Below is a letter dated Sept. 29 which Mayor Katz sent to the ACLU
in response to 18 questions posed in early August. (see community letter)

It dodges several important questions, such as,
if Portland police are found to have illegally gathered information and given it to the FBI,
how can it be retrieved/destroyed, and
did the PPB participate in the Brandon Mayfield investigation?
For instance.

All punctuation and grammar are as-is from the original letter.

Office of Mayor Vera Katz
City of Portland

September 29, 2004

Andrea Meyer
ACLU of Oregon
PO Box 40585
Portland, OR 97240

Dear Ms. Meyer:

The following information is provided in response to your inquiry regarding the City of Portland's role in the Joint Terrorism Task Force (JTTF).

1. Status of PJTTF. There are seven (7) sworn personnel assigned to the Police Bureau's Criminal Intelligence Unit (CIU). Two of these officers are assigned full-time to work with the PJTTF. These two officers can be re-deployed to assist with local criminal investigations on an as needed basis. The two CIU officers assigned to the PJTTF are the only personnel who are currently deputized by the U.S. Department of Justice to investigate and enforce Federal Laws related to criminal acts of terrorism.

2. Role of the Mayor. I have applied for and been granted a "Secret" level security clearance. My oversight responsibilities involve monitoring the work of city of Portland personnel both directly, through personal observations and participation in meetings and briefings and, indirectly, through the Police Bureau's chain-of-command. The purpose of my oversight, as well as that of the Police Bureau's command and supervisory personnel, is to ensure that the activities of our personnel do not conflict with City policy and ORS 181.575. It is not appropriate for me to be any more specific with regard to the types of files and investigations to which I will have access.

3. Oversight. Congress has granted the Department of Justice the authority to deputize state and local law enforcement personnel to investigate and enforce specific and designated provisions of federal criminal laws as they relate to their local jurisdictions. It is a misnomer to refer to Federally deputized personnel as "FBI agents". Indeed, the MOU between the FBI and the Police Bureau refers to these personnel as "Special Federal Officers". Anyone within the chain-of-command of the Portland officers assigned to the PJTTF has not only the authority but also the responsibility to ensure that Portland officers do not violate City policy or ORS 181.575. It is not appropriate for me to discuss any aspects of specific investigations, on-going or otherwise.

4. Files. There is a clear distinction between CIU files and those of the JTTF. Any information collected by CIU personnel in relation to a local criminal investigation is considered to be the property of the Portland Police Bureau and subject to compliance with ORS 181.575. These files are reviewed by both the City Attorney's and Independent Police Review. All files created within the context of a JTTF investigation are considered to be property of the U.S. Department of Justice. As such, the collection, maintenance, retention, and destruction of these files are governed by federal rules and regulations. The role played by Portland officers in developing JTTF documents and files is subject to scrutiny for compliance with City policy and ORS 181.575 as described in section #3 above.

I hope this information addresses the issues you raised in our last meeting and your letter dated August 18, 2004. I will have Charlie Makinney notify you as soon as we have a date certain for the City Council's JTTF renewal hearing.

With warm regards,

Vera Katz
Mayor

CC: Chief Derrick Foxworth