HHS and Public Safety Committee — Portland, ME
Date: 2025-10-14
Time: 17:30

Remote HHS and Public Safety MEMBERS
Meeting Agenda Councilor Anna Bullett, District 4, Chair
 Councilor April Fournier, At-Large
October 14, 2025 at 5:30 PM
 Councilor Sarah Michniewicz, District 1
Remote Meeting Councilor Wesley Pelletier, District 2



There will be opportunity for Public Comment on Agenda Item #3 - Resolution 2-25/26 Next Steps, Agenda
Item #6 -Discussion on Use of Drones, and Agenda Item #7 - Police Citizen Review Board Discussion.To
submit written public comment on an agenda item, email HHSPS@portlandmaine.gov. Submissions must be
received by 12:00 pm the day before the Health & Human Services and Public Safety meeting to guarantee their
inclusion in the agenda packet. All submissions must include the commenter's name and legal address. To help
ensure your comment is submitted for the correct item, please include the name of the agenda item (see below).

The Health & Human Services and Public Safety Committee will conduct this meeting remotely via Zoom
pursuant to the Remote Meeting Policy adopted by the Portland City Council. Allow your computer to install
the free Zoom app to get the best meeting experience. If you are not able to attend live either in person or via
Zoom, a recording will be available in the Agenda Center following the meeting.

You are invited to a Zoom webinar!
When: Oct 14, 2025 05:30 PM Eastern Time (US and Canada)
Topic: Remote HHS and Public Safety Meeting

Join from PC, Mac, iPad, or Android:
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Webinar ID: 815 2146 3591
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International numbers available: https://portlandmaine-gov.zoom.us/u/kd44c2k1Ck




1. Announcements


2. Review and Approval of Minutes from September 9, 2025


 a. Draft Minutes.
3. Resolution 2-25/26 Next Steps (Councilor Anna Bullett, Chair)
 Committee to consider Resolution Condemning Nontransparent Federal Immigration
 Enforcement Tactics, Reaffirming Commitment to Constitutional and Community Safety
 Principles, and Directing Further Review of Proactive Local Response Measures, as
 presented at Council meeting on September 15, 2025. Public comment will be taken.
 a. Resolution
4. Syringe Services Program Update (Bridget Rauscher, Public Health Director)
 Staff will provide an update on the outcomes of the syringe redemption program, first
 implemented in January 2025.
 a. Memo
 Opioid Settlement Funds Update (Maggie McLoughlin, Health & Human Services
5.
 Director)
 Staff will provide an update on OSF programming, and seek Committee guidance on next
 steps (no Council action expected).
 a. Memo
6. Discussion on Use of Drones (Mark Dubois, Police Chief)
 Committee to consider recommending the City Council approve the Police Department's
 use of Unmaned Aerial Systems ("Drones"). Public comment will be taken.
 a. Memo
7. Police Citizen Review Board Discussion (Rachel Millette, Associate Corporation Counsel)
 Committee to consider next steps related to Police Citizen Review Board ordinance. Public
 comment will be taken.
 a. Memo
8. Next Meeting: November 13, 2025

Remote HHS and Public Safety MEMBERS
Meeting Agenda Councilor Anna Bullett, District 4, Chair
 Councilor April Fournier, At-Large
October 14, 2025 at 5:30 PM
 Councilor Sarah Michniewicz, District 1
Remote Meeting Councilor Wesley Pelletier, District 2



There will be opportunity for Public Comment on Agenda Item #3 - Resolution 2-25/26 Next Steps, Agenda
Item #6 -Discussion on Use of Drones, and Agenda Item #7 - Police Citizen Review Board Discussion.To
submit written public comment on an agenda item, email HHSPS@portlandmaine.gov. Submissions must be
received by 12:00 pm the day before the Health & Human Services and Public Safety meeting to guarantee their
inclusion in the agenda packet. All submissions must include the commenter's name and legal address. To help
ensure your comment is submitted for the correct item, please include the name of the agenda item (see below).

The Health & Human Services and Public Safety Committee will conduct this meeting remotely via Zoom
pursuant to the Remote Meeting Policy adopted by the Portland City Council. Allow your computer to install
the free Zoom app to get the best meeting experience. If you are not able to attend live either in person or via
Zoom, a recording will be available in the Agenda Center following the meeting.

You are invited to a Zoom webinar!
When: Oct 14, 2025 05:30 PM Eastern Time (US and Canada)
Topic: Remote HHS and Public Safety Meeting

Join from PC, Mac, iPad, or Android:
https://portlandmaine-gov.zoom.us/j/81521463591?pwd=YDYgHAQtbkC3Y2fkDkfIDHcqZeQTGW.1
Passcode:054948

Phone one-tap:
+13126266799,,81521463591#,,,,*054948# US (Chicago)
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Join via audio:
+1 312 626 6799 US (Chicago)
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 Page 1
+1 360 209 5623 US
Webinar ID: 815 2146 3591
Passcode: 054948
International numbers available: https://portlandmaine-gov.zoom.us/u/kd44c2k1Ck




1. Announcements


2. Review and Approval of Minutes from September 9, 2025


 a. Draft Minutes.
3. Resolution 2-25/26 Next Steps (Councilor Anna Bullett, Chair)
 Committee to consider Resolution Condemning Nontransparent Federal Immigration
 Enforcement Tactics, Reaffirming Commitment to Constitutional and Community Safety
 Principles, and Directing Further Review of Proactive Local Response Measures, as
 presented at Council meeting on September 15, 2025. Public comment will be taken.
 a. Resolution
4. Syringe Services Program Update (Bridget Rauscher, Public Health Director)
 Staff will provide an update on the outcomes of the syringe redemption program, first
 implemented in January 2025.
 a. Memo
 Opioid Settlement Funds Update (Maggie McLoughlin, Health & Human Services
5.
 Director)
 Staff will provide an update on OSF programming, and seek Committee guidance on next
 steps (no Council action expected).
 a. Memo
6. Discussion on Use of Drones (Mark Dubois, Police Chief)
 Committee to consider recommending the City Council approve the Police Department's
 use of Unmaned Aerial Systems ("Drones"). Public comment will be taken.
 a. Memo
7. Police Citizen Review Board Discussion (Rachel Millette, Associate Corporation Counsel)
 Committee to consider next steps related to Police Citizen Review Board ordinance. Public
 comment will be taken.
 a. Memo
8. Next Meeting: November 13, 2025




 Page 2
Page 3
 Health & Human Services and Public Safety Committee

 September 9, 2025, 5:30 PM Remote Meeting

Committee Attendance:
Anna Bullett, Chair (District 4), Sarah Michniewicz (District 1), Wesley Pelletier (District 2).
Councilor Attendance:


City Staff:
Adam Harr, Executive Assistant; Greg Jordan, Assistant City Manager; Chad Johnston, Fire
Chief; Jason King, Police Major; Caity Hager, Emergency Management Coordinator. Linda
Weare, Director of Elder Services; Keith Gautreau, Contract Employee; Nicole Albert, Associate
Corporation Counsel.

1. Announcements
 • None.
2. Review and Approval of Minutes from May 13, 2025
 • Councilor Pelletier Moved to approve the minutes and seconded by Councilor Michniewicz. The
 minutes were approved unanimously 3-0.

3.Drones
 • There is extensive back up material.
 • How will the police department prevent surveillance of daily life from inadvertent filming?
 o Assumption that drones would take off from the Police Department was incorrect;
 drones are carried or driven to the location of a specific law enforcement action.
 o They do not passively record; police must activate recording.
 o There are statutes governing investigation records which anything recorded would be.
 ▪ If the release would be an unwarranted invasion of privacy, they would be
 protected.
 o Ownership
 ▪ The City would be the sole owner of our footage, not Axon.
 ▪ It is only accessible by Axon
 o Storage capacity
 ▪ The data storage demand is so great that it simply impractical to record more
 than the discrete law enforcement action.
 • Uses
 o Search and rescue
 o Barricades subjects
 o Active Assailant
 o Accident reconstruction.
 o Crime scene reconstruction
Public comment opened at 5:57PM and closed at 5:58 PM without pubic testimony.




 Page 4
Committee questions and comments.

 •  Councilor Fournier appreciates the backup materials and FAQs which address privacy concerns
 and explain the uses which will increase efficiency and add resources.
 • Councilor Pelletier is concerned about drones being used on public assembly.
 o Statute dictates that law enforcement cannot use drones on private citizens peacefully
 exercising their rights of free assembly.
 ▪ It is hard to delineate when peaceful protests stop being peaceful.
 ▪ Can we positively affirm the use cases?
 ▪ Violations would be investigated by Internal Affairs and violators would go
 before the Board of Trustees of the Maine Criminal Justice Academy.
 • Councilor Michniewicz
 o Asked what the storage of data looks like?
 ▪ Evidence.com account store our sensitive data from body cams currently and our
 data would be stored there.
 ▪ At the recommendation of the manufacturer, we are at medium resolution to limit
 file size.
 ▪ Safety does not need to be recorded and reconstruction may not need to be
 recorded either.
 • Councilor Bullet
 o Thanked the Major and Nicole for checking the Axom agreement on data ownership.
 o She asked about the ongoing costs and if additional funding would be needed.
 o Asset forfeiture has some funds and it will be looped in to their other Axom contract
 costs.
Committee Action
 • Councilor moved to recommend the Drone program be passed at the full Council and Councilor
 M seconded and the motion was approved unanimously 4-0.

4. Emergency Operation Plan (EOP)
 • The EOP is still in draft form.
 • The EOP aligns the City with FEMA standards and makes sure it is compliant with our own
 ordinance and state statute.
 • Seeking committee feedback with a committee and City Council approval sought at upcoming
 meetings.
 • EOP purpose is to provide a unified framework to respond to emergencies.
 • Risk assessment
 o Identifying hazards most likely to affect Portland.
 o (THIRA)
 o CaRAT
 • Roles
 o City Leadership
 ▪ Policy, declarations, and resource allocation.
 o Office of Emergency Management
 ▪ EOP maintenance & Stewardship




 Page 5
 ▪ EOC activation/coordination
 ▪ Training
 o Departments
 ▪ Utilize the plan.
 o Outside agencies and partners
 ▪ Cumberland County, EMA, MEMA/FEMA, utilities, healthcare, schools, NGOs
 and Private sector.
• Preparedness Priorities & Next Steps
 ▪ 2023 shooting shut down busiest intersection in Maine for 5 hours waiting for the
 State’s drone for reconstruction.
• Chapter 2 article changes
 o Changed title from Emergency Preparedness to Emergency Management
 o City manager emergency declaration takes one additional councilor.
 o Section 409.
 ▪ Recommends review and update every three years.
• Community engagement
 o Open ended plan that will solicit and incorporate public feedback.
 ▪ Transparent and inclusive planning process.
 o New engagement page on the City website.
 ▪ https://portland.civilspace.io/en/projects/emergency-planning
 ▪ Idea board
 o September 18th Age Friendly Summit: Emergency Preparedness for Older Adults
 ▪ Thursday, September 18, 2025 from 10:00 AM to 2:00 PM
 ▪ Located at 1342 Congress Street (Jewish Community Alliance)
 ▪ Free - lunch included
 ▪ Registration:
 • Online Form:
 https://docs.google.com/forms/d/e/1FAIpQLScKLjPpaX97M4R0dxOG
 mr_-A7qcWlz2eUaRtG1YpdkO4eQRug/viewform
 • Physical Form: Print form by visiting: chrome-
 extension://efaidnbmnnnibpcajpcglclefindmkaj/https://content.civicplus.c
 om/api/assets/e6e5d1e9-1198-4585-a114-8f2fbd3798ae
 ▪ Questions? Email: AgeFriendlyCommunity@PortlandMaine.Gov or call 207-
 541-6620
 o Many changes are just terminology.
 o Suggests removing 403 requiring City Council reviewing emergency management
 organization as it contradicts 403.A.
 o 404 Designates the Fire Chief as the Director Emergency Management as the City
 Manager cannot be.
 o 406 clarifies when declaring an emergency the City Manager must consult with one or
 more City Council Members when the Mayor is not available.
 o 407 maximum number of days from 5 to 10 for emergency declarations for needing a
 council extension.
 o Review every three years.




 Page 6
 o City Manager has authority to make administrative changes to EOP such as annexes or
 lists of partners.

 Committee Questions and Discussion
 o Councilor Michniewicz asked if neither the Police Chief or Fire Chief are available,
 who becomes the director?
 o The department designee who normally leads when either Chief is
 unavailable.
 ▪ If neither is available it would eb their designee when they are out of
 town.
 o Language will be reviewed to establish a clear line of succession when neither
 chief is available.
 o Chair Bullett
 o This is for us to make policy as such that operations play out as best as it can.
 o Councilor Fournier is excited for public engagement.
 o She asked if staff is working with Communications Director Grondin and if there
 will be social media promotion?
 ▪ Yes.
 ▪ Age Friendly Portland Summit is well advertised.
 o What are going to go for extreme cold and hot weather?
 o When look at ordinance it is framework to respond and have these plans in place.
 ▪ Don’t want to give too much direction as policy makers with details too in
 the weeds on the operations side.
 o Councilor Pelletier asked if there are any components of the plan that staff think is
 particularly well crafted, improving on the current plan.
 o The plan is concise and interactive, reducing the plan from 300 pages to 95 pages.
 ▪ Easier to find things.
 o Section 3 defines which each department’s roles are in an emergency.
 o This will return in October for public comment recommendation to the full council.

