Q&A on, uh, the citywide immigrant affairs lead presentation, as well as the presentation on chemical weapons use, have about 5 minutes for anyone to float any potential legislation that may be coming up, um, that could require Committee of the Whole, uh, consideration, and then get through some of our testimony.

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<v Sameer Kanal>We've put in the, uh, in the signup form for people when they're testifying that we can probably get through 15, maybe 17 or 18 folks, uh, for testimony.

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<v Sameer Kanal>And after that, we might continue that public hearing item on.

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<v Sameer Kanal>Um, in order to do that, I might be giving some specific time throughout this process, we've got about, I think, 20 minutes for the presentation plus 25 for Q&A on the citywide immigrant affairs lead.

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<v Sameer Kanal>I think it's 35 and 40 respectively on the other presentation on chemical weapons as well.

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<v Sameer Kanal>So we're going to try to hold to that just to make sure that we're not cutting off testimony at the end.

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<v Sameer Kanal>And then we will have the opportunity, pending of course our presenters' schedules, to invite them back over the next couple weeks to continue this conversation.

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<v Sameer Kanal>There is a little bit of space in the schedule.

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<v Sameer Kanal>Thank you.

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<v Sameer Kanal>Um, can you please call item 1?

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<v Rebecca Dobert>Item 1, committee chair updates, document number 2026-388.

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<v Sameer Kanal>All right, so colleagues, we have, um, I'm going to be brief with the chair update today.

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<v Sameer Kanal>We've got, um, a few things that have been moved around, um, with the, um, knowledge that next week we are meeting.

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<v Sameer Kanal>This committee is the only committee that's meeting next week, but because of HVAC work At City Hall.

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<v Sameer Kanal>The meeting will not be here.

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<v Sameer Kanal>It will be entirely virtual.

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<v Sameer Kanal>And because of that and a couple other things, we've got a few things within November got moved around.

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<v Sameer Kanal>I'll also note that the vice chairs of the committee, Councilor Ryan and Councilor Koyama Lane, will be chairing the meeting on November 12th.

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<v Sameer Kanal>They'll be calling in remotely for that.

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<v Sameer Kanal>So that's basically what's changed on the first page.

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<v Sameer Kanal>We've also added a couple more appointments that have been requested by the administration in December.

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<v Sameer Kanal>Thank you.

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<v Sameer Kanal>There's no changes on either of the next 2, uh, 3 sections, 2, 3, and 4.

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<v Sameer Kanal>I will note that we had a request early in the year to discuss public arts and monuments.

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<v Sameer Kanal>We have not scheduled that, partially because nobody has really taken on sort of what does that conversation look like.

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<v Sameer Kanal>If anyone is interested in that, I'd be happy to add them to this list.

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<v Sameer Kanal>I know that Councilor Ryan has, uh, has a lot of experience in this area.

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<v Sameer Kanal>Uh, as well.

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<v Sameer Kanal>But if anyone would like to be added, let me know, and that can be for planning for something in January.

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<v Sameer Kanal>And then I did want to note that Councilor Clark let me know that she couldn't be here in time for the, uh, report today.

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<v Sameer Kanal>She has a conflict.

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<v Sameer Kanal>And so, um, I won't— we won't be doing the committee update on Public Works this week.

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<v Sameer Kanal>We will just kind of continue our rotation into next week for, uh, Chair Novick of Community and Public Safety next week.

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<v Sameer Kanal>Um, but I did want to just briefly say that this week at, at the, um, Public Works Committee, we had 2 items.

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<v Sameer Kanal>One is an ordinance that was referred to the full council that will allow a little more flexibility for Portlanders to paint the curb directly outside and adjacent to their driveway.

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<v Sameer Kanal>And the other, um, was a discussion with no legislative item relate— just continuing our conversation on automated— sorry, autonomous vehicles.

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<v Sameer Kanal>Um, that's pretty much all I have this week.

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<v Sameer Kanal>Not a whole lot new here.

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<v Sameer Kanal>Are there any questions before we move on to the next item?

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<v Sameer Kanal>All right, we'll move ahead.

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<v Sameer Kanal>Rebecca, will you please call item 2?

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<v Rebecca Dobert>Item 2, report from citywide immigration affairs lead, document number 2026-381.

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<v Sameer Kanal>Thank you so much.

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<v Sameer Kanal>We have with us our citywide immigrant affairs lead, Brenda Alvarado.

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<v Sameer Kanal>Thank you so much for being here, and I'll, uh, hand it over to you.

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<v Unidentified speaker>I'll start us out with just with some opening comments while Brenna gets set up.

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<v Unidentified speaker>Uh, want to keep in mind that the Sanctuary City Ordinance and the Portland, uh, Protect Portland Initiative was passed in October of 2025.

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<v Unidentified speaker>It was important for the city to stand with our immigrant neighbors, uh, reaffirm our status as a sanctuary city, and put protocols in place for reporting interactions with federal immigration enforcement officials.

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<v Unidentified speaker>At the time of passing, there was no funding allocated for the coordination of this work.

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<v Unidentified speaker>The mayor's office provided funding to bring on a coordinator, Brenda, who has— who was hired in February of 2026.

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<v Unidentified speaker>While she started in the mayor's office, she is now working in the administration office.

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<v Unidentified speaker>Today, Brenda will be sharing her work to date.

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<v Unidentified speaker>This content makes up the majority of the required she will be releasing the report next week following feedback from this work session.

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<v Unidentified speaker>While we are conscious that we do not have the capacity to add new work beyond what the ordinance and resolution has called for, we do want to ensure that the yearly report is in alignment with council's expectations.

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<v Unidentified speaker>We look forward to the conversation today, and now I'll turn it over to Brenda.

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<v Unidentified speaker>Thank you, Council President Jamie Dunphy.

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<v Unidentified speaker>The first-ever Immigrant Affairs Lead for the city, to walk us through her presentation.

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<v Sameer Kanal>Thank you so much.

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<v Brenda Alvarado>Thank you, City Administrator, for that kind introduction.

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<v Brenda Alvarado>Chair Kanal, for the invitation to present, and the councilors for the opportunity to share the work.

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<v Brenda Alvarado>My computer just restarted just to like— because I don't have enough cortisol.

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<v Brenda Alvarado>Sorry.

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<v Brenda Alvarado>Thank you for the opportunity to present.

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<v Brenda Alvarado>I It's been a year.

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<v Brenda Alvarado>October 15th, 2025 is when the sanctuary ordinance and the Protect Portland Initiative resolution was passed.

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<v Brenda Alvarado>And I guess I should start off with my name.

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<v Brenda Alvarado>It's helpful to have these signs.

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<v Brenda Alvarado>My name is Brenda Alvarado, the City of Portland Immigrant Affairs Lead.

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<v Brenda Alvarado>And when these 2 pieces of legislation were passed, I was not with the city.

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<v Brenda Alvarado>I was actually with advocates outside of the ICE facility supporting immigrants who had ICE appointments families and individuals who are trying to find their loved ones.

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<v Brenda Alvarado>And I think it's important to really understand where the mindset was for councilors as well as the community in passing these pieces of legislation.

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<v Brenda Alvarado>And so with the intent of trying to understand where you all had, uh, the intent you all had in passing this legislation, I actually reviewed the, the hearing of when this legislation was passed and next slide, please.

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<v Brenda Alvarado>And at that time, we did not know, but Operation Black Rose was underway.

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<v Brenda Alvarado>And there was a testimony from a Portlander who had shared that the first bus had arrived at McAdam, and that bus is a bus that transports immigrants from the Portland ICE facility— Portland processing facility— to Tacoma, Washington.

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<v Brenda Alvarado>And she had expressed just the, the real fear of what that meant for our community.

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<v Brenda Alvarado>And I remember being an advocate outside of the ICE facility and seeing that bus and the dread and anxiety of what that bus meant.

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<v Brenda Alvarado>That bus meant that it would— it was going to be more windows broken.

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<v Brenda Alvarado>It meant that we were going to have more teenagers show up outside of our— outside of the ICE facility trying to find their parents.

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<v Brenda Alvarado>It meant that children were going to go home and not have one or two parents there because they were taken.

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<v Brenda Alvarado>Um, It meant that more families were going to be separated.

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<v Brenda Alvarado>And a lot has changed since the year that these 2 pieces of legislation that has passed, but that bus is now a regular occurrence.

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<v Brenda Alvarado>It is coming weekly, if not multiple times a week.

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<v Brenda Alvarado>And detentions, despite it being less visible on social media, it is increasing.

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<v Brenda Alvarado>And so in October 2025, Operation Black Rose was initiative from the federal government in which they sent 100 federal agents to the Portland metro area to increase immigration enforcement statewide.

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<v Brenda Alvarado>To show in comparison, the first 8 months of 2025, there's 462 people detained.

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<v Brenda Alvarado>In the first month of Operation Black Rose, that was— there was 362 Oregonians who were detained.

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<v Brenda Alvarado>So the increase of federal presence had an immediate impact of destruction in our community.

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<v Brenda Alvarado>At that time, PERC was reporting 15 to 45 detentions per day, and the National Guard threat was looming.

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<v Brenda Alvarado>Thank you.

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<v Brenda Alvarado>Today we are continuing to see detentions, but the administration has gotten smarter.

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<v Brenda Alvarado>They are using administrative tactics to entrap immigrant communities, and anytime an immigrant is making a mistake because of these entrapments, the penalty is harsh and severe and likely a detention order.

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<v Brenda Alvarado>And we are seeing national tactics show up locally, including the mega master hearing, airport detentions, and we are seeing increased surveillance.

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<v Brenda Alvarado>Thank you.

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<v Brenda Alvarado>The federal surge threat looms.

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<v Brenda Alvarado>We're seeing nationally early in October there was an uptick of immigration enforcement here, and we are seeing that the, the increase in enforcement is popping up in cities across the nation.

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<v Brenda Alvarado>And the ability to increase the immigration enforcement capacity is, is quick and easy for the federal administration, who's using every resource possible to separate our communities and our family.

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<v Brenda Alvarado>Next slide, please.

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<v Brenda Alvarado>Thank you.

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<v Brenda Alvarado>The first slide here demonstrates just that.

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<v Brenda Alvarado>And so this information is from the Portland Immigrant Rights Coalition.

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<v Brenda Alvarado>It is the entity that's monitoring immigration enforcement for the state.

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<v Brenda Alvarado>It is a self-reported hotline, so often these numbers are underreported.

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<v Brenda Alvarado>And so if you see that long line, that is where we're at in 2026.

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<v Brenda Alvarado>And then that shorter, thicker line is 2025.

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<v Brenda Alvarado>Continuously, we are seeing higher amounts, 50% increase in the number of people who are detained specifically.

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<v Brenda Alvarado>So for the first 8 months of 2025, we saw 462 detentions.

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<v Brenda Alvarado>In 2026, in that same 8-month period, there was over 700.

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<v Brenda Alvarado>And so advocates are wondering, how is this possible?

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<v Brenda Alvarado>How is this going on when we're not seeing it?

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<v Brenda Alvarado>And it is because, as I mentioned, the administration is getting smarter.

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<v Brenda Alvarado>Next slide, please.

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<v Brenda Alvarado>And this information is from the Data Deportation Defense Project, but it was also taken from an Oregonian article that was highlighting the administrative arrests by ICE in Oregon that has seen a significant uptick since January 20th.

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<v Brenda Alvarado>If you can see, um, when President Trump came into office, you saw an immediate impact.

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<v Brenda Alvarado>And since this past, uh, year, we are seeing a continuing increase of the federal government using the federal administration, the processes, to continue to entrap immigrant communities.

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<v Brenda Alvarado>Next slide.

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<v Brenda Alvarado>And so, as I mentioned, as I mentioned, uh, detentions are happening at a higher rate, but we're not seeing it.

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<v Brenda Alvarado>And these are called detention pipelines.

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<v Brenda Alvarado>One of the detention pipelines that was happening nationally and now we're seeing here locally in Portland is a mega master hearing.

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<v Brenda Alvarado>A mega master hearing is a tactic in which asylum seekers, because there's such a significant backlog, are having their hearings rescheduled with little notice and as early as years in advance and months in advance.

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<v Brenda Alvarado>So you may be an asylum seeker and think your hearing is not until 2029, and the administration has moved it to tomorrow.

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<v Brenda Alvarado>And you are operating and moving around in society thinking that you have complied and are continuing to have your deportation protections from having an active asylum case, but you don't know that you missed your hearing and thus an order of deportation has been ordered, has been issued for you.

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<v Brenda Alvarado>And this national tactic we saw some really concerning implications in Chicago.

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<v Brenda Alvarado>58% Of those who had, 10,000 people who had these hearings, 58% were ruled absent because they were not notified.

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<v Brenda Alvarado>Because these hearings, which are often 12 to 20 people, are being packed up as much as 100.

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<v Brenda Alvarado>And so not only are folks not getting notice of their hearings, but they're showing up to the hearings and there's so much chaos that they're not hearing their name and they're not being properly moved forward.

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<v Brenda Alvarado>Councilor Smith, marked as present.

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<v Brenda Alvarado>And so that is one of the main tactics that we're seeing here in Portland.

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<v Brenda Alvarado>Portland has— Oregon has one immigration court that serves the state and also neighboring states, um, and it has 2 mega hearings per week on average that we're seeing from advocates.

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<v Brenda Alvarado>Next slide, please.

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<v Brenda Alvarado>Uh, the other detention pipeline is temporary protected status.

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<v Brenda Alvarado>So temporary protected status is, uh, a protection that is, uh, at the discretion of the Department of, um, of the Secretary of State, and it's a protection that is given to nationals who are from countries where there is some sort of unrest.

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<v Brenda Alvarado>And it is— what is given to these individuals is protection from deportation and work authorization.

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<v Brenda Alvarado>And when the Trump administration came into power, there was close to 1.2 million people from 17 countries with TPS status.

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<v Brenda Alvarado>Since then, there is only 4 countries that continue to have this status, leaving all of these families folks with little to no pathways to adjust their status.

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<v Brenda Alvarado>And what's concerning is Haiti, for example, has currently— the State Department says it's a level 4.

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<v Brenda Alvarado>US citizens should not be traveling there because of the unrest and how unsafe it is.

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<v Brenda Alvarado>But at the same time, the administration has revoked the temporary protected status for these, for the Haitian community.

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<v Brenda Alvarado>And so you're seeing immigrants who are being forced in a position that they are having to return to countries that are unsafe.

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<v Brenda Alvarado>Thank you.

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<v Brenda Alvarado>And, and, or stay here and be in the shadows and, and be targeted by the administration.

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<v Brenda Alvarado>And so, uh, that is one of the pipelines that we're seeing, um, that are resulting in, in community members losing some necessary safeguards.

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<v Brenda Alvarado>Uh, next slide, please.

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<v Brenda Alvarado>Uh, there is not discrimination that's happening for those who are being detained.

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<v Brenda Alvarado>Uh, 75 different countries, um, nationals that were detained here in Oregon from 2025 to 2026.

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<v Brenda Alvarado>The majority of them is Mexican citizens with Guatemalans, Venezuelan, but we saw in the first year of the Trump administration that there was a priority with the Latino community, and we're seeing that it's expanded as they're continuing to hit these very high and arbitrary detention quotas.

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<v Brenda Alvarado>Next slide, please.

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<v Brenda Alvarado>And to see the current landscape and to ensure that our current protocols and policies are reflective of what the harm is right now is this is where detentions are happening location-wise.

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<v Brenda Alvarado>So 24% is the biggest percentage in this from July to September, and that is at big box stores.

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<v Brenda Alvarado>Innovation Law Lab sued the federal government earlier this year in spring because Portland— Oregonians were able to document that ICE was making arrests without warrants.

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<v Brenda Alvarado>Oregon became one of 3 states that had a ban on warrantless arrests by ICE.

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<v Brenda Alvarado>It was a was a critical safeguard that allowed for immigrant communities to have due process.

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<v Brenda Alvarado>Earlier this fall, we were seeing the increase of detentions, and so Innovation Law Lab went back to court and said to the judge, ICE is not following your detention— your ruling, and asked for the judge to rule again to enforce ICE to follow the original ruling.

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<v Brenda Alvarado>And in the discovery, they found that ICE was in parking lots and running license plates.

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<v Brenda Alvarado>And if your name popped up, they were then arresting you.

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<v Brenda Alvarado>And so that leads to the big store parking lots.

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<v Brenda Alvarado>And until that information was discovered, immigrant communities were terrified.

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<v Brenda Alvarado>They were scared the self-checkout was maybe giving that to ICE.

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<v Brenda Alvarado>They were scared that if they talked to an employee at one of these big box stores, that they were sharing information.

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<v Brenda Alvarado>And so it really paints how much fear and how much surveillance and just anxiety these communities are having.

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<v Brenda Alvarado>The other thing to note in this is that the other detention rate, 21%, is detentions on the road.

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<v Brenda Alvarado>ICE's reports are that ICE is arriving on scene and is off the scene and detains someone within 90 seconds.

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<v Brenda Alvarado>So as I mentioned, they're getting smarter, they're becoming strategic, they are doing targeted arrests by entrapping people and removing their protections without properly notifying them.

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<v Brenda Alvarado>And then they are also running the license plates to either get them at the store or get them down the road, because when they are isolated and when they're by themselves, it's harder for them— for people to be notified that they've been taken.

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<v Brenda Alvarado>ICE does not leave a note saying, if— please contact this number, this family individual was taken.

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<v Brenda Alvarado>And so oftentimes, and even in October, earlier this month, With the uptick of detentions, people forgot what it was like, and there was a lot of family members who thought families were kidnapped because you just see broken glass and you don't know where that family member is.

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<v Brenda Alvarado>They didn't show up to work.

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<v Brenda Alvarado>Next slide.

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<v Brenda Alvarado>During the same period of July-September 2026, 62 of those detentions were in Multnomah, and 21 counties had Multnomah continues to be the higher detention county.

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<v Brenda Alvarado>It's hard to say whether or not it's because we're— we have the Portland ICE facility, whether it's because we're being targeted.

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<v Brenda Alvarado>But a big— another factor is that we are training our community to call PERC.

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<v Brenda Alvarado>And so because we have a more trained community, we are having the notification become easier and having that oversight possible.

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<v Brenda Alvarado>Thank you.

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<v Brenda Alvarado>Next slide, please.

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<v Brenda Alvarado>So that is the current landscape that we're in and the sanctuary protection progress that we've done since October 25th.

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<v Brenda Alvarado>We submitted a FOIA request to ICE, USCIS, and the Immigrant Executive Office of Immigration Review, as is directed by the sanctuary ordinance, to increase transparency and to also get information that is not being shared outright by the federal government so that you all, policymakers, and then the city administration can have policies and protocols that reflect the current need.

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<v Brenda Alvarado>We've held 2 immigrant forums.

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<v Brenda Alvarado>These immigrant forums is the Asian Immigrant Forum and the African Immigrant Forum.

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<v Brenda Alvarado>These are know-your-rights trainings that we partner with Innovation Law Lab and Portland Immigrant Rights Coalition.

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<v Brenda Alvarado>And we specifically chose the Asian immigrant community and the African immigrant community because they are underdiscussed when we're talking about it, and they are, they are one of those that are being the Latinx community made up the majority of the detentions last year, and because of that, they were able to create a very strong rapid response infrastructure.

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<v Brenda Alvarado>And we wanted to share those best practices with other communities, and the feedback has been really positive.

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<v Brenda Alvarado>We've also had rapid response networks established within the city.

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<v Brenda Alvarado>So I took over a meeting that was originally created by Councilor Koyama Lane during the first year of the Trump administration where we regularly meet with rapid response advocates to ensure that we are advocating and supporting the needs of the community.

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<v Brenda Alvarado>They hired an immigrant affairs lead to centralize the coordination.

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<v Brenda Alvarado>The police has created protocol and trainings to ensure that they are fulfilling their obligations within the sanctuary city codification and the state Sanctuary Promise Act.

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<v Brenda Alvarado>We have created the employee protocol for interacting with immigration agents.

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<v Brenda Alvarado>There's an internal infrastructure for immigrant affairs liaisons.

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<v Brenda Alvarado>There is a sanctuary city resource hub created, and then we have designated the public and non-public signage across the city, citywide.

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<v Brenda Alvarado>And we have citywide reporting portals to document any sort of ICE immigration activity to ensure that we have a proper understanding of how this is showing up in our city spaces and next slide.

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<v Brenda Alvarado>Employee preparedness.

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<v Brenda Alvarado>So the mayor has, and the city administrator have expressed that our first priority is employees.

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<v Brenda Alvarado>We cannot make sure that the public is safe if we're not making the institution safe first.

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<v Brenda Alvarado>And so the protocols that are being developed and/or are developed are an employee— what happens when employees approached by an ICE agent, What happens if an employee observes a detention while working, or what happens when a city employee is detained?

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<v Brenda Alvarado>We're also ensuring that employees understand their sanctuary responsibilities under federal, state, and local law and resources available to them.

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<v Brenda Alvarado>And lastly, as I mentioned, clarifying the public and non-public areas in city facilities and training employees on how the public or even immigration agents should be accessing those spaces to ensure that the intention of documenting those are being fulfilled.

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<v Brenda Alvarado>Next slide, please.

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<v Brenda Alvarado>So the approach for the how— what happens when an employee is approached by a federal agent, it's a no wrong door approach.

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<v Brenda Alvarado>We originally wanted one phone call to ensure that there's one phone call anyone who is being approached by an ICE agent can contact this phone call to initiate the citywide awareness that an immigration agent is asking either for information about someone or right now, the way that the process is, is that it's a yellow card.

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<v Brenda Alvarado>Employees, and those are for non-supervisors or for supervisors who feel that it would be harmful to interact with an ICE agent, they would have this yellow card, and if an ICE agent is approached to them, they will pass that along to the ICE agent.

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<v Brenda Alvarado>The intention of this is that ICE agents are intimidating and they are not a friendly presence to the public.

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<v Brenda Alvarado>Thank you.

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<v Brenda Alvarado>A frequent occurrence.

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<v Brenda Alvarado>And so we want to ensure that the folks who are reviewing judicial warrants are trained and also are comfortable with enforcing boundaries and city protocols.

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<v Brenda Alvarado>And so this really is to support the frontline workers and ensure that at least also someone is notified that ICE is there.

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<v Brenda Alvarado>And so a, a yellow card employee will hand this over to the ICE agent, they will step away, and they will notify their security partners.

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<v Brenda Alvarado>So if you are a parks employee, you will contact the parks rangers.

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<v Brenda Alvarado>And the security team is made up of 311, park rangers, the security operations here with Manny, Mike Porter, myself.

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<v Brenda Alvarado>And the purpose of this is that— and also PBEM— the purpose of this is that citywide we know what's happening and we can all coordinate.

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<v Brenda Alvarado>And if there is ways to mitigate risk and notify other people who are in that area, we can do that.

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<v Brenda Alvarado>Thank you.

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<v Brenda Alvarado>The other purpose is that we are notifying the mayor and the city administrator with recommendations and updates that this is happening, as well as council.

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<v Brenda Alvarado>And then the next thing is employees, informing the public and employees if it feels appropriate.

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<v Brenda Alvarado>An orange card holder will be individuals who will be reviewing the judicial warrant to determine if that warrant satisfies the legal requirements to grant access to a nonpublic space or information.

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<v Brenda Alvarado>An orange card holder will have a checklist that is, and that's on the right, that is to be completed 'Cause every part of that in that list is required for it to be a valid warrant to grant access or assist or information.

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<v Brenda Alvarado>Again, these incidents are not happening often, and so we heard from employees they want the ability to be able to know what to do in these rare occurrences.

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<v Brenda Alvarado>Next slide, please.

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<v Brenda Alvarado>The other part of these employee protocols is having employees feel that they are not abandoning and it is a way for us to support individuals in the most effective way that allows for our personnel and legal partners to provide due process to them.

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<v Brenda Alvarado>And so this on the right, as I mentioned, Oregon became one of 3 states that had a ban on warrantless arrest.

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<v Brenda Alvarado>And that's because we trusted the system, we trusted our legal partners, and we continue to use the tools that are effective.

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<v Brenda Alvarado>And that is what the effective tools are.

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<v Brenda Alvarado>And so communicating that to employees so that they do not feel like they are being targeted or targeted add harm to themselves or to the community is part of that training as well.

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<v Brenda Alvarado>Next slide.

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<v Brenda Alvarado>This is the internal immigrant affairs liaisons.

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<v Brenda Alvarado>These are a network that's supposed to help implement, provide feedback on how these protocols are implemented and developed, as well as be a source of— a resource for employees if they have questions, they feel that there's any gaps in policy or protocol, or have any questions about what resources are available.

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<v Brenda Alvarado>Thank you.

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<v Brenda Alvarado>Citywide, we have 64, and I meet with them biweekly.

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<v Brenda Alvarado>Next slide.

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<v Brenda Alvarado>This is the sanctuary website for city employees, and we are working on creating guides, printable yellow and orange cards.

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<v Brenda Alvarado>The first round of yellow and orange cards will be delivered, but if they need new ones, they can print them off.

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<v Brenda Alvarado>Printable signs for non-public areas to establish that.

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<v Brenda Alvarado>An immigrant liaison reference guide.

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<v Brenda Alvarado>You can find the reporting interaction protocol the Human Resource Immigration Leave Policy, which you all passed, that allows city employees to take leave if they've had immigration detention in their immediate family, and then community resources for employees to share.

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<v Brenda Alvarado>Next slide.

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<v Brenda Alvarado>The sanctuary ordinance and the Protect Portland Initiative resolution had specific directives for the Portland Police Bureau.

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<v Brenda Alvarado>And early on, the Portland Police Bureau created their own reporting app called FIRA, the Federal Immigration Reporting Application.

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<v Brenda Alvarado>FIRA.

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<v Brenda Alvarado>And that became live December 2025, prior to the citywide resolver app that is for the rest of the city.

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<v Brenda Alvarado>They also early on created training and protocols with interacting with immigration enforcement.

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<v Brenda Alvarado>They created these cards for individuals who have English as a second language that you can carry on you, and if you are pulled over by a police officer, you can show that, and police officers know that that individual would need interpretation.

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<v Brenda Alvarado>They also created a referral resource because at the beginning of the surge, and continues, people were reporting kidnapping.

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<v Brenda Alvarado>And after their investigation, they found that it was an ICE detention.

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<v Brenda Alvarado>This QR code is given to those individuals that connects them to immigration services and support.

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<v Brenda Alvarado>They've also done community safety workshops for immigrant and refugees in which they do what you should know when someone is pulled over, what services PPB can provide for you, and also listening sessions to hear back from the community.

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<v Brenda Alvarado>Thank you.

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<v Brenda Alvarado>As we see immigration agents continuously erode trust with local law enforcement by masking as police officers or masking and not identifying themselves, these intentional efforts by PPB has allowed for the immigrant and refugee community to feel that there is one government entity who is trying to, to provide support as the federal government is using every resource to target and harm them.

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<v Brenda Alvarado>Thank you.

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<v Brenda Alvarado>Next slide.

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<v Brenda Alvarado>The other part is intergovernmental coordination.

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<v Brenda Alvarado>The City of Portland does not have the billions that the federal government has dedicated to immigration enforcement.

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<v Brenda Alvarado>And so what has to happen is we are stronger by being effective with our resources and using and partnering with different levels of government.

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<v Brenda Alvarado>And so one example of that intergovernment coordination is myself and the federal government relations for the city partnered up and asked the congressional delegation if they could do an oversight visit to the Portland ICE facility after we heard reports that there was a spike in requests earlier this month and that attorneys were being denied access, in one instance, 12 times in one day.

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<v Brenda Alvarado>That visit did happen and it provided some critical information for rapid response partners and oversight, and that folks are watching and due process matters for immigrants, and we will be ringing the bell when that is violated.

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<v Brenda Alvarado>Thank you.

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<v Brenda Alvarado>The next that we did is when we were informed of the mega master hearings, we quickly elevated that to city leadership and the mayor made a personal call to the governor as well as the attorney general.

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<v Brenda Alvarado>And then the staff from all 3 of us met up and discussed what the potential implications and harms.

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<v Brenda Alvarado>And ultimately on October 6th, the attorney general and governor sent a letter to the US Attorney General.

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<v Brenda Alvarado>Thank you.

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<v Brenda Alvarado>And EOIR calling for the immediate halt.

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<v Brenda Alvarado>We participate in weekly calls with congressional and state offices and community advocacy organizations to provide updates, share supports, and try to use our platforms as much as possible to provide oversight and transparency when trends are being elevated in that.

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<v Brenda Alvarado>The other thing that we do is, as I mentioned, Councilor Koyama Lane had created this weekly meeting with advocates and I have taken that over since coming into this role.

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<v Brenda Alvarado>And City of Portland is doing a lot of great work.

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<v Brenda Alvarado>And what we do is we had heard from advocates that there is some concerns with their emergency communications in Southern Oregon, and they wanted to understand more about how that works.

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<v Brenda Alvarado>And so BOEC Director Mosley did a presentation to those advocates so that they could understand how it works, and they can try to formulate ways to, um, have specific asks in, in other spaces, in other counties, in other cities.

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<v Brenda Alvarado>And so really being a resource and trying to use any res— any of our resources to support the community.

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<v Brenda Alvarado>The other thing is we initiated a peer city immigrant strategy call with our sister cities Chicago, LA, Minneapolis to understand what the best practices are for FOIA requests, what direct services.

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<v Brenda Alvarado>And it really thank you.

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<v Brenda Alvarado>And that was helpful in formulating what the next phase of our FOIA initiative is.

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<v Brenda Alvarado>And we supported Newport's legal effort for greater transparency in ICE's— the federal government's efforts to create a detention facility without notifying the city.

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<v Brenda Alvarado>And as of this past week, they are now required and committed to the city to advance notice of any plans of building.

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<v Brenda Alvarado>Oregon does not have any detention facilities.

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<v Brenda Alvarado>It's one of our strongest safeguards, uh, in the state to ensure that, uh, the capacity, um, has some sort of, uh, the capacity of detention has a limit.

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<v Brenda Alvarado>Um, the Portland ICE facility, the Portland ICE facility McAdam, is a processing facility, but anyone there who is ultimately detained is sent to the closest detention, which is Tacoma.

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<v Brenda Alvarado>Next slide.

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<v Sameer Kanal>I just want to make sure we have time for questions.

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<v Brenda Alvarado>Oh yeah, a little over.

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<v Unidentified speaker>Um, so I wanna give you—.

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<v Brenda Alvarado>Can you gimme a time check how much I have?

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<v Sameer Kanal>You're over by about 5 so far.

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<v Brenda Alvarado>Oh, okay.

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<v Sameer Kanal>Yeah, but I'll give you—.

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<v Brenda Alvarado>I will go ahead and move this, and this will be in an annual report.

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<v Brenda Alvarado>So also, another effort that the city has done is we worked with PBEM to ensure that we have a proactive response and not a reactive response if we see another operation happening here.

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<v Brenda Alvarado>So we have 3, 4 different levels and different thresholds.

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<v Brenda Alvarado>And in each of these levels, different city services and communications are activated to ensure that we are acting swiftly and effectively.

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<v Brenda Alvarado>Next slide.

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<v Brenda Alvarado>FOIA information initiatives.

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<v Brenda Alvarado>So we did 3 of them.

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<v Brenda Alvarado>The purpose of this is to really try to understand how and what mechanisms the federal government is using to detain Portlanders.

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<v Brenda Alvarado>Currently we have 2 active immigration with ICE and EOIR.

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<v Brenda Alvarado>The purpose is to understand how many of these folks had criminal records, how many of these folks are voluntary how many of these had expedited removals?

