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Statewide Commission Updates Rules,
Plays Loose With Public Meetings Law

The Commission on Statewide Law Enforcement Standards of Conduct and Discipline (LESC) met three times in late summer/early fall, once in August and twice in November, breaking a seven month streak of holding no meetings. After publishing their Report to the House Committee on Judiciary in September, the Commission has been focused on updating their rules and Narrative Guide regarding state discipline rules. Changes were made necessary by the Oregon legislature passing SB 808 (PPR #90), which, among other things, fixed the weak definitions of law enforcement officer and agency that the LESC had been using by adding corrections officers, parole and probation officers and reserve officers, and their agencies, to the list of those covered by the rules. This is a welcome improvement that closes a loophole in the LESC's rules.

After giving just seven hours notice of a meeting on October 24 and hearing from the public that they were disregarding the Attorney General's Public Meeting Rules, the Commission postponed the meeting until November 7 when they discussed the wording of the rule changes. They did not have quorum for their November 16 meeting, but began discussing the idea of adding new categories of rules for Unjustified or Excessive Use of Physical or Deadly Force when the force does not result in death or serious physical injury. It was noted that former OSP Superintendent Travis Hampton made a public comment before the LESC adopted their initial rules that it should not matter whether or not there is injury if an officer uses unjustified deadly force. Hopefully the LESC will adopt this recommendation when they next update the rules.

In November, they informed the public of four vacancies on the LESC. By early December, they had not posted a job listing for the Executive Director job, which became vacant when Fred Boss retired in August. There are also openings for a Chief Law Enforcement Officer due to the retirement of Keizer Police Chief John Teague, a member to represent prosecutors due to Michael Wu leaving his job, and a member of the House of Representatives to replace Ron Noble.

Despite the Commission lacking a second designated Chief Law Enforcement Officer, there are still two of them in place as Chief Timothy Addleman serves as the member who represents a federally recognized Indian tribe or association of tribes within the state.

The LESC met without quorum again on December 14 to continue discussion of broadening the rules to cover unjustified or excessive force. They held a Notice of Proposed Rulemaking (NPRM) hearing on December 18 without any way for people to attend remotely, which is not consistent with the way their regular meetings have been held.

January, 2024
Also in PPR #91

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