Public Safety Update: Fire
 o Calls for service is closely tracking just under last year’s.
 o Downtown has slightly more calls than normal.
 o Ambulance transport:
 o Grant ambulance
 o Non-linear response levels for EMS Calls for Service
 o Hot (multiple) to Cold (Single)
 o Capability (BLS to ALS)
 o ECHO conditions require very early recognition and immediate dispatch if the nearest
 trained crew.
 o Omega conditions approved low acuity and qualify for non-EMS referrals.
Committee Questions
 • Councilor Fourier had to leave the meeting before committee questions and discussion.




 Page 7
 • Councilor Bullett asked what is counted as travel time

Chair Bullett entertained a motion to adjourn: moved by Councilor Michniewicz and seconded by
Councilor Pelletier. The motion passed 3-0 with Fournier absent. The meeting adjourned at approximately
6:52 PM.




 Page 8
MARK DION (MAYOR) SARAH MICHNIEWICZ (1)
PIOUS ALI (A/L) CITY OF PORTLAND WESLEY PELLETIER (2)
APRIL D. FOURNIER (A/L) IN THE CITY COUNCIL REGINA L. PHILLIPS (3)
BENJAMIN GRANT (A/L) ANNA BULLETT (4)
 KATE SYKES (5)




 RESOLUTION CONDEMNING NONTRANSPARENT FEDERAL IMMIGRATION
 ENFORCEMENT TACTICS, REAFFIRMING COMMITMENT TO
 CONSTITUTIONAL AND COMMUNITY SAFETY PRINCIPLES, AND DIRECTING
 FURTHER REVIEW OF PROACTIVE LOCAL RESPONSE MEASURES


 WHEREAS, the City of Portland is home to a vibrant immigrant community, including many
 mixed-status families who contribute to the cultural, economic, and social fabric
 of the city; and many of their children attend the Portland Public Schools; and

 WHEREAS, according to the U.S. Census Bureau, a significant percentage of Portland’s
 population identifies as foreign-born residents and first-generation Americans,
 making Portland one of the most immigrant-rich communities in Maine and New
 England; and

 WHEREAS, recent federal immigration enforcement activity in the region, particularly by
 agencies such as U.S. Immigration and Customs Enforcement (ICE), Homeland
 Security Investigations (HSI), Border Patrol, and other Homeland Security
 operatives and their subcontractors, has increasingly involved the use of
 unmarked vehicles, masked agents, tactical gear, and personnel without visible
 identification or federal markings; and

 WHEREAS, such tactics have been documented across the country and within New England,
 creating confusion and fear among residents, undermining public trust, and raising
 serious concerns about whether those carrying out enforcement actions are
 legitimate federal agents or individuals posing as law enforcement; and

 WHEREAS, reports and video evidence show that U.S. citizens and immigrants with lawful
 status have been detained, questioned, or targeted, exacerbating distrust and
 creating public safety risks; and

 WHEREAS, these enforcement methods create confusion and fear, especially in the absence of
 clear agency identification, increasing the likelihood of miscommunication,
 mistrust, civil unrest, and community trauma; and

 WHEREAS, the City of Portland is committed to the rule of law, civil rights, and the safety and
 dignity of all its residents, regardless of immigration status; and




 Page 9
WHEREAS, the City Council believes that upholding community trust requires clear,
 transparent, and accountable practices by all law enforcement agencies operating
 in Portland; and

NOW, THEREFORE, BET IT RESOLVED, that Mayor Dion and members of the Portland
 City Council hereby strongly condemn the use of unmarked vehicles, masked
 agents, and unidentifiable personnel in immigration enforcement activities within
 the city–especially in or around churches, schools, and other public institutions,
 recognizing such tactics as harmful to public trust, community safety, and
 constitutional protections; and

BE IT FURTHER RESOLVED, that the City Council calls upon the U.S. Department of
 Homeland Security, other federal agencies and their sub agencies to implement
 clear, uniform identification standards for all field agents, including marked
 vehicles, visible agency badges, and advance notice protocols when operating in
 or near local jurisdictions; and

BE IT FURTHER RESOLVED, that the City Council hereby refers this matter to the Health
 and Human Services and Public Safety Committee to consider policies and/or
 agreements that seek to prioritize transparency and public safety in immigration
 enforcement and uphold and protect the civil rights of our community members.
 Review of such policies and/or agreements should include, but not be limited to,
 monitoring, verifying, and documenting immigration enforcement activities
 conducted in the City, collaboration and resource sharing with Portland Public
 Schools and community organizations who are working directly with impacted
 families, and any additional strategies that seek to address the miscommunication,
 mistrust, civil unrest and community trauma caused by the lack of transparency in
 immigration enforcement.




 Page 10
City of Portland | Health and Human Services
Maggie McLoughlin, Director

To: Health and Human Services & Public Safety Committee
Councilor Anna Bullett, Chair

From: Bridget Rauscher, Director of Public Health
Date: October 2, 2025
Re: Progress on Syringe Services Program Evaluation




MEETING DATE
October 14, 2025

AGENDA ITEM
Agenda Item #4 - Syringe Services Program Update

PURPOSE
To update the Health and Human Services and Public Safety (HHS & PS) Committee on progress
made by Health and Human Services (HHS) and other Departments on addressing syringe litter in
the City of Portland and provide an update on the operations of the Portland Syringe Services
Program (the Exchange).

COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT
The HHS & PS Committee 2025 workplan includes the topic of “addressing the opioid epidemic”
as its top priority for the year.

BACKGROUND/ANALYSIS
An increase in syringe litter led to a syringe services operational improvement plan implemented
in fall, 2024. This plan aimed to decrease the number of improperly discarded syringes, improve
the efforts to collect data and the quality of data to improve the accuracy of our information, and
respond to community concerns regarding safety. An update on progress was provided at the HHS
& PS Committee meeting in March 2025.

This memo serves as the third update on the implementation of the Syringe Services Program
(SSP) operational improvement plan. We have seen significant progress in each of the objectives.
The salient benchmarks achieved as of the publication of this memo are summarized below:




 1

 Page 11
 2024/2025 SYRINGE SERVICES PROGRAM YTD COMPARISON REPORT


 Jan 1 -Sept 30, 2024 Jan 1 -Sept 30, 2025
Unique clients served 1,557 1,718
Total clients enrolled 4,705 4,879
Total syringe exchanges 7,078 6,609
# Syringes distributed 700,890 825,398
# Syringes collected 463,582 677,925
Collection Rate (%) 66% 82%




 SSP Operational Improvement Plan

Objective 1 Decrease the number of improperly discarded syringes
Strategy 1 Strengthen client education about proper syringe disposal and incentivize
 clients to return their used syringes
1.1 Progress: Completed/Ongoing
 ● Implemented SSP client education aimed at increasing safe syringe disposal
 ● Implemented a syringe redemption pilot project modeled after successful programs
 in Boston and New York City, approved by Portland City Council - detailed later in
 this memo
 ● Launched Harm Reduction Ambassador Program
 ● Improved ratio of safely returned/disposed syringes
Strategy 2 Develop a multi-pronged approach to syringe pick-up operations
1.2 Progress: Completed/Ongoing
 ● Increased syringe clean-up by Public Health staff from 5-7 to approximately 12
 hours/week. In addition to building in an extra hour each weekday, staff are also
 increasing syringe cleanup during scheduled harm reduction outreach and other
 community-based work. Staff give additional attention to areas indicated by GIS
 mapping of improperly disposed syringes.
 ● Harm reduction ambassadors provide additional cleanup efforts 3-5 hours/week, as
 available
 ● The Public Works Department has increased the number of staff trained to properly
 collect and dispose of syringes.
 ● Added seven new community sharps containers, with four additional containers
 planned, in locations identified both as areas of need and within previously planned
 vault bathrooms, and replaced three community sharps containers in disrepair
 ● Distributed 2,937 sharps containers to clients from March 5, 2025 - September 30,
 2025
Strategy 3 Hold community conversations with Harm Reduction Program clients
1.3 Progress: Completed




 2

 Page 12
 ● Held 3 focus groups with 27 SSP unique clients regarding barriers to usage of
 community and/or personal sharps containers, as well as alternative solutions to
 reducing syringe litter that would be more manageable for clients.
Objective 2 Improve data systems to provide more accurate information and evaluate
 program efficacy
Strategy 1 Standardize information on syringes collected on City property by City
 personnel
2.1 Progress: Completed
 ● Held initial interdepartmental leadership meeting on 8/14 to discuss collaborative
 efforts to improve consistency in data collection and reporting related to syringe
 litter cleanup.
 ● Met with frontline Parks, Rec & Facilities and Public Works staff directly involved
 with syringe litter cleanup. Received feedback on experience, suggestions for
 improved collection and collaboration, and requests for additional safety equipment.
 ● Identified and addressed inconsistencies in reporting and use of ArcGIS across
 relevant departments.
Strategy 2 Improve client data collection efforts
2.2 Progress: Ongoing
 ● Incorporated municipality and/or zip code of residence into the data collection tool
 used for each exchange.
 ○ From 10/1/24 - 9/30/25, 95% of respondents (8,761 encounters) reported
 living in a zip code within Portland. Of that, 87% of respondents (7,959
 encounters) report their zip code as 04101.
 ● Analyzing data comparing frequent exchange users reporting Portland zip codes and
 volume of syringes distributed to and collected from these clients in an effort to
 identify disposal trends.
 ● Determined that exchanges made during outreach yielded, on average, fewer
 returned syringes per exchange than on-site exchanges.
 ● From January to July 2025, Patient Navigators supported 34 formal linkages to care
 resulting in a warm hand-off or referral. The majority (69%) of interactions took
 place in a harm reduction setting, followed by the Homeless Services Center (13%)
 and the Cumberland County Jail (13%). The most prominent identified needs were
 related to housing (38%), criminal justice system navigation and reentry support
 (26%), legal support (12%), and healthcare (10%).
Strategy 3 Improve documentation, training, and management practices to create and
 transform collected information into a live dashboard.
2.3 Progress: Completed/Ongoing
 ● Harm Reduction and data management staff continue to meet regularly to collect and
 analyze data to improve coordinated service delivery, identify areas of need
 (“hotspots”), target outreach services (syringe cleanup, overdose
 prevention/naloxone distribution, syringe exchange as allowed, patient navigation
 services, etc.).
 ● Improved data collection to meet minimum standards adopted by HHS.
Objective 3 Respond to community concerns re: safety
Strategy 1 Attend neighborhood association meetings in areas with increased reports of
 improperly disposed syringes to solicit feedback, share improvement plans, and
 present information on residential and business reporting and pick-up options.


 3

 Page 13
 3.1 Progress: Completed/Ongoing
 ● Have not yet met with all neighborhood associations, but have conducted outreach;
 open to attending meetings, providing education, and collecting feedback
 Strategy 2 Promote syringe reporting resources to Portland businesses and residents.
 3.2 Progress: Completed
 ● Updated promotional materials to include access to education on safe collection of
 sharps on private property.
 ● Created social media campaigns and website updates for businesses and residents to
 obtain safe collection education and equipment from Portland Public Health.



SYRINGE REDEMPTION PILOT PROJECT UPDATE
January 14 - September 30, 2025

Syringe Redemption Program
The Syringe Redemption Pilot Project, as outlined in the improvement plan, was implemented as
a result of opioid settlement funds allocated by the City Council.

Results
The syringe redemption program has demonstrated a substantial increase in the number of
syringes returned to the Exchange. In the 30 weeks prior to the program, 365,273 syringes were
returned across all exchanges, compared to 560,038 syringes in the 30 weeks after. This
represents an increase of over 53% in syringes returned to the program.


 Metric Initial Report: YTD
 1/13–2/21


# redemption encounters 203 1,704
Unique clients enrolled in program 156 390
Syringes collected during program 38,252 311,997
Total cash paid out to participants $3,852 $31,199
Encounters returning more 200 syringes (weekly 146 (72%) 1,326 (78%)
max)
Encounters reporting collecting syringes from the 198 (98%) 1,293 (76%)
ground
Encounters where Narcan was received 32 (15%) 1,399 (82%)
Encounters resulting in referral to HIV/Hep C testing 9 (4%) 31 (2%)
Encounters resulting in recovery-related referrals 5 (3%) 148 (9%)
Clients referred to patient navigator services 16 (8%) 134 (8%)


These findings suggest that the program increases proper syringe disposal while reducing
environmental contamination.




 4

 Page 14
Operational Constraints Impacting Results
The program faces structural constraints that limit participation, as the current enrollment
represents only a fraction of the NEP and is further restricted by weekly and individual
maximums. Due to demand compared to availability of funds, operations have been limited to six
hours per week across three days.

SeeClickFix Needle Pick-up Reports
Between Jan-Sept 2024, there were 1,038 requests on SeeClickFix (SCF) for needle pick-ups
reported to the City of Portland. During the same time period in 2025, there have been 778
reports. This represents a 25% decrease in SCF reports for needle pick-ups between 2024 and
2025.




Syringes in Public Spaces
To date, 76% (1,293) of redemptions involved clients collecting at least some of their syringes
from the ground in public spaces. The most commonly reported locations were: Bayside (56 pick-
ups) and Deering Oaks (42 pick-ups). Participants also noted pick-ups near various streets and
parks in the East Bayside neighborhood.