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<v Brenda Alvarado>USCIS ultimately denied our request, and we are reviewing that.

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<v Brenda Alvarado>Next slide, please.

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<v Brenda Alvarado>We did get a response from ICE, and it was not accurate or complete data, but for the most part, it did match the general trends in that we are seeing an uptick of detentions.

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<v Brenda Alvarado>This is just an example.

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<v Brenda Alvarado>Next slide.

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<v Brenda Alvarado>And it also matches the national trends in that the majority of those who are being detained do not have a criminal record.

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<v Brenda Alvarado>70% Are not having a criminal active convicted criminal record.

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<v Brenda Alvarado>Next slide, please.

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<v Brenda Alvarado>Councilor Herbold.

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<v Brenda Alvarado>Next slide.

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<v Brenda Alvarado>This is a Sanctuary Promise violation complaint.

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<v Brenda Alvarado>So as is directed, these are the 6 complaints that have been issued to the City of Portland.

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<v Brenda Alvarado>4 of them are with the Portland Police Bureau, 1 is with 311, and 1 is the City of Portland.

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<v Brenda Alvarado>There's been no findings of Sanctuary Promise Act, and this reporting period is from May 2025 to present.

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<v Brenda Alvarado>Next slide.

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<v Brenda Alvarado>The other thing that the sanctuary ordinance and resolution, it requires the city monitor immigration enforcement requests, communications, and activities between October 25th to October 31st, 2025.

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<v Brenda Alvarado>October 2026.

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<v Brenda Alvarado>What ultimately showed in this data is that there was coordination and training gaps that led to overreporting and inaccurate data.

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<v Brenda Alvarado>BOEC reported 87 incidents.

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<v Brenda Alvarado>Only 29 of those actually were within the scope of immigration enforcement activity.

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<v Brenda Alvarado>27 Of those incidents involved federal agency notifying BOEC of activity in the area.

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<v Brenda Alvarado>2 Of those incidents regarded like medical, some harm, and then PPB reported 9 instances and only 7 of those instances were actual immigration enforcement activity.

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<v Brenda Alvarado>50 Of the incidents from BOIC were related to protest activity outside of the McAdam facility.

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<v Brenda Alvarado>And so that is not immigration enforcement and not within the scope of the ordinance or resolution.

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<v Brenda Alvarado>Next slide.

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<v Brenda Alvarado>And the next phase is operationalize, coordinate, oversee, and measure outcomes and demonstrate impact.

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<v Brenda Alvarado>I look forward to hearing what your thoughts our suggestions and how we can better, um, you know, align the intent with council, um, with the ordinance and resolution.

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<v Brenda Alvarado>Thank you.

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<v Steve Novick>Thank you so much, Brenda, for being here.

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<v Steve Novick>Colleagues, uh, if you would like to ask any questions, um, please feel free to get in the queue.

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<v Steve Novick>We've got about 11 or 12 minutes left for this agenda item, so everybody should have 3 or 4 minutes.

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<v Steve Novick>Um, I'll start with Councilor Novick and then go to Councilor Green.

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<v Steve Novick>Thank you, Mr. Chairman.

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<v Steve Novick>Thank you for a comprehensive and absolutely horrifying presentation.

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<v Steve Novick>I was wondering, you said the AG had been contacted about the mega hearings.

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<v Steve Novick>Did they give any indication as to whether there's some possible legal challenge to those, you know, whether to give people inadequate notice, that some due process challenge or something?

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<v Brenda Alvarado>It's challenging.

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<v Brenda Alvarado>Immigration law does not have the same safeguards or statutes that individuals, citizens have.

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<v Brenda Alvarado>And so I would circle back on that.

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<v Brenda Alvarado>But it is going to be a challenging case because the statute of safeguards or not in immigration law.

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<v Brenda Alvarado>But technically, yes, you are supposed to have proper notification.

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<v Brenda Alvarado>The challenge is if you're deported, um, and you've already been sent to another country, it's hard to really— but there is an active national lawsuit.

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<v Brenda Alvarado>Thank you.

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<v Brenda Alvarado>Thank you.

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<v Sameer Kanal>Councilor Green, and then Councilor Pirtle-Guiney.

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<v Mitch Green>Thank you so much for the, uh, presentation, Brenda.

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<v Mitch Green>Um, my question is, are we thinking about like ALPRs and AI and sort of like flock type of cameras in the context of, I know we don't have those in the City of Portland, but are we connecting the dots between any AI initiatives in the City of Portland, any security and surveillance things that we might want to pursue and how that might interfere with our sanctuary city policies?

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<v Mitch Green>Is that in the purview of your office?

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<v Brenda Alvarado>Yeah, so I did meet with Hector, which is in the Digital Security Office, and we are looking to see one of the things I do foresee us doing is using that resource and that really critical office to support advocates in understanding and advocating in other places.

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<v Brenda Alvarado>Because the City of Portland, you may be a Portlander, but you work in Gresham.

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<v Brenda Alvarado>And so trying to minimize that harm and sharing that resource with other places.

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<v Brenda Alvarado>Councilmember Herbold.

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<v Brenda Alvarado>Thank you.

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<v Mitch Green>I think one of the things I worry about is, as we're thinking about security upgrades in the affordable housing units, Home Forward in particular, are we putting in cameras that can be used by federal immigration agents?

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<v Mitch Green>So I don't need an answer to that now, but that's something I'm, I'm very concerned about.

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<v Brenda Alvarado>I appreciate it.

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<v Brenda Alvarado>Thank you, Your Honor.

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<v Sameer Kanal>Thank you, Councilor Green.

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<v Sameer Kanal>Councilor Pirtle-Guiney.

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<v Elana Pirtle-Guiney>Thank you, Chair.

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<v Elana Pirtle-Guiney>Brenna, thank you so much for the presentation today.

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<v Elana Pirtle-Guiney>It sounds like your focus has really been around how we make sure that the City of Portland continues to be that trusted resource.

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<v Elana Pirtle-Guiney>I appreciate seeing that spelled out so clearly.

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<v Elana Pirtle-Guiney>Are there pieces that we are missing in our work?

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<v Elana Pirtle-Guiney>Are there things that you would like us to be doing as a city that we haven't get started to do, either because of lack of capacity, lack of resources, um, changes that we need to make in the code in order to make sure we're doing everything we can?

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<v Elana Pirtle-Guiney>Or do you feel like you have the tools that you need to carry out the work right now?

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<v Brenda Alvarado>Yeah, uh, my program is one person.

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<v Brenda Alvarado>Um, I've been very fortunate to have the support from the mayor and city administrator in that if I'm asking, uh, something from a bureau, they are being responsive.

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<v Brenda Alvarado>Uh, but, uh, The challenges is funding for this program.

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<v Brenda Alvarado>This was an unfunded mandate.

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<v Brenda Alvarado>And one of the things that I am— one of the things that we can improve is external communication, ensuring that the communities that do need to hear it know that we are taking these precautions, that we are ensuring that, especially as the federal government is using all of these resources to harm them, saying the message that the City of Portland is using and the way to do that is by having accessible information, ensuring that we can tell someone, if you sign up for a swim class for your kid, that is not going to be shared.

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<v Brenda Alvarado>Definitive and accessible information is what can provide peace of mind because the government is causing chaos, is causing confusion, and just having that peace of mind can allow them to exist in a way that is safe.

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<v Brenda Alvarado>Thank you.

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<v Brenda Alvarado>Exist at least a little less, um, with a little less fear.

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<v Brenda Alvarado>And so know your rights trainings, there's just a lot to be done externally to ensure that the city as a whole is protected.

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<v Elana Pirtle-Guiney>If there are specific things that council can do to help on the external communication side, I know the first piece you said was funding.

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<v Elana Pirtle-Guiney>Obviously we'll have to have a robust conversation about how we make sure you have the funding that you need during our budget conversations.

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<v Elana Pirtle-Guiney>But if there are pieces council can be doing on the external communication side, I hope that you include that when you get the absolutely.

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<v Elana Pirtle-Guiney>Thank you.

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<v Elana Pirtle-Guiney>I'm also wondering if there are best practices from other cities that we have learned in those calls that you have that we should be considering as we move forward with our work to make sure that we are protecting every single Portlander.

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<v Brenda Alvarado>Yeah, Boston and Chicago come to mind.

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<v Brenda Alvarado>Chicago is doing a really great job, also New York.

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<v Brenda Alvarado>And I think what's common in all of those cities is that they've really made an effort to publicly explain what sanctuary city means, what a protection means.

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<v Brenda Alvarado>Chicago recently did ads on buses, and on those buses it's a QR code and know your rights information in 7 different languages.

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<v Brenda Alvarado>And being able to say just as loudly as the federal government that we are here to support you and that we are not supportive of this mass deportation effort can— has been really meaningful.

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<v Brenda Alvarado>And when we're seeing that in New York as well, as they're continuing to do really got it.

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<v Elana Pirtle-Guiney>So expanding that know your rights training piece that you've done a few of, and then that external community, back to that external communication piece, some real lessons in how we might do that if we had the resources available.

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<v Brenda Alvarado>Yeah, absolutely.

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<v Elana Pirtle-Guiney>Final question.

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<v Elana Pirtle-Guiney>I know we have others in the queue, but a specific one.

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<v Elana Pirtle-Guiney>You had the slide around the revoked TPS status, and that's something that we knew was coming.

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<v Elana Pirtle-Guiney>We tried to get some funding for here, but obviously we were not able to find the resources to help every family.

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<v Elana Pirtle-Guiney>Do we know how many Portlanders are affected by those changes in TPS?

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<v Brenda Alvarado>We don't know.

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<v Brenda Alvarado>Oftentimes, and this happens when we're looking at detentions, data is by county or by state, but I can check in with the Office of Immigrant Refugee Advancement.

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<v Brenda Alvarado>It's the state agency that is monitoring that and see if they have that.

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<v Brenda Alvarado>They've been tracking the refugee data and information, but I can see if they have anything with TPS.

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<v Brenda Alvarado>But often the people who hold this information is the federal government, and we can't get it.

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<v Brenda Alvarado>That transparency doesn't exist.

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<v Elana Pirtle-Guiney>I think we were able to find funds to help 75 or 80 families.

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<v Elana Pirtle-Guiney>It would be good to know what portion of the Portlanders who have been affected by that change that allowed us to support and how much more work there is to do there.

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<v Brenda Alvarado>Yeah, absolutely.

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<v Elana Pirtle-Guiney>Thank you.

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<v Elana Pirtle-Guiney>Thank you.

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<v Elana Pirtle-Guiney>Thank you very much for being here today.

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<v Sameer Kanal>Thank you, Councilor Pirtle-Guiney.

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<v Sameer Kanal>I'm going to close the queue unless anyone would like to get in.

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<v Sameer Kanal>Okay, so I'll go Councilor Ryan.

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<v Dan Ryan>I'll close it out.

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<v Dan Ryan>Thank you.

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<v Dan Ryan>Thank you, Chair.

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<v Dan Ryan>Uh, good to see you, Brenda, and thank you so much for being here.

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<v Dan Ryan>Uh, the truth-telling that you delivered was really comprehensive, and I agree with Councilor Novick, it was horrifying to at least sit with all this information.

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<v Dan Ryan>So thank you for your perseverance and showing up to give us all that information.

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<v Dan Ryan>I also really enjoyed listening to the last dialogue, and Chicago's providing a great practice, and it almost sounded like you— we have an ask of this council in terms of the budget to provide such tools if necessary.

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<v Dan Ryan>You're in a really big connector role, and I was really noticing that, like, yeah, you're one person, but you're connecting with all these dots.

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<v Dan Ryan>I think for me, it's just the church that I attend, and I know that with new arrivals, it's always often the grassroots level is at the heart of it.

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<v Dan Ryan>Thank you.

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<v Dan Ryan>Their communities of faith.

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<v Dan Ryan>So I just want to always see the system from how you connect with those communities all the way up to the, the presentation when you talked about working with the federal delegation.

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<v Dan Ryan>And so I think the more I can make those connections, the more I see the, the very immense value of your role here at the city.

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<v Dan Ryan>Does that make sense?

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<v Brenda Alvarado>Absolutely.

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<v Brenda Alvarado>Um, yeah, they— especially when communities are hiding, uh, you have to be with the grassroots, uh, organizations to truly understand what their, um, uh, fears are, what their needs yeah, you know this, and I just wanted to lift that.

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<v Dan Ryan>I was distracted by slide 16 for one reason.

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<v Dan Ryan>There were zero arrests in April.

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<v Dan Ryan>Is that—.

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<v Brenda Alvarado>No, it was just incorrect information.

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<v Brenda Alvarado>Yeah, from the federal government.

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<v Brenda Alvarado>Yeah, that was from the FOIA request, and we will be appealing that and highlighting.

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<v Dan Ryan>Okay.

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<v Dan Ryan>Wanted to then daylight that that was odd, and because it is, because it's not true.

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<v Dan Ryan>Okay.

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<v Dan Ryan>And I think that when you're measuring outcomes, I hope that you just measure something and try not to move the goalpost, and then don't let perfection get in the way of good.

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<v Brenda Alvarado>Yeah, there's plenty in the resolution and ordinance.

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<v Dan Ryan>Yeah.

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<v Sameer Kanal>Thank you, Councilor Ryan.

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<v Sameer Kanal>I'm last in the queue.

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<v Sameer Kanal>I wanted to just first say thank you so much to you, to Mayor Wilson previously, and now City Administrator Lee for sort of housing this work.

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<v Sameer Kanal>And I know that there's a lot of immigration liaisons at all the bureaus, and I imagine a lot of them were contributing to this work the way that you mentioned, and also the slides.

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<v Sameer Kanal>So thank you to them as well.

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<v Sameer Kanal>The slides that I wanted to just kind of note, one was you have a slide— I think mine are out of order, but the one that the header on which is sanctuary protection progress since October 2025, that's a lot of work.

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<v Sameer Kanal>And I think you've gone through all of it and just wanted to sort of praise you for that, as well as appreciated the sort of deep dive into Portland Police's work on this.

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<v Sameer Kanal>Yeah.

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<v Sameer Kanal>They were already subject to sanctuary protections.

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<v Sameer Kanal>The ordinance didn't change anything there really for them.

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<v Sameer Kanal>But I think that that's— it's very helpful for us to be able to tell that story to the public about what you can expect and how it's different.

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<v Sameer Kanal>So I appreciate you highlighting that and the work of Officer Honsberger I saw in the picture there as well.

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<v Sameer Kanal>So yeah, thank you so much for being here.

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<v Sameer Kanal>I think that closes out the item.

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<v Sameer Kanal>Do you want to say anything?

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<v Brenda Alvarado>I appreciate the opportunity.

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<v Brenda Alvarado>Thanks.

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<v Sameer Kanal>All right, um, Rebecca, can you please call the next item?

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<v Rebecca Dobert>Item 3, chemical weapons usage, document number 2026-389.

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<v Sameer Kanal>Colleagues, uh, just a housekeeping note on this one.

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<v Sameer Kanal>So we had a presentation on the public health impacts of chemical weapons usage, uh, in this committee on August 13th.

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<v Sameer Kanal>At that time, Vice Chair Ryan asked if we could also hear a presentation from the folks who use chemical weapons So we definitely started the process of scheduling that.

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00:55:12.043 --> 00:55:17.657
<v Sameer Kanal>At that time, we invited both of the current users of chemical weapons, the federal government as well as PPB.

499
00:55:17.753 --> 00:55:26.364
<v Sameer Kanal>We did not get a response back from the federal government, you know, ICE, on, on that to come and, and let us know what their processes are.

500
00:55:26.653 --> 00:55:30.838
<v Sameer Kanal>We did hear back from PPB, and I'm very grateful that they're able to be here with us.

501
00:55:30.903 --> 00:55:37.344
<v Sameer Kanal>So I think we have Deputy Chief Hughes, Assistant Chief Shane, as well as— I'm, I'm not commander still?

502
00:55:37.588 --> 00:55:37.766
<v Derek Foxworth>Yes.

503
00:55:37.929 --> 00:55:39.226
<v Sameer Kanal>Commander Derek Foxworth Jr.

504
00:55:39.306 --> 00:55:42.144
<v Sameer Kanal>Thank you all for being here, and please introduce everyone as you go.

505
00:55:45.742 --> 00:55:46.032
<v Unidentified speaker>Good morning.

506
00:55:46.130 --> 00:55:54.003
<v Unidentified speaker>I'll start us out with opening comments, and then I'll turn it over to our PPB staff to follow up on the presentation.

507
00:55:54.050 --> 00:56:17.778
<v Unidentified speaker>I just want to first say thank you for giving us the opportunity to share background information on the use of chemical munitions in our you will hear a presentation today that outlines the considerations that PPB and others have put into ensuring the safety of Portlanders while being able to respond to violent or even dangerous situations within our city.

508
00:56:18.532 --> 00:56:26.233
<v Unidentified speaker>You will also hear the environmental impacts and how the Bureau of Environmental Services interacts with this work.

509
00:56:26.938 --> 00:56:35.759
<v Unidentified speaker>I want to start by saying that my priority is first the city, uh, security and the safety of all Portlanders, including our city staff and council.

510
00:56:36.335 --> 00:56:41.579
<v Unidentified speaker>For PPB, it is a tool of last resort in public order events.

511
00:56:42.172 --> 00:56:48.010
<v Unidentified speaker>Chemical munitions for crowd control have not been used in 6 years in our city.

512
00:56:48.762 --> 00:57:03.170
<v Unidentified speaker>PPB has invested heavily in a dialogue-led facilitation, facilitation-first approach to public order events and leading the nation in crowd control management conversations with our approaches.

513
00:57:03.844 --> 00:57:14.217
<v Unidentified speaker>There are instances, as you hear about today, where its use protects our city employees from getting hurt when they are trying to keep community members from hurting each other.

514
00:57:15.085 --> 00:57:21.186
<v Unidentified speaker>And now I'll turn it over to PPB and BES to walk us through their presentation today.

515
00:57:21.909 --> 00:57:22.197
<v Unidentified speaker>Thank you.

516
00:57:22.760 --> 00:57:27.663
<v Franz Schaning>All right, good morning, Chair Kanal, Vice Chairs Ryan and Koyama Lane, members of council.

517
00:57:28.224 --> 00:57:44.632
<v Franz Schaning>Thank you for the opportunity to appear here today and to provide information on the current state of rules around the use of chemical munitions in the state of Oregon and the city of Portland, and information on how the Portland Police Bureau currently uses these tools in a small number of high-risk incidents to reduce the likelihood of harm to community members and city employees.

518
00:57:45.786 --> 00:57:56.235
<v Franz Schaning>Also, I want to express my appreciation for Ms. Alvarado's testimony and for the report we just heard As well as the work the city is doing to support our community members who are immigrants and refugees during this difficult time, we're proud to be part of that effort.

519
00:57:56.940 --> 00:58:10.081
<v Franz Schaning>For the record, my name is Franz Schaning, and I currently serve as the assistant chief for the police bureau's investigations branch, which includes both our rapid response team, our public order specialists, and our special emergency reaction team, our tactical incident specialists.

520
00:58:10.659 --> 00:58:13.134
<v Franz Schaning>You'll be hearing more about these two programs later in this presentation.

521
00:58:13.952 --> 00:58:16.860
<v Franz Schaning>I currently serve as the bureau's crowd management incident commander program manager.

522
00:58:17.766 --> 00:58:20.577
<v Franz Schaning>And I've personally been involved in public order operations for almost 20 years.

523
00:58:21.347 --> 00:58:25.672
<v Franz Schaning>I teach nationally on the topic and have spoken both nationally and internationally on this topic.

524
00:58:26.313 --> 00:58:30.608
<v Franz Schaning>I'm joined here this morning by Commander Derek Foxworth and Matthew Cribley from the Bureau of Environmental Services.

525
00:58:31.744 --> 00:58:38.266
<v Franz Schaning>I want to begin by acknowledging the testimony you previously heard on the public health impacts of chemical munitions at the Committee of the Whole meeting in August.

526
00:58:38.954 --> 00:58:46.869
<v Franz Schaning>Those presenters raised concerns about human health, about the environment, and about the excessive use of chemical munitions by the federal government this past year around the ICE facility.

527
00:58:47.704 --> 00:58:49.820
<v Franz Schaning>Those concerns are legitimate, and the city shares them.

528
00:58:50.815 --> 00:59:00.746
<v Franz Schaning>I appreciate the opportunity to provide you with additional information on how the city of Portland weighs and balances those risks when crafting sound operational policies and practices around the use of chemical munitions.

529
00:59:01.740 --> 00:59:07.597
<v Franz Schaning>I empathize with community members who are subjected to those federal actions, including our neighbors who live and work in the neighborhoods surrounding the ICE facility.

530
00:59:08.864 --> 00:59:12.922
<v Franz Schaning>I believe good governance and crafting good policy sometimes requires us to occasionally talk about data.

531
00:59:13.436 --> 00:59:18.750
<v Franz Schaning>Probabilities, and risk management principles in a detached way, and parts of this presentation will feel like that.

532
00:59:19.456 --> 00:59:26.021
<v Franz Schaning>But I don't ever want those discussions to obscure what this conversation is really about: the safety and well-being of our community members and our city employees.

533
00:59:27.097 --> 00:59:33.228
<v Franz Schaning>Underneath every decision about force— whether to use it, what kind, and when— lies the principle of the sanctity of life.

534
00:59:34.385 --> 00:59:36.889
<v Franz Schaning>I also believe good governance requires transparency and candor.

535
00:59:37.610 --> 00:59:46.702
<v Franz Schaning>This conversation about whether or not to ban chemical munitions in the City of Portland will not address the community concerns we've— that have been expressed about the federal government's overreach or unconstitutional practices.

536
00:59:47.626 --> 00:59:52.023
<v Franz Schaning>As we've seen in court cases recently, state and local regulations cannot restrain the federal government's actions.

537
00:59:52.780 --> 00:59:58.250
<v Franz Schaning>This conversation is about whether the City Council wants to impose a ban on the use of chemical munitions by the Portland Police Bureau.

538
00:59:59.679 --> 01:00:02.213
<v Franz Schaning>So let me be clear about what this presentation is and what it is not.

539
01:00:03.090 --> 01:00:06.128
<v Franz Schaning>It is not a proposal to increase or expand the use of chemical munitions.

540
01:00:07.297 --> 01:00:16.503
<v Franz Schaning>It is an effort to provide you with objective information about how this tool is actually governed and used today in the City of Portland and the important role it plays in a small number of critical public safety situations.

541
01:00:17.402 --> 01:00:18.958
<v Franz Schaning>It is an argument to maintain the status quo.

542
01:00:20.048 --> 01:00:30.297
<v Franz Schaning>Updates to state law, bureau policies, and practices since 2020 have provided a robust framework where the Portland Police Bureau has not used chemical munitions for public order in over 6 years.

543
01:00:31.612 --> 01:00:35.092
<v Franz Schaning>As we move through the presentation, I also want to recognize that some of the slides are dense with information.

544
01:00:36.144 --> 01:00:40.858
<v Franz Schaning>We requested 3 hours on the agenda, but I recognize there are other important topics that also deserve your attention.

545
01:00:41.646 --> 01:00:48.697
<v Franz Schaning>Your officers should have a copy of the presentation, and we're willing to meet with each of you or your staff for more in-depth conversations or to answer follow-up questions if you'd like.

546
01:00:49.210 --> 01:00:53.306
<v Franz Schaning>I would also like to respectfully request you hold your questions until the end of the presentation if possible.

547
01:00:54.398 --> 01:01:13.239
<v Franz Schaning>I also want to point out that as we move through the presentation, that although we understand that a proposed ban on chemical munitions would likely include all uses of the tool, the City of Portland currently has the capability to use chemical munitions the first is in a public order setting, and again, we haven't used this tool in that context since September of 2020.

548
01:01:13.239 --> 01:01:20.599
<v Franz Schaning>The second is during critical incidents involving their special emergency reaction team, and Commander Foxworth will discuss the use of chemical munitions in that context.

549
01:01:21.760 --> 01:01:22.760
<v Franz Schaning>Next slide, please.

550
01:01:23.840 --> 01:01:25.960
<v Franz Schaning>So this is a rough breakdown of how we'll proceed through the presentation.

551
01:01:26.179 --> 01:01:28.650
<v Franz Schaning>We're going to start by addressing some of the concerns you've already heard.

552
01:01:29.039 --> 01:01:37.434
<v Franz Schaning>We'll talk about the current state of Oregon law, law, bureau policy, the challenges that would be posed by a ban being implemented, and then our recommendations moving forward.

553
01:01:38.476 --> 01:01:39.085
<v Franz Schaning>Next slide, please.

554
01:01:40.398 --> 01:01:45.976
<v Franz Schaning>Before I get to the law and our policies and practices, I want to acknowledge the history here in Portland, including what happened in 2020.

555
01:01:46.650 --> 01:01:52.036
<v Franz Schaning>I want to recognize the harm and trauma carried today by community members, our city employees, and elected officials.

556
01:01:52.581 --> 01:01:54.952
<v Franz Schaning>I know some of you were personally impacted by the events of 2020.

557
01:01:56.172 --> 01:01:58.206
<v Franz Schaning>Frankly, the police bureau was unprepared for the events of 2020.

558
01:01:58.913 --> 01:02:01.893
<v Franz Schaning>Practices we had relied on in years past were not effective in that moment.

559
01:02:02.744 --> 01:02:07.728
<v Franz Schaning>There were many peaceful and lawful protests that happened during that time, and I'm proud of the work we did in those moments.

560
01:02:08.353 --> 01:02:18.949
<v Franz Schaning>However, we lacked the ability to intervene in a focused manner when acts of violence or property destruction did occur, and that resulted in overreliance on misdemeanor arrests, crowd dispersals, and the use of force, including chemical munitions.

561
01:02:20.072 --> 01:02:24.833
<v Franz Schaning>Following those events, the city commissioned an independent assessment of our 2020 response under the Department of Justice settlement agreement.

562
01:02:25.510 --> 01:02:33.329
<v Franz Schaning>The Independent Monitor LLC found the city relied too heavily on crowd dispersal with CS gas and concluded that the heavy use of riot control agents was counterproductive.

563
01:02:33.849 --> 01:02:34.909
<v Franz Schaning>We agree.

564
01:02:34.909 --> 01:02:37.250
<v Franz Schaning>We're not here to relitigate 2020.

565
01:02:37.250 --> 01:02:39.250
<v Franz Schaning>We're here to tell you what changed because of it.

566
01:02:39.989 --> 01:02:42.389
<v Franz Schaning>The second concern I want to address is the federal government's actions.

567
01:02:42.809 --> 01:02:49.630
<v Franz Schaning>In the past year, federal agents at the South Waterfront Ice Facility have deployed chemical munitions in ways that we believe have been disproportionate and unconstitutional.

568
01:02:50.369 --> 01:02:52.789
<v Franz Schaning>The police bureau has called that behavior out in federal court.

569
01:02:52.800 --> 01:02:52.829
<v Franz Schaning>Councilmember Herbold.

570
01:02:53.956 --> 01:02:56.411
<v Franz Schaning>The mayor's office has condemned those actions in the strongest terms.

571
01:02:57.327 --> 01:03:00.907
<v Franz Schaning>Two different federal judges have restricted federal agencies' use of crowd control munitions.

572
01:03:01.742 --> 01:03:04.039
<v Franz Schaning>Both of those orders are paused while the Ninth Circuit rules on appeals.

573
01:03:04.248 --> 01:03:11.538
<v Franz Schaning>I'll touch again on this later because we, although we agree that this issue calls for action, a city ordinance is the wrong solution for that problem.

574
01:03:12.822 --> 01:03:13.431
<v Franz Schaning>Next slide, please.

575
01:03:14.507 --> 01:03:18.248
<v Franz Schaning>And now I'm going to turn it over to Matthew Cribley from the Bureau of Environmental Services to talk about the environmental issues.

576
01:03:19.893 --> 01:03:21.023
<v Matthew Cribley>Good morning, members of council.

577
01:03:21.231 --> 01:03:27.628
<v Matthew Cribley>My name is Matthew Cribley, and I'm the Technical Services Group Manager and the Environmental Compliance Officer for the Bureau of Environmental Services.

578
01:03:27.916 --> 01:03:32.326
<v Matthew Cribley>I want to talk a little bit about a study that we conducted in 2020.

579
01:03:32.695 --> 01:03:57.148
<v Matthew Cribley>And as a result of the heavy use of riot control agents downtown, BES, Bureau of Environmental Services, was required by the Oregon Department of Environmental Quality to conduct a study to evaluate the impacts of those pollutants to the city storm system from riot control agents, their impact to the city storm system, and their potential impact to receiving waters, the Willamette River.

580
01:03:57.985 --> 01:04:11.514
<v Matthew Cribley>We collected— during that study, we collected sediment samples from 7 catch basins in the area of conflict and around the courthouse, and as well as one from a control site.

581
01:04:11.577 --> 01:04:27.472
<v Matthew Cribley>We also collected storm samples from a storm that occurred on August these storm samples were collected at a control site, the epicenter of the, the conflict, as well as the— at the outfall into the river.

582
01:04:28.134 --> 01:04:31.375
<v Matthew Cribley>We compared those results to typical stormwater sample results.

583
01:04:33.570 --> 01:04:33.634
<v Matthew Cribley>The—.

584
01:04:33.634 --> 01:04:43.909
<v Matthew Cribley>Basically what I would like to talk about is the back— from, from the background of our background research as well as sampling of events and the sample results, we learned several things.

585
01:04:44.505 --> 01:04:53.137
<v Matthew Cribley>First, many of the pollutants found in riot control agents are also commonly found in stormwater, such as copper, lead, and zinc.

586
01:04:53.750 --> 01:05:00.510
<v Matthew Cribley>That makes it very difficult to differentiate between background pollutants and RCA contributions.

587
01:05:02.152 --> 01:05:21.092
<v Matthew Cribley>Many of the pollutants found in riot control agents are also found in things such as firework were fireworks, wood preservatives, burned trash, plastics, and that sort of thing, other materials that were readily used or discarded and burned during the protest and the activities on site.

588
01:05:23.750 --> 01:05:32.644
<v Matthew Cribley>Higher concentrations of these types of pollutants from riot control agents were also found at the epicenter where RCA deployment was the highest.

589
01:05:35.646 --> 01:05:51.621
<v Matthew Cribley>Elevated levels of metals such as barium, lead, copper, and zinc were found in storm drains at the point of RCA deployment, and that these levels tapered off to within a normal pollutant concentration for urban stormwater before reaching the outfall.

590
01:05:53.150 --> 01:06:10.018
<v Matthew Cribley>One of the most important things we learned from this process and from this study is that tear gas found in our storm system was in particulate form and could be effectively managed with pollution prevention techniques such as installing catch basin filters and street flushing.

591
01:06:10.684 --> 01:06:11.317
<v Matthew Cribley>Next slide, please.

592
01:06:14.440 --> 01:06:21.349
<v Matthew Cribley>So when protests started in 2025 at the ICE facility, we immediately installed catch basin filters.

593
01:06:22.204 --> 01:06:35.655
<v Matthew Cribley>After heavy deployments of RCAs, we continued to inspect the area, and if the street is is covered or has a lot of RCA residuals, we will flush the street, capture, and dispose of the wastewater.

594
01:06:38.088 --> 01:06:41.333
<v Matthew Cribley>In effect, we do this for 3 primary reasons.

595
01:06:41.463 --> 01:06:47.746
<v Matthew Cribley>One, from an environmental perspective, this prevents pollutants from entering our storm system and from reaching the river.

596
01:06:48.550 --> 01:06:54.068
<v Matthew Cribley>Further, these practices allow the city to meet the conditions of our state and federal stormwater permit requirements.

