Helped at the 11th hour by Commissioner Randy Leonard, Mayor Sam Adams tonight released his updated proposal for how Portland should re-engage with the FBI's Joint Terrorism Task Force, delivering a compromise resolution that achieves his primary goal—safeguarding Portlanders' civil liberties—while also managing to win the support of the U.S. Attorney's Office and the American Civil Liberties Union.
We'll have a story about the proposal in this week's paper. But to get started, here's a version of the new resolution that shows all the changes made to the resolution the mayor included in the packet for tomorrow's city council agenda.
The new resolution also was crafted in close consultation with Nick Fish, who vocally opposed Adams' first attempt after U.S. Attorney Dwight Holton said it was "unworkable." It clarifies for the first time that the city isn't entering into a new "memorandum of understanding" with the FBI—the document that had bound Portland to the JTTF full-time before the city's withdrawal from full-time participation in 2005.
It also dispatches with language from Adams' first draft that would have limited Portland cops only to "full investigations," an attempt to use the FBI's own language to keep our cops from running afoul of Oregon's stricter protections against racial, religious, and political profiling when there isn't a "reasonable suspicion" of wrongdoing. Instead, it says this:
“PPB officers shall work with the JTTF only on investigations of suspected terrorism that have a criminal nexus; in situations where the statutory or common law of Oregon is more restrictive of law enforcement than comparable federal law, the investigative methods employed by PPB officers working on JTTF investigations shall conform to the requirements of such Oregon statutes or common law.”
Update 7:10 PM: U.S. Attorney Dwight Holton just emailed me his comments on the resolution.
"Portland is poised to take its rightful place as a national leader on both civil rights and preventing and investigating terrorism. The draft resolution gives the chief the authority to get local officers with local sensibilities in daily briefings and on terrorism cases—at all stages of investigations, including early on before a case take shape, when local insight can be especially critical."
The full release by the mayor's office is after the jump.
Today, Mayor Sam Adams is releasing a final draft JTTF resolution, in advance of the Thursday, April 28 Portland City Council hearing—scheduled for 2 pm in Council Chambers.
In the week since Mayor Adams released a draft resolution for public comment, Commissioner Randy Leonard has taken the lead on working with stakeholders to refine language in the resolution that specifies how Portland Police officers can work with the JTTF.
The revised proposal seeks to balance the three goals set out at the beginning of the JTTF process: Effectively prevent and investigate criminal acts of terrorism, protect individuals’ rights under United States and Oregon law, and keep Portland an open and inclusive community.
“The city will be well served by this agreement,” Mayor Sam Adams said. “I want to thank Commissioner Leonard for taking on the challenge of refining the language in the draft resolution.”
The final draft resolution specifies that “PPB officers shall work with the JTTF only on investigations of suspected terrorism that have a criminal nexus; in situations where the statutory or common law of Oregon is more restrictive of law enforcement than comparable federal law, the investigative methods employed by PPB officers working on JTTF investigations shall conform to the requirements of such Oregon statutes or common law.”
The final draft resolution also includes a new clause that states: “the City of Portland and FBI have decided not to enter into a Memorandum of Understanding for the JTTF, but the City will be cooperating with the JTTF according to the terms of this Resolution.”
The draft SOP Exhibit A is removed from the final draft resolution. The final draft resolution calls on the Portland Police Bureau to adopt “publicly available administrative polices and procedures consistent with this Resolution.”