The images below compare January - September 2024 to January - September, 2025, and
represent patterns of improper syringe disposal, as collected by Public Health and Parks &
Recreation staff.




 5

 Page 15
 6

Page 16
FISCAL IMPACT
N/A

CONCLUSION(S)
At this time, Public Health staff are confident that the objectives detailed in the SSP Action Plan
are contributing to an overall reduction in the improper disposal of syringes in Portland. Most of
the identified strategies have been implemented and results are yielding improvement. While
strides have been made, staff are continuously using data to improve the efficacy of these
strategies.

PRIOR COMMITTEE REVIEW
HHS & PS Committee - March, 2025

PREPARED BY
Bridget Rauscher
Public Health Director
Health and Human Services




 7

 Page 17
City of Portland | Health & Human Services Department
Maggie McLoughlin, Director



Staff Memo To:
Health & Human Services & Public Safety Committee
Councilor Anna Bullett, Chair



DATE
October 14, 2025

AGENDA ITEM
Agenda Item #5 - Opioid Settlement Funds (OSF) Update

PURPOSE
This memo serves as an update to the Health & Human Services and Public Safety (HHSPS)
Committee on the progress regarding the allocation of the OSF.

COMMITTEE WORK PLAN ALIGNMENT
The Committee’s 2025 work plan includes the topic of “addressing the opioid epidemic” as a
top priority for the year.

BACKGROUND/ANALYSIS
In 2017, Portland joined a nationwide lawsuit against opioid manufacturers to address the
opioid epidemic’s impact. By September 2024, the City had received $1.38M in settlement
funding, and expects to receive ~$235,000 annually through FY39, with yearly fluctuations
based on settlement agreement disbursements.

In October 2024, following consideration and community engagement led by the HHSPS
Committee, the City Council allocated $1.3 million in settlement funds on the following: (1)
Syringe Redemption Program, (2) On-peninsula day space, and (3) On-peninsula methadone
treatment. Subsequently, in December 2024, the City issued a request for applications for on-
peninsula methadone treatment providers and day space operators.

At the July 8th HHSPS Committee meeting, City staff provided an update on OSF allocations
(enclosed). At that meeting, the Committee requested that staff continue to explore day space
options, and indicated that there was flexibility in the operational priorities they had originally
identified in April 2024 (e.g. capacity, community engagement, partnership structure, and/or
geographic location).

PROGRESS UPDATE
Day space
As communicated with the Council in an August 6, 2025 email, the original site proposed for a
day space, 14 Baxter Blvd is no longer available to use as a potential day space location. It was



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removed as an option following an accelerated timeline to repurpose the building for other
uses.

Since the July Committee meeting, staff have met with various social service partners to
identify an interested operator and available space on the peninsula, keeping in mind the
Committee’s interest in more flexible standards. Unfortunately, staff were unable to find
either available space on the peninsula or operator/s.

Syringe Redemption Program
The syringe redemption program, operated by City staff, has been a critical tool in reducing
syringe waste in the city, contributing to a 53% increase in syringes provided to the program
for proper disposal. The program has also significantly increased the number of encounters in
which naloxone was received. Additional details are available in the attached Syringe Services
Program Memo.

NEXT STEPS
During discussions with local providers active in the opioid use disorder continuum of care,
several initiatives aligned with OSF priorities emerged as potential areas for consideration.
Building on these insights, it is worth noting that in 2024, the City completed a needs
assessment of the harm reduction and SUD continuum of care in Cumberland County. The
needs assessment included input gathered from community feedback boxes (13 responses),
SUD prevention, recovery, and treatment providers (42), syringe exchange clients (53), and
people with lived experience (56). Each of the options below aligns with recommendations
generated by the needs assessment. Furthermore, the options align with the Core Strategies
designated for the use of OSF settlement funds.

 ● Contingency Management (CM) Programming- Portland faces a growing
 polysubstance use crisis, with many individuals with opioid use disorder (OUD) also
 battling stimulant use disorder (SUD). While medications exist for OUD, no approved
 pharmacotherapy is available for SUD. Contingency Management (CM), the evidence-
 based standard of care for SUD, provides tangible incentives for verified drug
 abstinence, effectively supporting recovery. 1 Polysubstance treatment is an approved
 use of OSF. However, state-level reimbursement for CM incentives is estimated to be 2
 years out, leaving funding reliant on inconsistent private donations. An allocation of
 settlement funds could provide critical bridge funding and support approximately 50-
 75 individuals.
 ● Expansion and sustainability funding for OUD-related Maternal Health needs- Project
 Lifeline is a partnership between Portland Fire Department’s Mobile Medical Outreach
 and MaineHealth Maine Medical Center MaineMOM that serves high risk, unsheltered
 and unhoused pregnant and postpartum women with substance use disorder. Since its
 launch as an 18-month pilot, it has successfully supported approximately 30 women in
 greater Portland. An investment in Project Lifeline would enable the program to work

1
  Ronsley, C. et.al Treatment of stimulant use disorder: A systematic review enable the program to work towards long-term
sustainability through increased investments in service reimbursement, community paramedicine certifications,long-termof reviews
PloS One. 2020, link.



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 towards long-term sustainability through increased investments in service
 reimbursement through community paramedicine certifications and billing processes.
 These would in turn allow the program to increase scope and reach to offer more
 perinatal care, field initiation of medication for SUD, and build sustainability to provide
 these services in the future. Critically, it will also help increase capacity to prescribe and
 dispense antiviral therapy in the field, reducing the risk of maternal-to-child
 transmission of HIV while also helping mitigate risks of an HIV outbreak in Portland.
 ● Flexible funding for local partners- Under this approach, local partners could apply for
 small buckets of flexible funding to support increasing access to treatment, recovery,
 or other wrap-around services that are unreimbursable from state funds. This funding
 would support items like transit passes, peer support programming, and staff time that
 would not be reimbursable through other mechanisms. Grants would be offered
 through a competitive, low-barrier process. The set-up and operations of a revolving
 grant fund would require significant administrative commitment and associated costs.
 ● Housing support for unsheltered individuals- In Portland, the HOPE program
 successfully connects unsheltered individuals to housing through outreach-based
 housing navigation, and provides ongoing housing retention services. Due to its
 success, increased demand for retention support has strained staff capacity, reducing
 time for new housing placements. Funding to supplement the program with a housing
 navigator and two retention specialists would enable approximately ten additional
 housing placements and support eighty more individuals in the housing retention
 caseload, enhancing the program’s impact on housing, a critical component of the
 substance use disorder continuum of care.
 ● Syringe Redemption Continuation- The Syringe Redemption pilot is set to expire in
 December 2025. Based on the success of the pilot to date, staff intend to continue the
 program using existing settlement funds.



PREPARED BY

Maggie McLoughlin
Director
Health and Human Services


RELEVANT LINKS:

 • HHSPS Panel Discussion and Abatement Memo (June 2024)- link
 • OSF Review of Initial Recommendations (July 2024)- link
 • Allocating OSF Memo (Sept. 2024)- link
 • Council Allocation (Oct. 2024)- link
 • SSP & RFA Update (March 2025)- link
 • HHSPS OSF Committee Update (July 2025)- link
 • SSP Update (October 2025)- link




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City of Portland | Police Department
Mark Dubois, Police Chief



To: Health and Human Services and Public Safety Committee
Councilor Anna Bullett, Chair




MEETING DATE
October 14, 2025

AGENDA ITEM
Agenda Item 2 - Proposed Police Department Acquisition of Unmanned Aerial System (UAS)

PURPOSE
The committee is asked to consider the Police Department's proposal to acquire a UAS ("Drone")
to support operations. Maine state law (25 M.R.S.A. §4501) requires that the governing body of a
governmental unit approve any acquisition of an unmanned aerial system (UAS) by a law
enforcement agency.

This item is for public comment as well as discussion and direction from the committee on
recommending City Council approval in October.

COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT
This item is not directly identified in either the committee’s work plan or the City Council’s 2025
priorities.

BACKGROUND/ANALYSIS
The information provided below was presented to the Council Committee at its July 9, 2024
meeting. During that meeting, Councilors requested additional information from staff on
measures to ensure protection of privacy and avoid misuse, acquisition costs and annual
recurring expenses, and development of a communications piece to address public questions and
concerns. Attachments A includes information in response to these questions and requests for
additional information. Attachment B includes the Police Department’s proposed policy on UAS
use, and Attachments C and D outline statutory requirements for using this technology.

As the Committee is aware, the Portland Police Department is significantly understaffed. New
technologies, such as the UAV, provide an opportunity to help maintain public safety with greater
efficiency and effectiveness in accordance with the rights of residents and applicable legal
requirements. .

The use of Unmanned Aerial Systems (UAS) in law enforcement is not new. Municipal and state
law enforcement agencies have utilized the technology for more than a decade while all five U.S.



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Department of Justice law enforcement components (FBI, ATF, DEA, Marshal’s Service and Bureau
of Prisons) use UAS in support of their operations.
​
Portland Police Department has requested mutual aid from surrounding communities utilizing
their UAS in search and rescue operations,during motor vehicle accident reconstruction needs,
and during high risk warrant applications.

UAS usage by law enforcement is well-regulated in Maine and the applicable statutory language
as well as rules imposed by the Maine Attorney General’s Office are incorporated into the
department policy. Additionally, UAS operations are regulated by the Federal Aviation
Administration (FAA) to include the requirement that officers assigned as UAS pilots must be
licensed by the FAA.

Purchasing a UAS will enhance police operations during search and rescue operations. A UAS can
search areas, both land, coast line, and waterways much faster and more efficiently than
personnel. UAS will supplement tracked and wheeled robots for searches involving barricaded
subjects. Those vehicles are restricted when obstacles prevent them from freely moving or
climbing staircases.

Portland Police traffic unit reconstructs motor vehicle traffic accidents when there is serious
bodily injury, death, or serious crashes involving police vehicles. The use of an UAS to plot the
scene is completed in a fraction of the time and more accurately, which results in significant
savings of time and money. Using a UAS to map a crash scene allows opening the closed roadway
much faster than using traditional methods, resulting in less impact to the public.

In terms of officer safety, using a UAS during a barricaded suspect incident allows the Incident
Commander to search interior spaces before sending in personnel. This creates a significant
tactical advantage for officers and alleviates the need to put personnel in extremely dangerous
situations. This operation is currently done with robots, which have some significant limitations.
Robots are unwieldy, expensive to repair, and limited in their maneuverability.

The UAS system identified is from Axon Corporation which is the vendor for our body camera
and in-car camera system. The UAS is compatible with this system, allowing all video to be
recorded and secured on our dedicated evidence storage platform.

FISCAL IMPACT
The one-time cost to acquire the UAS is estimated to be $45,316. Sufficient funding was
appropriated as part of the appropriation request in January 2024 using proceeds from the US
Department of Justice’s Equitable Sharing Program. Renewal of software maintenance and
licensing agreements after 3 years would cost $23,790 in FY 2027-28. Other than minor annual
training/certifications expenses, no material annual recurring costs to support the UAS are
anticipated. Attachment A includes a cost breakdown. The UAS system has an estimated useful
life of 5-7 years.




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CONCLUSION(S)
Approving the purchase of a UAS allows Portland Police to train and deploy the system when
appropriate and in compliance with our policy. Currently, when the need arises we utilize mutual
aid from surrounding agencies. Having our own UAS allows better control, faster response, and a
more skilled and knowledgeable pilot. Having a department UAS allows us to utilize technology to
improve the service we provide to our community.