597
01:06:55.610 --> 01:06:58.190
<v Matthew Cribley>Second, personnel health and safety.

598
01:06:58.543 --> 01:07:00.851
<v Matthew Cribley>We are not placing staff in harm's way.

599
01:07:00.949 --> 01:07:03.643
<v Matthew Cribley>We do not go on site until the activity has cooled.

600
01:07:04.878 --> 01:07:16.507
<v Matthew Cribley>If there is something we need to check, like inspect our filters or check for excessive residuals, and there's still activity going on, we will ask the police for a police escort onto the site.

601
01:07:17.710 --> 01:07:20.918
<v Matthew Cribley>Third, the third benefit is a cost benefit.

602
01:07:20.998 --> 01:07:25.666
<v Matthew Cribley>When there is a particular location that is prone to environmental impacts from unpredictable situations, Thank you.

603
01:07:26.679 --> 01:07:36.947
<v Matthew Cribley>It is much more efficient and cost-effective to prevent pollution than to allow it to occur, then investigate, try to assign responsibility, and enforce.

604
01:07:38.425 --> 01:07:51.505
<v Matthew Cribley>And ultimately, a BES and Environmental Services has code authority under 1730 City Code 1739 and the demonstrated ability to effectively protect our storm infrastructure.

605
01:07:52.447 --> 01:07:59.054
<v Matthew Cribley>And just to clarify, RCA is riot control agent.

606
01:07:59.103 --> 01:07:59.811
<v Matthew Cribley>Riot control agent.

607
01:07:59.907 --> 01:08:00.697
<v Matthew Cribley>I apologize.

608
01:08:01.230 --> 01:08:08.159
<v Matthew Cribley>The riot control agent was the term used in our study, and I kind of used that as a generic term.

609
01:08:08.240 --> 01:08:08.757
<v Matthew Cribley>Sorry about that.

610
01:08:11.257 --> 01:08:11.500
<v Unidentified speaker>Next slide.

611
01:08:13.353 --> 01:08:15.528
<v Franz Schaning>All right, so I want to be clear, we're talking about health impacts.

612
01:08:15.610 --> 01:08:19.269
<v Franz Schaning>I want to be clear that we're not arguing that chemical munitions don't carry a risk to human health.

613
01:08:19.380 --> 01:08:19.619
<v Franz Schaning>Health.

614
01:08:20.279 --> 01:08:33.364
<v Franz Schaning>Chemical munitions are a force tool and by their nature carry some risk, but the Bureau weighs those risks carefully, and force tools are used in accordance with the Constitutions of the United States and the State of Oregon, Oregon state law, and Bureau policy.

615
01:08:34.184 --> 01:08:36.238
<v Franz Schaning>But those standards are just one part of the evaluation.

616
01:08:36.832 --> 01:08:44.845
<v Franz Schaning>We also look to best practices and standards in the industry, to academic research or studies on tools and tactics, and when possible, to our own testing and evaluation.

617
01:08:45.967 --> 01:08:48.439
<v Franz Schaning>When we look at that information, we try to apply a critical lens.

618
01:08:49.273 --> 01:08:57.953
<v Franz Schaning>We don't take for granted everything a manufacturer or a vendor tells us, or practices that may be acceptable or recommended in other parts of the world but would not be acceptable to our community.

619
01:08:58.738 --> 01:09:02.043
<v Franz Schaning>We also look for objective, evidence-based research when it's available.

620
01:09:03.055 --> 01:09:10.435
<v Franz Schaning>When it comes to chemical munitions, there are relatively few scientific studies that have been done in controlled settings because of the ethical implications of using force on test subjects.

621
01:09:11.750 --> 01:09:16.992
<v Franz Schaning>As a result, most studies or evaluations are limited to post-incident collection of data or information related to exposures.

622
01:09:17.889 --> 01:09:20.310
<v Franz Schaning>Our review of the objective clinical literature is consistent.

623
01:09:20.774 --> 01:09:27.283
<v Franz Schaning>The large majority of exposures to chemical munitions are limited and resolve within 10 to 30 minutes of removal from the source.

624
01:09:28.020 --> 01:09:41.926
<v Franz Schaning>Serious complications are rare, and they're concentrated in specific scenarios: prolonged exposure, repeated exposure, high concentrations, poorly ventilated or enclosed spaces, vulnerable populations, or individuals with pre-existing respiratory conditions.

625
01:09:42.761 --> 01:09:49.439
<v Franz Schaning>Bureau policies, training, and practices around the deployment of chemical munitions are specifically designed to mitigate heightened risks in those scenarios.

626
01:09:50.693 --> 01:09:59.988
<v Franz Schaning>What is difficult is weighing how to evaluate anecdotal instances of injuries or deaths caused by the improper use of chemical munitions, such as those you heard about during the August presentation.

627
01:10:00.743 --> 01:10:05.207
<v Franz Schaning>Reports or studies produced by advocacy groups groups or studies with admitted design flaws.

628
01:10:05.962 --> 01:10:10.073
<v Franz Schaning>Information from those sources still needs to be considered, but again viewed with a critical lens.

629
01:10:11.100 --> 01:10:16.608
<v Franz Schaning>Some of these recent reports have also highlighted possible impacts to women's reproductive health following repeated exposures to chemical munitions.

630
01:10:17.282 --> 01:10:21.279
<v Franz Schaning>I would note that we have women on both our rapid response team and our special emergency reaction team.

631
01:10:21.922 --> 01:10:27.880
<v Franz Schaning>We take the health of our community members and our own city employees seriously and will continue to reevaluate that body of research as it develops.

632
01:10:28.939 --> 01:10:29.481
<v Franz Schaning>Next slide, please.

633
01:10:33.229 --> 01:10:38.787
<v Franz Schaning>Following the events of 2020, the Oregon State Legislature tackled the issue of chemical munitions being used during First Amendment events.

634
01:10:39.430 --> 01:10:46.188
<v Franz Schaning>There were 2 rounds of deliberate legislative work that engaged elected officials, local government, police agencies, and community members.

635
01:10:46.862 --> 01:10:53.328
<v Franz Schaning>In 2021, the legislature passed House Bill 2928 and tied the use of tear gas to a formally declared riot.

636
01:10:54.029 --> 01:11:03.492
<v Franz Schaning>Cities, including Portland, found that standard created problematic technical requirements and prevented officers from intervening in objectively dangerous situations that didn't meet the threshold of a riot declaration.

637
01:11:04.390 --> 01:11:17.858
<v Franz Schaning>In 2022, the legislature revisited the issue and passed House Bill 4008, which adopted the current objectively reasonable de-escalation-first standard, the settled statewide framework still enforced today under the adopted law, ORS 181A-708.

638
01:11:18.819 --> 01:11:19.622
<v Franz Schaning>The point here is simple.

639
01:11:20.118 --> 01:11:27.974
<v Franz Schaning>The state has already had this exact debate twice and landed on a carefully calibrated framework that has been demonstrated over the last several years years to strike the proper balance.

640
01:11:28.759 --> 01:11:37.748
<v Franz Schaning>The state framework has provided consistency across jurisdictions in the state of Oregon, including with our mutual aid partners that we rely on to provide assistance during complex public order events.

641
01:11:38.470 --> 01:11:42.971
<v Franz Schaning>Again, the Bureau has not used chemical munitions for public order since the state law took effect.

642
01:11:43.981 --> 01:11:50.215
<v Franz Schaning>I also want to highlight that this state law was in effect last year and did not prevent the federal government's use of chemical munitions around the ICE facility.

643
01:11:50.887 --> 01:12:00.250
<v Franz Schaning>A city ban on chemical munitions would depart from that thought statewide framework, create risk for our community and city employees, and still not address the underlying issue of federal actions.

644
01:12:01.230 --> 01:12:01.856
<v Franz Schaning>Next slide, please.

645
01:12:03.899 --> 01:12:05.810
<v Franz Schaning>So let's talk about ORS 181A-708.

646
01:12:07.529 --> 01:12:12.125
<v Franz Schaning>I want to start here by discussing what tear gas is and also importantly what it is not.

647
01:12:12.768 --> 01:12:16.835
<v Franz Schaning>Based on questions or comments we've received from community and elected officials, it's clear there's some confusion.

648
01:12:17.590 --> 01:12:25.547
<v Franz Schaning>There are a number of terms used in the industry and common vernacular to refer to chemical munitions, including chemical agents, agents, chemical irritants, riot control agents, and tear gas.

649
01:12:26.126 --> 01:12:32.002
<v Franz Schaning>But when the average layperson thinks of tear gas, they picture videos of burning canisters that emit large quantities of smoke and irritant.

650
01:12:32.707 --> 01:12:43.305
<v Franz Schaning>But the definition of tear gas under Oregon Revised Statutes, as you can see from the slide, covers almost any force tool that delivers a chemical irritant outside of individually targeted pepper spray or impact munitions with a chemical payload.

651
01:12:44.332 --> 01:12:46.146
<v Franz Schaning>I also want to point out what tear gas is not.

652
01:12:46.837 --> 01:12:48.024
<v Franz Schaning>It is not a chemical weapon.

653
01:12:48.500 --> 01:13:04.988
<v Franz Schaning>Covered by the Geneva Protocol or the Chemical Weapons Convention of 1993, those treaties explicitly exclude non-restricted use of chemicals from the definition of chemical weapons, and they explicitly state the ban does not apply to law enforcement use of riot control agents in dealing with domestic riot control purposes.

654
01:13:06.087 --> 01:13:06.710
<v Franz Schaning>Next slide, please.

655
01:13:08.782 --> 01:13:13.141
<v Franz Schaning>Now I'd like to talk about the robust framework and restrictions that exist under Oregon Revised Statute 181A701.

656
01:13:14.197 --> 01:13:17.386
<v Franz Schaning>That placed on the use of tear gas for crowd management for public order purposes.

657
01:13:18.284 --> 01:13:31.817
<v Franz Schaning>Law enforcement agencies are currently prohibited from using tear gas except when the use is objectively reasonable to defend against a threat to life or serious bodily injury to any individual, or to bring an objectively dangerous situation safely and effectively under control.

658
01:13:33.131 --> 01:13:56.056
<v Franz Schaning>In those 2 limited circumstances, the state law requires that a commanding officer authorize the use, that the agency has attempted de-escalation techniques or other alternatives to force when reasonable, and that those have failed, and that the law enforcement agency has announced the intent to use tear gas, allowed sufficient time for individuals to evacuate the area, and announced a second time the agency's intent to use tear gas immediately before using tear gas.

659
01:13:56.570 --> 01:13:58.948
<v Franz Schaning>Then and only then can tear gas be used.

660
01:13:59.801 --> 01:14:04.444
<v Franz Schaning>State law also outlines actions required by law enforcement agencies during and following the use of tear gas.

661
01:14:05.087 --> 01:14:12.550
<v Franz Schaning>Agencies are required, when safe and possible to do so, to minimize the incidental impact to bystanders, medical personnel, journalists, and other unintended targets.

662
01:14:13.350 --> 01:14:19.891
<v Franz Schaning>Law enforcement agencies are required to notify local emergency rooms of the types of tear gas that were used and to clean up visible debris within a reasonable amount of time.

663
01:14:21.046 --> 01:14:25.407
<v Franz Schaning>One of the questions we've gotten from elected officials is, what is an objectively dangerous situation under state law?

664
01:14:26.640 --> 01:14:42.265
<v Franz Schaning>The short answer is the statute is new enough the courts have not weighed in on that definition, but I would point to the arson at the Justice Center here in Portland 2020 as one example example, where individuals broke into the front office area of the Justice Center and lit fires while the building was occupied by hundreds of city and county employees as well as adults in custody.

665
01:14:43.055 --> 01:14:50.386
<v Franz Schaning>The fires themselves may not have posed an immediate threat of death or serious physical injury, but timely suppression efforts prevented those fires becoming— from becoming life-threatening.

666
01:14:51.859 --> 01:14:57.502
<v Franz Schaning>I'd also point to the January 6th breach of the U.S. Capitol as another example of a situation that was objectively dangerous.

667
01:14:58.395 --> 01:15:07.618
<v Franz Schaning>Of note, during the January 6th during the January 6th incident, U.S. Capitol Police did not deploy tear gas, which likely led to the subsequent use of deadly force on a protester who attempted to breach House chambers.

668
01:15:08.539 --> 01:15:12.010
<v Franz Schaning>Post-incident reviews concluded the use of tear gas could have possibly changed that outcome.

669
01:15:12.652 --> 01:15:18.211
<v Franz Schaning>When the Metropolitan D.C. Police arrived on scene that day, they did deploy tear gas, which led to many people dispersing from the area.

670
01:15:19.520 --> 01:15:20.108
<v Franz Schaning>Next slide, please.

671
01:15:22.520 --> 01:15:26.533
<v Franz Schaning>On top of state law, Bureau policy and practices place additional safeguards on the use of chemical munitions.

672
01:15:27.523 --> 01:15:36.323
<v Franz Schaning>Directive 63510 requires the Bureau designate a specially trained crowd management incident commander for events that are anticipated to have the potential to become a civil disturbance or riot.

673
01:15:37.045 --> 01:15:42.960
<v Franz Schaning>The CMIC is the only person who can authorize the deployment of the rapid response team, which brings the capability to use chemical munitions.

674
01:15:44.097 --> 01:15:49.773
<v Franz Schaning>It also requires that members attempt to distinguish between persons engaged in criminal behavior and those persons who are peacefully protesting.

675
01:15:50.525 --> 01:15:53.154
<v Franz Schaning>It also requires members to use intervention tactics like individual arrest.

676
01:15:53.220 --> 01:15:57.524
<v Franz Schaning>Arrests to attempt to de-escalate the situation without interfering with those who are lawfully protesting.

677
01:15:58.712 --> 01:16:03.612
<v Franz Schaning>It also requires specific instructions for dispersal orders, such as directions, street names, or landmarks.

678
01:16:04.976 --> 01:16:10.407
<v Franz Schaning>The incident commander is also required to consider proximity to residential areas, hospitals, schools, and freeways.

679
01:16:11.225 --> 01:16:18.003
<v Franz Schaning>This requirement is designed to reduce the likelihood of higher-risk deployments of the tool where vulnerable populations, bystanders, or motorists would be impacted.

680
01:16:19.342 --> 01:16:30.327
<v Franz Schaning>Directive 1010 also places additional prohibitions on the use of less lethal force, including tear gas, on vulnerable populations, specifically children under 15, pregnant persons, or medically fragile persons.

681
01:16:31.551 --> 01:16:36.664
<v Franz Schaning>All use of less lethal force is required to be documented under our use of force reporting processes and reviewed by the chain of command.

682
01:16:37.979 --> 01:16:38.492
<v Franz Schaning>Next slide, please.

683
01:16:41.460 --> 01:16:43.514
<v Franz Schaning>So what's different since 2020, aside from state law?

684
01:16:44.386 --> 01:16:54.865
<v Franz Schaning>Following 2020, the Bureau underwent internal reflections as well as external reviews by a number of organizations, including the Department of Justice, Justice, the Independent Monitor LLC, Independent Police Review, and others.

685
01:16:55.621 --> 01:17:01.001
<v Franz Schaning>We engage with some of our most vocal critics, including community groups, the ACLU, plaintiffs' attorneys, and journalists.

686
01:17:01.644 --> 01:17:07.394
<v Franz Schaning>We also engage with academics and industry leaders to identify evidence-based practices and to develop industry standards.

687
01:17:07.923 --> 01:17:12.436
<v Franz Schaning>I'm particularly proud of the work we've done around dialogue policing in consultation with Professor Clifford Stott.

688
01:17:13.431 --> 01:17:23.220
<v Franz Schaning>All of this, combined with updates to state law and policy, has resulted in the Bureau again So what does this look like in practice?

689
01:17:23.649 --> 01:17:34.369
<v Franz Schaning>First, we've shifted from viewing unpermitted demonstrations and protests as inherently risky events, which in the past sometimes led to enforcement actions for offenses that were not directly tied to objective safety risks.

690
01:17:34.710 --> 01:17:44.210
<v Franz Schaning>We've now taken the approach of facilitating events when we can and using dialogue liaison officers to build connections and trust before events begin and to de-escalate and negotiate resolutions during events.

691
01:17:44.220 --> 01:17:44.369
<v Franz Schaning>So what does events this look like in practice?

692
01:17:45.037 --> 01:17:46.881
<v Franz Schaning>When we see objective safety concerns emerging.

693
01:17:47.876 --> 01:17:55.717
<v Franz Schaning>If isolated criminal activity does occur, we use our bicycle officers to engage in proportionate and focused intervention strategies, whether that's additional warnings or individual arrests.

694
01:17:56.423 --> 01:18:22.113
<v Franz Schaning>And lastly, if the criminal conduct or violence becomes widespread and the risks to community or city employees escalate, our rapid response team is prepared to deploy in higher levels of protective equipment with the ability to use less lethal tools or chemical munitions as a last we've invested in higher levels of training and professionalism for our rapid response team members in line with the National Tactical Officers Association public order response standards and with recommendations from the Independent Monitor LLC.

695
01:18:22.836 --> 01:18:33.239
<v Franz Schaning>Our RRT members now receive over 100 hours of training per year on topics including de-escalation, communication, legal updates, policy decision-making, and the use of force in public order settings.

696
01:18:34.235 --> 01:18:34.814
<v Franz Schaning>Next slide, please.

697
01:18:35.439 --> 01:18:39.104
<v Franz Schaning>And now I'll turn it over to Commander Derek Foxworth to discuss the use of chemical munitions by thank you, Councilor.

698
01:18:39.783 --> 01:18:41.755
<v Derek Foxworth>Good morning, Council, Community Chair.

699
01:18:42.271 --> 01:18:44.454
<v Derek Foxworth>Thank you for having us and the opportunity to present today.

700
01:18:45.060 --> 01:18:49.666
<v Derek Foxworth>Again, my name is Derek Foxworth, and I currently have the honor of serving as the Central Precinct Commander.

701
01:18:51.072 --> 01:19:04.134
<v Derek Foxworth>I've served as a police officer for the City of Portland for a little over 23 years now, and over half of that time has been dedicated to the Special Emergency Reaction Team, or CERT for short, which is our tactical team, more commonly referred to as the SWAT team.

702
01:19:05.497 --> 01:19:12.363
<v Derek Foxworth>I share that for a little bit of reference point for my experience with that team.

703
01:19:12.427 --> 01:19:18.684
<v Derek Foxworth>During that time, I've been on several hundred tactical operations as well as over several thousand hours of tactical training.

704
01:19:19.909 --> 01:19:25.454
<v Derek Foxworth>CERT works in close partnership with the communication— or Crisis Negotiation Team, or CNT for short.

705
01:19:26.689 --> 01:19:34.981
<v Derek Foxworth>CERT and CNT provide tactical communication support to our Portland Police patrol officers, as well as investigative units to potentially dangerous situations.

706
01:19:36.377 --> 01:19:47.949
<v Derek Foxworth>In cases where chemical munitions would be deployed, both these teams are overseen by a critical incident commander, and that's a command-level person of captain or above with specific training.

707
01:19:49.282 --> 01:20:05.391
<v Derek Foxworth>As Assistant Chief Schaning mentioned, the authority to deploy chemical munitions is governed by both law and policy specific— our use of force policy, with a governing idea of the force must be reasonable under the totality of the circumstances.

708
01:20:06.627 --> 01:20:11.761
<v Derek Foxworth>The biggest key points in that policy are threat and severity of the crime that we're dealing with.

709
01:20:12.819 --> 01:20:23.023
<v Derek Foxworth>In addition, ORS 181A.708, while specific to crowd management, CERT's use of chemical munitions is in line with that guidance from Oregon law.

710
01:20:23.070 --> 01:20:23.167
<v Derek Foxworth>Thank you.

711
01:20:24.774 --> 01:20:38.804
<v Derek Foxworth>Additional guidance is found in our PPB Directive 1015, which is less lethal weapons, and Direct 720, which specifically authorizes a critical incident commander on the CERT and CNT side of the house to authorize the deployment of chemical munitions.

712
01:20:40.006 --> 01:20:55.677
<v Derek Foxworth>Additionally, we look to the National Tactical Officers Association, which has created standards and practices from across the nation as best practices, and the ability to have and utilize chemical munitions under certain circumstances is a best practice.

713
01:20:57.810 --> 01:21:00.300
<v Derek Foxworth>CERT's role, uh, serves in a couple different capacities.

714
01:21:00.412 --> 01:21:07.902
<v Derek Foxworth>One, as I mentioned earlier, to assist patrol with a variety of calls, including an armed person who is barricaded inside a structure.

715
01:21:08.354 --> 01:21:12.480
<v Derek Foxworth>That could be a single-family residence, that could be an apartment, or that could be a vehicle.

716
01:21:13.887 --> 01:21:25.661
<v Derek Foxworth>Additionally, CERT is asked to respond to area searches for armed individuals such as we experienced earlier this year when we had 2 Portland police officers shot and that individual fled into a residential neighborhood.

717
01:21:26.847 --> 01:21:38.479
<v Derek Foxworth>Hostage situations, sniper situations, and active violence situations such as the active shooter that the city of Bend experienced a week ago, that would be a type of incident that CERT would respond to.

718
01:21:39.041 --> 01:21:42.314
<v Derek Foxworth>Our thoughts, hearts, and prayers are obviously with the community in Bend, Oregon.

719
01:21:43.628 --> 01:21:53.416
<v Derek Foxworth>Additionally, CERT assists our investigative units for locating and arresting armed, potentially dangerous individuals, as well as providing search warrant service as well.

720
01:21:54.421 --> 01:21:55.052
<v Derek Foxworth>Next slide, please.

721
01:21:57.850 --> 01:22:05.467
<v Derek Foxworth>The decision to deploy chemical munitions is not one that we take lightly, and I want to stress this next point significantly.

722
01:22:07.141 --> 01:22:13.963
<v Derek Foxworth>Chemical munitions in the tactical environment is not just a less lethal option, not just a de-escalation option, but is a life-saving tool.

723
01:22:15.484 --> 01:22:25.430
<v Derek Foxworth>Chemical munitions provide CERT with an option for resolving dangerous situations without forcing officers into proximity with a potentially armed and uncooperative person.

724
01:22:27.077 --> 01:22:33.162
<v Derek Foxworth>Its value is that it can create a compelling reason for an individual to leave a fortified and defensible position and come to officers.

725
01:22:34.800 --> 01:22:39.505
<v Derek Foxworth>This allows officers to maintain distance, to maintain cover, and a tactical advantage.

726
01:22:40.101 --> 01:22:41.761
<v Derek Foxworth>While giving the individual an opportunity to surrender.

727
01:22:42.626 --> 01:22:46.118
<v Derek Foxworth>This can prevent the need for a physical or lethal confrontation.

728
01:22:47.577 --> 01:22:50.396
<v Derek Foxworth>Chemical munitions is a part of a planned response.

729
01:22:50.957 --> 01:22:52.110
<v Derek Foxworth>We work towards containment.

730
01:22:52.158 --> 01:22:56.085
<v Derek Foxworth>That's going to be containing the individual that we've been called to assist with.

731
01:22:56.645 --> 01:23:01.212
<v Derek Foxworth>That also prevents uninvolved parties from moving into the affected area.

732
01:23:02.398 --> 01:23:07.332
<v Derek Foxworth>If we're considering the deployment of chemical munitions, we work towards evacuation of others that may be impacted.

733
01:23:07.381 --> 01:23:07.524
<v Derek Foxworth>Thank you.

734
01:23:07.685 --> 01:23:11.042
<v Derek Foxworth>I mentioned earlier our communication team.

735
01:23:11.137 --> 01:23:12.326
<v Derek Foxworth>We work towards communication.

736
01:23:13.001 --> 01:23:18.171
<v Derek Foxworth>Most law enforcement events, including patrol and tactical operations, resolve through communication.

737
01:23:18.701 --> 01:23:23.565
<v Derek Foxworth>We'll work with our C&T team to determine the nature and quality of those communications.

738
01:23:23.823 --> 01:23:25.268
<v Derek Foxworth>Have they been able to establish them?

739
01:23:25.363 --> 01:23:33.055
<v Derek Foxworth>Have they been able to establish rapport, which leads towards potential influence and ultimately potentially a peaceful surrender?

740
01:23:34.578 --> 01:23:36.966
<v Derek Foxworth>We want to make sure that we have officers ready to receive someone.

741
01:23:37.014 --> 01:23:37.990
<v Derek Foxworth>That's going to be our custody team.

742
01:23:38.038 --> 01:23:40.939
<v Derek Foxworth>That's so officers are physically ready to take someone into custody.

743
01:23:42.045 --> 01:23:44.881
<v Derek Foxworth>As I mentioned earlier, we consider the threat level and the crimes committed.

744
01:23:45.730 --> 01:23:51.627
<v Derek Foxworth>We consider hostages, victims, and officer safety, and an individual's access to weapons.

745
01:23:51.837 --> 01:23:55.587
<v Derek Foxworth>And then we also consider, has this individual already fired shots?

746
01:23:57.029 --> 01:24:05.943
<v Derek Foxworth>The other option when we are We are discussing chemical weapons as a— or chemical munitions as a— in response to what we would refer to as an immediate action.

747
01:24:06.878 --> 01:24:18.725
<v Derek Foxworth>So in a circumstance where police officers are actively being shot at, we would look to potentially deploy chemical munitions to degrade that person's ability to shoot at police officers and fire rounds into the community.

748
01:24:20.372 --> 01:24:30.497
<v Derek Foxworth>The slide with numbers on there, we were asked to provide some high-level information about how often this tool is So we looked at the last 5 years going back to January of 2021.

749
01:24:31.444 --> 01:24:37.862
<v Derek Foxworth>During that timeframe, we had approximately 975 operations where CERT was called to assist.

750
01:24:38.551 --> 01:24:43.992
<v Derek Foxworth>And out of those 975 operations, 30 of those operations we deployed chemical munitions.

751
01:24:44.666 --> 01:24:48.051
<v Derek Foxworth>I do want to point out that in most of those instances, there would've been multiple applications.

752
01:24:48.100 --> 01:24:53.266
<v Derek Foxworth>So I don't want you to think that it's only been 30 that have actually been deployed, but it was 30 of those operations.

753
01:24:53.331 --> 01:24:53.426
<v Derek Foxworth>Thank you.

754
01:24:54.657 --> 01:25:01.876
<v Derek Foxworth>So again, that's roughly about 3% of our operations where CERT has been deployed where we utilize chemical munitions.

755
01:25:03.212 --> 01:25:05.269
<v Derek Foxworth>Additionally, it was asked what does this cost the city.

756
01:25:06.104 --> 01:25:09.993
<v Derek Foxworth>There on the slide you can see that it's a little bit over $16,000 a year.

757
01:25:10.667 --> 01:25:14.588
<v Derek Foxworth>I would expect as things continue to increase in cost, we could see that cost as well.

758
01:25:15.853 --> 01:25:16.550
<v Derek Foxworth>Next slide, please.

759
01:25:18.122 --> 01:25:26.465
<v Derek Foxworth>I think case studies are an important tool to understand kind of the context and circumstances around when when we would be considering the utilization of chemical munitions.

760
01:25:27.282 --> 01:25:36.304
<v Derek Foxworth>One example was a case that took place in August of 2023, and it took place in East Portland, approximately Northeast 165th and Northeast Gleason Street.

761
01:25:37.554 --> 01:25:40.086
<v Derek Foxworth>This was a stolen vehicle that eluded police officers.

762
01:25:40.390 --> 01:25:45.069
<v Derek Foxworth>Police officers used intervention techniques and ultimately boxed in this vehicle.

763
01:25:46.431 --> 01:25:51.411
<v Derek Foxworth>After the vehicle was stopped, the individual was seen with a handgun threatened to shoot himself and the police.

764
01:25:52.671 --> 01:25:55.126
<v Derek Foxworth>CERT and C&T were activated and responded to the scene.

765
01:25:57.140 --> 01:25:59.725
<v Derek Foxworth>The suspect vehicle was completely surrounded by police vehicles.

766
01:26:00.663 --> 01:26:02.716
<v Derek Foxworth>C&T attempted communication strategies.

767
01:26:03.541 --> 01:26:07.439
<v Derek Foxworth>The suspect said multiple times he would shoot the first police officer he was able to see.

768
01:26:08.899 --> 01:26:17.282
<v Derek Foxworth>During this event, the individual was seen actively drinking alcohol, smoking what was believed to be methamphetamine, and injecting himself with an unknown substance.

769
01:26:18.153 --> 01:26:21.896
<v Derek Foxworth>Additionally, he was armed with an axe, a taser, and claimed to have an AR-15 in the vehicle.

770
01:26:23.170 --> 01:26:25.582
<v Derek Foxworth>During this event, he duct taped a handgun to his hand.

771
01:26:27.710 --> 01:26:35.476
<v Derek Foxworth>C&T continued to work through negotiations, were able to get this individual to untape the gun from their hand, but refused to exit the vehicle.

772
01:26:36.521 --> 01:26:41.768
<v Derek Foxworth>If you're familiar with this area, to the south is an apartment complex, to the north is a residential area as well.

773
01:26:43.498 --> 01:26:48.777
<v Derek Foxworth>Ultimately, chemical munitions were deployed and suspect exited the vehicle and was taken into custody without injury.

774
01:26:49.998 --> 01:26:52.466
<v Derek Foxworth>This incident was very close to becoming an officer-involved shooting.

775
01:26:54.359 --> 01:26:59.597
<v Derek Foxworth>Another case study was from earlier this year in Southwest Portland, where an individual broke into a home.

776
01:27:00.319 --> 01:27:05.981
<v Derek Foxworth>The homeowner informed police that there were several firearms inside the residence, including rifles, shotguns, and handguns.

777
01:27:07.243 --> 01:27:09.298
<v Derek Foxworth>CNT worked through numerous negotiation strategies.

778
01:27:09.881 --> 01:27:11.952
<v Derek Foxworth>However, the suspect refused to comply.

779
01:27:13.354 --> 01:27:24.060
<v Derek Foxworth>After extensive negotiations, chemical munitions were introduced to prevent the individual from accessing the bedroom where the handguns, rifles, and shotguns were located.

780
01:27:25.069 --> 01:27:28.796
<v Derek Foxworth>After the introduction of chemical munitions, the suspect quickly surrendered without injury.

781
01:27:30.630 --> 01:27:31.032
<v Derek Foxworth>Next slide.

782
01:27:33.478 --> 01:27:40.043
<v Franz Schaning>Now I want to turn to a different question, not whether tear gas can cause harm, which we've acknowledged it can, But whether removing it makes anyone safer.

783
01:27:41.136 --> 01:27:52.025
<v Franz Schaning>Again, looking at data like litigation costs or payouts can feel uncomfortable when we're talking about the use of force and potential harms to community members, but it does provide some objective measurement of the risk posed by different force tools.

784
01:27:52.942 --> 01:27:55.255
<v Franz Schaning>This conversation isn't unique to Portland or to chemical agents.

785
01:27:55.350 --> 01:28:03.204
<v Franz Schaning>The table in front of you looks at comparable costs of civil judgments, claims, and settlements related to the use of force in cities that use force tools other than tear gas in 2020.

786
01:28:04.279 --> 01:28:18.247
<v Franz Schaning>Even though Portland paid claims related to the use of chemical munitions in addition to other types of force, I tried to select comparable cities whose settlements are attributed to impact munitions, batons, pepper spray, or kettling, not tear gas, so it isn't muddied by cases where chemical agents were also part of the claim.