PRIOR COMMITTEE REVIEW
Health-Human Services & Public Safety Committee (September 10, 2024) - Issue review & action
Health-Human Services & Public Safety Committee (July 9, 2024) - Issue introduction

PREPARED BY

Mark Dubois Greg Jordan
Chief of Police Assistant City Manager
Police Department Executive Department


ATTACHMENTS
Attachment A - Draft FAQs for Public Information on UAS Use
Attachment B - Portland Police Department draft policy for UAS
Attachment C - MRS Title 25, §4501. Regulation of Unmanned Aerial Vehicles
Attachment D - MRS Title 25, §4501. Annual Legislative Report on UAV use
Attachment E - Federal Aviation Administration (FAA) Regulations




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 Attachment A
 Portland Police Department
 Drone FAQs



How will this drone be used by the Portland Police Department? ​

For at least some of the purposes below, Portland PD reaches out to other agencies to borrow
their drones, however, this often results in significant delays which can be crucial when lives are
at stake.​

 ●​ Search & Rescue operations - the use of the drone could be crucial in time-sensitive
 searches for missing children, endangered persons, and suicidal individuals, as well as
 persons believed to be in the waters in and around Casco Bay.
 ●​ Active assailant/school shooter scenarios - the drone would be able to assist law
 enforcement to determine where in a building the assailant is in a school/workplace
 assailant event and give them an advantage in ending the scenario without loss of life.
 ●​ Accident reconstruction - Currently, reconstruction of fatal and other serious crashes
 require roads to be closed for up to 5 hours, including the time required to conduct scans
 with reconstruction equipment (faro scanner - a laser scanner which provides 3D
 measurements and imagining, and cameras) which can take up to 2 hours when done
 on the ground. With a drone equipped with the appropriate software (the faro software,
 which we already own, and which will be compatible with the Axon drone*), the
 necessary scans can be accomplished in 15 to 30 minutes, drastically reducing the
 amount of time police will need to close roads. In the past 12 months, our Crash
 Reconstruction Team has been called out for reconstructions nine times.
 ●​ Barricaded suspects - The Special Reaction Team (SRT) is often (28 total calls for
 service since the beginning of the year) called upon when a criminal suspect has
 barricaded themselves - sometimes with other individuals - inside a residence or other
 location. This creates tension when it is unknown whether that individual is armed and
 will harm themselves or others. A drone can be used in this situation to look through
 upper windows to provide police with a view of whether weapons are present or not,
 potentially saving civilians and police from harm.
 ●​ Hazardous Devices Investigations - The Hazardous Devices Unit (“Bomb Squad”) is
 tasked with investigating possible explosives and other hazardous devices. Bomb
 squads around the country commonly use drones for an initial approach on suspicious
 packages, which protects the human bomb techs from having to make an initial
 approach, and is much faster than using a robot. Drones can also be used to clear
 locations where there are suspected boobytraps, and searching and clearing areas of
 suspected IEDs (improvised explosive devices) during large gatherings and/or bomb
 threats. ​
 ​




 Page 24
 Attachment A
 Portland Police Department
 Drone FAQs



 ●​ Crime scene reconstruction - This often shuts down streets while scans and photographs
 are taken. As an example, the last homicide scene was approximately 3.5 city blocks
 inside apartments and stretching across two major avenues of the City- and across the
 busiest intersection in the entire State. We had to use the State Police drone to cover
 the faro scans and waited an additional 2.5 hours for the drone to be brought from the
 middle of the State to assist.
 ●​ Train vs pedestrian reconstruction- almost all of these scenes are extremely long in
 distance - usually up to a ¼ mile in length, which is about the distance a train takes to
 stop its momentum after a collision. As with accident and crime scene reconstructions, a
 drone would make this process much faster and limit the disruption to train and vehicle
 traffic.
 ●​ Fire scene assessment - drones can be used in conjunction with the fire department
 when responding to large calls, or to assess a large scene after a fire.
 ●​ Storm and flood damage assessment - use of a drone will be helpful in assessing
 damage to the shoreline and properties along the shore after severe storms and
 flooding, such as the devastating January 2024 storms, and depending on availability of
 the drone and a pilot, we could assist other City departments with this task.


How will this drone not be used by the PD?

 ●​ Use of the drone will be governed by Police Department Standard Operating
 Procedures, which in turn follow Maine state law regarding the use of unmanned aerial
 vehicles (drones) (25 M.R.S. § 4501). As with all activities engaged in by law
 enforcement, use of the drone will also be governed by the principles of the constitutions
 of the State of Maine and of the United States. ​

 ○​ Generally speaking, the Fourth Amendment of the United States Constitution
 requires that police obtain a search warrant before searching private property
 looking for evidence of criminal activity. Those same protections apply to the use
 of drones by law enforcement in Maine.
 ○​ Police cannot use drones to conduct surveillance of private citizens peacefully
 exercising their right to free speech and assembly.
 ○​ In accordance with Portland City Code, police in Portland will not be able to use
 any type of facial recognition software for any purpose through use of the drone
 (Portland City Code Sec. 17-131).




 Page 25
 Attachment A
 Portland Police Department
 Drone FAQs


How will PPD ensure that inadvertent recordings unrelated to an investigation are not
viewed/released? ​

​ When this question was raised at the HHS/PS committee meeting in 2024, the
assumption appeared to be that the drone, when deployed, would be flying over private
property en route to the target location. In fact, in order to preserve battery life and for the sake
of efficiency, the drone will be transported to the location where it is needed, before being
deployed, drastically reducing any inadvertent filming of unrelated people/property. Obviously in
the case of a missing person, the drone will be flying over a greater area, however, as with all
video recordings and other police records, there are state laws which make police records
confidential if their public release would constitute an unwarranted invasion of privacy.

Additionally, the drone will not be recording passively while flying, recording capability must be
affirmatively turned on before any footage is recorded.

Who owns the recordings?

We anticipate purchasing the drone and software package, including data storage, from Axon,
the vendor currently used for police body and cruiser and other camera systems. Our Master
License agreement with Axon, which would cover footage captured by the drone, gives PD
exclusive ownership of any footage captured and stored. The specific language reads:

 Agency owns Agency Content. Agency controls and owns all right,
 title, and interest in Agency content. Except as outlined herein, Axon
 obtains no interest in Agency Contact, and Agency Content is not Axon’s
 business records. Agency is solely responsible for uploading, sharing,
 managing, and deleting Agency Content. Axon will only have access to
 Agency Content for the limited purposes set forth herein. Agency agrees
 to allow Axon access to Agency Content to (a) perform troubleshooting,
 maintenance, or diagnostic screenings; and (b) enforce this Agreement or
 policies governing the use of Axon products.

In other words, PPD owns its content exclusively, and Axon will not sell or otherwise
disseminate recordings from the deployment of the PPD drone.




 Page 26
 Attachment A
 Portland Police Department
 Drone FAQs


Anticipated costs of drone ownership and operation:

 ●​ Up front costs:
 ○​ Drone purchase price: $20,231
 ○​ Licensing and Storage (3 years): $18,541
 ○​ 3-year service contract: $5,249
 ○​ Subtotal: $44,021​

 ○​ Pilot license training ($110 x 5 max) (right now we have 3 qualified pilots): $550
 ○​ Fee to take test ($149 x 5 max): $745
 ○​ Ongoing training - no cost
 ○​ Subtotal: $1,295​

 ○​ Total: $45,316**​

 ●​ Year 4:
 ○​ Licensing & storage (3 years): $18,540
 ○​ Warranty/Service contract (3 years): $5,250
 ○​ Total: $23,790​

 ●​ Repair/replacement costs (as needed) :
 ○​ 1 time free, 2nd and 3rd are prorated (if drone/sensor damage/loss is accidental):
 ○​ 2nd: drone $1,650/sensor:$974
 ○​ 3rd: $2,956/sensor: $2975


* The drone we plan to acquire is an Axon product and will therefore be compatible with existing
body camera and cruiser camera systems and software.

**Funds to cover the initial costs have already been allocated (November 2, 2023 Council
meeting) from federal forfeiture funds.




 Page 27
 PORTLAND POLICE DEPARTMENT
 STANDARD OPERATING PROCEDURE

 Subject: USE of SMALL UNMANNED AIRCRAFT Policy #: 47B

 Distribution: Internal/External Effective: / /2024

 By Order of: Chief of Police Revised:


I. PURPOSE

The purpose of this policy is to establish guidelines for the use of Unmanned Aerial Systems (UAS), commonly known
as drones.

II. POLICY

The Portland Police Department will utilize UAS in a safe and efficient manner to facilitate the Department’s mission
of protecting lives and property when other means and resources are not available or may be less effective. Any use
of UAS will be in accordance with 25 M.R.S. §4501 (Regulation of Unmanned Aerial Vehicles) and all applicable
Federal Aviation (FAA) requirements and guidelines. This policy applies to all unmanned aerial vehicles, drones, and
aerial systems operated by the Portland Police Department, regardless of classification or vendor terminology.

III. DEFINITIONS
 A. Unmanned Aerial Vehicle (UAV) : an aircraft operated without a physical human presence within or
 on the aircraft that, in the manner in which the aircraft is used or the manner in which it is equipped,
 is capable of performing audio or visual surveillance.

 B. Unmanned Aerial System (UAS): A UAV along with the elements necessary to operate the UAV in a
 safe and efficient manner. These elements may include, but are not limited to a control station, data links,
 communications and navigation equipment.

 C. Federal Aviation Administration (FAA): The federal authority charged with regulating all aspects of
 civil aviation.

 D. Remote Pilot in Command (RPIC): A member of the Portland Police Department holding a current
 FAA certification to operate a UAS and designated to exercise control over a flight. The RPIC is directly
 responsible for and is the final authority as to the operation of the UAS.

 E. Surveillance: A prolonged observation of a place, person, group, or ongoing activity in order to gather
 information about identity, conduct, movements, or associations, whether in public or private spaces.


IV. PROCEDURES

 A. General

 1. Only UAS specifically authorized by the Chief of Police may be deployed in support of Portland
 Police operations or requests for mutual aid. When operating the UAS in support of another agency,



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 officers will follow the policies and procedures of the Portland Police Department as well as applicable
 federal and state laws and regulations.

 2. Department authorized UAS may only be operated by PPD employees who hold a current
 remote pilot airman certification from the FAA and have been trained in the operation of the specific
 Department-owned UAS. Non-certified personnel may manipulate the flight controls of the UAS under
 the direct supervision of a certified PPD remote pilot in command, however the RPIC must maintain
 the ability to immediately take direct control of the UAS.

 3. All UAS operations will be conducted in accordance with 25 M.R.S. §4501 (Regulation of
 Unmanned Aerial Vehicles), all applicable Federal Aviation (FAA) requirements and guidelines to
 include 14 CFR Part 107 - Small Unmanned Aircraft Systems, and the minimum standards established
 by the Maine Criminal Justice Academy Board of Trustees.

 4. The Remote Pilot in Command (RPIC) is the final authority as to the operation of the UAS and
 is solely responsible for determining whether or not to conduct or abort a requested mission as well as
 the specifics of the mission to include altitude, speed, and flight path.

 5. The UAS and related equipment shall be maintained in a state of operational readiness.
 Remote Pilots shall inspect and test the UAS prior to deployment to ensure proper functioning and
 shall use reasonable care when operating the equipment. Equipment malfunctions shall be brought to
 the attention of the Traffic Sergeant.

 B. Deployment

 1. The Chief of Police or their authorized designee must give prior approval before an UAS is
deployed. When determining whether to approve a deployment, the Chief or designee shall consider whether
the deployment will result in an excessive number of UAS’s at the same location or same event at the same
time.

 2. If multiple licensed PPD remote pilots are on scene at a deployment, the most senior will serve
as the RPIC for the mission, unless they expressly delegate the RPIC role to another licensed remote pilot.

 3. The RPIC will conduct a pre-flight inspection of the UAS equipment and follow the established
pre-flight checklist prior to deployment.

 4. As required by 25 M.R.S. §4501(5)(C), the RPIC will obtain the approval of the appropriate
prosecutorial authority (Cumberland County District Attorney’s Officer or Maine Attorney General’s Office)
prior to deploying the UAS for criminal investigation purposes.

 5. The RPIC will notify Emergency Communications upon launch and recovery of the UAS and
dispatch will enter those times in the appropriate CADCALL.

 6. When operating the UAS over locations that the RPIC believes are irrelevant to the purpose of
the deployment, they will operate the UAS in accordance with the following parameters:
 a. At a minimum altitude of 200 feet above ground level; and
 b. At a minimum horizontal speed of 5 miles per hour; unless



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 c. Operating the UAS in accordance with subparagraph a and b above, would jeopardize the
 objective of the UAS deployment or violate FAA regulations.

 7. In order to minimize the impact of inadvertent recording on third parties, the RPIC shall limit
use of the UAS mounted audio or video recording equipment to those locations where the RPIC believes
utilizing audio or video recording technology could support the purpose for which the UAS is deployed.

 8 The RPIC must maintain the ability to adequately track the location of the UAS at all times as
failure to do so could prove hazardous to persons and property on land and in the air.

 C. Permissible Uses
 1. The UAS may be used for the following:
 a. Search and Rescue
 b. High-risk tactical operations (hostage/barricade incidents, high-risk warrants, active
 assailant incidents etc.)
 c. Accident scene reconstruction
 d. Crime scene reconstruction
 e. Disaster Response
 f. Searches for suspects and/or evidence.
 g. For training, testing, and product evaluation purposes.

 2. The UAS may be used for a criminal investigation purpose only when:
 a. The appropriate prosecutorial authority has approved use of the UAS; and
 b. A warrant has been obtained or a recognized exception to the warrant requirement
 exists.

 D. Prohibitions on Usage of UAS
 1. The UAS shall not be used for criminal investigation without a warrant except as
 permitted by a recognized exception to the warrant requirement.

 2. Absent a warrant or exigent circumstances, the Remote Pilot shall not intentionally
 record or transmit images of a location where a person would have a reasonable expectation
 of privacy (e.g. inside a home, a fenced yard or an otherwise enclosed area).

 3. The UAS shall not be used to conduct random surveillance of individuals in any
 location where they have a reasonable expectation of privacy

 4. The UAS shall not be used to conduct surveillance of private citizens peacefully
 exercising their constitutional rights of free speech and assembly.

 5. The use of enhancement technology such as night vision technology, high powered
 zoom lenses, video analytics, and thermal imaging is prohibited unless the Chief or designee
 explicitly authorized the use of those technologies when authorizing deployment of an UAS.

 6. The use of facial recognition technology is strictly prohibited.




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 7. The UAS will not be equipped with weapons of any kind including, but not limited to
 firearms, lasers, impact projectiles, chemical agents or irritants, or any other lethal or non-
 lethal weapon.

E. Privacy Considerations

 1. The decision to deploy a UAS requires that PPD carefully weigh public safety needs
 against privacy concerns.

 2. When there are specific and articulable grounds to believe the UAS will collect
 evidence of criminal wrongdoing or if the UAS will be used in a manner that is likely to
 intrude upon the reasonable expectation of privacy, the Department shall obtain a search
 warrant prior to deployment.

 3. Any time a UAS is deployed:
 a. The UAS will be operated at an altitude, speed and with a planned flight plan
 that minimizes any invasion of privacy of a third party.
 b. The Remote Pilot shall make a reasonable effort to record only the target of
 the operation (accident scene, disaster area, etc.) and to avoid other areas as much as
 possible.

F. Audio and Video Recordings and Remote Pilot Records

 1. An inadvertent audio or video recording, photograph, or other such documentation of or
 relating to a private third party that results from the use of a UAS shall not be duplicated
 or transmitted by the Portland Police absent a court order, and must be permanently and
 irretrievably erased or destroyed within a reasonable period of time after its creation,
 pursuant to the applicable record retention schedule.
 2. Prior to their duplication and further dissemination, any audio or video recordings,
 photographs, or any other such documentation resulting from the deployment of a UAS
 must be reviewed to determine whether such further dissemination may occur.
 a. Such review must specifically include an assessment of whether the documentation itself
 constitutes “intelligence and investigative record information” under 16 M.R.S. §801 et
 seq., and, if so, whether, if at all, the documentation may be further disseminated
 pursuant to that law.
 3. Audio and video recordings, photographs, and any other documentation resulting from a
 UAS deployment related to a criminal investigation will be retained in accordance with the
 corresponding Maine law on evidence retention as well as the rules for records retention
 promulgated by the Maine State archivist.
 4. Audio and video recordings, photographs, and any other documentation resulting from an
 UAS deployment not relating to a criminal investigation will be retained in accordance
 with the corresponding rules for records retention promulgated by the Maine State
 archivist.

 G. Documentation and Reporting
 1. Any deployment of a UAS, other than for training, shall be documented in a call for
 service.



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 2. A supplemental incident report shall be completed by the RPIC anytime a UAS is
 deployed in support of a criminal investigation.
 3. Additionally, the details of each UAS deployment must be documented on a form or
 database designed for that purpose within 14 days of the deployment. Documentation will
 include, at a minimum:
 a. The date of the deployment;
 b. The name of the RPIC;
 c. The purpose of the deployment;
 d. The duration of the deployment;
 e. The flight path of the deployment; and
 f. Any other information the Chief deems necessary.

 4. The Traffic Sergeant will ensure that all UAS deployments are properly documented
 and will report deployment related data to appropriate governmental bodies. This reporting
 shall include the mandatory annual reporting to the Maine Criminal Justice Academy (MCJA),
 as well as providing the MCJA annual UAS report to the City Council’s Health and Human
 Services and Public Safety Committee

V. UAS-RELATED RESPONSIBILITIES OF THE TRAFFIC SERGEANT

 A. The Traffic Sergeant – who may, but does not need to be, a Remote Pilot -- shall:
 1) Maintain a list of PPD certified Remote Pilots
 2) Maintain a list of the make/model of each PPD UAS
 3) Maintain a list of the FAA registration number of each PPD UAS
 4) Be the representative of the Portland Police Department for any waiver and/or airspace
 authorization obtained through the FAA; and
 5) Have ongoing knowledge of the operations of the UAS under any waiver/airspace authorization
 6) Maintain a record of the disposition of each PPD UAS after it is taken out of service (i.e.,
 destroyed, used for parts, sold to another law enforcement agency)


VI. REPORTS OF INJURY OR PROPERTY LOSS RESULTING FROM UAS USE

 A. Any operation of an UAS that results in serious injury, loss of consciousness, or property damage
 (to property other than property of the agency) of at least five hundred dollars ($500) must be
 reported within ten (10) days to the FAA.
 B. Any operation that results in any injury or property damage (other than to the UAS) must be
 reported immediately to the patrol supervisor or Shift Commander.
 C. Any operation that results in damage to the UAS must be reported as soon as practicable to the
 Traffic Sergeant.

VII. MISUSE OF A UAS

 A. Any PPD employee who intentionally uses an UAS in violation of this policy shall be subject to
 disciplinary action up to and including termination.

 B. Additionally, a violation of the minimum policy standards established by the Maine Criminal
 Justice Academy Board of Trustees and included in this policy may constitute grounds for the Board


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to take disciplinary action against a law enforcement officer’s certificate of eligibility pursuant to 25
M.R.S. §2806-A(5)(J) or seek a civil penalty against the law enforcement officer pursuant to 25 M.R.S
§2803-(C).




 47B-6

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 MRS Title 25, §4501. REGULATION OF UNMANNED AERIAL VEHICLES




 §4501. Regulation of unmanned aerial vehicles
 1. Findings. The Legislature finds that evolving technology regarding unmanned aerial vehicles
 presents a potential economic driver for the State, an opportunity for research and development and a
 very real benefit for security, for search and rescue efforts and for disaster prevention and relief, as well
 as a tool for the investigation of serious crimes, but the technology also presents a potential threat to
 the privacy of citizens of this State if used by law enforcement in the conduct of criminal investigations
 without appropriate guidelines and supervision.
 [PL 2015, c. 307, §1 (NEW).]
 2. Definitions. As used in this section, unless the context otherwise indicates, the following terms
 have the following meanings.
 A. "Law enforcement agency" has the same meaning as in section 3701, subsection 1. [PL 2015,
 c. 307, §1 (NEW).]
 B. "Unmanned aerial vehicle" means an aircraft operated without a physical human presence
 within or on the aircraft that, in the manner in which the aircraft is used or the manner in which it
 is equipped, is capable of performing audio or visual surveillance. [PL 2015, c. 307, §1 (NEW).]
 [PL 2015, c. 307, §1 (NEW).]
 3. Acquisition of unmanned aerial vehicles. The acquisition of an unmanned aerial vehicle by a
 law enforcement agency must be approved by the governing body of the governmental unit overseeing
 the law enforcement agency seeking to make such an acquisition or, in the case of a state agency, by
 the commissioner of that agency.
 [PL 2015, c. 307, §1 (NEW).]
 4. Law enforcement agency operation of unmanned aerial vehicles. A law enforcement
 agency's operation of an unmanned aerial vehicle must fully comply with all Federal Aviation
 Administration requirements and guidelines, including the acquisition of a certificate of authorization
 or waiver from the Federal Aviation Administration. Additionally, a law enforcement agency's use of
 an unmanned aerial vehicle is governed by the following provisions.
 A. A law enforcement agency may not use an unmanned aerial vehicle before adopting standards
 that meet, at a minimum, the standards set forth in subsection 5. [PL 2015, c. 307, §1 (NEW).]
 B. Except as permitted by a recognized exception to the requirement for a warrant under the
 Constitution of Maine or the United States Constitution, a law enforcement agency may not use an
 unmanned aerial vehicle for criminal investigations without a warrant. [PL 2015, c. 307, §1
 (NEW).]
 C. Notwithstanding paragraph A, a law enforcement agency may use an unmanned aerial vehicle
 for the purpose of a search and rescue operation when the law enforcement agency determines that
 use of an unmanned aerial vehicle is necessary to alleviate an immediate danger to any person or
 for training exercises related to such uses. [PL 2015, c. 307, §1 (NEW).]
 D. Notwithstanding paragraph A, a law enforcement agency may use an unmanned aerial vehicle
 for purposes other than the investigation of crime, including, but not limited to, aerial photography
 for the assessment of accidents, forest fires and other fire scenes, flood stages and storm damage.
 [PL 2015, c. 307, §1 (NEW).]
 E. In no case may a weaponized unmanned aerial vehicle be used or its use facilitated by a state or
 local law enforcement agency in this State. [PL 2015, c. 307, §1 (NEW).]
 F. A law enforcement agency may not use an unmanned aerial vehicle to conduct surveillance of
 private citizens peacefully exercising their constitutional rights of free speech and assembly. [PL
 2015, c. 307, §1 (NEW).]


Generated
10.30.2023 §4501. Regulation of unmanned aerial vehicles | 1
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 MRS Title 25, §4501. REGULATION OF UNMANNED AERIAL VEHICLES



 G. Notwithstanding paragraph A, a law enforcement agency may use an unmanned aerial vehicle
 for an emergency use approved by the chief administrative officer of the agency or the Governor.
 [PL 2015, c. 307, §1 (NEW).]
 [PL 2015, c. 307, §1 (NEW).]
 5. Minimum standards for law enforcement. The Board of Trustees of the Maine Criminal
 Justice Academy, in consultation with the Office of the Attorney General, shall establish minimum
 standards for written policies and protocols for use of unmanned aerial vehicles by law enforcement
 agencies. The standards must include at a minimum:
 A. Training and certification requirements for a person operating an unmanned aerial vehicle; [PL
 2015, c. 307, §1 (NEW).]
 B. Requirements for prior authorization for the use of an unmanned aerial vehicle by the chief
 administrative officer of the law enforcement agency seeking to use such a vehicle; [PL 2015, c.
 307, §1 (NEW).]
 C. Approval by the Attorney General or chief prosecuting attorney for the appropriate jurisdiction
 for the deployment of an unmanned aerial vehicle for criminal investigation purposes; [PL 2015,
 c. 307, §1 (NEW).]
 D. Restrictions on the use of night vision technology, high-powered zoom lenses, video analytics,
 facial recognition technology, thermal imaging and other such enhancement technology; [PL
 2015, c. 307, §1 (NEW).]
 E. Procedures to minimize the inadvertent audio or visual recording of private spaces of 3rd parties
 who are not under investigation; [PL 2015, c. 307, §1 (NEW).]
 F. Procedures for destroying any unnecessary audio or visual recordings without further
 duplication or dissemination; [PL 2015, c. 307, §1 (NEW).]
 G. Recommended minimum altitudes and speeds at which an unmanned aerial vehicle may be
 flown in order to minimize the invasion of privacy of 3rd parties who are not under investigation;
 [PL 2015, c. 307, §1 (NEW).]
 H. Methods to minimize the number of unmanned aerial vehicles deployed at any one time in any
 one area or at any one event; [PL 2015, c. 307, §1 (NEW).]
 I. Procedures to avoid hazards to persons and property on land and in the air due to the operation
 of unmanned aerial vehicles; [PL 2015, c. 307, §1 (NEW).]
 J. Methods for tracking and recording the flight of each unmanned aerial vehicle; [PL 2015, c.
 307, §1 (NEW).]
 K. Requirements for regular statistical reporting of all uses of unmanned aerial vehicles, including
 the purposes, the results and the duration of such uses, to the appropriate governmental bodies; and
 [PL 2015, c. 307, §1 (NEW).]
 L. Accountability of a law enforcement agency for any mistake in deployment or misuse of an
 unmanned aerial vehicle, including sanctions as provided in section 2803‑C or section 2806‑A, as
 applicable. [PL 2015, c. 307, §1 (NEW).]
 [PL 2015, c. 307, §1 (NEW).]
 6. Data collection. On or before July 1, 2016 and July 1st of each subsequent year, the
 Commissioner of Public Safety shall submit to the Legislature a report containing the number of
 instances in which an unmanned aerial vehicle has been deployed by any law enforcement agency in
 the State with summary descriptions of the number of deployments for investigative purposes, the
 general nature of those investigations and the number of search warrants sought and the number of
 search warrants obtained for the deployment of unmanned aerial vehicles.


2 | §4501. Regulation of unmanned aerial vehicles
 Generated
 10.30.2023


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 MRS Title 25, §4501. REGULATION OF UNMANNED AERIAL VEHICLES



 [PL 2015, c. 307, §1 (NEW).]
 SECTION HISTORY
 PL 2015, c. 307, §1 (NEW).

The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include
the following disclaimer in your publication:
All copyrights and other rights to statutory text are reserved by the State of Maine. The text included in this publication reflects
changes made through the First Regular and First Special Session of the 131st Maine Legislature and is current through November
1. 2023. The text is subject to change without notice. It is a version that has not been officially certified by the Secretary of State.
Refer to the Maine Revised Statutes Annotated and supplements for certified text.
The Office of the Revisor of Statutes also requests that you send us one copy of any statutory publication you may produce. Our
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preserve the State's copyright rights.

PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the
public. If you need legal assistance, please contact a qualified attorney.




Generated
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14 CFR Part 107 Subpart D (up to date as of 9/08/2025)
 14 CFR Part 107 Subpart D (Sept. 8, 2025)
Operations Over Human Beings


This content is from the eCFR and is authoritative but unofficial.



Title 14 —Aeronautics and Space
Chapter I —Federal Aviation Administration, Department of Transportation
Subchapter F —Air Traffic and General Operating Rules
Part 107 —Small Unmanned Aircraft Systems
 Authority: 49 U.S.C. 106(f), 40101 note, 40103(b), 44701(a)(5), 46105(c), 46110, 44807.
 Source: Docket FAA-2015-0150, Amdt. 107-1, 81 FR 42209, June 28, 2016, unless otherwise noted.


Subpart D Operations Over Human Beings
  § 107.100 Applicability.
  § 107.105 Limitations on operations over human beings.
  § 107.110 Category 1 operations.
  § 107.115 Category 2 operations: Operating requirements.
  § 107.120 Category 2 operations: Eligibility of small unmanned aircraft and other applicant
 requirements.
  § 107.125 Category 3 operations: Operating requirements.
  § 107.130 Category 3 operations: Eligibility of small unmanned aircraft and other applicant
 requirements.
  § 107.135 Labeling by remote pilot in command for Category 2 and 3 operations.
  § 107.140 Category 4 operations.
  § 107.145 Operations over moving vehicles.
  § 107.150 Variable mode and variable configuration of small unmanned aircraft systems.
  § 107.155 Means of compliance.
  § 107.160 Declaration of compliance.
  § 107.165 Record retention.