787
01:28:19.240 --> 01:28:31.409
<v Franz Schaning>Austin paid out $27 million, more than Portland's entire protest litigation total, almost entirely over serious injuries caused by beanbag and impact rounds— skull fractures, a lost eye, brain damage, And never deployed tear gas.

788
01:28:32.350 --> 01:28:35.475
<v Franz Schaning>New York City paid $13 million over the use of batons, pepper spray, and kettling.

789
01:28:35.993 --> 01:28:38.488
<v Franz Schaning>Los Angeles, $12 million over impact munitions as well.

790
01:28:40.103 --> 01:28:47.565
<v Franz Schaning>For context, several other cities also paid substantially, between $6 and $14 million, but tear gas was also named in those cases, and I wasn't able to break out the cost by force type.

791
01:28:49.341 --> 01:28:52.567
<v Franz Schaning>I'd also point out those payouts don't track with how much unrest each city dealt with.

792
01:28:53.393 --> 01:29:00.255
<v Franz Schaning>In Austin, those injuries behind that $27 million payout Next slide, please.

793
01:29:01.220 --> 01:29:07.235
<v Franz Schaning>Portland, by contrast, had over 100 consecutive nights of nightly protest activity, with at least 25 of those officially being declared riots.

794
01:29:08.042 --> 01:29:11.694
<v Franz Schaning>Moving away from chemical munitions doesn't make community members or city employees safer.

795
01:29:12.260 --> 01:29:15.296
<v Franz Schaning>It just moves that risk into cases with potentially more serious injuries.

796
01:29:15.850 --> 01:29:16.346
<v Franz Schaning>Next slide, please.

797
01:29:18.729 --> 01:29:24.228
<v Franz Schaning>We also had this conversation in 2020 during a series of court rulings and mayoral actions that restricted the use of CS gas and tear gas.

798
01:29:24.520 --> 01:29:33.979
<v Franz Schaning>When the ordinance passed, police bureau leadership and members highlighted the increased risk of injuries to community members and police officers, and that warning bore true in notable force incidents and injuries that followed.

799
01:29:34.680 --> 01:29:37.579
<v Franz Schaning>Seattle also had a similar policy debate in 2020.

800
01:29:37.579 --> 01:29:45.710
<v Franz Schaning>When the city passed an ordinance restricting the use of less lethal tools for public order, the Seattle Police Department's leadership highlighted the increased risks posed by other force options.

801
01:29:46.260 --> 01:29:53.979
<v Franz Schaning>I would note the city of Seattle at the time was under consent decree with the Department of Justice, and they were sued for attempting to amend force practices outside the consent decree framework.

802
01:29:53.989 --> 01:29:54.020
<v Franz Schaning>Thank you.

803
01:29:54.873 --> 01:30:01.814
<v Franz Schaning>The federal judge issued a restraining order preventing the city ordinance from taking effect, in part citing those other force tools and the risks they posed.

804
01:30:02.698 --> 01:30:04.623
<v Franz Schaning>This issue is also not unique to the United States.

805
01:30:05.250 --> 01:30:10.947
<v Franz Schaning>Western European democratic countries have a patchwork of tear gas restrictions, bans, and a history of usage.

806
01:30:11.990 --> 01:30:16.420
<v Franz Schaning>Almost all countries in the European Union allow the use of tear gas to address violent protests or riots.

807
01:30:17.206 --> 01:30:19.115
<v Franz Schaning>The following are a couple of notable comparisons.

808
01:30:19.789 --> 01:30:27.095
<v Franz Schaning>In Sweden, In Sweden, the home of the dialogue policing model, prior to 2012, tear gas was prohibited for outdoor use in public order events.

809
01:30:27.881 --> 01:30:36.213
<v Franz Schaning>In 2001, during the EU summit in Gothenburg, police encountered violent protests and eventually escalated to the use of live fire, striking at least 3 protesters.

810
01:30:36.887 --> 01:30:43.886
<v Franz Schaning>There was a policy debate following that incident, and in 2012, Sweden passed new rules allowing police to use tear gas in outdoor public order settings.

811
01:30:44.835 --> 01:30:53.060
<v Franz Schaning>In the Netherlands, in Rotterdam, in November '21, in 2021, Dutch police facing violent COVID lockdown protesters also escalated to using live fire against protesters.

812
01:30:53.489 --> 01:30:54.529
<v Franz Schaning>7 people were injured.

813
01:30:55.390 --> 01:30:59.369
<v Franz Schaning>The takeaway here is that a tear gas ban doesn't remove the risk of harm to community or city employees.

814
01:30:59.930 --> 01:31:10.890
<v Franz Schaning>It relocates that risk, risk from a proportionate area-based response with a tool that carries relatively low risk of harm and on to higher-risk tools, up to and including firearms, to deal with dangerous situations.

815
01:31:12.090 --> 01:31:14.890
<v Franz Schaning>The question is not if Portland will eventually see serious disorder again.

816
01:31:14.899 --> 01:31:15.010
<v Franz Schaning>I think that's a good point.

817
01:31:15.342 --> 01:31:20.041
<v Franz Schaning>The question is when, and when that time comes, what expectations will we have for our first responders?

818
01:31:20.954 --> 01:31:23.472
<v Franz Schaning>Preparedness and training plays a major role in answering that question.

819
01:31:24.162 --> 01:31:29.663
<v Franz Schaning>If a tear gas ban is passed, we'll lose that capability to use chemical munitions, and that decision cannot be undone quickly.

820
01:31:30.400 --> 01:31:40.809
<v Franz Schaning>The Bureau would have to rebuild that capability from the ground up, retraining and recertifying officers who deploy those munitions and the incident commanders who authorize them to standards under state law and our own directives.

821
01:31:41.546 --> 01:31:45.039
<v Franz Schaning>Those training requirements are substantial, and rebuilding that capacity would take several months.

822
01:31:45.649 --> 01:31:49.335
<v Franz Schaning>In the interim, we would be left with force options that carry substantially more risk.

823
01:31:50.136 --> 01:31:50.744
<v Franz Schaning>Next slide, please.

824
01:31:51.979 --> 01:31:59.671
<v Franz Schaning>One of the more concerning risks created by a potential ban on chemical munitions is a threat to our fragile mutual aid relationships for both public order events and critical incidents.

825
01:32:00.391 --> 01:32:06.385
<v Franz Schaning>We depend on our mutual aid partners like the Oregon State Police and the Multnomah County Sheriff's Office to manage complex public order events.

826
01:32:06.449 --> 01:32:09.738
<v Franz Schaning>Events and to provide coverage for our tactical team when they are unavailable.

827
01:32:10.694 --> 01:32:15.278
<v Franz Schaning>Those relationships broke down in 2020 when then-Mayor Wheeler banned the use of CS gas for crowd management.

828
01:32:15.869 --> 01:32:20.774
<v Franz Schaning>In response, both the Oregon State Police and Multnomah County Sheriff's Office refused to send mutual aid for public order events.

829
01:32:22.362 --> 01:32:29.855
<v Franz Schaning>OSP Superintendent Travis Hampton said removing this tool would force officers to insert physical bodies between violent crowds, increasing the risk of serious injury or death.

830
01:32:30.850 --> 01:32:45.672
<v Franz Schaning>Sheriff Reese pointed out the ban left PPB with no sound tactical options to disperse a dangerous this culminated in then-Governor Kate Brown declaring a state of emergency in Portland and taking over responsibility for policing a far-right rally in Delta Park the weekend of September 25th of that year.

831
01:32:47.070 --> 01:32:52.595
<v Franz Schaning>The independent monitor's assessment following 2020 made rebuilding our mutual aid network its very first recommendation.

832
01:32:53.927 --> 01:32:57.283
<v Franz Schaning>Second, there's a separate tactical-specific mutual aid risk specific to CERT.

833
01:32:58.150 --> 01:33:01.893
<v Franz Schaning>East Metro SWAT is the only neighboring tactical team with a current mutual aid agreement with the City of Portland.

834
01:33:01.940 --> 01:33:02.359
<v Franz Schaning>Thank you.

835
01:33:03.164 --> 01:33:06.148
<v Franz Schaning>Partner agencies have indicated that agreement would be in jeopardy under a tear gas ban.

836
01:33:07.143 --> 01:33:12.570
<v Franz Schaning>They've told us they would not assist CERT or our community, citing the liability exposure it would create for their own agencies and personnel.

837
01:33:13.645 --> 01:33:24.404
<v Franz Schaning>Without that backup, our CERT team would have no outside tactical resources for a significant event spanning multiple operational periods, and our own operators would require to be— would be required to always be on call with no relief.

838
01:33:25.625 --> 01:33:26.234
<v Franz Schaning>Next slide, please.

839
01:33:28.425 --> 01:33:35.985
<v Franz Schaning>I said at the start of the presentation I'd come back to the federal conduct at South Waterfront at the ICE facility because I believe, I believe that's what's at the heart of our community's current concerns.

840
01:33:36.610 --> 01:33:50.609
<v Franz Schaning>And to be clear, city legislation will have no impact on that problematic behavior, and I believe will actually make the community and our city employees demonstrably less safe by reducing the police bureau's ability to safely manage public order events, including outside the ICE facility.

841
01:33:51.604 --> 01:33:54.698
<v Franz Schaning>I do want to point to the progress that has been made in restraining federal actions at the ICE facility.

842
01:33:56.319 --> 01:34:12.020
<v Franz Schaning>In State of Oregon versus Trump, the case over the president's attempt to deploy the National Guard here, PPB members provided declarations and testimony documenting the ICE facility protests were small and we were capable of handling those protests without federal or military interventions.

843
01:34:12.319 --> 01:34:17.220
<v Franz Schaning>The court relied heavily on that testimony in blocking the deployment permanently on November 7th.

844
01:34:17.220 --> 01:34:22.720
<v Franz Schaning>Part of the basis for the testimony in that case, that the Portland Police Bureau could handle those protests without the National Guard, was the testimony of PPB members.

845
01:34:22.720 --> 01:34:22.760
<v Franz Schaning>Thank you.

846
01:34:23.278 --> 01:34:28.483
<v Franz Schaning>Was the knowledge we had access to the appropriate tools and to mutual aid if a situation turned dangerous.

847
01:34:29.172 --> 01:34:35.711
<v Franz Schaning>A ban would potentially undercut our ability to manage protest events going forward and increase the risk of federal or military intervention.

848
01:34:36.563 --> 01:34:38.216
<v Franz Schaning>Again, a city ordinance doesn't bind federal agents.

849
01:34:38.457 --> 01:34:40.079
<v Franz Schaning>Litigation has twice.

850
01:34:41.364 --> 01:34:41.814
<v Franz Schaning>Next slide.

851
01:34:43.229 --> 01:34:45.751
<v Franz Schaning>Our conclusions and recommendations are straightforward.

852
01:34:46.248 --> 01:34:57.235
<v Franz Schaning>First, don't override the state's thoughtfully calibrated framework with a local ban that actually increases risk to community members and our city employees and will impact our ability to request mutual aid resources.

853
01:34:58.216 --> 01:35:01.717
<v Franz Schaning>Next, I'd ask you to consider the practical challenges before passing a tear gas ban.

854
01:35:02.488 --> 01:35:08.640
<v Franz Schaning>The previous mask ban ordinance hasn't changed federal officers' actions and has been stalled for months because of labor bargaining considerations.

855
01:35:09.252 --> 01:35:11.179
<v Franz Schaning>It has now also resulted in a federal lawsuit.

856
01:35:11.966 --> 01:35:15.306
<v Franz Schaning>A tear gas ban would face those same challenges but also additional ones.

857
01:35:16.078 --> 01:35:24.220
<v Franz Schaning>A tear gas ban removes an authorized use of force tool outright right, but creates complications because an incident commander is required to approve that tool under state law and Bureau policy.

858
01:35:25.279 --> 01:35:28.844
<v Franz Schaning>It also will potentially raise challenges from the Department of Justice as it relates to the settlement agreement.

859
01:35:29.872 --> 01:35:43.247
<v Franz Schaning>We recommend you preserve the Bureau's narrow ability to use chemical munitions to address the most dangerous situations and our ability to assert our position in court proceedings that the City of Portland is capable of managing public order events in our jurisdiction and that federal intervention is unnecessary.

860
01:35:44.403 --> 01:35:59.329
<v Franz Schaning>However, despite our belief that a ban on chemical munitions is unwise, we're prepared to work with council on measures that strengthen accountability without eliminating a tool— limiting a tool that state law, our own policy, and this city's own history all show reduces the risk of serious injury during a civil disturbance.

861
01:35:59.956 --> 01:36:22.976
<v Franz Schaning>That includes more specific post-cleanup coordination requirements, including protocols that specifically address stormwater drains near deployment sites, partnering with medical professionals to ensure our embedded are specifically prepared to treat acute medical respiratory conditions that could arise from the use of tear gas, and finding ways to codify the Bureau's current approach to facilitation of First Amendment events, to dialogue policing, and to focused interventions.

862
01:36:24.132 --> 01:36:24.518
<v Franz Schaning>Thank you.

863
01:36:24.791 --> 01:36:29.399
<v Franz Schaning>Again, I want to express our sincere appreciation for allowing us to provide you with information on this important policy discussion.

864
01:36:30.137 --> 01:36:46.918
<v Franz Schaning>I recognize the challenging moment we're in and the need to collaborate on solutions that keep Portlanders safe Council Chair, Vice Chair—.

865
01:36:46.935 --> 01:36:50.203
<v Steve Novick>I'm sorry, Committee Chair, Vice Chair, and members of the Committee of the Whole.

866
01:36:50.494 --> 01:36:53.310
<v Steve Novick>I'm Brian Hughes, the Deputy Chief of the Portland Police Bureau.

867
01:36:53.756 --> 01:36:57.063
<v Steve Novick>I first want to thank you for the invitation to come and make this presentation today.

868
01:36:57.724 --> 01:37:02.351
<v Steve Novick>I really appreciate the opportunity that we were able to come and join with thank you, Council President Jamie Dunphy.

869
01:37:02.399 --> 01:37:04.712
<v Steve Novick>Thank you, Deputy City Attorney Nancy Thorington.

870
01:37:05.386 --> 01:37:07.041
<v Steve Novick>I want to leave you with one final thought.

871
01:37:07.698 --> 01:37:14.458
<v Steve Novick>When this issue eventually comes before you for a decision, I ask that you consider it through the lens of the sanctity of human life.

872
01:37:15.278 --> 01:37:20.030
<v Steve Novick>Our responsibility to protect life does not go away when you remove a less lethal tool.

873
01:37:20.720 --> 01:37:23.787
<v Steve Novick>When lives are in danger, our officers still have a duty to act.

874
01:37:24.478 --> 01:37:32.505
<v Steve Novick>Removing chemical munitions takes away an option that has allowed us to resolve dangerous situations without serious injury or the loss of human life.

875
01:37:33.890 --> 01:37:36.942
<v Steve Novick>I believe the sanctity of human life must remain at the center of this discussion.

876
01:37:37.938 --> 01:37:46.951
<v Steve Novick>Any future decision to eliminate this tool must account for the greater risks that could result, not only to our officers, but to the very people we are sworn to protect.

877
01:37:47.291 --> 01:37:47.614
<v Steve Novick>Thank you.

878
01:37:50.435 --> 01:37:51.895
<v Sameer Kanal>Thank you all to all of our presenters.

879
01:37:53.010 --> 01:37:55.243
<v Sameer Kanal>Colleagues, please feel free to get into the queue.

880
01:37:55.859 --> 01:37:58.561
<v Sameer Kanal>Um, we have some time for questions.

881
01:37:58.609 --> 01:38:02.139
<v Sameer Kanal>What I'm going to ask everyone to do is just be as concise as possible.

882
01:38:02.186 --> 01:38:05.793
<v Sameer Kanal>That applies to everybody here, um, just so we can keep this moving.

883
01:38:06.069 --> 01:38:07.460
<v Sameer Kanal>We do have testimony later on.

884
01:38:07.524 --> 01:38:09.094
<v Sameer Kanal>We'll take a break in a little while as well.

885
01:38:09.692 --> 01:38:12.100
<v Sameer Kanal>Um, but as folks get in the queue, we'll just, we'll just get going.

886
01:38:12.518 --> 01:38:16.358
<v Sameer Kanal>Um, and, uh, I'll kick it off with Councilor Avalos.

887
01:38:18.141 --> 01:38:28.283
<v Candace Avalos>All right, thank you for your presentation, for taking the time to share your perspective on this, and I wanted to provide a little bit of context for the questions I'm about to ask.

888
01:38:28.828 --> 01:38:34.042
<v Candace Avalos>So before joining the council, I chaired the Citizen Review Committee and its Crowd Control and Use of Force Workgroup.

889
01:38:34.765 --> 01:38:47.806
<v Candace Avalos>Following the 2020 protests, we conducted a substantial review of PPB's crowd management practices, and we gathered community testimony, reviewed bureau policies, spoke with PPB leadership, and produced a report with detailed recommendations.

890
01:38:48.641 --> 01:38:57.387
<v Candace Avalos>One of our central findings was that the use of chemical weapons raised serious concerns about precision, proportionality, and harm to people who were not engaged in threatening behavior.

891
01:38:58.430 --> 01:39:04.530
<v Candace Avalos>We recommended making the ban on CS gas permanent and extending restrictions to other chemical weapons used in crowd management.

892
01:39:05.172 --> 01:39:13.649
<v Candace Avalos>So this is an issue that I've been working on for years with community, and I'm interested in understanding how the Bureau views the changes that have occurred since then.

893
01:39:14.579 --> 01:39:19.765
<v Candace Avalos>So on slides 8 and 9, you walk through the legislative changes and restrictions that followed 2020.

894
01:39:20.806 --> 01:39:26.835
<v Candace Avalos>And the Bureau has emphasized that it hasn't used tear gas for crowd management since 2020, and that is something I definitely appreciate.

895
01:39:27.957 --> 01:39:37.110
<v Candace Avalos>When we wrote our report, we were specifically calling for stronger legal and policy restrictions because we believed those boundaries were necessary to prevent the kinds of harm that we documented.

896
01:39:37.895 --> 01:39:45.878
<v Candace Avalos>So looking back at the last several years, what role do you believe those stronger restrictions played in changing PPB's crowd management practices?

897
01:39:49.710 --> 01:39:54.704
<v Franz Schaning>So I'll try to tackle that.

898
01:39:54.800 --> 01:39:58.069
<v Franz Schaning>Councilor Avalos, thank you for the question, and I appreciate the work you put into that report.

899
01:39:58.159 --> 01:39:59.119
<v Franz Schaning>I did read the report.

900
01:39:59.579 --> 01:40:07.340
<v Franz Schaning>It was part of the ongoing conversation between state law changes or the Department of Justice settlement agreement policy updates.

901
01:40:07.340 --> 01:40:08.770
<v Franz Schaning>We did account for that as well.

902
01:40:09.479 --> 01:40:11.760
<v Franz Schaning>To your question, I think it's important to note that we have not seen any increase in our criminal justice cases.

903
01:40:12.020 --> 01:40:14.340
<v Franz Schaning>The changes to state law are not the only thing we've done differently.

904
01:40:14.569 --> 01:40:18.630
<v Franz Schaning>I think, again, we recognize the trauma that the community went through.

905
01:40:18.630 --> 01:40:24.329
<v Franz Schaning>That included for our city employees, our police officers, because of how unprepared we were for 2020.

906
01:40:24.329 --> 01:40:50.939
<v Franz Schaning>So as we looked at national practices, again, leading into the facilitation of First Amendment events, the dialogue-led approach, and really honing the ability to go in and address individuals engaged in criminal activity and not treat the event as unlawful or a civil disturbance and disperse people who are engaged in lawful, peaceful assembly because of the acts of so I would say those actions, more than anything else, have eliminated our need to potentially use chemical munitions in a public order setting.

907
01:40:51.307 --> 01:41:00.216
<v Franz Schaning>The state law is absolutely a floor, a framework that raised the bar for us since 2020, but our practices are what have allowed us to operate in the space above and beyond that.

908
01:41:00.841 --> 01:41:03.981
<v Franz Schaning>I'm particularly proud of that work that we've done with Professor Clifford Stott.

909
01:41:04.381 --> 01:41:30.279
<v Franz Schaning>I think, you know, the crowd science has demonstrated that the use of chemical munitions, even if it's necessary in the moment, I think using a tool that, frankly, when you've got a crowd of several hundred people and there's 6 or 10 or 15 or 20, whatever it is, engaged in violence or criminal activity, the rest of the people don't understand why the police are coming in to take action, particularly when using a force tool like chemical munitions.

910
01:41:31.164 --> 01:41:32.533
<v Franz Schaning>So I guess I don't know if that answers your question.

911
01:41:32.663 --> 01:41:35.760
<v Franz Schaning>I would say our practices have gone beyond and above state law.

912
01:41:35.922 --> 01:41:36.476
<v Eric Schaffner>I think it's a good question.

913
01:41:41.319 --> 01:41:41.393
<v Kaleigh Roehl>Okay.

914
01:41:41.877 --> 01:41:49.992
<v Candace Avalos>So our report also recommended that PPB move away from tactics that affect entire crowds and toward more individualized proportional responses.

915
01:41:50.572 --> 01:41:56.860
<v Candace Avalos>Today, what we're hearing is that additional restrictions on chemical weapons could limit the bureau's operational options.

916
01:41:57.377 --> 01:42:03.381
<v Candace Avalos>But given the changes PPB has already made, what specific evidence demonstrates that further restrictions would make situations more dangerous for the public?

917
01:42:03.430 --> 01:42:03.934
<v Candace Avalos>I think that's a great question.

918
01:42:10.355 --> 01:42:11.443
<v Franz Schaning>Sure, so I'll take that one as well.

919
01:42:12.939 --> 01:42:19.889
<v Franz Schaning>You know, I think, as I said, we've leaned into these practices to try and differentiate how we deal with criminal behavior in a crowd context.

920
01:42:20.652 --> 01:42:34.925
<v Franz Schaning>I think we still believe there may come a time when the situation is so dangerous that trying to use those individualized differentiated tactics won't work, and we may need to still have that tool available to us for those worst-case scenarios.

921
01:42:35.070 --> 01:42:36.466
<v Franz Schaning>Does that answer your question?

922
01:42:39.240 --> 01:42:44.662
<v Candace Avalos>I mean, it answers it in that that's what you believe, but what is the evidence that you have to demonstrate that?

923
01:42:47.880 --> 01:42:56.798
<v Franz Schaning>Well, I guess I would point to— fortunately, here in Portland, we haven't had a protest that has gone— that has escalated to the level of a civil disturbance or a riot.

924
01:42:56.989 --> 01:43:03.189
<v Franz Schaning>I don't think we've ever declared a riot aside from the brief time during the summer of last year down at the ICE facility.

925
01:43:04.149 --> 01:43:07.109
<v Franz Schaning>I think we declared a riot one night down there, if I'm not mistaken.

926
01:43:07.750 --> 01:43:17.390
<v Franz Schaning>But I'd point to other countries that also have leaned into some of these approaches, dialogue-led approaches, facilitated approaches, including some of the European countries where this evidence-based practice came from.

927
01:43:17.390 --> 01:43:26.989
<v Franz Schaning>And they're still using chemical munitions when those dangerous situations happen, when the event escalates beyond the ability or the capacity to manage it with the other resources or tools or strategy or tactics that are available.

928
01:43:28.561 --> 01:43:37.750
<v Franz Schaning>So I would say internationally we look at it and it's still happening occasionally, even in countries or cities that have done the best they can to manage those events and de-escalate them.

929
01:43:40.448 --> 01:43:41.524
<v Candace Avalos>Okay, thank you for your answers.

930
01:43:41.591 --> 01:43:43.511
<v Candace Avalos>I'll pause there and I'll hop back in the queue for some more.

931
01:43:44.920 --> 01:43:45.701
<v Steve Novick>Thank you, Councilor Avalos.

932
01:43:45.750 --> 01:43:47.654
<v Steve Novick>We'll go to Councilor Novick, followed by Councilor Koyama Lane.

933
01:43:49.479 --> 01:43:50.094
<v Steve Novick>Thank you, Mr. Chairman.

934
01:43:50.886 --> 01:43:59.145
<v Steve Novick>Chief Schenning, could you give like examples of the kind of situations where the use of munitions might be, you know, appropriate?

935
01:43:59.707 --> 01:44:09.792
<v Steve Novick>Like, I don't know, a situation where a whole bunch of people in a crowd are throwing rocks and you can't figure out which one it is, or other things that you have actually seen in places?

936
01:44:10.449 --> 01:44:10.707
<v Franz Schaning>Sure.

937
01:44:11.349 --> 01:44:19.313
<v Franz Schaning>So I appreciate the question, Councilor Novick, and again, it's a little tough to give you a fact pattern that's going to answer that question neatly.

938
01:44:19.442 --> 01:44:43.431
<v Franz Schaning>I guess I would point to you know, the Justice Center on May 29th, 2020, as an example where, you know, I'm not saying that that was the way we wanted that incident to be resolved, that we used chemical munitions in that moment to try and move people away from the building to allow our firefighters to access the building and extinguish those fires that could potentially have escalated to a life-threatening situation in a high-rise building with adults in custody and city and county employees.

939
01:44:44.251 --> 01:44:46.451
<v Franz Schaning>Fire extinguisher.

940
01:44:46.498 --> 01:44:52.889
<v Franz Schaning>You know, again, I think our ability to use differentiated tactics to arrest the individuals who were involved in that criminal activity.

941
01:44:52.936 --> 01:44:55.104
<v Franz Schaning>We lacked that, and we've got that capability now.

942
01:44:55.842 --> 01:45:25.228
<v Franz Schaning>So I would say even in those moments where, you know, we would want to arrest a handful of people engaged in criminal activity and we would use time to de-escalate and provide announcements to try and convince people to comply and move away from that building, it may still be necessary in those situations if we can't get compliance using de-escalation, using warnings, giving time, and trying to take a more differentiated approach, at the end of the day, if that building's on fire, we may still have to use chemical munitions to get there and resolve that issue before, again, we lose lives.

943
01:45:26.854 --> 01:45:38.636
<v Sameer Kanal>Just before you keep going, sorry to interrupt you, just for everyone in the audience, we do allow nonverbal reactions— thumbs ups, thumbs down, some of you have signs, whatever— but we ask that folks not interrupt just so that we can continue on.

944
01:45:39.076 --> 01:45:43.279
<v Sameer Kanal>Anything that causes this to slow down does reduce the time for, um, public comment at the end.

945
01:45:43.391 --> 01:45:46.104
<v Sameer Kanal>So ask just for folks to, to bear with those rules, please.

946
01:45:46.719 --> 01:45:48.074
<v Sameer Kanal>Sorry, Councilor Novick, carry on.

947
01:45:50.496 --> 01:45:53.323
<v Sameer Kanal>Okay, uh, Councilor Koyama Lane, then Councilor Green.

948
01:45:56.003 --> 01:45:56.768
<v Tiffany Koyama Lane>Thank you, Chair.

949
01:45:57.238 --> 01:45:59.122
<v Tiffany Koyama Lane>Thank you for this presentation and for being here.

950
01:45:59.984 --> 01:46:09.551
<v Tiffany Koyama Lane>Um, I have a couple questions as we try to understand— as I'm trying to understand terminology and what the law is.

951
01:46:10.625 --> 01:46:17.131
<v Tiffany Koyama Lane>Can someone speak to or describe nerve agents, blister agents, choking agents, and blood agents?

952
01:46:17.274 --> 01:46:18.733
<v Tiffany Koyama Lane>Are those the same as tear gas?

953
01:46:18.940 --> 01:46:19.550
<v Tiffany Koyama Lane>What are they?

954
01:46:20.158 --> 01:46:22.466
<v Tiffany Koyama Lane>Are they permitted to be used by law enforcement?

955
01:46:23.604 --> 01:46:24.613
<v Tiffany Koyama Lane>I generally don't know the answer.

956
01:46:25.207 --> 01:46:29.421
<v Franz Schaning>I, I'm not an expert in international law or military weapons.

957
01:46:30.253 --> 01:46:38.444
<v Franz Schaning>What you've described, I believe, would be actual chemical weapons used by— or I guess prohibited those are not tear gas.

958
01:46:38.670 --> 01:46:47.447
<v Franz Schaning>Tear gas is generally, strictly speaking, CS gas or a version of OC or oleocapsicum chemical irritants.

959
01:46:49.095 --> 01:46:51.931
<v Tiffany Koyama Lane>So none of those are permitted to be used by our law enforcement?

960
01:46:52.337 --> 01:46:52.498
<v Franz Schaning>No.

961
01:46:53.730 --> 01:46:54.605
<v Franz Schaning>Okay.

962
01:46:55.400 --> 01:47:02.304
<v Tiffany Koyama Lane>And then my understanding is that the clinical science regarding health harms of chemical weapons is not clear.

963
01:47:02.479 --> 01:47:02.594
<v Tiffany Koyama Lane>Thank you.

964
01:47:02.690 --> 01:47:14.387
<v Tiffany Koyama Lane>I know that the use of tear gas in Portland has changed as new research emerges, and new— there's new research showing potential harms to adults with a uterus.

965
01:47:14.998 --> 01:47:21.832
<v Tiffany Koyama Lane>Recent research demonstrates the correlation between tear gas to uterine bleeding, cramping, miscarriages.

966
01:47:22.591 --> 01:47:31.123
<v Tiffany Koyama Lane>Can you talk more about how you're tracking and incorporating, like, scientific evidence like that into the evaluation of using tear gas?

967
01:47:31.780 --> 01:47:32.854
<v Franz Schaning>Yeah, thank you for that question.

968
01:47:33.064 --> 01:47:39.908
<v Franz Schaning>And as I noted before, we have women on both our specialized reaction team, special emergency reaction team, and our rapid response team.

969
01:47:39.971 --> 01:47:44.988
<v Franz Schaning>So reproductive health is at the core of our concerns for our employees and also the community.

970
01:47:46.207 --> 01:47:52.922
<v Franz Schaning>You know, when it comes to research that's ongoing and developing, we consistently look out there to see what research is available.

971
01:47:53.435 --> 01:48:03.083
<v Franz Schaning>As we continually reevaluate these tools, we attend conferences, where industry practices are discussed, including, you know, evidence-based studies and conclusions.

972
01:48:03.149 --> 01:48:10.966
<v Franz Schaning>So we continue to monitor it, we'll continue to do that, and as the, the body of information develops, we'll be paying attention.

973
01:48:12.844 --> 01:48:18.229
<v Tiffany Koyama Lane>So it sounds like there's tracking but maybe not incorporating yet and change— making any changes?

974
01:48:19.798 --> 01:48:20.720
<v Franz Schaning>No changes yet.

975
01:48:21.157 --> 01:48:30.239
<v Franz Schaning>I think you know, I'd certainly question in my mind about, you know, have we done enough to pay attention to the employees, to our city employees' health and wellness?

976
01:48:30.832 --> 01:48:34.564
<v Franz Schaning>They are exposed to chemical munitions as part of their training and in ongoing deployments.

977
01:48:35.880 --> 01:48:38.195
<v Franz Schaning>So questions about do we need to do better there?

978
01:48:39.939 --> 01:48:43.364
<v Franz Schaning>Beyond that, I think, as we've acknowledged, chemical munitions do carry risk.

979
01:48:44.313 --> 01:48:47.819
<v Franz Schaning>You know, that's why the threshold is so high, is why we use them so sparingly.

980
01:48:49.188 --> 01:48:56.655
<v Franz Schaning>So to a certain extent, you know, the question of when the body of evidence becomes so compelling that we have to change practices is a little bit of a gray area.

981
01:48:57.185 --> 01:49:01.630
<v Franz Schaning>But all I can tell you is that we continually reevaluate it, and we look at case law that's out there.