Subpart D—Operations Over Human Beings

Source: Amdt. 107-8, 86 FR 4382, Jan. 15, 2021



§ 107.100 Applicability.
This subpart prescribes the eligibility and operating requirements for civil small unmanned aircraft to operate over
human beings or over moving vehicles in the United States, in addition to those operations permitted by § 107.39(a)
and (b).




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 14 CFR 107.105
Operations Over Human Beings


§ 107.105 Limitations on operations over human beings.
Except as provided in §§ 107.39(a) and (b) and 107.145, a remote pilot in command may conduct operations over
human beings only in accordance with the following, as applicable: § 107.110 for Category 1 operations; §§
107.115 and 107.120 for Category 2 operations; §§ 107.125 and 107.130 for Category 3 operations; or § 107.140
for Category 4 operations.

§ 107.110 Category 1 operations.
To conduct Category 1 operations—

 (a) A remote pilot in command must use a small unmanned aircraft that—

 (1) Weighs 0.55 pounds or less on takeoff and throughout the duration of each operation under
 Category 1, including everything that is on board or otherwise attached to the aircraft; and

 (2) Does not contain any exposed rotating parts that would lacerate human skin upon impact with a
 human being.

 (b) No remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air
 assemblies of human beings unless the operation meets the requirements of either § 89.110 or §
 89.115(a) of this chapter.

[Amdt. 107-8, 86 FR 4382, Jan. 15, 2021, as amended by 86 FR 62473, Nov. 10, 2021]


§ 107.115 Category 2 operations: Operating requirements.
To conduct Category 2 operations—

 (a) A remote pilot in command must use a small unmanned aircraft that—

 (1) Is eligible for Category 2 operations pursuant to § 107.120(a);

 (2) Is listed on an FAA-accepted declaration of compliance as eligible for Category 2 operations in
 accordance with § 107.160; and

 (3) Is labeled as eligible to conduct Category 2 operations in accordance with § 107.120(b)(1).

 (b) No remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air
 assemblies of human beings unless the operation meets the requirements of either § 89.110 or §
 89.115(a) of this chapter.

§ 107.120 Category 2 operations: Eligibility of small unmanned aircraft and other applicant
requirements.
 (a) To be eligible for use in Category 2 operations, the small unmanned aircraft must be designed, produced,
 or modified such that it—

 (1) Will not cause injury to a human being that is equivalent to or greater than the severity of injury
 caused by a transfer of 11 foot-pounds of kinetic energy upon impact from a rigid object;

 (2) Does not contain any exposed rotating parts that would lacerate human skin upon impact with a
 human being; and

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Operations Over Human Beings


 (3) Does not contain any safety defects.

 (b) The applicant for a declaration of compliance for a small unmanned aircraft that is eligible for use in
 Category 2 operations in accordance with paragraph (a) of this section, must meet all of the following
 requirements for the applicant's unmanned aircraft to be used in Category 2 operations:

 (1) Display a label on the small unmanned aircraft indicating eligibility to conduct Category 2 operations.
 The label must be in English and be legible, prominent, and permanently affixed to the small
 unmanned aircraft.

 (2) Have remote pilot operating instructions that apply to the operation of the small unmanned aircraft
 system. The applicant for a declaration of compliance must make available these instructions upon
 sale or transfer of the aircraft or use of the aircraft by someone other than the applicant who
 submitted a declaration of compliance pursuant to § 107.160. Such instructions must address, at a
 minimum—

 (i) A system description that includes the required small unmanned aircraft system components,
 any system limitations, and the declared category or categories of operation;

 (ii) Modifications that will not change the ability of the small unmanned aircraft system to meet the
 requirements for the category or categories of operation the small unmanned aircraft system is
 eligible to conduct; and

 (iii) Instructions for how to verify and change the mode or configuration of the small unmanned
 aircraft system, if they are variable.

 (3) Maintain a product support and notification process. The applicant for a declaration of compliance
 must maintain product support and notification procedures to notify the public and the FAA of—

 (i) Any defect or condition that causes the small unmanned aircraft to no longer meet the
 requirements of this subpart; and

 (ii) Any identified safety defect that causes the small unmanned aircraft to exceed a low probability
 of casualty.

§ 107.125 Category 3 operations: Operating requirements.
To conduct Category 3 operations, a remote pilot in command—

 (a) Must use a small unmanned aircraft that—

 (1) Is eligible for Category 3 operations pursuant to § 107.130(a);

 (2) Is listed on an FAA-accepted declaration of compliance as eligible for Category 3 operations in
 accordance with § 107.160; and

 (3) Is labeled as eligible for Category 3 operations in accordance with § 107.130(b)(1);

 (b) Must not operate the small unmanned aircraft over open-air assemblies of human beings; and

 (c) May only operate the small unmanned aircraft above any human being if operation meets one of the
 following conditions:

 (1) The operation is within or over a closed- or restricted-access site and all human beings located
 within the closed- or restricted-access site must be on notice that a small unmanned aircraft may fly
 over them; or
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Operations Over Human Beings


 (2) The small unmanned aircraft does not maintain sustained flight over any human being unless that
 human being is—

 (i) Directly participating in the operation of the small unmanned aircraft; or

 (ii) Located under a covered structure or inside a stationary vehicle that can provide reasonable
 protection from a falling small unmanned aircraft.

[Amdt. 107-8, 86 FR 4382, Jan. 15, 2021, as amended by 86 FR 62473, Nov. 10, 2021]


§ 107.130 Category 3 operations: Eligibility of small unmanned aircraft and other applicant
requirements.
 (a) To be eligible for use in Category 3 operations, the small unmanned aircraft must be designed, produced,
 or modified such that it—

 (1) Will not cause injury to a human being that is equivalent to or greater than the severity of the injury
 caused by a transfer of 25 foot-pounds of kinetic energy upon impact from a rigid object;

 (2) Does not contain any exposed rotating parts that would lacerate human skin upon impact with a
 human being; and

 (3) Does not contain any safety defects.

 (b) The applicant for a declaration of compliance for a small unmanned aircraft that is eligible for use in
 Category 3 operations in accordance with paragraph (a) of this section, must meet all of the following
 requirements for the applicant's small unmanned aircraft to be used in Category 3 operations:

 (1) Display a label on the small unmanned aircraft indicating eligibility to conduct Category 3 operations.
 The label must be in English and be legible, prominent, and permanently affixed to the small
 unmanned aircraft.

 (2) Have remote pilot operating instructions that apply to the operation of the small unmanned aircraft
 system. The applicant for a declaration of compliance must make available these instructions upon
 sale or transfer of the aircraft or use of the aircraft by someone other than the applicant who
 submitted a declaration of compliance pursuant to § 107.160. Such instructions must address, at a
 minimum—

 (i) A system description that includes the required small unmanned aircraft system components,
 any system limitations, and the declared category or categories of operation;

 (ii) Modifications that will not change the ability of the small unmanned aircraft system to meet the
 requirements for the category or categories of operation the small unmanned aircraft system is
 eligible to conduct; and

 (iii) Instructions for how to verify and change the mode or configuration of the small unmanned
 aircraft system, if they are variable.

 (3) Maintain a product support and notification process. The applicant for a declaration of compliance
 must maintain product support and notification procedures to notify the public and the FAA of—

 (i) Any defect or condition that causes the small unmanned aircraft to no longer meet the
 requirements of this subpart; and


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 (ii) Any identified safety defect that causes the small unmanned aircraft to exceed a low probability
 of fatality.

§ 107.135 Labeling by remote pilot in command for Category 2 and 3 operations.
If a Category 2 or Category 3 label affixed to a small unmanned aircraft is damaged, destroyed, or missing, a remote
pilot in command must label the aircraft in English such that the label is legible, prominent, and will remain on the
small unmanned aircraft for the duration of the operation before conducting operations over human beings. The
label must correctly identify the category or categories of operation over human beings that the small unmanned
aircraft is qualified to conduct in accordance with this subpart.

§ 107.140 Category 4 operations.
 (a) Remote pilot in command requirements. To conduct Category 4 operations—

 (1) A remote pilot in command—

 (i) Must use a small unmanned aircraft that is eligible for Category 4 operations pursuant to
 paragraph (b) of this section; and

 (ii) Must operate the small unmanned aircraft in accordance with all operating limitations that
 apply to the small unmanned aircraft, as specified by the Administrator.

 (2) No remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air
 assemblies of human beings unless the operation meets the requirements of either § 89.110 or §
 89.115(a) of this chapter.

 (b) Small unmanned aircraft requirements for Category 4. To be eligible to operate over human beings under
 this section, the small unmanned aircraft must—

 (1) Have an airworthiness certificate issued under part 21 of this chapter.

 (2) Be operated in accordance with the operating limitations specified in the approved Flight Manual or
 as otherwise specified by the Administrator. The operating limitations must not prohibit operations
 over human beings.

 (3) Have maintenance, preventive maintenance, alterations, or inspections performed in accordance
 with paragraph (c)(1) of this section.

 (c) Maintenance requirements for Category 4. The owner must (unless the owner enters into an agreement
 with an operator to meet the requirements of this paragraph (c), then the operator must) meet the
 requirements of this paragraph (c):

 (1) Ensure the person performing any maintenance, preventive maintenance, alterations, or inspections:

 (i) Uses the methods, techniques, and practices prescribed in the manufacturer's current
 maintenance manual or Instructions for Continued Airworthiness that are acceptable to the
 Administrator, or other methods, techniques, and practices acceptable to the Administrator;

 (ii) Has the knowledge, skill, and appropriate equipment to perform the work;




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Operations Over Human Beings


 (iii) Performs the maintenance, preventive maintenance, or alterations on the small unmanned
 aircraft in a manner using the methods, techniques, and practices prescribed in the
 manufacturer's current maintenance manual or Instructions for Continued Airworthiness
 prepared by its manufacturer, or other methods, techniques, and practices acceptable to the
 Administrator;

 (iv) Inspects the small unmanned aircraft in accordance with the manufacturer's instructions or
 other instructions acceptable to the Administrator; and

 (v) Performs the maintenance, preventive maintenance, or alterations using parts of such a quality
 that the condition of the aircraft will be at least equal to its original or properly altered
 condition.

 (2) Maintain all records of maintenance, preventive maintenance, and alterations performed on the
 aircraft and ensure the records are documented in a manner acceptable to the Administrator. The
 records must contain the description of the work performed, the date the work was completed, and
 the name of the person who performed the work.

 (3) Maintain all records containing—

 (i) The status of life-limited parts that are installed on, or part of, the small unmanned aircraft;

 (ii) The inspection status of the aircraft; and

 (iii) The status of applicable airworthiness directives including the method of compliance, the
 airworthiness directive number, and revision date. If the airworthiness directive involves
 recurring action, the record must contain the time and date of the next required action.

 (4) Retain the records required under paragraphs (c)(2) and (3) of this section, as follows:

 (i) The records documenting maintenance, preventive maintenance, or alterations performed must
 be retained for 1 year from when the work is completed or until the maintenance is repeated or
 superseded by other work.

 (ii) The records documenting the status of life-limited parts, compliance with airworthiness
 directives, and inspection status of the small unmanned aircraft must be retained and
 transferred with the aircraft upon change in ownership.

 (5) Ensure all records under paragraphs (c)(2) and (3) of this section are available for inspection upon
 request from the Administrator or any authorized representative of the National Transportation
 Safety Board (NTSB).

 (d) Compliance with parts 43 and 91 of this chapter. Compliance with part 43 and part 91, subpart E, of this
 chapter fulfills the requirements in paragraphs (b)(3) and (c) of this section.

[Amdt. 107-8, 86 FR 4383, Jan. 15, 2021; 86 FR 13633, Mar. 10, 2021]


§ 107.145 Operations over moving vehicles.
No person may operate a small unmanned aircraft over a human being located inside a moving vehicle unless the
following conditions are met:

 (a) The operation occurs in accordance with § 107.110 for Category 1 operations; § 107.115 for Category 2
 operations; § 107.125 for Category 3 operations; or § 107.140 for Category 4 operations.
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Operations Over Human Beings


 (b) For an operation under Category 1, Category 2, or Category 3, the small unmanned aircraft, throughout the
 operation—

 (1) Must remain within or over a closed- or restricted-access site, and all human beings located inside a
 moving vehicle within the closed- or restricted-access site must be on notice that a small unmanned
 aircraft may fly over them; or

 (2) Must not maintain sustained flight over moving vehicles.

 (c) For a Category 4 operation, the small unmanned aircraft must—

 (1) Have an airworthiness certificate issued under part 21 of this chapter.

 (2) Be operated in accordance with the operating limitations specified in the approved Flight Manual or
 as otherwise specified by the Administrator. The operating limitations must not prohibit operations
 over human beings located inside moving vehicles.

§ 107.150 Variable mode and variable configuration of small unmanned aircraft systems.
A small unmanned aircraft system may be eligible for one or more categories of operation over human beings under
this subpart, as long as a remote pilot in command cannot inadvertently switch between modes or configurations.