982
01:49:01.983 --> 01:49:17.046
<v Franz Schaning>The courts also weigh in on the harms or risks posed by less lethal tools and provide guidance for police on, you know, what level of, as Commander Foxworth said, threat or severity of the offense, the type of incident we're dealing with, the totality of the circumstances.

983
01:49:18.867 --> 01:49:22.631
<v Franz Schaning>Does a less lethal tool carry so much risk that it's not appropriate for those situations?

984
01:49:23.291 --> 01:49:24.721
<v Franz Schaning>And that also guides our actions.

985
01:49:25.091 --> 01:49:26.269
<v Franz Schaning>Okay, thank you.

986
01:49:26.676 --> 01:49:26.936
<v Franz Schaning>You're welcome.

987
01:49:28.158 --> 01:49:28.420
<v Sameer Kanal>Thank you.

988
01:49:28.484 --> 01:49:30.423
<v Sameer Kanal>We're going to go to Councilor Green and then we're going to take our break.

989
01:49:32.181 --> 01:49:34.587
<v Mitch Green>Thank you, Councilor Kanal, Chair Kanal.

990
01:49:35.087 --> 01:49:38.992
<v Mitch Green>Thank you so much for being here today and providing a comprehensive briefing.

991
01:49:39.443 --> 01:49:46.210
<v Mitch Green>My questions are going to shift towards sort of the environmental stuff, so I think they'll probably be directed either to CA Lee, or what's your name again, sir?

992
01:49:46.291 --> 01:49:46.904
<v Matthew Cribley>Matthew Kribbley.

993
01:49:47.822 --> 01:49:49.369
<v Mitch Green>Matthew, and BES.

994
01:49:49.434 --> 01:49:56.560
<v Mitch Green>So just straight away, I know we regulate sort of chemicals in the waterways.

995
01:49:56.657 --> 01:50:00.337
<v Mitch Green>Like, which hazardous chemicals are allowed to be discharged into storm drains?

996
01:50:00.755 --> 01:50:01.672
<v Mitch Green>Do we allow any?

997
01:50:02.445 --> 01:50:03.346
<v Matthew Cribley>No, not at all.

998
01:50:03.685 --> 01:50:03.814
<v Matthew Cribley>Okay.

999
01:50:04.233 --> 01:50:17.761
<v Matthew Cribley>I mean, there's— I'll preface that with there's background urban stormwater that comes from cars, Lead, copper, zinc, all of those kinds of things are common stormwater pollutants in our storm system.

1000
01:50:17.970 --> 01:50:26.712
<v Mitch Green>Those are sort of incidental impacts of just the general society of things, but we don't permit anything to be intentionally released?

1001
01:50:27.180 --> 01:50:28.975
<v Matthew Cribley>Everything else would be a prohibited discharge.

1002
01:50:29.752 --> 01:50:30.141
<v Mitch Green>Thank you.

1003
01:50:31.796 --> 01:50:38.118
<v Mitch Green>So then I think, You know, I hear a lot from advocates.

1004
01:50:38.409 --> 01:50:41.048
<v Mitch Green>I have constituents who live down in the South Waterfront.

1005
01:50:41.145 --> 01:50:47.557
<v Mitch Green>I know that— I acknowledge that we can't regulate the federal government, but it's an acute experience that folks have.

1006
01:50:47.783 --> 01:50:59.998
<v Mitch Green>And so one of the things I hear from advocates is that the chemicals found in the new modern tear gas being used by those feds is much more harmful today than it was in 2020.

1007
01:51:02.064 --> 01:51:10.061
<v Mitch Green>In your expert opinion, or Mr. Lee, if you know, do you believe that the risk of the chemical impacts on stormwater are the same today as they were in 2020?

1008
01:51:11.377 --> 01:51:16.350
<v Matthew Cribley>We have not looked at the material safety data sheets from the most recent.

1009
01:51:16.574 --> 01:51:28.284
<v Matthew Cribley>I will also say that we have practices in place, and I'm not too concerned about it getting to our storm system or getting through our storm system and into the river.

1010
01:51:28.563 --> 01:51:34.902
<v Matthew Cribley>Because we have pollution prevention practices in place that would prevent them from moving.

1011
01:51:35.662 --> 01:51:36.568
<v Mitch Green>Okay, thank you.

1012
01:51:38.569 --> 01:51:43.528
<v Mitch Green>And then, so then if we were to do that study again, do you think that those results would hold?

1013
01:51:45.550 --> 01:51:50.626
<v Mitch Green>Basically, are you confident the 2020 study would produce the same results if we did it in the next tear gas event?

1014
01:51:51.520 --> 01:51:52.707
<v Matthew Cribley>I think it would be consistent.

1015
01:51:54.289 --> 01:52:29.984
<v Matthew Cribley>I think 2020 was the worst case, I mean, I would hope it would be the worst case scenario, maybe not, but I would hope it would be the worst case scenario in that we had no practices in place that would minimize the amount of tear gas that would enter our system, any of the residuals, and the concentrations would probably be consistently the same at the epicenter and likely taper off before it hit the outfalls.

1016
01:52:30.753 --> 01:52:32.438
<v Matthew Cribley>So I don't think that would change.

1017
01:52:33.528 --> 01:52:43.613
<v Matthew Cribley>As you mentioned, maybe the constituents would change, but we have— again, we have the practices in place, and I think we're better prepared this time than we were in 2020.

1018
01:52:44.847 --> 01:52:45.987
<v Mitch Green>Okay, thank you for that.

1019
01:52:46.034 --> 01:52:59.694
<v Mitch Green>And so then that sort of transitions to just a few, and I'm trying to be mindful of time here, so I may I'll sort of transition to the theme of slide 6, which is really sort of what BS has done now to protect the storm system.

1020
01:53:00.810 --> 01:53:06.739
<v Mitch Green>And I'll direct this question to City Administrator Lee, actually, because I think that you're more appropriate for this.

1021
01:53:09.146 --> 01:53:13.509
<v Mitch Green>Do we believe that the— do we have a reason to expect that the feds will tear gas us again?

1022
01:53:14.092 --> 01:53:16.395
<v Mitch Green>I know that's a bit speculative, but do you have any thoughts on that?

1023
01:53:17.670 --> 01:53:21.226
<v Unidentified speaker>I was going to say that's very speculative to answer that question.

1024
01:53:21.274 --> 01:53:21.743
<v Unidentified speaker>I don't know.

1025
01:53:22.786 --> 01:53:36.864
<v Unidentified speaker>Uh, I think in situations where, uh, the feds feel like there's any sense of threat to their assets or their facilities, uh, they hold the right to do that, uh, from their perspective.

1026
01:53:38.734 --> 01:53:40.789
<v Mitch Green>Okay, um, I appreciate that.

1027
01:53:40.920 --> 01:53:49.591
<v Mitch Green>And then, so, but we don't BES doesn't— we don't grant the federal government preemptive authorization to emit hazardous chemicals into our waterways.

1028
01:53:50.331 --> 01:53:51.601
<v Unidentified speaker>No way, shape, form, or fashion.

1029
01:53:51.957 --> 01:53:52.119
<v Mitch Green>Okay.

1030
01:53:53.738 --> 01:53:54.822
<v Matthew Cribley>And we don't offer permits.

1031
01:53:55.436 --> 01:53:58.010
<v Mitch Green>I mean, do we use permits as a regulation tool for this?

1032
01:53:58.430 --> 01:54:03.159
<v Mitch Green>Are there any cases where we would use a permit to say you can emit this substance?

1033
01:54:03.694 --> 01:54:04.019
<v Matthew Cribley>No.

1034
01:54:04.261 --> 01:54:04.537
<v Unidentified speaker>Okay.

1035
01:54:05.899 --> 01:54:06.190
<v Unidentified speaker>All right.

1036
01:54:08.511 --> 01:54:15.177
<v Mitch Green>And then I think the last question I'll have, and I want to keep space for others, is, you know, there is a cost to this, and we've acknowledged that in the presentation.

1037
01:54:18.890 --> 01:54:22.579
<v Mitch Green>How much, just on average, how much does the catch basin insert cost?

1038
01:54:23.474 --> 01:54:23.863
<v Mitch Green>Do we have a sense?

1039
01:54:24.449 --> 01:54:37.822
<v Matthew Cribley>So since May of '25, when we installed catch basins, we inspect those weekly to make sure they're still in place and they're the integrity is still there.

1040
01:54:38.431 --> 01:54:54.863
<v Matthew Cribley>We also have flushed the streets twice, once or twice, I don't remember the number now, to remove our chemical weapon, chemical munition residuals off the street.

1041
01:54:55.698 --> 01:54:59.569
<v Matthew Cribley>Total costs were $28,000 over a year and a half.

1042
01:55:00.275 --> 01:55:07.762
<v Matthew Cribley>I don't— the, the the cost of a filter is like $200.

1043
01:55:09.243 --> 01:55:15.222
<v Matthew Cribley>Maintaining that and protecting the system over time is about $28,000 over a year and a half.

1044
01:55:15.530 --> 01:55:18.868
<v Mitch Green>So we— do we switch that out after every event?

1045
01:55:19.489 --> 01:55:20.731
<v Mitch Green>Does it last more than one event?

1046
01:55:21.038 --> 01:55:23.444
<v Matthew Cribley>Yeah, it lasts quite some time.

1047
01:55:25.009 --> 01:55:28.828
<v Matthew Cribley>We only remove it if it's been punctured or anything like that.

1048
01:55:28.916 --> 01:55:34.208
<v Matthew Cribley>So it can okay.

1049
01:55:34.711 --> 01:55:38.368
<v Mitch Green>Um, so, so the bulk of that cost is, is staff time, overhead?

1050
01:55:38.805 --> 01:55:39.145
<v Matthew Cribley>Correct.

1051
01:55:39.307 --> 01:55:39.485
<v Mitch Green>Okay.

1052
01:55:40.520 --> 01:55:42.301
<v Mitch Green>I, I think I'll leave it there, Chair, for now.

1053
01:55:42.770 --> 01:55:46.944
<v Mitch Green>And, uh, thanks for engaging my questions, even if they are speculative, but it's important to ask these.

1054
01:55:47.378 --> 01:55:47.733
<v Mitch Green>Thanks.

1055
01:55:49.296 --> 01:55:50.100
<v Sameer Kanal>Thank you, Councilor Green.

1056
01:55:50.180 --> 01:55:53.296
<v Sameer Kanal>We're going to take a short break, um, and come back at 11:31.

1057
01:55:53.345 --> 01:55:56.445
<v Sameer Kanal>I do note that I've wrote down the, the councilors who are in the queue for public testimony.

1058
01:55:56.612 --> 01:55:57.975
<v Sameer Kanal>And we'll keep that order in place.

1059
01:55:58.201 --> 01:55:59.404
<v Sameer Kanal>See you back at 11:31.

1060
01:55:59.485 --> 01:55:59.759
<v Sameer Kanal>Thank you.

1061
02:07:21.337 --> 02:07:22.833
<v Sameer Kanal>All right, thank you.

1062
02:07:22.931 --> 02:07:24.403
<v Sameer Kanal>We are coming back into session.

1063
02:07:24.484 --> 02:07:27.743
<v Sameer Kanal>I'll give everybody a couple seconds to sit down before I pass it to Councilor Murillo.

1064
02:07:28.652 --> 02:07:43.453
<v Angelita Morillo>All right, so we'll go to Councilor Murillo followed by Councilor sorry, they make us have these really long passwords on our computers, which is very good.

1065
02:07:43.501 --> 02:07:44.256
<v Angelita Morillo>Thank you, BTS.

1066
02:07:46.555 --> 02:07:49.923
<v Angelita Morillo>Thank you all so much for being here today to answer questions for us.

1067
02:07:50.021 --> 02:07:53.898
<v Angelita Morillo>I think it's a really important discussion for us to have, especially during such a difficult time.

1068
02:07:55.787 --> 02:08:01.083
<v Angelita Morillo>And I think I also have questions that are probably going to be more geared towards BTS.

1069
02:08:01.408 --> 02:08:01.456
<v Unidentified speaker>Yes.

1070
02:08:01.715 --> 02:08:05.927
<v Angelita Morillo>Or I'm not— not BTS, BES, and the city administrator.

1071
02:08:05.993 --> 02:08:09.496
<v Angelita Morillo>So, um, might need to wait a minute for him to come back as well.

1072
02:08:10.413 --> 02:08:22.036
<v Angelita Morillo>Um, and, and I appreciate the steps that the bureau has taken as far as how the city uses force and how the city uses tear gas.

1073
02:08:22.279 --> 02:08:38.689
<v Angelita Morillo>Um, but I, I guess I do just have to say, and I, and I understand that things are a bit different than they were in 2020, But I do just want to say that when we're talking about how tear gas was deployed, a lot of the presentation talks about addressing these really violent, scary crowds.

1074
02:08:39.300 --> 02:08:57.818
<v Angelita Morillo>And as someone who did witness middle-aged white women who were singing in the street in the Wall of Moms getting tear gassed because they were singing in a crowd, a group that is historically not targeted by the police, I do want to challenge that framing a little bit about how our tear gas is actually used.

1075
02:08:57.913 --> 02:09:02.212
<v Angelita Morillo>And I'm not saying that because I think middle-aged white women should be uniquely protected.

1076
02:09:02.644 --> 02:09:10.064
<v Angelita Morillo>I'm saying that because, uh, even they were not preserved from harm during that time.

1077
02:09:11.121 --> 02:09:15.671
<v Angelita Morillo>Um, so I, I just want to ground us in that again because many of us witnessed that firsthand.

1078
02:09:16.649 --> 02:09:20.881
<v Angelita Morillo>Um, is anyone here from Public Works able to answer some of our questions?

1079
02:09:21.858 --> 02:09:22.130
<v Angelita Morillo>Oh, okay.

1080
02:09:22.354 --> 02:09:22.851
<v Sameer Kanal>That's correct.

1081
02:09:23.060 --> 02:09:35.408
<v Angelita Morillo>Um, I'm, I'm curious on the— on how much Public spent on mitigating and preventing the discharge of tear gas into the stormwater system in 2025 and 2026, if you know?

1082
02:09:36.088 --> 02:09:48.650
<v Matthew Cribley>So yeah, that was the $28,600 that we spent installing catch basin filters, flushing the street, inspecting, a lot of staff time.

1083
02:09:50.329 --> 02:09:58.975
<v Matthew Cribley>But yeah, since May to, May of 2005 till present, it's right around 28,000.

1084
02:09:59.024 --> 02:10:09.015
<v Angelita Morillo>Okay, and we as the city, we have the ability to use the Clean Water Act to try to hold federal agencies accountable if they use excessive tear gas as well, is that correct?

1085
02:10:10.203 --> 02:10:20.554
<v Matthew Cribley>We have city code which is based on our, our permits which apply by the Clean Water Act.

1086
02:10:20.682 --> 02:10:27.510
<v Matthew Cribley>So we can use city code, if that's what you're asking, which we do.

1087
02:10:29.136 --> 02:10:35.768
<v Angelita Morillo>Yeah, so, so you're saying it is legally permissible for the City of Portland to regulate and enforce against the federal government through the Clean Water Act?

1088
02:10:35.930 --> 02:10:37.269
<v Angelita Morillo>Maybe that's a city attorney question.

1089
02:10:37.365 --> 02:10:38.775
<v Matthew Cribley>I think that's probably a city attorney.

1090
02:10:38.841 --> 02:10:41.128
<v Unidentified speaker>That's the city attorney who'll have to weigh in on that.

1091
02:10:51.681 --> 02:10:54.048
<v Sameer Kanal>You, uh, Councilor Murillo, thank you for the questions.

1092
02:10:54.128 --> 02:10:55.381
<v Sameer Kanal>Mike Bore with the City Attorney's Office.

1093
02:10:55.493 --> 02:11:02.520
<v Sameer Kanal>I also have my colleague Eric Schaffner here who advises, uh, BES on these issues, and so it might be a 2-part answer from 2 attorneys.

1094
02:11:03.418 --> 02:11:05.921
<v Unidentified speaker>Uh, my understanding is that yes, the—.

1095
02:11:06.145 --> 02:11:17.007
<v Sameer Kanal>Through the codification that, uh, Matthew just spoke of, that the city has the ability to regulate the pollution caused by tear gas by the okay, does that seem accurate to you?

1096
02:11:17.057 --> 02:11:17.876
<v Angelita Morillo>Anything else you want to add?

1097
02:11:22.770 --> 02:11:24.322
<v Eric Schaffner>Good morning, Eric Schaffner, City Attorney's Office.

1098
02:11:24.645 --> 02:11:39.635
<v Eric Schaffner>Uh, the Clean Water Act, uh, has an explicit carve-out that says that, uh, the federal government is subject to regulations the same as anybody else, uh, including reasonable service charges for, for that enforcement.

1099
02:11:39.699 --> 02:11:51.681
<v Eric Schaffner>So What Matt was talking about was, you know, the city does not enforce the Clean Water Act, but the city code provisions that he's referring to essentially implement those aspects of the Clean Water Act that apply to the city.

1100
02:11:52.630 --> 02:11:53.047
<v Angelita Morillo>Gotcha.

1101
02:11:53.578 --> 02:12:02.587
<v Angelita Morillo>And so as a follow-up to that, is there anything in the city code that requires that the city investigate and regulate polluters who threaten compliance with the Clean Water Act?

1102
02:12:03.470 --> 02:12:08.658
<v Eric Schaffner>Well, the city code always, you know, reserves a certain amount of discretion to the administration.

1103
02:12:09.850 --> 02:12:09.890
<v Eric Schaffner>Right.

1104
02:12:10.551 --> 02:12:19.708
<v Eric Schaffner>But in general, you know, there— if there's a violation of the code, and it is expected that there will be at least some kind of investigation and potentially enforcement action taken.

1105
02:12:20.746 --> 02:12:21.054
<v Angelita Morillo>Okay.

1106
02:12:26.661 --> 02:12:39.056
<v Angelita Morillo>So in a time where we're cutting a lot of programs at the city and struggling to find— to fund core services, And we're raising ratepayers' rates and renters' utility bills.

1107
02:12:40.525 --> 02:12:51.251
<v Angelita Morillo>Has the Public Works area tried to do anything to, you know, hold folks accountable so that we can get some sort of cost remediation for the burden that we pay?

1108
02:12:53.332 --> 02:12:54.912
<v Matthew Cribley>We can use cost recovery.

1109
02:12:55.024 --> 02:12:59.198
<v Matthew Cribley>We could assess charges for that.

1110
02:12:59.601 --> 02:13:03.288
<v Matthew Cribley>What I would say is right now, Right.

1111
02:13:03.881 --> 02:13:16.158
<v Matthew Cribley>Using catch basin inserts and inspections is a really cost-effective way of managing that.

1112
02:13:16.881 --> 02:13:24.295
<v Matthew Cribley>It's, again, it's about $200 for a filter that we replace every few months if there's not heavy deployment.

1113
02:13:24.423 --> 02:13:28.018
<v Matthew Cribley>If there was heavy deployment, I might think differently.

1114
02:13:28.131 --> 02:13:33.582
<v Matthew Cribley>If this was if this looked like 2020, I might consider that differently.

1115
02:13:33.694 --> 02:13:40.573
<v Matthew Cribley>But for today, the amount of time and effort we're spending on this is really, really minimal.

1116
02:13:41.875 --> 02:14:02.149
<v Angelita Morillo>So this past summer when the feds were tear gassing that neighborhood in McAdam almost every single day, you know, as someone who was trying to pass the detention facility impact fee, We didn't have any way to measure, or we were looking for ways to measure the amount of tear gas that was in the air.

1117
02:14:02.310 --> 02:14:08.430
<v Angelita Morillo>So we had to work with the county to get machines put in the area to do measurements of the toxicity in the air.

1118
02:14:08.703 --> 02:14:16.786
<v Angelita Morillo>But would you say that at the McAdam time last summer, that doesn't qualify as something that we would try to get cost mitigation for?

1119
02:14:17.863 --> 02:14:25.738
<v Matthew Cribley>So I just want to be clear, is we're looking only at what impacts would be to our collection, our stormwater collection system, not what's in the air.

1120
02:14:25.914 --> 02:14:30.386
<v Matthew Cribley>So I don't have any authority over air quality or air impacts.

1121
02:14:30.529 --> 02:14:33.912
<v Matthew Cribley>It's strictly what would enter our collection system.

1122
02:14:34.007 --> 02:14:34.969
<v Matthew Cribley>Mm-hmm.

1123
02:14:35.048 --> 02:14:41.234
<v Matthew Cribley>So there's the costs associated with that where, again, we installed the filter.

1124
02:14:41.426 --> 02:14:52.970
<v Matthew Cribley>The filter was, as far as I can tell, it was pretty effective in okay.

1125
02:14:53.051 --> 02:14:56.079
<v Angelita Morillo>So what I'm hearing is you think that was enough remediation.

1126
02:14:56.194 --> 02:15:04.645
<v Angelita Morillo>We don't need to try to necessarily hold the federal government accountable through the Clean Water Act to get some sort of cost compensation back for the work that we had to do.

1127
02:15:06.617 --> 02:15:14.190
<v Matthew Cribley>I think from what was deployed at that time, I don't think there was a huge impact on our collection system.

1128
02:15:15.048 --> 02:15:19.333
<v Matthew Cribley>We flushed the streets once.

1129
02:15:19.980 --> 02:15:22.680
<v Matthew Cribley>I don't quite remember if we flushed it once or twice.

1130
02:15:23.360 --> 02:15:26.699
<v Matthew Cribley>And that was basically to keep it from getting to our storm system.

1131
02:15:27.231 --> 02:15:29.199
<v Matthew Cribley>We didn't necessarily need to do that.

1132
02:15:29.264 --> 02:15:32.393
<v Matthew Cribley>We were doing that as more of a proactive measure.

1133
02:15:33.134 --> 02:15:39.784
<v Matthew Cribley>So again, there was the costs associated with what the federal government deployed was pretty minimal.

1134
02:15:40.831 --> 02:15:42.899
<v Angelita Morillo>Okay, thank you.

1135
02:15:42.948 --> 02:15:43.895
<v Angelita Morillo>That answers my questions.

1136
02:15:44.891 --> 02:15:45.904
<v Sameer Kanal>Thank you, colleagues.

1137
02:15:46.001 --> 02:15:48.234
<v Sameer Kanal>We'll go to Councilor Pirtle-Guiney and then Councilor Ryan.

1138
02:15:48.490 --> 02:15:51.447
<v Sameer Kanal>I, I will just note we'll probably have time for everybody to speak at least once.

1139
02:15:51.703 --> 02:15:53.407
<v Sameer Kanal>I don't want to guarantee more than that until we get closer.

1140
02:15:53.648 --> 02:15:53.889
<v Angelita Morillo>Thanks.

1141
02:15:55.012 --> 02:15:55.527
<v Elana Pirtle-Guiney>Thank you, Chair.

1142
02:15:55.817 --> 02:16:06.725
<v Elana Pirtle-Guiney>Um, just a couple of questions, and starting with the environmental side, you said that we haven't done another study since 2020.

1143
02:16:07.680 --> 02:16:26.319
<v Elana Pirtle-Guiney>Was there onsite monitoring in 2025 after the filters were inserted to make sure that they were working properly and that the stormwater outputs were still reading at a level that the Bureau felt was not higher than the normal output?

1144
02:16:28.059 --> 02:16:29.154
<v Matthew Cribley>No, we did not.

1145
02:16:29.332 --> 02:16:31.877
<v Matthew Cribley>We, again, we installed the filters.

1146
02:16:33.797 --> 02:16:44.085
<v Matthew Cribley>The 2020 study basically informed us that tear gas gets into our system via particulate matter.

1147
02:16:44.165 --> 02:16:47.290
<v Matthew Cribley>So it's, it's not in the gas form anymore.

1148
02:16:47.370 --> 02:16:55.207
<v Matthew Cribley>So once it's in the particulate matter, then the filters are effective at minimizing anything that gets to our system.

1149
02:16:55.302 --> 02:17:02.111
<v Matthew Cribley>So what would be going to our system would be theoretically really minimal.

1150
02:17:02.416 --> 02:17:06.934
<v Matthew Cribley>And then again, after 1 or 2 heavy deployments, we flush the street.

1151
02:17:07.078 --> 02:17:09.948
<v Matthew Cribley>So even then, we flush the street.

1152
02:17:10.668 --> 02:17:22.413
<v Matthew Cribley>What that entails is flushing the street, letting it go through, flush our storm system, blocking it at the outfall, capturing that wastewater that's— and disposing of it.

1153
02:17:22.525 --> 02:17:25.953
<v Matthew Cribley>So even if something did get into our system, Right.

1154
02:17:26.685 --> 02:17:31.769
<v Matthew Cribley>We removed it, so it would not have impacted the river at that point.

1155
02:17:32.379 --> 02:17:38.577
<v Elana Pirtle-Guiney>I think what I'm getting at is we assume from what we saw before, from what measures we used, that that would work.

1156
02:17:38.657 --> 02:17:41.596
<v Elana Pirtle-Guiney>Did we do the verification on the back end?

1157
02:17:42.816 --> 02:17:45.096
<v Matthew Cribley>We did not do additional verification.

1158
02:17:45.403 --> 02:17:57.558
<v Matthew Cribley>It would be an expensive endeavor to get back into our system to collect samples, especially if there's not really anything to It might be a consideration, Mr.

1159
02:17:57.606 --> 02:18:02.872
<v Elana Pirtle-Guiney>City Administrator, if we do have another incident as we did in 2025.

1160
02:18:02.986 --> 02:18:04.431
<v Elana Pirtle-Guiney>I certainly hope we don't.

1161
02:18:05.057 --> 02:18:09.922
<v Elana Pirtle-Guiney>I certainly hope the federal government does not treat our community that way again.

1162
02:18:09.969 --> 02:18:18.576
<v Elana Pirtle-Guiney>But if that does happen, it could be worth consideration of validating our methods and then going down that cost recovery path.

1163
02:18:18.640 --> 02:18:18.784
<v Elana Pirtle-Guiney>Thank you.

1164
02:18:20.778 --> 02:18:26.238
<v Elana Pirtle-Guiney>I understand that the work we do now is around clean water and protecting our water systems.

1165
02:18:26.819 --> 02:18:31.639
<v Elana Pirtle-Guiney>And Mr. City Administrator, maybe this is a question for you, though it might be a question for BES.

1166
02:18:33.442 --> 02:18:39.046
<v Elana Pirtle-Guiney>Do we have a way of addressing clean air impacts similarly?

1167
02:18:39.400 --> 02:18:52.468
<v Elana Pirtle-Guiney>Do we have a way of looking at cost recovery for community harm if we were to put in place the right city codes around keeping our air clean as well?

1168
02:18:53.061 --> 02:18:57.166
<v Unidentified speaker>I don't believe we have necessary resources as of today to be able to do that.

1169
02:18:57.247 --> 02:19:12.529
<v Unidentified speaker>That's something that we'd have to do an assessment of what resources would be needed, because the water quality and the air quality is 2 different mechanisms of tracking, uh, those resources of if anything is polluting those systems.

1170
02:19:13.367 --> 02:19:15.175
<v Unidentified speaker>Different training too as well.

1171
02:19:15.704 --> 02:19:31.441
<v Unidentified speaker>So we'd have to— I would have to actually sit down with BES and our group with also the county who is tracking this to see what are those resources that are currently being used to track these different mechanisms, but also look at other cities and see how they're doing it as well.

1172
02:19:31.730 --> 02:19:39.527
<v Unidentified speaker>Because there are air quality monitors and different things, but there's also staff associated with tracking, researching those things also.

1173
02:19:39.575 --> 02:19:39.766
<v Unidentified speaker>Thank you.

1174
02:19:40.091 --> 02:19:46.191
<v Elana Pirtle-Guiney>I'd be curious to see if there's anything more we could be doing that could lead to some cost recovery for community impact there.

1175
02:19:46.255 --> 02:19:48.648
<v Elana Pirtle-Guiney>Obviously, we passed the detention center facility fee.

1176
02:19:48.745 --> 02:19:51.138
<v Elana Pirtle-Guiney>That helps, but there may be more we can do.

1177
02:19:52.440 --> 02:19:54.271
<v Eric Schaffner>Councilor, if I may, just real quick.

1178
02:19:54.834 --> 02:20:06.077
<v Eric Schaffner>The reason that the city has the authority to take enforcement with regard to Clean Water Act-derived code provisions is because DEQ has delegated a certain amount of that authority to the city.

1179
02:20:06.334 --> 02:20:10.143
<v Elana Pirtle-Guiney>DEQ has not done that for a clean So we would need something at the state level?

1180
02:20:10.417 --> 02:20:10.629
<v Eric Schaffner>Correct.

1181
02:20:11.551 --> 02:20:12.668
<v Elana Pirtle-Guiney>Okay, good to know.

1182
02:20:13.171 --> 02:20:15.210
<v Elana Pirtle-Guiney>I hope some of our state partners realize that.

1183
02:20:16.763 --> 02:20:20.789
<v Elana Pirtle-Guiney>Um, on the PPB side, I do have 2 questions for you all as well.

1184
02:20:21.677 --> 02:20:39.369
<v Elana Pirtle-Guiney>Um, when you issue dispersal warnings, you went through that series of if in the future, um, these these tools were used in a crowd disbursement situation.

1185
02:20:40.274 --> 02:20:46.676
<v Elana Pirtle-Guiney>When you issue those dispersal warnings, how much time functionally is provided there?

1186
02:20:46.740 --> 02:21:03.538
<v Elana Pirtle-Guiney>And what I'm thinking about is, for somebody who is in a crowd and is pregnant, where there is some research on the potential for negative outcomes, do they have time Do they have time to actually get out of the middle of a crowd if they choose to leave?

1187
02:21:03.634 --> 02:21:13.441
<v Elana Pirtle-Guiney>For somebody who has disabilities, do they have time if they are in the middle of that crowd to get out before a choice is made for them?

1188
02:21:14.628 --> 02:21:15.718
<v Franz Schaning>Sure, great question.

1189
02:21:15.845 --> 02:21:23.971
<v Franz Schaning>And yes, the answer is under state law and under Bureau policy, we're required to give a reasonable amount of time to comply and make accommodations for people with disabilities.

1190
02:21:24.629 --> 02:21:26.152
<v Elana Pirtle-Guiney>What is a reasonable amount of time?

1191
02:21:26.407 --> 02:21:28.027
<v Elana Pirtle-Guiney>What does that look like on the ground?

1192
02:21:31.712 --> 02:21:31.762
<v Franz Schaning>Sure.

1193
02:21:31.843 --> 02:21:35.033
<v Franz Schaning>So the decision is largely going to be at the incident commander level.

1194
02:21:35.180 --> 02:21:41.903
<v Franz Schaning>Our CMICs are the ones that authorize the use of chemical munitions, authorize the declaration of a civil disturbance or riot.

1195
02:21:42.390 --> 02:21:44.567
<v Franz Schaning>So we're going to be looking at the totality of the circumstances.

1196
02:21:45.020 --> 02:21:53.735
<v Franz Schaning>We're going to be looking at how large is the crowd, how dense is it, are there avenues for people to leave, have we given clear directions, are we seeing compliance from other members of the crowd.

1197
02:21:54.359 --> 02:21:56.912
<v Franz Schaning>Are we seeing attempts to leave the area?

1198
02:21:57.378 --> 02:21:59.175
<v Franz Schaning>What other exigency is there?

1199
02:21:59.320 --> 02:22:05.309
<v Franz Schaning>If there's nothing exigent in that moment, then, you know, I guess arguably we wouldn't be using chemical munitions.