§ 107.155 Means of compliance.
 (a) Establishment of compliance. To meet the requirements of § 107.120(a) for operations in Category 2, or
 the requirements of § 107.130(a) for operations in Category 3, the means of compliance must consist of
 test, analysis, or inspection.

 (b) Required information. An applicant requesting FAA acceptance of a means of compliance must submit the
 following information to the FAA in a manner specified by the Administrator:

 (1) Procedures. Detailed description of the means of compliance, including applicable test, analysis, or
 inspection procedures to demonstrate how the small unmanned aircraft meets the requirements of
 § 107.120(a) for operations in Category 2 or the requirements of § 107.130(a) for operations in
 Category 3. The description should include conditions, environments, and methods, as applicable.

 (2) Compliance explanation. Explanation of how application of the means of compliance fulfills the
 requirements of § 107.120(a) for operations in Category 2 or the requirements of § 107.130(a) for
 operations in Category 3.

 (c) FAA acceptance. If the FAA determines the applicant has demonstrated compliance with paragraphs (a)
 and (b) of this section, it will notify the applicant that it has accepted the means of compliance.

 (d) Rescission.

 (1) A means of compliance is subject to ongoing review by the Administrator. The Administrator may
 rescind its acceptance of a means of compliance if the Administrator determines that a means of
 compliance does not meet any or all of the requirements of this subpart.

 (2) The Administrator will publish a notice of rescission in the FEDERAL REGISTER.

 (e) Inapplicability of part 13, subpart D, of this chapter. Part 13, subpart D, of this chapter does not apply to the
 procedures of paragraph (a) of this section.



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Operations Over Human Beings


§ 107.160 Declaration of compliance.
 (a) Required information. In order for an applicant to declare a small unmanned aircraft is compliant with the
 requirements of this subpart for Category 2 or Category 3 operations, an applicant must submit a
 declaration of compliance for acceptance by the FAA, in a manner specified by the Administrator, that
 includes the following information:

 (1) Applicant's name;

 (2) Applicant's physical address;

 (3) Applicant's email address;

 (4) The small unmanned aircraft make and model name, and series, if applicable;

 (5) The small unmanned aircraft serial number or range of serial numbers that are the subject of the
 declaration of compliance;

 (6) Whether the declaration of compliance is an initial declaration or an amended declaration;

 (7) If the declaration of compliance is an amended declaration, the reason for the re-submittal;

 (8) The accepted means of compliance the applicant used to fulfill requirements of § 107.120(a) or §
 107.130(a) or both;

 (9) A declaration that the applicant—

 (i) Has demonstrated that the small unmanned aircraft, or specific configurations of that aircraft,
 satisfies § 107.120(a) or § 107.130(a) or both, through the accepted means of compliance
 identified in paragraph (a)(8) of this section;

 (ii) Has verified that the unmanned aircraft does not contain any safety defects;

 (iii) Has satisfied § 107.120(b)(3) or § 107.130(b)(3), or both; and

 (iv) Will, upon request, allow the Administrator to inspect its facilities, technical data, and any
 manufactured small unmanned aircraft and witness any tests necessary to determine
 compliance with this subpart; and

 (10) Other information as required by the Administrator.

 (b) FAA acceptance. If the FAA determines the applicant has demonstrated compliance with the requirements
 of this subpart, it will notify the applicant that it has accepted the declaration of compliance.

 (c) Notification of a safety issue. Prior to initiating rescission proceedings pursuant to paragraphs (d)(1)
 through (3) of this section, the FAA will notify the applicant if a safety issue has been identified for the
 declaration of compliance.

 (d) Rescission.

 (1) No person may operate a small unmanned aircraft identified on a declaration of compliance that the
 FAA has rescinded pursuant to this subpart while that declaration of compliance is rescinded.

 (2) The FAA may rescind a declaration of compliance if any of the following conditions occur:

 (i) A small unmanned aircraft for which a declaration of compliance was accepted no longer
 complies with § 107.120(a) or § 107.130(a);


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 (ii) The FAA finds a declaration of compliance is in violation of § 107.5(a); or

 (iii) The Administrator determines an emergency exists related to safety in accordance with the
 authority in 49 U.S.C. 46105.

 (3) If a safety issue identified under paragraph (c) of this section has not been resolved, the FAA may
 rescind the declaration of compliance as follows:

 (i) The FAA will issue a notice proposing to rescind the declaration of compliance. The notice will
 set forth the Agency's basis for the proposed rescission and provide the holder of the
 declaration of compliance with 30 calendar days from the date of issuance of the proposed
 notice to submit evidentiary information to refute the proposed notice.

 (ii) The holder of the declaration of compliance must submit information demonstrating how the
 small unmanned aircraft meets the requirements of this subpart within 30 calendar days from
 the date of issuance of the proposed notice.

 (iii) If the FAA does not receive the information required by paragraph (d)(3)(ii) of this section within
 30 calendar days from the date of the issuance of the proposed notice, the FAA will issue a
 notice rescinding the declaration of compliance.

 (4) If the Administrator determines that an emergency exists in accordance with paragraph (d)(2)(iii) of
 this section, the FAA will exercise its authority under 49 U.S.C. 46105(c) to issue an order rescinding
 a declaration of compliance without initiating the process in paragraph (d)(3) of this section.

 (e) Petition to reconsider the rescission of a declaration of compliance. A person subject to an order of
 rescission under paragraph (d)(3) of this section may petition the FAA to reconsider the rescission of a
 declaration of compliance by submitting a request to the FAA in a manner specified by the Administrator
 within 60 days of the date of issuance of the rescission.

 (1) A petition to reconsider the rescission of a declaration of compliance must demonstrate at least one
 of the following:

 (i) A material fact that was not present in the original response to the notification of the safety
 issue and an explanation for why it was not present in the original response;

 (ii) The FAA made a material factual error in the decision to rescind the declaration of compliance;
 or

 (iii) The FAA did not correctly interpret a law, regulation, or precedent.

 (2) Upon consideration of the information submitted under paragraph (e)(1) of this section, the FAA will
 issue a notice either affirming the rescission or withdrawing the rescission.

 (f) Inapplicability of part 13, subpart D, of this chapter. Part 13, subpart D, of this chapter does not apply to the
 procedures of paragraphs (d) and (e) of this section.

§ 107.165 Record retention.
 (a) A person who submits a declaration of compliance under this subpart must retain and make available to
 the Administrator, upon request, the information described in paragraph (a)(1) of this section for the
 period of time described in paragraph (a)(2) of this section.

 (1) All supporting information used to demonstrate the small unmanned aircraft meets the requirements
 of §§ 107.120(a), for operations in Category 2, and 107.130(a), for operations in Category 3.

14 CFR 107.165(a)(1) (enhanced display) page 9 of 10

 Page 50
14 CFR Part 107 Subpart D (up to date as of 9/08/2025)
 14 CFR 107.165(a)(2)
Operations Over Human Beings


 (2) The following time periods apply:

 (i) If the person who submits a declaration of compliance produces a small unmanned aircraft,
 that person must retain the information described in paragraph (a)(1) of this section for two
 years after the cessation of production of the small unmanned aircraft system for which the
 person declared compliance.

 (ii) If the person who submits a declaration of compliance designs or modifies a small unmanned
 aircraft, that person must retain the information described in paragraph (a)(1) of this section for
 two years after the person submitted the declaration of compliance.

 (b) A person who submits a means of compliance under this subpart must retain and make available to the
 Administrator, upon request, and for as long as the means of compliance remains accepted, the detailed
 description of the means of compliance and justification showing how the means of compliance meets
 the requirements of §§ 107.120(a), for operations in Category 2, and 107.130(a), for operations in
 Category 3.




14 CFR 107.165(b) (enhanced display) page 10 of 10

 Page 51
City of Portland | Corporation Counsel
Michael Goldman, Corporation Counsel



To: Health and Human Services and Public Safety Committee
Councilor Anna Bullett, Chair




MEETING DATE
October 14, 2025

AGENDA ITEM
Agenda Item 7 - Police Citizen Review Board Ordinance

PURPOSE
The City Council referred this item to the Committee for additional review and a recommendation
to the City Council. Public Comment will be taken.

COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT
This item is not identified in either the committee’s work plan or the City Council’s 2025
priorities. However, this item stems from the 2022 voter approval of Article IX of the Portland City
Charter, which requires the City Council to adopt a supporting ordinance.

BACKGROUND/ANALYSIS
A July 28, 2025 memo from Corporation Counsel to the City Council (Attachment A) provides
background information on this issue. The remaining attachments include Article IX of the
Portland City Charter approved by voters in 2022, followed by draft changes to Chapter 2 of the
Portland City Code, and a letter from the existing members of the Police Citizen Review
Subcommittee.

Draft changes to Chapter 2 of the Portland City Code (Attachment C) have been in development
since 2023 and have been the subject of several City Council workshops. In referring this item to
the Health-Human Services and Public Safety Committee, the City Council is asking the
Committee to 1) identify, and attempt to address, any remaining open issues, and 2) recommend a
proposed ordinance for City Council approval.

FISCAL IMPACT
No direct material fiscal impact is anticipated as a result of the ordinance. At present, staff
anticipate that the work contemplated by the ordinance can be handled with existing personnel.

CONCLUSION(S)
This item is for information and discussion.




 1

 Page 52
PRIOR COMMITTEE REVIEW
N/A

PREPARED BY

Rachel Millette
Associate Corporation Counsel
Corporation Counsel


ATTACHMENTS
Attachment A - Corporation Counsel Memo to the City Council (July 28, 2025)
Attachment B - Portland City Charter Article IX
Attachment C - Draft Changes to Chapter 2 of Portland City Code
Attachment D - Letter from Members of Police Citizen Review Subcommittee (July 9, 2025)




 2

 Page 53
 Office of Corporation Counsel
 Michael Goldman, Corporation Counsel
 Amy R. McNally, Associate Corporation Counsel
 Nicole M. Albert, Associate Corporation Counsel
 Rachel L. Millette, Associate Corporation Counsel
 Avery A. Dandreta, Associate Corporation Counsel




 MEMORANDUM

To:​ ​ Mayor Dion​& Members of City Council

From: ​ Associate Corporation Counsel Rachel Millette​

Date: ​ July 28, 2025​ ​

Subject:​ Public Update on Ordinance Implementing Civilian Police Review
 Board​
_____________________________________________________________________________
 _

 During the November 2022 election, Ballot Question #7 - Civilian Police
Review Board was approved by the voters and resulted in the addition of Article
IX to the City Charter as of July 1, 2023. Article IX instructs the City Council to
implement an ordinance which creates a new Civilian Police Review Board (the
“New Board”), which will replace the existing Police Citizen Review
Subcommittee (the “PCRS”). The New Board, like the existing PCRS, is charged
with reviewing the Police Department’s internal affairs investigations. This
memo provides an update regarding the current status of the draft ordinance
which would create the New Board.


Timeline of Events
 ●​ November 2022 - Voters approve the amendment to the City Charter
 adding Article IX and requiring the creation of the New Board. (See Article
 IX attached)
 ●​ June 21, 2023 - City Council holds a workshop to discuss the broad outlines
 of the ordinance, specifically with respect to issues not addressed by the
 Charter. These included eligibility criteria for New Board members and the



 389 Congress Street, Room 211 Portland, Maine 04101 | t: 207-874-8480

 Page 54
 appeal process to the City Council. Following this meeting, Corporation
 Counsel’s office prepared a draft ordinance.
 ●​ July 1, 2023 - The new charter language goes into effect.
 ●​ August 29, 2023 - Following review of the draft ordinance over the course
 of a few public meetings, the PCRS issues a letter to the City Council with
 their recommendations regarding the draft ordinance.
 ●​ September 25, 2023 - The City Council holds a second workshop during
 which it reviews the draft ordinance. Based on the City Council’s feedback,
 Corporation Counsel’s office revises the draft ordinance.
 ●​ October 2023 - The process of meeting to discuss the ordinance with the
 City’s two police unions began, including multiple meetings with the City
 Council in executive session to discuss the bargaining process.
 ●​ March 10, 2025 - Following an executive session regarding bargaining with
 the police unions concerning the ordinance, the City Council decided to
 hold another public workshop regarding the draft ordinance.
 ●​ July 9, 2025 - The PCRS, following review of the updated draft ordinance in
 a public meeting, issued a letter to the City Council. (See PCRS Letter
 attached)


Current Draft of the Ordinance
​ The current draft of the ordinance, following the process outlined in the
timeline above, is attached hereto. (See Draft Ordinance attached)




 389 Congress Street, Room 211 Portland, Maine 04101 | t: 207-874-8480



 Page 55
City of Portland Charter
Code of Ordinances
Article VIII Rev. 12-6-12




 ARTICLE IX: CIVILIAN POLICE REVIEW BOARD

Section 1. Purposes, composition, term, appointment, first board,
qualifications, vacancies, removal, compensation.

 (a) Purposes. For the purposes of increasing public trust
and confidence in the Portland Police Department, there shall be
a civilian police review board.