1200
02:22:05.406 --> 02:22:10.127
<v Franz Schaning>But how exigent are the circumstances that require the use of chemical munitions?

1201
02:22:10.352 --> 02:22:28.594
<v Franz Schaning>So all those things are going to be factored into that decision, and ultimately it will be the CMIC or the crowd management incident commander who makes that decision on has a reasonable amount of time been given, and that decision will be reviewed potentially by internal reviews, civil litigation, a variety of mechanisms.

1202
02:22:29.260 --> 02:22:29.968
<v Elana Pirtle-Guiney>So help me out.

1203
02:22:30.338 --> 02:22:30.645
<v Franz Schaning>Sure.

1204
02:22:31.048 --> 02:22:33.045
<v Elana Pirtle-Guiney>Totality of circumstances, absolutely.

1205
02:22:33.302 --> 02:22:35.702
<v Elana Pirtle-Guiney>Is the crowd starting to disperse?

1206
02:22:35.799 --> 02:22:36.443
<v Elana Pirtle-Guiney>Is it not?

1207
02:22:37.297 --> 02:22:44.685
<v Elana Pirtle-Guiney>But are you talking about a matter of 30 seconds, 2 minutes, 5 minutes?

1208
02:22:45.206 --> 02:22:45.459
<v Elana Pirtle-Guiney>What's—.

1209
02:22:46.870 --> 02:22:48.395
<v Elana Pirtle-Guiney>Give me a sense of scale here.

1210
02:22:48.731 --> 02:22:59.978
<v Elana Pirtle-Guiney>We're not holding you to something that is now a new standard because you said it at a council meeting, but I'm trying to understand a sense of scale for the amount of time we're talking about.

1211
02:23:00.042 --> 02:23:11.193
<v Franz Schaning>No, I appreciate, uh, your recognition that it is challenging to answer that question, and drawing a static line is difficult, uh, under that totality of the circumstances, um, lens and the objectively reasonable lens.

1212
02:23:11.514 --> 02:23:26.752
<v Franz Schaning>To answer your question, my guess is that no, 30 seconds is not going to be like, it's going to take people time to just process the fact that a dispersal warning or announcement has been given, orient themselves as to what's going on, decide what direction they're going to head, try to understand the directions that were given.

1213
02:23:27.250 --> 02:23:31.987
<v Franz Schaning>Usually those are given over both our long-range acoustic device, or we call sound truck.

1214
02:23:32.372 --> 02:23:40.979
<v Franz Schaning>We also usually send it out via social media in written form so that folks with disabilities out there have at least some way of potentially receiving that dispersal announcement or warning.

1215
02:23:41.028 --> 02:23:41.638
<v Unidentified speaker>I think that's a good point.

1216
02:23:42.209 --> 02:23:44.246
<v Franz Schaning>And then actually starting to move.

1217
02:23:44.554 --> 02:23:58.263
<v Franz Schaning>And I think in all that space, generally we'll have hopefully some kind of situational awareness, either officers on the ground observing crowd behavior, or we'll have our plane looking overhead at kind of the crowd movement and density and where people are starting to move.

1218
02:23:58.683 --> 02:24:10.020
<v Franz Schaning>I would say in most circumstances it'll be at least a few minutes, probably several minutes, probably closer to 5, 10 would be where I think a reasonable Uh, person would land.

1219
02:24:10.020 --> 02:24:12.409
<v Franz Schaning>But it is, again, depending on the circumstances.

1220
02:24:12.620 --> 02:24:13.180
<v Madison Moskowitz>He's lying.

1221
02:24:13.180 --> 02:24:14.760
<v Brenda Alvarado>I'm sorry, but he's lying.

1222
02:24:14.760 --> 02:24:17.180
<v Cherice Bock>He doesn't give us more than 30 seconds at a time.

1223
02:24:17.250 --> 02:24:19.579
<v Sameer Kanal>We're gonna need everyone—.

1224
02:24:19.646 --> 02:24:22.399
<v Brenda Alvarado>He didn't even care about the children at the labor march.

1225
02:24:22.520 --> 02:24:24.440
<v Brenda Alvarado>He didn't give us more than an hour.

1226
02:24:24.440 --> 02:24:25.950
<v Franz Schaning>He didn't even give us a minute.

1227
02:24:26.239 --> 02:24:27.299
<v Brenda Alvarado>I was there.

1228
02:24:27.399 --> 02:24:27.860
<v Unidentified speaker>He—.

1229
02:24:27.860 --> 02:24:31.079
<v Brenda Alvarado>They actually gassed me in the face.

1230
02:24:32.379 --> 02:24:33.030
<v Rebecca Dobert>Liar!

1231
02:24:39.791 --> 02:24:47.751
<v Sameer Kanal>Colleagues, we are going to be having public comment on this issue in a few minutes, um, and I want to just make sure that we are able to have everyone have their time.

1232
02:24:47.815 --> 02:24:53.113
<v Sameer Kanal>So I appreciate everyone else in the room following that, um, and I'll let you continue.

1233
02:24:53.210 --> 02:24:55.103
<v Elana Pirtle-Guiney>I do have one more question, if that's all right.

1234
02:24:55.152 --> 02:24:55.588
<v Elana Pirtle-Guiney>I'll be quick.

1235
02:24:55.654 --> 02:24:56.786
<v Sameer Kanal>You got a little time left.

1236
02:24:57.254 --> 02:25:15.525
<v Elana Pirtle-Guiney>Um, so I, I appreciate understanding that, and I also recognize that we're We're dealing in hypotheticals because this hasn't been used in a crowd control situation by PPB since 2020, and the standards and the training, it sounds like, have changed significantly since then.

1237
02:25:15.622 --> 02:25:18.287
<v Elana Pirtle-Guiney>So we're, we're talking in hypotheticals, right?

1238
02:25:18.351 --> 02:25:26.150
<v Elana Pirtle-Guiney>And we are, as you say these things, there is, I think, an ask to the community to trust that you mean them when we haven't seen that.

1239
02:25:26.216 --> 02:25:27.370
<v Elana Pirtle-Guiney>And that's, that's hard.

1240
02:25:27.434 --> 02:25:28.254
<v Elana Pirtle-Guiney>That trust is hard.

1241
02:25:28.317 --> 02:25:31.163
<v Elana Pirtle-Guiney>And I think we're hearing some of thank you for that.

1242
02:25:31.308 --> 02:26:12.105
<v Elana Pirtle-Guiney>To that end, though, to that trust end, under the new guidance since 2020, the new laws, the new standards since 2020, does the Bureau plan to release reports after a chemical munition deployment that share the justification why the decision was made, what was used, and what the cleanup mechanisms were afterwards, if any, in order to allow for transparency and to allow for any accountability and changes in policy that your leadership or that this council might need to make.

1243
02:26:14.518 --> 02:26:15.297
<v Franz Schaning>Totally fair question.

1244
02:26:15.344 --> 02:26:15.766
<v Franz Schaning>I agree with you.

1245
02:26:15.816 --> 02:26:16.593
<v Franz Schaning>Trust is an issue.

1246
02:26:17.519 --> 02:26:27.888
<v Franz Schaning>You know, we believe in the investments we've made in training, in our practices, That we will significantly reduce the instances where we would use chemical munitions in a public order environment.

1247
02:26:29.139 --> 02:26:30.871
<v Franz Schaning>Those uses are reviewed internally.

1248
02:26:30.968 --> 02:26:33.918
<v Franz Schaning>We have a use of force review process, after-action reporting.

1249
02:26:35.137 --> 02:26:41.808
<v Franz Schaning>We do report that information out to city leadership and the city attorney's office as part of that post-event summary around the decision-making.

1250
02:26:41.855 --> 02:26:47.211
<v Franz Schaning>Our critical management— I'm sorry, crowd management incident commanders are required to document their decision-making and the facts they consider.

1251
02:26:47.260 --> 02:26:47.629
<v Franz Schaning>I'm sorry, I'm sorry.

1252
02:26:47.718 --> 02:26:54.655
<v Franz Schaning>I think, you know, we would lean into a conversation about what public reporting would look like or transparency would look like.

1253
02:26:55.281 --> 02:27:10.775
<v Franz Schaning>It would probably be a conversation and consultation with the City Attorney's Office and city administration around what, uh, what types of disinformation or decision-making processes would be releasable and what we're gonna have to protect pending litigation, that those sort of things.

1254
02:27:10.904 --> 02:27:15.186
<v Franz Schaning>So, but we absolutely— I think the chief has demonstrated a desire to bring transparency to every conversation.

1255
02:27:15.235 --> 02:27:15.346
<v Franz Schaning>Thank you.

1256
02:27:17.127 --> 02:27:17.769
<v Franz Schaning>And we would lean into that.

1257
02:27:18.378 --> 02:27:29.155
<v Elana Pirtle-Guiney>I'd be interested in those conversations, and I would be interested in having information about how much time was given to folks as part of the information as well.

1258
02:27:30.309 --> 02:27:33.067
<v Sameer Kanal>Councilor Pirtle-Guiney, uh, Councilor Ryan, followed by Clerk.

1259
02:27:33.452 --> 02:27:37.461
<v Dan Ryan>Thank you, Chair Kanal, and thank you, public servant panel, for being here today.

1260
02:27:37.542 --> 02:27:41.359
<v Dan Ryan>It's really clear that you put a lot of time into addressing the council's concerns.

1261
02:27:42.001 --> 02:27:43.140
<v Dan Ryan>So I want to thank you for that.

1262
02:27:43.621 --> 02:27:55.706
<v Dan Ryan>I'm really proud of the continuous improvement that PPB has instituted since the lessons learned from, from 2020 crowd control challenges, and I'd like to hear more details about that.

1263
02:27:56.877 --> 02:27:58.369
<v Dan Ryan>And you've addressed it in your presentation.

1264
02:27:58.466 --> 02:28:00.054
<v Dan Ryan>Just want to give some more examples.

1265
02:28:00.872 --> 02:28:08.398
<v Dan Ryan>Can the Police Bureau walk us through some of the major reforms done on handling crowd control internally since 2020?

1266
02:28:08.447 --> 02:28:08.495
<v Franz Schaning>Yes.

1267
02:28:09.494 --> 02:28:14.913
<v Dan Ryan>Going beyond the state law and the DOJ oversight, sat in a few of those hearings, I've listened to that.

1268
02:28:15.795 --> 02:28:21.490
<v Dan Ryan>The training, just like bring us down to that concrete level of how the training is different today than it was prior.

1269
02:28:22.388 --> 02:28:24.121
<v Franz Schaning>Sure, great question.

1270
02:28:24.475 --> 02:28:27.683
<v Franz Schaning>And, you know, I'll start by just saying the quantity of the training is one piece.

1271
02:28:27.907 --> 02:28:35.382
<v Franz Schaning>You know, prior to 2020, our rapid response team members received training usually once or twice a year on that specialized skill set.

1272
02:28:36.424 --> 02:28:44.066
<v Franz Schaning>And frankly, it was frequently focused on use of force tactics, you know, tactical maneuvering, that sort of stuff.

1273
02:28:45.460 --> 02:28:53.248
<v Franz Schaning>Since 2020, as we've, you know, again adopted those national standards for public order response teams, they now train once a month.

1274
02:28:53.313 --> 02:28:56.245
<v Franz Schaning>So it's over 100 hours a year, closer to 120 hours a year.

1275
02:28:56.917 --> 02:28:59.626
<v Franz Schaning>And the content of that training has changed dramatically.

1276
02:29:00.619 --> 02:29:03.924
<v Franz Schaning>You know, we've been engaged with the Department of Justice around the settlement agreement.

1277
02:29:04.615 --> 02:29:10.449
<v Franz Schaning>They required approval and oversight of lesson plans that were developed as part of that training and weighed in on that.

1278
02:29:10.513 --> 02:29:16.810
<v Franz Schaning>We've had Director Rodriguez, our new director of police education, come on board in that interim.

1279
02:29:17.647 --> 02:29:28.218
<v Franz Schaning>So she's also putting a lens on the training in terms of the content, adult learning practices, what is actually evidence-based learning, and making sure that those lesson plans comply with all those things.

1280
02:29:29.109 --> 02:29:35.013
<v Franz Schaning>We've also leaned into community relationships and engaged community partners to bring training to our rapid response team.

1281
02:29:36.343 --> 02:29:42.786
<v Franz Schaning>I can go back and pull a list of the training, but we've had community groups come in and talk about de-escalation, about emotional self-regulation.

1282
02:29:42.834 --> 02:29:52.255
<v Franz Schaning>Like, in those moments, it is tense, you know, when you've got a police officer out there with a community member who is incredibly upset about the federal overreach or the police bureau's actions, whatever it is.

1283
02:29:52.689 --> 02:29:54.259
<v Franz Schaning>Emotions are high in those moments.

1284
02:29:54.307 --> 02:30:05.176
<v Franz Schaning>And so I think helping our officers who are put into that space be able to kind of do that self-regulation and understand where that emotion is coming from and not react to that or respond to that is helpful.

1285
02:30:06.253 --> 02:30:10.941
<v Franz Schaning>Increasing the emphasis on state law, bureau policy, constitutional law, all those things.

1286
02:30:10.988 --> 02:30:17.588
<v Franz Schaning>Our city attorney partners have come in and provided a lot of training, and we continue to see legislation passed since 2020.

1287
02:30:17.653 --> 02:30:19.772
<v Franz Schaning>So that's a topic we always have to stay on top of.

1288
02:30:19.819 --> 02:30:22.036
<v Franz Schaning>So I don't know if that answers your question.

1289
02:30:22.132 --> 02:30:26.099
<v Franz Schaning>We've also, outside the training, we've looked at protective equipment.

1290
02:30:26.163 --> 02:30:37.209
<v Franz Schaning>You know, how do we provide our police officers, our city employees with the equipment they need to stay safe in those moments, which in some ways increases the amount of time they can be in that space without having to use force to defend themselves.

1291
02:30:38.286 --> 02:30:44.789
<v Franz Schaning>You know, we did train on public order shields, and hopefully we won't have to deploy those, you know, very frequently.

1292
02:30:44.869 --> 02:30:51.977
<v Franz Schaning>But again, it It de-escalates some of these events in the sense that our employees' safety is not being directly threatened as quickly.

1293
02:30:52.412 --> 02:30:55.268
<v Franz Schaning>There's not as much exigency to respond with some kind of force tool in those moments.

1294
02:30:55.363 --> 02:31:00.820
<v Franz Schaning>We maybe have the time to disengage, move out of that situation if it's safe and possible to do so.

1295
02:31:02.200 --> 02:31:28.708
<v Franz Schaning>And then again, leaning into those conversations around dialogue-led policing, again, the facilitation of these events, and that's more at the strategic level than the rapid response team level, but our crowd management incident command you know, when we brought Dr. Stott on board and engaged in that learning around dialogue policing, we realized that even though we were training officers in that concept, we had to align that principle across all the different levels of the organization, including our crowd management incident commanders.

1296
02:31:28.755 --> 02:31:38.029
<v Franz Schaning>So we brought him in, did a workshop with our command officers, had really robust conversations around just, like, again, strategically, what's our mindset when we walk into these events?

1297
02:31:38.110 --> 02:31:39.780
<v Franz Schaning>Events and try to manage them?

1298
02:31:40.293 --> 02:31:45.064
<v Franz Schaning>And how do people see risk manifest or perceive these events, the level of risk involved?

1299
02:31:45.433 --> 02:31:46.269
<v Franz Schaning>What is our goal out there?

1300
02:31:46.718 --> 02:31:51.424
<v Franz Schaning>And our goal should really be to address objective safety concerns for community members and our city employees.

1301
02:31:52.115 --> 02:32:08.933
<v Franz Schaning>And I think you've seen a shift since, you know, the spring of last year is when we had that workshop around, you know, on a Saturday morning, if you've got 5,000 people that want to come down and march through the city streets of downtown Portland to protest the federal government's action Do we really want to fight over the street and issue citations for people who do it for an unpermitted event?

1302
02:32:09.625 --> 02:32:10.363
<v Franz Schaning>Probably not, right?

1303
02:32:10.684 --> 02:32:17.433
<v Franz Schaning>I think the ask is, are there legitimate objective safety concerns being posed by motorists interacting with community members who are in a roadway?

1304
02:32:17.737 --> 02:32:25.031
<v Franz Schaning>Those are the things we're looking at now and trying to work with, you know, the protesters or the event organizers who are willing to talk to us and work with us.

1305
02:32:25.450 --> 02:32:27.361
<v Franz Schaning>How do we mitigate traffic safety concerns together?

1306
02:32:27.860 --> 02:32:30.157
<v Franz Schaning>We have a lot of community volunteers who engage in corking activities.

1307
02:32:30.254 --> 02:32:36.558
<v Franz Schaning>I think the question is, You know, they're not necessarily well trained or have the equipment to do traffic control the way we do.

1308
02:32:36.992 --> 02:32:45.381
<v Franz Schaning>So how do we engage in conversations and potentially bolster that safety mitigation measure as opposed to, again, go to an enforcement-type tool right away?

1309
02:32:46.056 --> 02:32:50.644
<v Franz Schaning>It's not to say it always works, that there's always, you know, kumbaya out there.

1310
02:32:50.884 --> 02:33:01.197
<v Franz Schaning>We've had instances where we've had to have hard conversations with community volunteers who think that they're mitigating safety concerns, but they're actually creating safety concerns and sometimes still end in enforcement actions.

1311
02:33:01.245 --> 02:33:12.657
<v Franz Schaning>So all those things have put us in a much better place, which I think leads to my ability to come in here with confidence and say I think it's going to be shockingly rare that we actually have to use chemical munitions in a public order setting moving forward.

1312
02:33:13.716 --> 02:33:20.914
<v Dan Ryan>And I, I want to acknowledge you brought up community partners that have been involved in the training, and I've been to one— what was that called?

1313
02:33:21.105 --> 02:33:22.468
<v Dan Ryan>I was there with Councilor Novick.

1314
02:33:22.612 --> 02:33:23.671
<v Dan Ryan>That was a training on a Sunday.

1315
02:33:24.722 --> 02:33:27.029
<v Dan Ryan>I remember in the simulation I didn't do very well.

1316
02:33:27.077 --> 02:33:28.638
<v Dan Ryan>I think I was killed twice that day.

1317
02:33:30.979 --> 02:33:33.670
<v Dan Ryan>But yeah, don't get stuck to this job.

1318
02:33:34.299 --> 02:33:40.083
<v Dan Ryan>My point is, how can council have access to have insight and understanding of this training?

1319
02:33:42.139 --> 02:33:45.650
<v Franz Schaning>So, you know, I think we would be open to what that looks like.

1320
02:33:45.699 --> 02:33:48.066
<v Franz Schaning>We've certainly— our lesson plans are publicly available.

1321
02:33:48.195 --> 02:33:58.629
<v Franz Schaning>We can get you guys copies of lesson plans, sort of curriculum summaries of what training looks like, what's been delivered, some of the different partnerships we've had with material coming in and being presented.

1322
02:34:00.495 --> 02:34:05.068
<v Franz Schaning>And we've kicked around the idea of a community-based academy that has a public order component.

1323
02:34:05.906 --> 02:34:06.067
<v Franz Schaning>Yeah.

1324
02:34:06.147 --> 02:34:16.534
<v Franz Schaning>Right now it's mostly focused on patrol operations and giving you experience on what patrol officers face out there, but I think we would be open to a conversation around a public order component for that type of experience.

1325
02:34:17.596 --> 02:34:28.885
<v Dan Ryan>My next question, away from crowd control but more to the dangerous tactical situations that were mentioned, which sounds like the only times that it's been deployed since the fall of 2020.

1326
02:34:30.768 --> 02:34:33.279
<v Dan Ryan>How would you— how do you currently handle it?

1327
02:34:33.504 --> 02:34:34.614
<v Dan Ryan>What's the process?

1328
02:34:35.190 --> 02:34:40.861
<v Dan Ryan>How would that process look different if you knew that tear gas was not something that you could use?

1329
02:34:41.459 --> 02:35:00.427
<v Dan Ryan>I just wanted— I know we kind of addressed I think you addressed this briefly in a big picture, but I think if you consider providing more details of recent incidents, again, not for crowd control, but since that's already been discussed, rather the tough decisions that are made when you use tear gas in an incident that is a violent incident.

1330
02:35:00.828 --> 02:35:01.840
<v Derek Foxworth>Yeah, thank you for the question.

1331
02:35:02.192 --> 02:35:03.203
<v Derek Foxworth>Very relevant question.

1332
02:35:03.700 --> 02:35:14.159
<v Derek Foxworth>As I mentioned earlier, that ability to use chemical munitions in many cases is is preventing us from going to a higher level force or a lethal encounter.

1333
02:35:14.657 --> 02:35:24.950
<v Derek Foxworth>If we had an instance where we had a barricaded individual that we believe was armed, we're probably going to look at trying to cause significant damage to that structure.

1334
02:35:25.224 --> 02:35:29.270
<v Derek Foxworth>We obviously don't want to have to send employees into a situation like that if we don't have to.

1335
02:35:29.736 --> 02:35:44.842
<v Derek Foxworth>So we would utilize potentially pieces of armor to break a hole in the side of a structure, to break a hole through the front door, to use armor to substantially cause damage just so that we can get an eye into that structure.

1336
02:35:44.939 --> 02:35:48.121
<v Derek Foxworth>At some point, we would unfortunately probably have to send officers in.

1337
02:35:48.784 --> 02:35:54.266
<v Derek Foxworth>Earlier in the presentation, I mentioned that time and distance provide us with options and tactical advantages.

1338
02:35:54.864 --> 02:36:02.203
<v Derek Foxworth>We would be forcing our officers into a situation where those components are then taken away, increasing the likelihood for potentially lethal encounter.

1339
02:36:07.054 --> 02:36:07.854
<v Sameer Kanal>Thank you, Councilor Ryan.

1340
02:36:08.833 --> 02:36:12.870
<v Sameer Kanal>Um, colleagues, we are going to end up going a couple minutes over today, just flagging that.

1341
02:36:12.950 --> 02:36:14.474
<v Sameer Kanal>Um, I'm going to go to Councilor Clark.

1342
02:36:14.538 --> 02:36:17.630
<v Sameer Kanal>I mentioned the queue is closed, so, uh, Councilor Clark, you're up.

1343
02:36:18.528 --> 02:36:19.217
<v Olivia Clark>Thank you, Mr. Chairman.

1344
02:36:20.049 --> 02:36:21.668
<v Olivia Clark>Um, thank you all very much today.

1345
02:36:21.893 --> 02:36:25.450
<v Olivia Clark>I found the, um, overview really, really helpful.

1346
02:36:25.995 --> 02:36:34.438
<v Olivia Clark>You put things in context for me, um, everything from the state law to what democratic socialist countries are doing with RCAs.

1347
02:36:34.646 --> 02:36:37.602
<v Olivia Clark>I thought that was fascinating and really good information.

1348
02:36:38.744 --> 02:36:44.351
<v Olivia Clark>Um, I also really appreciate the work that the Bureau has been doing since, uh, 2020.

1349
02:36:45.251 --> 02:36:50.618
<v Olivia Clark>I had the opportunity to see the, the professor that came on deescalation.

1350
02:36:50.890 --> 02:36:52.867
<v Olivia Clark>I thought it was really valuable.

1351
02:36:53.605 --> 02:36:55.963
<v Olivia Clark>And, um, I think the work that thank you, Mayor.

1352
02:36:55.995 --> 02:36:56.087
<v Olivia Clark>Thank you, Mayor.

1353
02:36:56.087 --> 02:37:01.719
<v Olivia Clark>I really appreciate the work you're also doing on just changing the culture of the Bureau generally when it comes to RCAs.

1354
02:37:01.719 --> 02:37:02.709
<v Olivia Clark>I really appreciate that.

1355
02:37:03.899 --> 02:37:07.659
<v Olivia Clark>A lot of my questions have already been answered about the environmental issues.

1356
02:37:07.659 --> 02:37:10.000
<v Olivia Clark>I was going to ask Matt some questions, but I'll let that go.

1357
02:37:11.280 --> 02:37:13.549
<v Olivia Clark>Also, I think Councilor Ryan asked about training.

1358
02:37:13.860 --> 02:37:14.940
<v Olivia Clark>I can— we can follow up.

1359
02:37:14.940 --> 02:37:24.197
<v Olivia Clark>I really hope that we have an opportunity, since we don't have much time today, to have these folks back so we can dive in a little bit deeper because I have lots of other questions.

1360
02:37:25.426 --> 02:37:31.122
<v Olivia Clark>And just lastly, I was going to ask, and let me just follow up on Councilor Ryan's question.

1361
02:37:31.333 --> 02:37:31.689
<v Olivia Clark>Sure.

1362
02:37:31.817 --> 02:37:39.913
<v Olivia Clark>The example that Officer Foxworth used about the individual in the car, I just want to ask you for another example.

1363
02:37:39.977 --> 02:37:50.575
<v Olivia Clark>So if you had a home where somebody was shooting at you, the officers are outside and they're shooting at you, you know, So if you— what would you do?

1364
02:37:50.864 --> 02:37:57.433
<v Olivia Clark>How would you use a chemical weapon in that situation, or how wouldn't you use it if they were banned?

1365
02:37:57.627 --> 02:37:58.284
<v Olivia Clark>What would you do?

1366
02:37:58.992 --> 02:38:00.084
<v Derek Foxworth>Yeah, thank you for the question.

1367
02:38:00.261 --> 02:38:04.806
<v Derek Foxworth>And that's something the team has faced in the past where we're taking active fire.

1368
02:38:05.576 --> 02:38:07.567
<v Derek Foxworth>In that situation, lethal force would be authorized.

1369
02:38:07.664 --> 02:38:11.389
<v Derek Foxworth>We would potentially be looking for the opportunity to take lethal force.

1370
02:38:11.840 --> 02:38:17.632
<v Derek Foxworth>There are instances where that's not an option because of the individual being deeply barricaded inside a structure.

1371
02:38:17.698 --> 02:38:24.720
<v Derek Foxworth>So we'd have no ability to degrade their ability to continue to fire at officers or those rounds going into the community.

1372
02:38:25.715 --> 02:38:34.582
<v Derek Foxworth>So in addition to looking at using lethal force, as I mentioned, we would also be looking at how can we create viewports into this structure.

1373
02:38:34.629 --> 02:38:58.879
<v Olivia Clark>So that might be using explosive breaching, that might be using our vehicles to ram through a portion of the house, causing So if you used a chemical weapon, I guess I missed that part, how would you get that, how would you use it in that situation?

1374
02:38:58.979 --> 02:38:59.280
<v Derek Foxworth>Yeah, great.

1375
02:38:59.280 --> 02:39:00.780
<v Derek Foxworth>Sorry, maybe I misunderstood the question.

1376
02:39:00.780 --> 02:39:06.559
<v Derek Foxworth>So yeah, if we had someone that was actively firing at police officers, we would be deploying chemical munitions.

1377
02:39:06.819 --> 02:39:09.520
<v Derek Foxworth>Generally, we'll start on the backside of a structure.

1378
02:39:09.520 --> 02:39:10.120
<v Derek Foxworth>Our goal is to fire at force the backside of the structure.

1379
02:39:10.352 --> 02:39:15.976
<v Derek Foxworth>Them to the front door where we can receive them, and we would generally start wherever they're at in the structure.

1380
02:39:16.023 --> 02:39:24.066
<v Derek Foxworth>So it's a coordinated deployment of those chemical munitions to gain compliance so that we don't have to rise to those other levels of force.

1381
02:39:24.163 --> 02:39:24.548
<v Olivia Clark>Got you.

1382
02:39:24.755 --> 02:39:25.700
<v Olivia Clark>Okay, that's really valuable.

1383
02:39:25.797 --> 02:39:33.296
<v Olivia Clark>I think those examples are really helpful for us to know, especially when officers or members of the public are at risk in a situation like that.

1384
02:39:33.504 --> 02:39:34.305
<v Olivia Clark>I appreciate that.

1385
02:39:34.706 --> 02:39:39.288
<v Olivia Clark>I would, I would hope, Mr. Chairman, that we can bring these guys back so that we can delve a little deeper.

1386
02:39:39.352 --> 02:39:41.868
<v Olivia Clark>I have more questions, but I'll let that go today.

1387
02:39:42.236 --> 02:39:42.573
<v Olivia Clark>Thank you.

1388
02:39:43.198 --> 02:39:43.807
<v Olivia Clark>Thank you so much.

1389
02:39:44.399 --> 02:39:45.297
<v Sameer Kanal>Thank you, Councilor Clark.

1390
02:39:45.344 --> 02:39:47.717
<v Sameer Kanal>Yeah, I do intend to continue this item.

1391
02:39:47.764 --> 02:39:52.106
<v Sameer Kanal>I'm going to ask a couple of my questions, but not all of them, and then do so as I noted I would earlier.

1392
02:39:52.572 --> 02:39:57.987
<v Sameer Kanal>I know there's folks in the queue, and that queue will be retained, and then we'll go to public testimony.

1393
02:39:58.036 --> 02:39:59.558
<v Sameer Kanal>So I am next in the queue.

1394
02:39:59.605 --> 02:40:00.423
<v Sameer Kanal>I'm starting my timer.

1395
02:40:01.209 --> 02:40:02.345
<v Sameer Kanal>Just a couple quick notes.

1396
02:40:03.388 --> 02:40:09.542
<v Sameer Kanal>Independent Monitor LLC is the name of a company It is not actually the independent monitor under the settlement agreement.

1397
02:40:09.782 --> 02:40:12.797
<v Sameer Kanal>Um, it is akin to the term clean coal.

1398
02:40:13.165 --> 02:40:13.614
<v Sameer Kanal>Is it clean?

1399
02:40:14.047 --> 02:40:14.528
<v Sameer Kanal>They say so.

1400
02:40:15.394 --> 02:40:19.737
<v Sameer Kanal>Um, and it's also like as if Apple was a fruit company, right?

1401
02:40:20.283 --> 02:40:31.939
<v Sameer Kanal>Um, Independent Monitor LLC was a sole source contract chosen by the old mayor's office, uh, to review, um, the crowd control work, uh, in 2020 and provide recommendations going forward.

1402
02:40:32.147 --> 02:40:35.985
<v Sameer Kanal>So that was a mayor's office issue, not anything to do with police.

1403
02:40:36.081 --> 02:40:37.751
<v Sameer Kanal>Obviously, the subject of the review was police.

1404
02:40:38.264 --> 02:40:39.180
<v Sameer Kanal>I just need to get that out there.

1405
02:40:39.452 --> 02:40:50.596
<v Sameer Kanal>I also appreciate the acknowledgment of the harm that was caused in 2020 and to acknowledge— and the acknowledgment that PPB hasn't used these in protest suppression since 2020.

1406
02:40:50.950 --> 02:40:56.040
<v Sameer Kanal>That acknowledgment that it's not necessary helps us move forward because it wouldn't change any current practices there.

1407
02:40:56.745 --> 02:41:11.575
<v Sameer Kanal>To make a I just would like to confirm, Bureau policy and practices were mentioned in slide 1, and that includes directives and SOPs, I believe, which can be changed at any time by the Bureau without a council vote.

1408
02:41:11.688 --> 02:41:13.203
<v Sameer Kanal>Can I just get a confirmation on that?

1409
02:41:15.180 --> 02:41:18.224
<v Franz Schaning>So Bureau policies are subject to review.

1410
02:41:18.450 --> 02:41:26.221
<v Franz Schaning>We have both public review, we also have Department of Justice review and sign-off for certain policy that align— that touch the settlement agreement.

1411
02:41:26.270 --> 02:41:32.888
<v Franz Schaning>So any updates to use of force policies or anything related to the settlement agreement require DOJ sign-off as well.

1412
02:41:33.015 --> 02:41:34.986
<v Franz Schaning>So we can't just change them in a vacuum.

1413
02:41:35.099 --> 02:41:39.698
<v Franz Schaning>There is community input, which includes— obviously you all have the ability to provide input as well.

1414
02:41:41.092 --> 02:41:43.800
<v Franz Schaning>We send them out for public review before we finalize any changes.

1415
02:41:44.458 --> 02:41:46.219
<v Franz Schaning>And again, there's other bodies that sign off on them.

1416
02:41:46.700 --> 02:41:48.238
<v Sameer Kanal>But it's done without a public vote?

1417
02:41:48.559 --> 02:41:49.024
<v Franz Schaning>Correct.

1418
02:41:50.308 --> 02:41:50.513
<v Unidentified speaker>Correct.

1419
02:41:50.561 --> 02:41:52.334
<v Sameer Kanal>Okay, thanks.

1420
02:41:52.495 --> 02:41:55.460
<v Sameer Kanal>So I wanted to focus a little bit here.

1421
02:41:55.621 --> 02:41:58.328
<v Sameer Kanal>If you can pull up slide 11 again.

1422
02:42:03.430 --> 02:42:05.721
<v Sameer Kanal>I have 3 questions I want to do today.

1423
02:42:06.829 --> 02:42:09.674
<v Sameer Kanal>One is that, you know, in slide— I believe it's slide 11.

1424
02:42:09.737 --> 02:42:13.000
<v Sameer Kanal>I think the numbers changed on it, but it's the one that has a step 1, 2, 3 at the bottom.

1425
02:42:13.192 --> 02:42:20.938
<v Sameer Kanal>And it refers to in step 3, which is the use of the idea that failure of steps 1 and 2 contribute to that.

1426
02:42:21.852 --> 02:42:27.132
<v Sameer Kanal>And in step 1, it includes prior communication between police and protest organizers.

1427
02:42:27.888 --> 02:42:37.165
<v Sameer Kanal>In other words, failure to have prior conversation with police as a protest organizer contributes to the determination of whether or not to use tear gas.

1428
02:42:37.277 --> 02:42:41.898
<v Sameer Kanal>And my question is, philosophically, why should protesters have to do dialogue with the police before they use tear gas?

1429
02:42:48.409 --> 02:42:56.540
<v Franz Schaning>Yeah, I think it's a mischaracterization of what the slide shows, and then that's— if we didn't make that clear, I apologize for that.

1430
02:42:56.540 --> 02:43:03.489
<v Franz Schaning>There is no requirement that you engage in any kind of conversation with the police to avoid being subject to the use of chemical munitions.

1431
02:43:03.899 --> 02:43:08.139
<v Franz Schaning>I think what this shows is all of our attempts to de-escalate and manage events, and events we have done that in a number of different ways.

1432
02:43:09.164 --> 02:43:15.387
<v Franz Schaning>In a proportionate and layered approach before we ever get to the point where we're deciding whether or not to use chemical munitions.

1433
02:43:16.043 --> 02:43:29.018
<v Franz Schaning>Obviously, conversation, communication will always help de-escalate events, make sure there's not misunderstandings, try to see each other's viewpoints and mitigate each other's concerns or whatever it is.

1434
02:43:30.093 --> 02:43:41.177
<v Franz Schaning>But at the end of the day, the failure to engage with our dialogue officers or bicycle officers does not increase your chances under bureau policy or state law of being subjected to chemical munitions.

1435
02:43:42.005 --> 02:43:43.090
<v Sameer Kanal>Thank you for clarifying that.

1436
02:43:44.594 --> 02:43:45.613
<v Sameer Kanal>Second one's a 2-parter.

1437
02:43:45.663 --> 02:43:47.361
<v Sameer Kanal>It's slides 16 and 17.

1438
02:43:47.425 --> 02:43:48.979
<v Sameer Kanal>There are 2 quotes in here.

1439
02:43:50.709 --> 02:43:56.219
<v Sameer Kanal>One is police leadership warned this would necessitate higher physical force levels, and it did.

1440
02:43:57.450 --> 02:43:59.786
<v Sameer Kanal>That's— I think you've renumbered, or this is 14.

1441
02:44:00.020 --> 02:44:01.320
<v Sameer Kanal>15, Might be 16.

1442
02:44:01.906 --> 02:44:02.802
<v Sameer Kanal>Yeah, it's that one.

1443
02:44:03.031 --> 02:44:03.568
<v Sameer Kanal>You just went by it.

1444
02:44:09.554 --> 02:44:14.921
<v Sameer Kanal>It's the upper right box, um, and it refers— it cites the City of Portland IPR Lessons Learned Report.

1445
02:44:14.968 --> 02:44:20.686
<v Sameer Kanal>I believe that is this report, and I will pass a copy to you to verify that, just to do it.

1446
02:44:21.154 --> 02:44:25.361
<v Sameer Kanal>I couldn't find that quote in this document, and I would love to know where you found it.

1447
02:44:25.603 --> 02:44:28.662
<v Sameer Kanal>And the second half of this question is in the next page.

1448
02:44:30.100 --> 02:44:34.940
<v Sameer Kanal>There is a reference to— in the one slide forward, please.

1449
02:44:35.924 --> 02:44:42.254
<v Sameer Kanal>It's the bottom left, bottom item here, the Independent Monitor's 2023 assessment.

1450
02:44:43.251 --> 02:44:53.029
<v Sameer Kanal>I believe that that's referring again to Independent Monitor LLC, not the Independent Monitor, which started in 2024, or the COCL, which is the previous thing.

1451
02:44:53.639 --> 02:44:55.475
<v Sameer Kanal>And they issued quarterly, not annual reports.

1452
02:44:56.443 --> 02:45:03.209
<v Sameer Kanal>I went through that, couldn't find either of those in either the first 2024 report or the COCL 2023 reports.

1453
02:45:03.290 --> 02:45:13.207
<v Sameer Kanal>I believe that refers to the IMLLC report, which does talk about making— rebuilding mutual aid is their first of 12 recommendations.

1454
02:45:14.525 --> 02:45:20.500
<v Sameer Kanal>And I just wanted to confirm that I got this right, and this will be found right before number 2.

1455
02:45:20.792 --> 02:45:21.280
<v Franz Schaning>Yes.

1456
02:45:21.486 --> 02:45:22.777
<v Sameer Kanal>This was recommendation number 1.

1457
02:45:23.226 --> 02:45:43.166
<v Sameer Kanal>If this is correct, it would come before recommendation 2, PPB must dramatically reduce its reliance on crowd dispersals with RCAs like CS gas at public order events, which along with the report that Councilor Avalos wrote when she was chair of the Citizen Review Committee, which talked about making the ban permanent, is sort of the foundation of a lot of these conversations.

1458
02:45:43.215 --> 02:45:46.600
<v Sameer Kanal>So I'm going to pass these around and just confirm that I can't find that quote.

1459
02:45:46.872 --> 02:45:48.274
<v Sameer Kanal>I'd love to know where that quote came from.

1460
02:45:49.052 --> 02:45:53.742
<v Sameer Kanal>Um, and I, I, I don't want— you don't have to respond to it right this second, because if you can—.

1461
02:45:53.935 --> 02:45:54.099
<v Franz Schaning>Yeah.

1462
02:45:54.649 --> 02:46:07.558
<v Sameer Kanal>Um, the third question— I only have 3 today— is we know— actually, I'm going to skip that one.

1463
02:46:09.987 --> 02:46:17.733
<v Sameer Kanal>The use of this gas, uh, in the sense that it affects not only the person it is aimed at, but other people, the school up the street, nearby individuals.

1464
02:46:18.969 --> 02:46:26.920
<v Sameer Kanal>The use of, of this sort of, um, material is indiscriminate, right, in the sense that it cannot target.

1465
02:46:27.322 --> 02:46:33.040
<v Sameer Kanal>I could not be tear gassed here without that affecting every other person in the room, but certainly my colleagues sitting next to me.

1466
02:46:33.103 --> 02:46:36.685
<v Sameer Kanal>Is that, is that an accurate assessment of the material?

1467
02:46:37.825 --> 02:46:41.790
<v Franz Schaning>So what I would say in response to that is that the tool itself the chemical munition itself is indiscriminate.

1468
02:46:42.379 --> 02:46:45.370
<v Franz Schaning>The way or manner in which we use it can be more or less indiscriminate.

1469
02:46:46.059 --> 02:47:01.159
<v Franz Schaning>So if you look at, for example, how the federal government's been using chemical munitions down on the ICE facility, or frankly some of the ways we use chemical munitions in 2020, the volume and quantity of the chemical munitions created a large area where it's an indiscriminate use.

1470
02:47:01.159 --> 02:47:05.940
<v Franz Schaning>I think Commander Foxworth could talk about the use of chemical munitions in a CERT setting, but that's a fairly confined area.

1471
02:47:05.940 --> 02:47:15.387
<v Franz Schaning>I think the and limited use case where it— even though the tool itself is indiscriminate, the area that's being impacted is very focused based on the way it's used and, and the volume that is used.

1472
02:47:15.788 --> 02:47:22.930
<v Franz Schaning>I'd say going forward, again, we've, we've increased and enhanced our ability to have focused interventions on individuals engaged in criminal conduct.

1473
02:47:23.459 --> 02:47:28.965
<v Franz Schaning>I think we've increased the amount of training and also the amount of protective equipment our officers have available to them.

1474
02:47:29.495 --> 02:47:36.922
<v Franz Schaning>I think even in those situations where we felt the need need to use chemical munitions in a public order setting, it would be a more focused deployment of those tools.

1475
02:47:37.290 --> 02:47:40.771
<v Franz Schaning>It would not be— it would not look the same as 2020 did, and that's my true belief.

1476
02:47:41.988 --> 02:47:45.245
<v Sameer Kanal>I understand that, and I appreciate the additional information there.

1477
02:47:45.613 --> 02:47:55.509
<v Sameer Kanal>The tool being indiscriminate is in direct conflict with that report where number 2 specifically says that PPB directives currently ban indiscriminate uses of force.

1478
02:47:56.694 --> 02:47:59.195
<v Sameer Kanal>So I'll I'll just stop there for now.

1479
02:47:59.789 --> 02:48:01.263
<v Sameer Kanal>Um, I am going to hold this over.

1480
02:48:01.326 --> 02:48:03.185
<v Sameer Kanal>This item is continued, it is not closed.

1481
02:48:03.570 --> 02:48:05.045
<v Sameer Kanal>I am retaining who is in the queue.

1482
02:48:05.334 --> 02:48:07.609
<v Sameer Kanal>I don't want to, um, uh, lose that.

1483
02:48:07.816 --> 02:48:12.000
<v Sameer Kanal>I don't want to commit to being next week because I don't want to ask you here to check your schedules.

1484
02:48:12.048 --> 02:48:14.885
<v Sameer Kanal>I want to ask off the desk and figure it out with you all.

1485
02:48:14.949 --> 02:48:19.163
<v Sameer Kanal>But in the next couple weeks, um, I'll say just based on your availability.

1486
02:48:20.397 --> 02:48:21.774
<v Sameer Kanal>Thank you all for being here.

1487
02:48:22.144 --> 02:48:24.495
<v Sameer Kanal>Um, that we're going We're going to— yeah, I'm retaining that queue.

1488
02:48:24.721 --> 02:48:29.152
<v Sameer Kanal>With that, I want to make sure we're getting into— I'm retaining that queue and continuing the item.

1489
02:48:29.281 --> 02:48:38.173
<v Sameer Kanal>Okay, I get the ones— with that, I'm going to ask if we can get into— if we can call the next item, please.

1490
02:48:41.342 --> 02:48:46.619
<v Rebecca Dobert>Item 4, potential legislative items for future consideration by the Committee of the Whole, document number 2026-390.

1491
02:48:50.184 --> 02:48:50.450
<v Sameer Kanal>Thank you.

1492
02:48:51.060 --> 02:48:57.887
<v Sameer Kanal>So I'm going to pass this over to Councilor Dunphy first, and this is a brief item just to float the ideas that you may bring to the committee in the future.

1493
02:48:58.208 --> 02:48:58.465
<v Jamie Dunphy>Absolutely.

1494
02:48:58.530 --> 02:48:59.654
<v Jamie Dunphy>Thank you, Chair.

1495
02:48:59.814 --> 02:49:09.933
<v Jamie Dunphy>Colleagues, today I'm going to be filing an ordinance to establish a temporary 365-day moratorium on the City of Portland's procurement and implementation of artificial intelligence.

1496
02:49:10.575 --> 02:49:20.263
<v Jamie Dunphy>My goal is to protect public privacy, security, and civil rights while the administration may the city's data and privacy office fully operable and adopts comprehensive legislative guidelines.

1497
02:49:21.066 --> 02:49:36.754
<v Jamie Dunphy>And while this pause halts new contracts, restricts current contracts from adding additional AI functionality, and limits pilot projects to minimal risk uses, I have included clear exceptions for incidental AI features like spam filters and critical cybersecurity emergencies.

1498
02:49:38.245 --> 02:49:48.504
<v Jamie Dunphy>Emergent AI technology carries substantial risks to both the public and the city, meaning we simply cannot go full steam ahead without establishing proper policy guardrails in city code.

1499
02:49:49.289 --> 02:50:19.091
<v Jamie Dunphy>My staff has spent the last year trying to get more information on the structural thinking behind the current internal process, and we found that the guardrails and the access to those guidelines can be unsatisfactory considering the stakes of these choices and the vulnerability of our community members to data In fact, specifically Brenda's report earlier today on responding to immigrant refugees and this federal overreach happening in our community, this has increased those concerns for me.

1500
02:50:19.896 --> 02:50:30.476
<v Jamie Dunphy>Additionally, by pausing now, we are intentionally aligning our efforts with the leadership of Governor Kotek and the state as they are pressing pause to contemplate statewide government usage of Frontier AI.

1501
02:50:30.524 --> 02:50:30.588
<v Angelita Morillo>So.

1502
02:50:30.751 --> 02:50:31.075
<v Rebecca Dobert>Thank you.

1503
02:50:32.101 --> 02:50:36.385
<v Jamie Dunphy>Just a quick preview that I will be filing this, and we'll have more conversations in the near future.

1504
02:50:36.850 --> 02:50:37.844
<v Sameer Kanal>Thank you, Council President.

1505
02:50:38.068 --> 02:50:40.476
<v Sameer Kanal>Councilor Zimmerman, do you have legislation to float, or is that a legacy item?

1506
02:50:40.636 --> 02:50:41.486
<v Eric Zimmerman>That's legacy.

1507
02:50:42.064 --> 02:50:42.914
<v Sameer Kanal>Thank you, Councilor Zimmerman.

1508
02:50:43.106 --> 02:50:52.522
<v Sameer Kanal>I, uh, will just briefly mention I am looking at bringing forward legislation alongside Councilor Avalos to preserve the right to breathe, uh, clean air free of chemical weapons usage.

1509
02:50:52.572 --> 02:51:12.965
<v Sameer Kanal>I'll be presenting more detail on that as we go forward, but in the interest of time, we'll, we'll just simply say it it has a part specifically banning the use of tear gas by any city agency and also working on using regulatory structures allowed under federal environmental law as it relates to the federal government's use.

1510
02:51:14.628 --> 02:51:16.000
<v Sameer Kanal>Rebecca, will you please call the next item?

1511
02:51:16.670 --> 02:51:21.822
<v Rebecca Dobert>Item 5, public hearing on items before the Committee of the Whole, document number 2026-391.

1512
02:51:22.885 --> 02:51:23.143
<v Sameer Kanal>Thank you.

1513
02:51:23.207 --> 02:51:26.024
<v Sameer Kanal>And I warned folks ahead of time that we wouldn't be able to get through everyone today.

1514
02:51:26.182 --> 02:51:30.540
<v Sameer Kanal>I will be continuing this item into another meeting as well to allow for other people to do so.

1515
02:51:31.423 --> 02:51:32.915
<v Sameer Kanal>Rebecca, could you please call the first panel?

1516
02:51:32.963 --> 02:51:34.070
<v Sameer Kanal>And as they're coming up, I'll give the—.

1517
02:51:35.435 --> 02:51:45.853
<v Rebecca Dobert>Our first panel is Angie Tomlinson, Aaron Schmautz, Cherice Bock, Brian Owendoff, and Austin Pryfogle.

1518
02:51:47.009 --> 02:51:50.798
<v Sameer Kanal>As folks are coming up, I'll just note that, you know, you have your 3 minutes, please use it.

1519
02:51:50.861 --> 02:51:52.852
<v Sameer Kanal>If you don't need it, it helps the next person go.

1520
02:51:53.093 --> 02:51:56.766
<v Sameer Kanal>And for those in the audience, Again, please keep your responses nonverbal.

1521
02:51:56.815 --> 02:51:59.461
<v Sameer Kanal>We can see what you are doing and saying and holding up.

1522
02:51:59.541 --> 02:52:00.632
<v Sameer Kanal>So thank you.

1523
02:52:01.130 --> 02:52:02.541
<v Rebecca Dobert>Uh, Angie's online.

1524
02:52:02.638 --> 02:52:03.986
<v Rebecca Dobert>You can unmute and go ahead, Angie.

1525
02:52:05.060 --> 02:52:05.365
<v Angie Tomlinson>Thank you.

1526
02:52:05.862 --> 02:52:07.193
<v Angie Tomlinson>Good morning, members of City Council.

1527
02:52:07.547 --> 02:52:08.782
<v Angie Tomlinson>My name is Angie Tomlinson.

1528
02:52:08.895 --> 02:52:14.477
<v Angie Tomlinson>I'm a stormwater scientist with a master's degree in environmental science and engineering, and I've worked in this field for more than 20 years.

1529
02:52:15.070 --> 02:52:17.509
<v Angie Tomlinson>I've called Portland my home for decades and raised my 2 daughters here.

1530
02:52:18.279 --> 02:52:36.325
<v Angie Tomlinson>I'm also part of the police accountability movement, and in 2020, while, while peacefully exercising my First Amendment rights, I was so I'm here today wearing 2 hats: as a scientist who understands the regulations designed to protect our waterways, and as a Portland resident who has personally experienced the consequences of tear gas being deployed on our streets.

1531
02:52:36.838 --> 02:52:45.367
<v Angie Tomlinson>I previously worked for the City of Portland administrating the— administering the NPDES MS4 permit under federal clean water— the Federal Clean Water Act.

1532
02:52:45.816 --> 02:52:50.379
<v Angie Tomlinson>I understand these regulations not just in theory, but from years of professional experience implementing them.

1533
02:52:50.426 --> 02:52:50.555
<v Angie Tomlinson>Thank you.

1534
02:52:50.620 --> 02:52:50.780
<v Angie Tomlinson>Them.

1535
02:52:52.242 --> 02:52:54.345
<v Angie Tomlinson>I previously worked for the city of— oh, I'm sorry.

1536
02:52:54.730 --> 02:53:02.697
<v Angie Tomlinson>And I'm here to ask straight— a straightforward question: why are we not holding the users of tear gas accountable for the environmental consequences of its use?

1537
02:53:03.338 --> 02:53:08.093
<v Angie Tomlinson>Portland City Code Chapter 1739 regulates discharges into our storm system.

1538
02:53:08.478 --> 02:53:15.111
<v Angie Tomlinson>Section 1739.020 addresses illicit discharges, including discharges that are not authorized under the code.

1539
02:53:15.706 --> 02:53:22.950
<v Angie Tomlinson>Let me emphasize a fundamental our storm drains are not a dumping ground for chemicals.

1540
02:53:23.600 --> 02:53:25.819
<v Angie Tomlinson>Consider what happens when tear gas is deployed.

1541
02:53:26.579 --> 02:53:32.299
<v Angie Tomlinson>Chemical agents and the residues from their munitions settle into our streets, sidewalks, buildings, and soil.

1542
02:53:32.299 --> 02:53:42.520
<v Angie Tomlinson>When those surfaces are washed down, down our rainfalls, contaminated water can flow into the storm drains and toward our waterways.

1543
02:53:42.879 --> 02:53:47.379
<v Angie Tomlinson>We cannot simply assume those chemicals become harmless when they are diluted, and we cannot assume our stormwater infrastructure is designed to filter out chemicals.

1544
02:53:47.379 --> 02:53:58.917
<v Angie Tomlinson>Councilmember Herbold, Portland Stormwater Code provides a framework for addressing unauthorized discharges that threaten human health, safety, or the environment.

1545
02:53:59.500 --> 02:54:07.888
<v Angie Tomlinson>When tear gas residues or contaminated cleanup water creates such a threat, the city should investigate, determine which requirements apply, and enforce them.

1546
02:54:09.079 --> 02:54:17.018
<v Angie Tomlinson>Now imagine a private business knowingly releasing a potential harmful chemical onto a public street, allowing it to enter the stormwater system, and leaving the city to clean up the damage.

1547
02:54:17.120 --> 02:54:18.165
<v Angie Tomlinson>City to clean up the mess?

1548
02:54:19.003 --> 02:54:28.762
<v Angie Tomlinson>Would we simply send the bill to the Portland taxpayers, or would we investigate, determine responsibility, require appropriate corrective action, and seek reimbursement where the law allows?

1549
02:54:29.389 --> 02:54:33.659
<v Angie Tomlinson>Why should the answer be different when the chemical weapon is being deployed by law enforcement?

1550
02:54:35.239 --> 02:54:38.218
<v Angie Tomlinson>Environmental regulations should not depend on who causes the pollution.

1551
02:54:38.815 --> 02:54:44.179
<v Angie Tomlinson>Public safety operations do not eliminate the responsibility to protect the public and our natural environment.

1552
02:54:44.963 --> 02:54:47.629
<v Angie Tomlinson>The question is not whether we can afford to hold polluters accountable.

1553
02:54:47.742 --> 02:54:49.658
<v Angie Tomlinson>The question is whether we can afford not to.

1554
02:54:50.076 --> 02:54:52.235
<v Angie Tomlinson>Our waterways belong to all of us.

1555
02:54:52.316 --> 02:54:55.100
<v Angie Tomlinson>Protecting them is not optional, and accountability should not be either.

1556
02:54:55.327 --> 02:54:56.354
<v Angie Tomlinson>Thank you.

1557
02:54:57.266 --> 02:54:57.707
<v Sameer Kanal>Thank you, Angie.

1558
02:54:58.359 --> 02:54:59.825
<v Sameer Kanal>I'm not sure who's next, but please go ahead.

1559
02:55:00.870 --> 02:55:01.064
<v Rebecca Dobert>Go ahead.

1560
02:55:01.403 --> 02:55:01.515
<v Cherice Bock>Okay.

1561
02:55:03.165 --> 02:55:04.022
<v Cherice Bock>Good morning, councilors.

1562
02:55:04.523 --> 02:55:12.212
<v Cherice Bock>My name is Cherice Bock, and I'm here representing 350 PDX, which is a local nonprofit that organizes thousands of Portlanders who care about climate change.

1563
02:55:13.585 --> 02:55:21.584
<v Cherice Bock>We advocate for the introduction and passage of a Right to Breathe Act that will protect people, wildlife, our rivers, and our rights to speech and assembly.

1564
02:55:22.578 --> 02:55:34.993
<v Cherice Bock>In a personal capacity, I've been gassed with chemical weapons found in riot control agents at least a couple dozen times in the streets in 2020 to '21, as well as in the last couple years, although I missed the labor march.

1565
02:55:35.907 --> 02:55:41.545
<v Cherice Bock>Other than daytime marches and demonstrations, I went out for the first time at an evening protest in 2020 with the Wall of Moms.

1566
02:55:41.610 --> 02:55:42.058
<v Cherice Bock>Councilmember Herbold.

1567
02:55:43.038 --> 02:55:47.087
<v Cherice Bock>Because before that, I'd been somewhat worried about large groups and COVID.

1568
02:55:47.297 --> 02:55:53.909
<v Cherice Bock>But I was out there wearing a yellow shirt with hundreds of other mostly middle-aged ladies like myself.

1569
02:55:54.715 --> 02:55:57.565
<v Cherice Bock>And we were gassed just for standing there, as Councilor Murillo mentioned.

1570
02:55:58.498 --> 02:56:04.798
<v Cherice Bock>I was out there many times over the next year and a half, and I was just reviewing my notes from those experiences, and it was intense.

1571
02:56:07.459 --> 02:56:11.083
<v Cherice Bock>I witnessed riots being declared over and over again without apparent reason.

1572
02:56:11.131 --> 02:56:11.278
<v Cherice Bock>I was there.

1573
02:56:14.009 --> 02:56:17.270
<v Cherice Bock>There was an extremely low threshold for declaring something a riot.

1574
02:56:18.135 --> 02:56:22.621
<v Cherice Bock>I witnessed and experienced many examples of use of force by PPB and federal agents.

1575
02:56:22.878 --> 02:56:32.379
<v Cherice Bock>I witnessed many people experiencing debilitating impacts of tear gas while being shoved with a crowd in areas with uneven ground and low visibility due to plumes of gas.

1576
02:56:33.051 --> 02:56:38.916
<v Cherice Bock>Various chemical weapons were deployed indiscriminately on large crowds filling the streets for blocks, impacting the trees and wildlife.

1577
02:56:38.965 --> 02:56:39.284
<v Cherice Bock>Councilmember Herbold.

1578
02:56:39.350 --> 02:56:45.498
<v Cherice Bock>Life in the parks near the Injustice Center and at times all the way from the ICE building to Elizabeth Crothers Park.

1579
02:56:46.992 --> 02:56:56.450
<v Cherice Bock>I will also mention that in my experience, protesters were always respectful of firefighters and clapped for them if they arrived, parting the crowd and following instructions without need for use of force.

1580
02:56:57.139 --> 02:56:59.179
<v Cherice Bock>So arguments about fire danger are not accurate.

1581
02:57:00.495 --> 02:57:05.072
<v Cherice Bock>Representing 350 PDX, I'd like to address a couple of points that were made in today's presentation, Thank you, Mayor.

1582
02:57:05.120 --> 02:57:05.280
<v Cherice Bock>Thank you, Mayor.

1583
02:57:05.327 --> 02:57:07.075
<v Cherice Bock>I have a few comments specific to the environmental impact.

1584
02:57:08.181 --> 02:57:15.698
<v Cherice Bock>First, although it was presented that the storm drains are set up to filter out toxins, this does not address the particles that blow around on the wind.

1585
02:57:16.514 --> 02:57:29.834
<v Cherice Bock>As I shared about in my presentation in August, the study of wind patterns during an evening when chemical weapons were used downtown showed that it reached the river through the air, and we can infer that it would be more likely to reach the river from the south waterfront.

1586
02:57:30.490 --> 02:57:32.558
<v Cherice Bock>Second, the waterways are not the only concern.

1587
02:57:32.718 --> 02:57:43.329
<v Cherice Bock>These particles also land on the these chemicals indiscriminately impact people as well as trees, plants, and soil.

1588
02:57:43.329 --> 02:57:51.239
<v Cherice Bock>And third, while I appreciate the recognition that chemical weapons aren't the only ways these types of toxins enter into the waterways, that doesn't make them excusable.

1589
02:57:51.649 --> 02:57:55.389
<v Cherice Bock>We don't say, well, there's already trash in the river, so we can throw more trash.

1590
02:57:55.510 --> 02:58:00.829
<v Cherice Bock>No, we, we try to set various policies to eliminate trash from getting in the river in the first place.

1591
02:58:00.829 --> 02:58:00.870
<v Cherice Bock>Councilor Smith.

1592
02:58:03.221 --> 02:58:07.398
<v Cherice Bock>So this is not the only policy that needs to happen, but it is one policy that is needed.

1593
02:58:07.931 --> 02:58:10.817
<v Cherice Bock>We should hold accountable those who emit these toxins.

1594
02:58:11.350 --> 02:58:11.527
<v Sameer Kanal>Thank you.

1595
02:58:11.864 --> 02:58:12.186
<v Sameer Kanal>Thank you.

1596
02:58:13.781 --> 02:58:14.843
<v Aaron Schmautz>Uh, thanks for having me.

1597
02:58:14.956 --> 02:58:16.050
<v Aaron Schmautz>My name is Aaron Schmautz.

1598
02:58:16.099 --> 02:58:17.629
<v Aaron Schmautz>I'm the president of the Portland Police Association.

1599
02:58:19.166 --> 02:58:28.117
<v Aaron Schmautz>Prior to today, I had hoped that today's discussion would be constructively focused on the narrow uses of policing tools in response to rare but critical life safety incidents.

1600
02:58:29.263 --> 02:58:31.890
<v Aaron Schmautz>Hard conversations rooted in truth lead to good governance.

1601
02:58:32.836 --> 02:58:38.755
<v Aaron Schmautz>Hyperbole, juvenile social media posts, and attacks on city employees and Portlanders alike do not.

1602
02:58:39.574 --> 02:58:55.549
<v Aaron Schmautz>I will not give more than 5 seconds of my time to such hyperbole, but 2 city council members posting on their official social media pages that Portland Police want to tell you why they should be allowed to gas you is how deeply unserious people talk about important public— important public safety matters.

1603
02:58:55.630 --> 02:58:55.727
<v Aaron Schmautz>Thank you.

1604
02:58:56.640 --> 02:59:07.603
<v Aaron Schmautz>For those of us who are serious about our community's safety and well-being, let's have a conversation about why sacrificing life safety and the sanctity of life to win some political points is bad public policy.

1605
02:59:08.534 --> 02:59:18.100
<v Aaron Schmautz>As you've just heard in a comprehensive presentation prepared by international experts in policing, the City of Portland has not used chemical munitions in a protest or crowd circumstance since 2020.

1606
02:59:18.918 --> 02:59:38.844
<v Aaron Schmautz>Since then, as we sit here today in October 2026, Our state legislature, PPB policy, and the DOJ settlement overseen by a federal judge narrowly permit its use only where life safety is at risk or in unlawfully— objectively unlawful and dangerous situations like riots, burning occupied buildings, and street brawls.

1607
02:59:39.599 --> 02:59:47.924
<v Aaron Schmautz>Further, our CERT team narrowly and rarely uses chemical munitions to de-escalate critical incidents such as hostage scenarios and barricaded dangerous persons.

1608
02:59:49.128 --> 02:59:57.799
<v Aaron Schmautz>These tools have saved countless lives in our city, and removing this tool altogether would put victims and suspects at unnecessary risk.

1609
02:59:59.243 --> 03:00:01.022
<v Aaron Schmautz>Our path forward as a city is not paved.

1610
03:00:01.246 --> 03:00:02.897
<v Aaron Schmautz>It will take all of us working together.

1611
03:00:03.635 --> 03:00:11.585
<v Aaron Schmautz>Our members, our police officers, are your city employees, and our citizens deserve better than what we've seen from the authors of this conversation today.

1612
03:00:12.805 --> 03:00:14.295
<v Aaron Schmautz>Our priority is community safety.

1613
03:00:15.459 --> 03:00:18.429
<v Aaron Schmautz>Distilled, the public policy decision before you today is simple.

1614
03:00:18.911 --> 03:00:26.600
<v Aaron Schmautz>Do we unnecessarily and brazenly risk Portlanders' life safety by banning a highly regulated policing tool to score political points?

1615
03:00:27.344 --> 03:00:27.873
<v Aaron Schmautz>We should not.

1616
03:00:30.855 --> 03:00:31.958
<v Rebecca Dobert>Brian is online.

1617
03:00:32.395 --> 03:00:32.994
<v Rebecca Dobert>You can unmute.

1618
03:00:33.042 --> 03:00:33.577
<v Rebecca Dobert>Go ahead, Brian.

1619
03:00:43.584 --> 03:00:51.895
<v Rebecca Dobert>Brian Owendoff, D4.

1620
03:00:52.379 --> 03:00:57.680
<v Brian Owendoff>Portland needs public safety policies grounded in evidence, accountability, and the law, not political ideology.

1621
03:00:57.792 --> 03:01:03.349
<v Brian Owendoff>Chemical irritants can cause serious harms, particularly when used indiscriminately or against peaceful demonstrators.

1622
03:01:03.787 --> 03:01:07.117
<v Brian Owendoff>Every deployment must be lawful, necessary, proportionate, and subject to immediate review.

1623
03:01:07.430 --> 03:01:08.360
<v Brian Owendoff>Meaningful oversight.

1624
03:01:09.066 --> 03:01:20.701
<v Brian Owendoff>But a categorical ban raises a critical question: will eliminating the tool Portland— make Portland safer, or will it force officers to rely on alternates that may carry their own risk of serious injury?

1625
03:01:21.279 --> 03:01:27.281
<v Brian Owendoff>A ban does not eliminate the need to respond when a crowd becomes violent, people are threatened, or public safety deteriorates.

1626
03:01:27.779 --> 03:01:36.834
<v Brian Owendoff>Depending upon the circumstances, officers may have to rely on more— on heavier issues like batons, impact physical confrontations or hands-on arrests.

1627
03:01:37.379 --> 03:01:39.099
<v Brian Owendoff>These alternatives also carry risk.

1628
03:01:39.806 --> 03:01:48.578
<v Brian Owendoff>Responsible policymaking requires comparing those risks honestly, not assuming that prohibiting one tool automatically makes every encounter safer.

1629
03:01:49.286 --> 03:01:52.595
<v Brian Owendoff>Second, council must respect Oregon's statutory framework.

1630
03:01:52.980 --> 03:02:00.194
<v Brian Owendoff>Before adopting a sweeping prohibition, you should obtain a rigorous legal analysis of the city's authority, the potential for litigation.

1631
03:02:00.772 --> 03:02:02.844
<v Brian Owendoff>And the practical consequences of the ordinance.

1632
03:02:03.325 --> 03:02:10.504
<v Brian Owendoff>Portland cannot afford another prolonged legal battle over a policy whose effectiveness has not been demonstrated.

1633
03:02:11.129 --> 03:02:14.629
<v Brian Owendoff>We should learn from the ongoing dispute over the restrictions on police face coverings.

1634
03:02:15.048 --> 03:02:20.057
<v Brian Owendoff>Passing an ordinance is not the same as ensuring it will be lawfully and effectively implemented.

1635
03:02:20.522 --> 03:02:25.725
<v Brian Owendoff>Third, target misconduct directly rather than confusing symbolic legislation with effective action.

1636
03:02:26.623 --> 03:02:33.737
<v Brian Owendoff>If federal officers violate constitutional rights, document the conduct, support appropriate litigation, and pursue enforceable remedies.

1637
03:02:34.171 --> 03:02:38.200
<v Brian Owendoff>If Portland officers misuse force, investigate, discipline, and hold them accountable.

1638
03:02:38.586 --> 03:02:43.307
<v Brian Owendoff>Protect peaceful protesters, journalists, residents, businesses, and officers alike.

1639
03:02:43.644 --> 03:02:47.145
<v Brian Owendoff>I urge the council to pursue a more responsible alternative.

1640
03:02:47.754 --> 03:02:51.238
<v Brian Owendoff>Require incident command authorization under narrowly defined circumstances.

1641
03:02:53.379 --> 03:03:14.020
<v Brian Owendoff>These are practical safeguards that strengthen accountability without automatically eliminating an authorized tool in every circumstance.

1642
03:03:14.520 --> 03:03:17.840
<v Brian Owendoff>Counselors, the test of leadership is not how many police officers It's you have on the ground, but how you use them.

1643
03:03:17.930 --> 03:03:19.420
<v Brian Owendoff>Not about what police tools you can prohibit.

1644
03:03:20.049 --> 03:03:27.440
<v Brian Owendoff>It's whether your policies actually protect the public, withstand legal scrutiny, and the work of the public safety is at stake.

1645
03:03:28.010 --> 03:03:38.350
<v Brian Owendoff>I urge you to reject a categorical ban unless its proponents can demonstrate that it's lawful, operationally sound, and safer than tightly controlled alternative.

1646
03:03:38.350 --> 03:03:41.489
<v Brian Owendoff>Portland deserves both civil liberties and public safety.

1647
03:03:41.489 --> 03:03:44.629
<v Brian Owendoff>We should never have to sacrifice one because our elected officials refuse to refuse listen to the facts.

1648
03:03:44.629 --> 03:03:44.670
<v Brian Owendoff>Thank you.

1649
03:03:44.899 --> 03:03:46.832
<v Brian Owendoff>To take the time to protect both.

1650
03:03:47.340 --> 03:03:47.977
<v Brian Owendoff>Thank you very much.

1651
03:03:50.719 --> 03:03:50.961
<v Unidentified speaker>Thank you.

1652
03:03:52.043 --> 03:04:04.426
<v Rebecca Dobert>Charlie Michelle-Wesley, Alex Stein, Kaleigh Roehl, Brenna Bell, Madison Moskowitz, Matthias Hallett.

1653
03:04:14.968 --> 03:04:15.715
<v Rebecca Dobert>You can go ahead, Charlie.

1654
03:04:16.131 --> 03:04:17.880
<v Charlie Michelle-Wesley>Okay, good morning.

1655
03:04:18.378 --> 03:04:21.763
<v Charlie Michelle-Wesley>Uh, I'm Charlie Michelle Wesley, Indigenous member of Copwatch.

1656
03:04:22.629 --> 03:04:25.341
<v Charlie Michelle-Wesley>Uh, the use of tear gas is a chemical weapon war crime.

1657
03:04:25.388 --> 03:04:26.272
<v Charlie Michelle-Wesley>I don't care what you say.

1658
03:04:26.736 --> 03:04:33.763
<v Charlie Michelle-Wesley>Article 33 of the Geneva Convention states no protected person may be punished for an offense he or she not personally committed.

1659
03:04:34.358 --> 03:04:44.144
<v Charlie Michelle-Wesley>Collective penalties and all measures of intimidation or terrorism are tear gas directed at crowds is collective punishment.

1660
03:04:44.529 --> 03:04:53.335
<v Charlie Michelle-Wesley>The tear gas definition in the presentation and the fact that tear gas is a war crime without a doubt is enough to ban tear gas on our communities.

1661
03:04:54.170 --> 03:05:06.328
<v Charlie Michelle-Wesley>PBB says tear gas is a tool for applying indiscriminate— please look that word up— force against large groups and explain their Special Emergency Reaction Team, SERT, uses tear gas for tactical purposes.

1662
03:05:07.108 --> 03:05:09.122
<v Charlie Michelle-Wesley>An average of 5.3 times per year.

1663
03:05:09.797 --> 03:05:13.555
<v Charlie Michelle-Wesley>They only provided 2 examples deploying tear gas into enclosed spaces.

1664
03:05:14.132 --> 03:05:18.290
<v Charlie Michelle-Wesley>Thankfully, the victims survived, which is not always the case.

1665
03:05:18.725 --> 03:05:31.425
<v Charlie Michelle-Wesley>When tear gas is deployed, it is linked to excessive pain, a range of severe and chronic health issues, including a high risk of lethal respiratory failure, a slow, agonizing gasping for oxygen, and death-rattle demise.

1666
03:05:31.489 --> 03:05:31.859
<v Charlie Michelle-Wesley>I'm sorry, I'm sorry.

1667
03:05:33.093 --> 03:05:35.851
<v Charlie Michelle-Wesley>Then other forms of PPP deadly force.

1668
03:05:36.299 --> 03:05:43.240
<v Charlie Michelle-Wesley>Earlier this year, Portland Police executed a warrant on Eric Scherer, a man who was suspected of suffering from mental illness.

1669
03:05:43.497 --> 03:05:54.879
<v Charlie Michelle-Wesley>The police enforced barricades outside his apartment, busted holes in his apartment walls to send in the drones, then evacuated the floor before flooding the apartment with tear gas.

1670
03:05:55.296 --> 03:05:57.988
<v Charlie Michelle-Wesley>When Scherer exited the apartment, the police shot him to death.

1671
03:05:58.170 --> 03:05:58.309
<v Charlie Michelle-Wesley>Death.

1672
03:05:58.984 --> 03:06:08.019
<v Charlie Michelle-Wesley>Tear gas as a tactic isn't as effective as PPB would like you to believe, mostly escalates situations, but they left that out of their presentation.

1673
03:06:08.291 --> 03:06:12.352
<v Charlie Michelle-Wesley>And the terms they use, happy and peaceful, are hardly applicable.

1674
03:06:13.570 --> 03:06:18.450
<v Charlie Michelle-Wesley>We dream of a world where excessive and indiscriminate force isn't commonplace.

1675
03:06:19.203 --> 03:06:33.990
<v Charlie Michelle-Wesley>And in closing, the testify— and testifying as a Northwest tribal member impacted by racism and state-sanctioned police violence, police's efforts to gain respectful legitimacy demanding lethal weapons isn't going to get you there.

1676
03:06:35.164 --> 03:06:54.503
<v Charlie Michelle-Wesley>Maybe joining us in the fight to uphold our efforts to sustain First Amendment civil and human rights and actually honor your official oath and ethics, to uphold the Bureau's values as outlined in your code of ethics, which requires officers to act courteously without fear of and safeguard the rights and lives of all individuals.

1677
03:06:55.162 --> 03:06:57.090
<v Charlie Michelle-Wesley>We are not domestic terrorists.

1678
03:06:57.572 --> 03:07:25.165
<v Charlie Michelle-Wesley>We are concerned community members fighting for systemic justice, community needs, and safety for all, which requires radical truth and efforts to eliminate the underlying systemic issues of racism, lack of accountability, and so-called reforms that simply justified militarized violence thank you.

1679
03:07:29.777 --> 03:07:30.653
<v Rebecca Dobert>Kaleigh's online.

1680
03:07:30.929 --> 03:07:32.308
<v Rebecca Dobert>You can unmute and go ahead, Kaleigh.

1681
03:07:37.079 --> 03:07:38.058
<v Kaleigh Roehl>Good morning, council members.

1682
03:07:38.236 --> 03:07:39.134
<v Kaleigh Roehl>My name is Kaleigh Roehl.

1683
03:07:39.575 --> 03:07:43.373
<v Kaleigh Roehl>I'm a tenant in District 4, a proud union nurse that works in District 3.

1684
03:07:43.476 --> 03:07:43.507
<v Dan Ryan>Councilmember Herbold.

1685
03:07:43.523 --> 03:07:43.593
<v Rebecca Dobert>Thank you, Councilmember Herbold.

1686
03:07:43.593 --> 03:07:50.440
<v Kaleigh Roehl>My name is Tiffany Koyama Lane, and I'm speaking today in my personal capacity as a very strong supporter of banning the deployment of tear gas in our city.

1687
03:07:50.659 --> 03:08:00.659
<v Kaleigh Roehl>As a healthcare professional, I believe our responsibility to protect the health, well-being, dignity, and safety of our community extends beyond the walls of a hospital or a care setting.

1688
03:08:01.100 --> 03:08:06.139
<v Kaleigh Roehl>It means preventing harm wherever possible and protecting our most vulnerable people.

1689
03:08:06.139 --> 03:08:13.639
<v Kaleigh Roehl>In fact, according to the American Nurses Association Code of Ethics, nurses have an ethical obligation to speak out against legislation, policies, and systemic structures that harm our patients and communities.

1690
03:08:16.037 --> 03:08:20.728
<v Kaleigh Roehl>And human flourishing and the common good.

1691
03:08:21.497 --> 03:08:31.996
<v Kaleigh Roehl>Earlier this year, I attended a Labor Against ICE rally along with members of over 30 other labor unions to speak out against the atrocities that are being committed by immigration enforcement.

1692
03:08:32.558 --> 03:08:38.408
<v Kaleigh Roehl>This was an incredible moment of solidarity for our city and highlighted the fact that all of our struggles are intertwined.

1693
03:08:39.193 --> 03:08:43.073
<v Kaleigh Roehl>As we marched together and demanded an end to ICE terror, federal agents unleashed tear gas on protesters.

1694
03:08:43.120 --> 03:08:43.281
<v Kaleigh Roehl>Order!

1695
03:08:44.729 --> 03:08:56.479
<v Kaleigh Roehl>This crowd included children, the elderly, people with chronic illnesses, and pets who all began tearing, coughing, and choking on the gas.

1696
03:08:57.149 --> 03:09:05.170
<v Kaleigh Roehl>What started as a day of unity ended as a brutal assault on peaceful protesters at a family-friendly rally that put everyone at risk.

1697
03:09:05.170 --> 03:09:08.209
<v Kaleigh Roehl>And these risks are not distributed equally.

1698
03:09:08.590 --> 03:09:11.250
<v Kaleigh Roehl>Children are still developing and have much smaller airways, and they are more susceptible to the effects of tear gas.

1699
03:09:11.250 --> 03:09:11.290
<v Kaleigh Roehl>Thank you.

1700
03:09:11.944 --> 03:09:17.887
<v Kaleigh Roehl>Older adults and people with asthma or COPD or other lung or heart diseases may be especially vulnerable.

1701
03:09:18.593 --> 03:09:27.605
<v Kaleigh Roehl>People with disabilities may have difficulty escaping a contaminated area, and pets and other animals are exposed to chemicals that they don't understand.

1702
03:09:28.296 --> 03:09:31.005
<v Kaleigh Roehl>It affects everyone and everything in its path.

1703
03:09:31.663 --> 03:09:40.916
<v Kaleigh Roehl>I was filled with anger and sadness that day, but was also so proud to see my union siblings rushing back into the gas to help people escape and provide needed aid to those that could not move.

1704
03:09:40.980 --> 03:09:41.125
<v Kaleigh Roehl>Thank you.

1705
03:09:41.386 --> 03:09:46.478
<v Kaleigh Roehl>Our community should not have to choose between exercising their rights or protecting their health.

1706
03:09:46.672 --> 03:09:48.163
<v Kaleigh Roehl>We should be able to do both.

1707
03:09:48.915 --> 03:09:57.748
<v Kaleigh Roehl>But when tear gas is launched into a crowd indiscriminately, it deters people from speaking out and demanding justice, which is probably one of the points, to be honest.

1708
03:09:58.533 --> 03:10:06.036
<v Kaleigh Roehl>Let's also not forget the elementary school across the street from the ICE facility that had to be completely relocated due to repeated use of tear gas on protesters.

1709
03:10:06.549 --> 03:10:12.977
<v Kaleigh Roehl>Despite the fact that school was not in session and kids were not present when the gas was deployed, it would blanket every surface in the surrounding area.

1710
03:10:13.190 --> 03:10:13.683
<v Kaleigh Roehl>Surrounding area.

1711
03:10:14.227 --> 03:10:21.184
<v Kaleigh Roehl>They should not have had to leave at all, and thankfully Councilor Green and his office were able to assist in their relocation.

1712
03:10:22.114 --> 03:10:25.272
<v Kaleigh Roehl>I'm asking you all to please ban the use of tear gas in our city.

1713
03:10:25.610 --> 03:10:29.009
<v Kaleigh Roehl>This is a matter of public health and protecting our First Amendment rights.

1714
03:10:29.457 --> 03:10:37.665
<v Kaleigh Roehl>The people of Portland should never have to accept chemical exposure as a price for solidarity, and chemical weapons have absolutely no place in Portland.

1715
03:10:37.969 --> 03:10:38.209
<v Kaleigh Roehl>Thank you.

1716
03:10:38.274 --> 03:10:38.418
<v Charlie Michelle-Wesley>Thank you.

1717
03:10:39.567 --> 03:10:39.735
<v Olivia Clark>Thank you.

1718
03:10:39.985 --> 03:10:41.115
<v Sameer Kanal>Go ahead, Brenna.

1719
03:10:43.719 --> 03:10:44.188
<v Rebecca Dobert>You're good to go.

1720
03:10:47.111 --> 03:10:56.255
<v Madison Moskowitz>Chair Kanal, uh, councilors, my name is Madison Moskowitz and I'm testifying on behalf of REACH Community Development, one of Portland's oldest and largest affordable housing nonprofits.

1721
03:10:56.385 --> 03:11:09.832
<v Madison Moskowitz>And if you're wondering why an affordable housing advocate is testifying today about tear gas, it's because REACH developed and operates Grace Landing, 209 affordable homes, and REACH's corporate 100 feet from the Portland ICE facility in South Waterfront.

1722
03:11:10.650 --> 03:11:18.561
<v Madison Moskowitz>Our residents and our staff have been repeatedly teargassed by federal agents over the last 18 months, and we filed a federal lawsuit to stop it.

1723
03:11:19.363 --> 03:11:30.100
<v Madison Moskowitz>I know City Council cannot address activity of federal agents, but it's really important that you all hear and understand what a blank check to use chemical weapons really means for Portlanders.

1724
03:11:30.853 --> 03:11:33.228
<v Madison Moskowitz>Between June 2025 and February 2026, Councilor Smith.

1725
03:11:33.895 --> 03:11:42.533
<v Madison Moskowitz>And even after we filed federal litigation, federal agents deployed tear gas and chemical munitions nearly 100 times outside Grays Landing.

1726
03:11:43.047 --> 03:11:48.790
<v Madison Moskowitz>Tear gas seeped into residents' homes, forcing parents to fit gas masks for their kids to sleep in.

1727
03:11:48.837 --> 03:11:49.304
<v Madison Moskowitz>Mm-hmm.

1728
03:11:49.769 --> 03:11:52.352
<v Madison Moskowitz>Families slept in bathrooms to minimize their exposure.

1729
03:11:52.816 --> 03:11:57.822
<v Madison Moskowitz>The charter school across the street closed, forcing kids at Grays Landing to commute or miss class.

1730
03:11:58.448 --> 03:11:59.795
<v Madison Moskowitz>Veterans suffered PTSD attacks.

1731
03:11:59.860 --> 03:12:11.558
<v Madison Moskowitz>Attacks, multiple residents have new permanent heart problems that their doctors testified in federal court under penalty of perjury were caused by prolonged exposure to tear gas.

1732
03:12:12.310 --> 03:12:18.769
<v Madison Moskowitz>One resident lost her job because tear gas exposure caused her to need a surgery requiring a 4-month recovery.

1733
03:12:19.505 --> 03:12:23.545
<v Madison Moskowitz>Asthma attacks became regular and more severe among residents and staff.

1734
03:12:24.329 --> 03:12:36.040
<v Madison Moskowitz>REACH, a nonprofit spent over $600,000 on hazmat-level decontamination, supplying air purifiers and air scrubbers, and cleaning out our building's HVAC system.

1735
03:12:36.504 --> 03:12:42.617
<v Madison Moskowitz>Our communal garden beds have fallowed for 2 summers because tomatoes do not grow when they have been tear-gassed.

1736
03:12:43.403 --> 03:12:47.879
<v Madison Moskowitz>Kids stopped playing in the courtyard because their parents kept finding chemical residue and pepper balls.

1737
03:12:48.697 --> 03:12:51.567
<v Madison Moskowitz>Residents and staff all know the feeling of spicy air that causes headaches and breathing difficulties.

1738
03:12:51.665 --> 03:12:51.888
<v Madison Moskowitz>Councilor Herbold.

1739
03:12:51.969 --> 03:12:55.929
<v Madison Moskowitz>Headaches, migraines, respiratory and gastrointestinal distress.

1740
03:12:56.809 --> 03:13:06.876
<v Madison Moskowitz>As our lawsuit in the Ninth Circuit continues, we learn there's little clinical research as to the health effects of exposure to tear gas because it is not ethical to test or study.

1741
03:13:07.613 --> 03:13:09.938
<v Madison Moskowitz>No one can say with certainty that tear gas is safe.

1742
03:13:10.354 --> 03:13:22.345
<v Madison Moskowitz>One medical report, actually a footnote in the report cited by PPB in their presentation, notes that, quote, health risks to the public have led to members of the scientific community to call for restraint in the use of these crowd control chemicals.

1743
03:13:23.100 --> 03:13:25.104
<v Madison Moskowitz>Portlanders are not enemy combatants.

1744
03:13:25.425 --> 03:13:27.382
<v Madison Moskowitz>Tear gas is not a neutral tool.

1745
03:13:27.832 --> 03:13:28.986
<v Madison Moskowitz>It is a chemical weapon.

1746
03:13:29.420 --> 03:13:33.334
<v Madison Moskowitz>It drifts into bedrooms, classrooms, gardens, lungs.

1747
03:13:33.751 --> 03:13:37.457
<v Madison Moskowitz>Graze landing is what happens when law enforcement has a blank check to gas us.

1748
03:13:37.953 --> 03:13:42.189
<v Madison Moskowitz>Our residents and staff will carry this exposure into the years and decades to come.

1749
03:13:43.135 --> 03:13:44.772
<v Madison Moskowitz>No one can tell us the true cost.

1750
03:13:45.236 --> 03:13:51.852
<v Madison Moskowitz>This time, the federal government is getting the bill, but where else in our city will Portlanders bear these costs, and who will pay?

1751
03:13:52.783 --> 03:13:53.105
<v Angelita Morillo>Thank you.

1752
03:13:53.829 --> 03:13:54.200
<v Sameer Kanal>Thank you.

1753
03:13:56.967 --> 03:13:58.018
<v Brenna Bell>My name is Brenna Bell.

1754
03:13:58.422 --> 03:14:04.843
<v Brenna Bell>I'm an environmental attorney, a parent, a District 4 resident, and testifying in support of banning tear gas in Portland.

1755
03:14:06.104 --> 03:14:12.272
<v Brenna Bell>In June 2020, I stood in front of the federal courthouse without a crowd or a cop in sight when the wind blew.

1756
03:14:13.314 --> 03:14:21.382
<v Brenna Bell>And my eyes teared and my throat closed, and I looked around to see the source, and I saw the leaves on a tree next to me fluttering.

1757
03:14:21.575 --> 03:14:23.370
<v Brenna Bell>I had been gassed by a tree.

1758
03:14:24.122 --> 03:14:28.850
<v Brenna Bell>Shortly after that, my son sat down on the ground in Chapman Square and was gassed by the ground.

1759
03:14:29.587 --> 03:14:34.442
<v Brenna Bell>There was so much residual poison in downtown Portland that our trees and our parks were poisoning us.

1760
03:14:35.341 --> 03:14:38.305
<v Brenna Bell>This was shortly after June 2nd, which was labeled tear gas Tuesday.

1761
03:14:38.352 --> 03:14:38.449
<v Brenna Bell>Thank you.

1762
03:14:38.629 --> 03:14:49.367
<v Brenna Bell>Tuesday, the day that the Portland Police blanketed downtown Portland with 50 times the amount of tear gas that federal regulators consider immediately dangerous to life and health.

1763
03:14:50.683 --> 03:15:03.415
<v Brenna Bell>This is a day that the Portland Police characterized the heroic actions of their officers and said that the police showed extreme restraint and only used tear gas to target specific individuals.

1764
03:15:04.556 --> 03:15:10.415
<v Brenna Bell>And yes, we know that 2020 was a special time, but it's far from the only time I've been gassed by the Portland police.

1765
03:15:11.698 --> 03:15:15.719
<v Brenna Bell>Over the years, I've witnessed and experienced many forms of police violence.

1766
03:15:16.344 --> 03:15:22.290
<v Brenna Bell>I've been hit by a horse, pushed, pulled, pepper sprayed, tear gassed, and sound bombed.

1767
03:15:23.316 --> 03:15:28.427
<v Brenna Bell>At no time was I violent, armed, or a threat to safety.

1768
03:15:29.742 --> 03:15:40.156
<v Brenna Bell>Typically, I was in a crowd that was indiscriminately exposed to the use of force because that That's who the Portland Police is, and that's what the Portland Police does.

1769
03:15:41.691 --> 03:15:43.691
<v Brenna Bell>Now they say this ban is not necessary.

1770
03:15:44.275 --> 03:15:48.323
<v Brenna Bell>They say that there are already enough limits, and they ask us just to trust them.

1771
03:15:49.496 --> 03:15:57.310
<v Brenna Bell>But what we've all seen is that the— if the Portland Police have a weapon in their arsenal, they will use it.

1772
03:15:58.638 --> 03:16:07.691
<v Brenna Bell>Their overwhelming and wanton use of force in crowd management has resulted in serious injury to Portland residents, and cost the city millions of dollars in payouts.

1773
03:16:08.494 --> 03:16:15.771
<v Brenna Bell>So instead of paying out after the damage occurs, why not take more steps to prevent it from happening?

1774
03:16:16.668 --> 03:16:22.039
<v Brenna Bell>And to address the environmental harm from the use of tear gas, why not just ban it?

1775
03:16:23.176 --> 03:16:30.278
<v Brenna Bell>Councilor Kanal's proposed policy is an opportunity for the City Council to show the people of Portland that their health and safety matters.

1776
03:16:30.325 --> 03:16:30.519
<v Brenna Bell>Thank you.

1777
03:16:31.695 --> 03:16:47.890
<v Brenna Bell>And I am sure that the Portland Police, who swear to protect and serve the Portland residents, can continue to find ways to fulfill this oath without the use of chemical warfare against these same residents.

1778
03:16:49.397 --> 03:16:52.141
<v Sameer Kanal>Hear, hear.

1779
03:16:52.726 --> 03:16:53.944
<v Rebecca Dobert>Matthias, you can go ahead online.

1780
03:16:56.902 --> 03:17:01.369
<v Matthias Hallett>Portland City Council should reject a citywide tear gas ban.

1781
03:17:01.641 --> 03:17:04.181
<v Matthias Hallett>It can't touch the federal agents who did this year's gassing.

1782
03:17:04.759 --> 03:17:08.872
<v Matthias Hallett>It barely affects Portland police at protests who stopped gassing crowds in 2020.

1783
03:17:09.514 --> 03:17:17.886
<v Matthias Hallett>What it would hit is CERT's ability to end armed standoffs without gunfire and the mutual aid the city was told to rebuild.

1784
03:17:18.576 --> 03:17:22.834
<v Matthias Hallett>Council should focus on the city's more pressing issues instead of wasting valuable time on this.

1785
03:17:22.956 --> 03:17:23.043
<v Matthias Hallett>Thank you.

1786
03:17:23.092 --> 03:17:24.022
<v Unidentified speaker>Thank you, Mr. Chairman.

1787
03:17:24.150 --> 03:17:25.771
<v Unidentified speaker>I have a question for the council on this matter.

1788
03:17:25.818 --> 03:17:28.225
<v Matthias Hallett>Nobody here denies that tear gas causes real harm.

1789
03:17:28.626 --> 03:17:31.449
<v Matthias Hallett>Grays Landing residents have taped their windows shut because of it.

1790
03:17:31.897 --> 03:17:40.254
<v Matthias Hallett>The question councilors should ask themselves is whether this rule actually protects people, survives in court, and works on the worst night of the year.

1791
03:17:40.656 --> 03:17:43.398
<v Matthias Hallett>If they're honest with themselves, this ban fails all 3.

1792
03:17:43.478 --> 03:17:54.636
<v Matthias Hallett>On October 14th, a unanimous 9th Circuit panel held in U.S. v. California that a state can't even require federal agents to display identification.

1793
03:17:54.764 --> 03:17:59.033
<v Matthias Hallett>If a state can't mandate a badge number, a city can't dictate their crowd control tools.

1794
03:17:59.906 --> 03:18:05.845
<v Matthias Hallett>Aimed at federal officers, this ban invites a Supremacy Clause fight the city is likely to lose.

1795
03:18:06.747 --> 03:18:10.586
<v Matthias Hallett>Aimed at PPD, they punish the one agency that already stopped using these.

1796
03:18:13.951 --> 03:18:23.550
<v Matthias Hallett>State law already bars rubber bullets remove gas, and what's left is mostly batons and hands-on arrests.

1797
03:18:24.208 --> 03:18:30.889
<v Matthias Hallett>No one has measured what officers would substitute, and council should not run that experiment on protesters and officers without sufficient data.

1798
03:18:32.075 --> 03:18:33.870
<v Matthias Hallett>Again, this would stall.

1799
03:18:34.078 --> 03:18:36.179
<v Matthias Hallett>This is a waste of valuable resources.

1800
03:18:36.643 --> 03:18:41.818
<v Matthias Hallett>Kanal's mask ordinance spent months stuck in dispute over police bargaining before passing 8-4 in council.

1801
03:18:42.977 --> 03:18:48.841
<v Matthias Hallett>Seattle's 2020 tear gas ban also was blocked within weeks by a federal judge overseeing its consent decree.

1802
03:18:49.386 --> 03:18:51.132
<v Matthias Hallett>A narrower law came more than a year later.

1803
03:18:51.468 --> 03:18:54.644
<v Matthias Hallett>Portland is still under its own DOJ settlement agreement.

1804
03:18:55.092 --> 03:18:57.593
<v Matthias Hallett>Expect a vote, a headline, and a long wait.

1805
03:18:58.426 --> 03:19:07.996
<v Matthias Hallett>A ban would leave federal gassing untouched, codify what PBPD already does, take a less-than-lethal tool away from CERT, and undoubtedly will stall enforcement.

1806
03:19:08.060 --> 03:19:08.269
<v Matthias Hallett>Thank you.

1807
03:19:08.575 --> 03:19:08.631
<v Matthias Hallett>Court.

1808
03:19:09.179 --> 03:19:20.149
<v Matthias Hallett>I urge the committee to reject this, get written analysis from the city attorney and partner agencies, and direct staff to draft limits that will actually work and survive a legal challenge.

1809
03:19:24.536 --> 03:19:24.841
<v Sameer Kanal>Thank you.

1810
03:19:25.435 --> 03:19:27.558
<v Sameer Kanal>So we're— colleagues, we're at 12:44.

1811
03:19:27.914 --> 03:19:33.509
<v Sameer Kanal>I did mention that, that staff had allowed us to go through to, um, 12:45.

1812
03:19:33.573 --> 03:19:34.588
<v Sameer Kanal>I apologize for that going over.

1813
03:19:34.786 --> 03:19:34.881
<v Sameer Kanal>Over.

1814
03:19:35.426 --> 03:19:41.468
<v Sameer Kanal>I will ask if, with everyone's grace, if I can continue this as well over to the next time we do it.

1815
03:19:41.531 --> 03:19:43.743
<v Sameer Kanal>I apologize to folks who have not had a chance yet.

1816
03:19:44.255 --> 03:19:45.138
<v Sameer Kanal>We will retain the queue.

1817
03:19:45.218 --> 03:19:47.814
<v Sameer Kanal>I know, um, that that'll be in the same order as well.

1818
03:19:47.861 --> 03:19:50.200
<v Sameer Kanal>And I do apologize for folks that are here.

1819
03:19:50.425 --> 03:19:51.387
<v Sameer Kanal>That's on, on us.

1820
03:19:51.691 --> 03:19:54.368
<v Sameer Kanal>Um, so that'll conclude today's agenda.

1821
03:19:54.415 --> 03:20:09.209
<v Sameer Kanal>I did want to take a second to recognize, um, since Western Europe was mentioned, the death of Christophe M. in Paris, who, uh, was killed— a 59-year-old man, um, after inhaling chemical agents, uh, on October, uh, 19th.

1822
03:20:10.034 --> 03:20:15.337
<v Sameer Kanal>Uh, with that, this meeting of the Committee of the Whole is adjourned, and we're back, uh, at 2 o'clock today for City Council.

1823
03:20:19.050 --> 03:20:20.530
<v Unidentified speaker>Thank you.