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City of Portland Charter
Code of Ordinances
Article IX Rev. 7-1-2023


 (b) Composition, term, appointment, first board. The
civilian police review board shall be composed of nine (9) or
more members who shall hold office, except as hereinafter
provided, for a term of three (3) years unless appointed to fill
a vacancy, and until their successors are appointed and
qualified, but in no case longer than 120 days after expiration
of their term. A minimum of four (4) voting members shall be
appointed by the city council, one (1) voting member shall be
appointed by the mayor and three (3) non-voting members shall be
appointed by the city council. A majority of the total number
of voting members appointed shall constitute a quorum of the
board and the board shall act by a majority of voting members
present and voting.

 For the first board appointed following its creation, the
city council and mayor shall first select from the current
members of the police citizen review subcommittee, currently
established by City ordinance, which subcommittee shall be
supplanted by the board, in making appointments to the board.
On the first board, two voting members shall serve for a one (1)
year term, two voting members shall serve for a two (2) year
term, and the voting member appointed by the mayor shall serve
for a three (3) year term; and one non-voting member shall serve
for a one (1) year term, one non-voting member shall serve for a
two (2) year term, and one non-voting member shall serve for a
three (3) year term. Thereafter, all members shall serve for a
term of three (3) years. No person shall be appointed to, nor
serve, more than three (3) consecutive full terms or nine (9)
consecutive years, whichever is greater, on the board.
Following appointment of the first board, the city council shall
exercise its power of appointment only after the city clerk has
published a notice announcing the availability of board
positions, describing the responsibilities thereof and
soliciting applications by qualified persons, in a newspaper of
general circulation at least 15 days before the city council
acts to appoint to the board.




 Page 57
City of Portland Charter
Code of Ordinances
Article IX Rev. 7-1-2023


 (c) Qualifications. All candidates for the civilian police
review board must be at least 18 years of age and must be
residents of the City for a period of at least three (3) months
prior to the date on or before which the board member is to be
seated.

 (d) Vacancies and Removal. The City Council shall provide
by ordinance procedures for vacancies and removal of members.

 (e) Training. Prior to assuming their duties hereunder,
civilian police review board members shall attend training
provided by city staff as to the board’s duties and
responsibilities, applicable state and local law, ordinances and
rules and regulations, accepted police practices and the police
department’s internal affairs investigation process.

 (f) Confidentiality. Each member of the civilian police
review board is obligated to maintain the confidentiality of all
information and documents either provided to or reviewed by
them, in accordance with state law. Failure to maintain such
confidentiality will constitute “cause” for removal from the
board under (d) above. All reports prepared by the board and
all requests received by the board for disclosure of any
information or documents in the custody of the board or its
members shall be referred to the corporation counsel for review
prior to release.

 (g) Transition. The city council shall promptly consider
and enact an ordinance to implement this Article, which
ordinance upon its effective date also shall repeal the existing
Police Citizen Review Committee ordinance provisions in Chapter
2, Art. IV, Div. 4 of the Code of Ordinances, City of Portland,
Maine.
(Referendum 11/8/2022)




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City of Portland Charter
Code of Ordinances
Article IX Rev. 7-1-2023


Section 2. Powers and duties.

 (a) Complaints. The civilian police review board shall
receive all complaints brought by civilians regarding the
Portland police department and shall refer such complaints to
the Portland police internal affairs department. Members of the
police department may bring complaints to the board, to internal
affairs, or to command; the board shall refer any such
complaints it receives to internal affairs. Portland police
department command shall review internal affairs draft findings
on complaints and shall submit its report on the conclusions of
any investigation on complaints to the board for consideration
no more than fourteen (14) days after the findings become final
and after any final disciplinary action has been taken and all
appeals exhausted or settled or the case has been closed with no
disciplinary action. Neither police officers nor their
representatives may file complaints regarding disciplinary
actions or personnel matters under this subsection.

 (b) Review, reports. The board shall review all final
investigation reports submitted by internal affairs and/or
command staff under Section 2. (a) above for due process issues,
including but not limited to, issues of fairness, thoroughness,
objectivity, and timeliness. Although it shall have access to
individual internal affairs reports in order to review
investigative methods and procedures, all reports of the board
issued to address complaints filed under Section 2. (a) above
shall be done in such a manner that particular complainants,
witnesses and officers are not personally identifiable. Reports
of the board shall be made available to the public to the extent
consistent with the State Freedom of Access Act, 1 M.R.S.A. Sec.
401 et seq.

 (c) Appeals. The city council shall by ordinance adopt an
appeal process consistent with federal, state, and local law for
persons aggrieved by a report issued by the civilian police
review board on complaints filed with the board under Section 2.
(a) above to appeal that board report to the city council or
such other body as the city council may designate or create for




 Page 59
City of Portland Charter
Code of Ordinances
Article IX Rev. 7-1-2023


a hearing, in executive session where required, and for the
issuance of an advisory opinion which shall not be legally
binding on the city, the police department, police officers, or
individuals, and which hearing and advisory opinion shall not
include or address any disciplinary proceedings. Neither police
officers nor their representatives may file appeals regarding
disciplinary actions or personnel matters under this subsection.

 (d) Policy. The civilian police review board shall be able
to make policy recommendations to the mayor, the city council,
and the chief of police.

 (e) Annual report, communications, additional duties. The
civilian police review board shall hold a public hearing at
least annually to receive comments upon the community complaint
process and to engage City residents as to the board’s purposes
and goals, and shall prepare and present to the mayor, city
council, and chief of police an annual report, including but not
be limited to, policy and funding recommendations, and the
number of complaints submitted to the board and the number of
complaints resolved during the previous year. Any
recommendations made by the board regarding the police
department shall be based on policy evaluations, may be assigned
by the city council and mayor to staff for research, and may be
enacted or implemented. The board also may, in its discretion,
address the city council on an as-needed basis. The city
council and mayor may add to the board’s duties by ordinance at
any time.

 (f) Board Officers & Procedural Rules. The civilian police
board shall annually elect one of its members to serve as chair,
and shall annually elect one of its members to serve as vice-
chair, to serve in the absence of the chair. The City Council
shall by ordinance establish rules of procedure and board member
roles. The board may recommend such rules to the City Council.
(Referendum 11/8/2022)




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City of Portland Charter
Code of Ordinances
Article IX Rev. 7-1-2023


Section 3. Funding, staff, resources.

 (a) Funding, staff. The civilian police review board shall
be funded as needed by the city council through the annual
budget. Such funding shall include professional staff,
including but not limited to a “Community Liaison” and a “Police
Liaison” familiar with Portland police department standard
operating procedures. The city council shall decide whether the
community liaison and police liaison positions are part-time or
full-time and/or whether the duties of these positions may be
assigned to existing employees. The community liaison shall
serve at the direction of the board and shall ensure the public
is aware of the methods for filing complaints, and shall assist
the board with carrying out its duties, powers and functions,
conducting outreach and with other duties as the board may
assign. The board may request additional funding from the city
council at any time. The police liaison may be the same
person/position as the “technical advisor” described in Section
3(b) below.

 (b) Resources. The city shall make available to the board
the services of a technical advisor, as needed by the board.
The technical advisor may be used for the purposes of training;
briefing the board on accepted police practices, applicable law
and issues relevant to the discharge of the citizen review
function; and educating the board on aspects of the internal
investigation process. The technical advisor shall be retained
by the city manager after consultation with the chief of police,
representatives of the police unions and the chair of the board.
Any person who presently maintains any business or professional
affiliation with the police department shall be disqualified
from serving as technical advisor. The city shall further make
available all internal affairs investigation reports and police
documents relevant to such investigations which are necessary
for the board to conduct its duties hereunder. In no case shall
the board have access to police officers’ personnel records
except to the extent that they are part of an internal affairs




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City of Portland Charter
Code of Ordinances
Article IX Rev. 7-1-2023


investigation report or are considered a public document under
the Maine Freedom of Access Act.

 (c) Coordination. The board shall work in conjunction with
the City’s communications department, internal affairs, and any
other city departments or offices to effectuate all powers and
duties granted to it in this charter and any additional duties
assigned to it by the city council or mayor.
(Referendum 11/8/2022)




 Page 62
City of Portland, Maine Administration
Code of Ordinances Chapter 2
Sec.2-22 rev. 1-6-10

 Chapter 2 ADMINISTRATION*

----------
 *Charter reference(s)--Powers and duties, art. I, § 2.

 Cross reference(s)--Ordinances promising or guaranteeing the payment of money
for the city, or authorizing the issuance of any bonds in the city or any evidence of
the city's indebtedness, or any contract or obligation assumed by the city saved from
repeal, §1-4(1); ordinances making any appropriations saved from repeal, § 1-4(4);
ordinances prescribing the number, classification or compensation of any city officers
or employees saved from repeal, § 1-4(10); ordinances providing for retirement
benefits saved from repeal, § 1-4(11); uniform procedure for collecting assessments, §
1-16; elections, Ch. 9; general assistance, Ch. 13; planning board, § 14-16 et seq.;
administration and enforcement of zoning, § 14-461 et seq.; jurisdiction of board of
appeals for zoning, § 14-471 et seq.; board of appeals, § 14-541 et seq.; historic
preservation, § 14-600 et seq.; licenses and permits, Ch. 15; police, Ch. 20; special
police, § 20-16 et seq.; administration and enforcement of traffic regulations, §
28-11 et seq.; traffic division, § 28 et seq.; traffic engineer, § 28-21 et seq.;
parking division, § 28-41 et seq.
----------

Art. I. In General, §§ 2-1 —- 2-15
Art. II. Officers, §§ 2-16--2-30
 Div. 1. Generally, §§2-16—2-20
 Div. 2. Prohibition on Immigration Status Checks §§2-21—2-30
Art. III. Boards, Commissions, Committees, etc., §§ 2-31--2-40
Art. III-A. Portland Land Bank Commission; Fund, §§ 2-41—2-45
Art. IV. Civil Service, §§ 2-46--2-90
 Div. 1. Generally, §§ 2-46
 Div. 2. Civil Service Employment Commission, §§ 2-47--2-57
 Div. 3. Employment SubcommitteeFire and Police Department
Employment, §§ 2-58—2-75
 Div. 4. Police Citizen Review Subcommittee, §§ 2-76—2-90
Art. IV-A. Civilian Police Review Board, §§ 2-76—2-90
Art. V. Employee Benefits, §§ 2-91--2-200
 Div. 1. Generally, §§ 2-91--2-100
 Div. 2. Retirement, §§ 2-101--2-200
Art. VI. Funds Due to City, §§ 2-201--2-300
 Div. 1. Generally, §§ 2-201--2-220
 Div. 2. Provisional Payments, §§ 2-221--2-229
 Div. 3. Interest, §§ 2-230--2-300
Art. VII. Procurement and Contracting Procedures, §§ 2-301--2-400
 Div. 1. Generally, § 2-301
 Div. 2. Competitive Process for Contracts, §§ 2-302-2-312
 Div. 3. Sale or Disposal of Real or Personal Property §§ 2-
 313-2-400
Art. VIII. Civil Emergency Preparedness, §§ 2-401--2-415
Art. X. Exemption from Vehicle Excise Tax for Certain Military
Personnel, §§ 2-436--2-437

* * *




 Page 63
City of Portland Administration
Code of Ordinances Chapter 2
Sec. 2-3 Rev. 1-6-10

 ARTICLE III. BOARDS, COMMISSIONS, COMMITTEES, ETC.*


----------
 *Cross reference(s)--Civil service commission, § 2-66 et seq.; planning board, §
14-16 et seq.; jurisdiction of board of appeals for zoning, § 14-471 et seq.; board of
appeals, § 14-541 et seq.; historic preservation committee, § 14-603 et seq.; friends
of the parks, § 18-10.
----------

Sec. 2-31. Oath of office.

 (a) All persons appointed by the City Council to membership on
any board or commission of the City shall, prior to taking office as
such member, be sworn to the faithful discharge of their duties by the
City Clerk, Justice of the Peace, or Notary Public.

 (b) The form of such oath shall be as follows:

 I, ________, do solemnly swear that I will support the
 Constitution of the United States and of this State, so long as I
 shall continue a citizen thereof, and that I will faithfully
 discharge, to the best of my abilities, the duties incumbent upon
 me as a member of ________, according to said Constitutions and
 the laws of this State and ordinances of this City.

 ____________
 State of Maine
County of Cumberland, ss. ____

 I, ________, certify that ________ personally appeared before
 me on this day and took the above oath.

 _____________
 City Clerk
 Justice of the Peace
 Notary Public
(Code 1968, §§ 204.1, 204.2; Ord. No. 478-73, 7-16-73)

Sec. 2-32. Limitation on term of service--Generally.

 (a) No person shall be appointed to, nor serve, more than three
(3) consecutive full terms or nine (9) consecutive-years, whichever is
greater, on the same board or commission of the city.

 (b) Except as otherwise specified in the Charter, Tthe foregoing
limitation shall apply only to service as a regular voting member of
the board or commission, and not to service as an alternate nor as a
nonvoting member.

 (c) To the extent that this Code provides for a different
limitation on the term of service for a specific board or commission,
the limitation provided in this article shall apply.

 Page 64
City of Portland Administration
Code of Ordinances Chapter 2
Sec. 2-5 Rev. 1-6-10

(Ord. No. 301-91, 4-1-91; Ord. No. 118-08/09, 12-1-08)

Sec. 2-33. Applicability.

 (a) The above limitation on terms shall apply to the following
boards and commissions:

 (1) Board of appeals;

 (2) Board of assessment review;

 (3) Reserved;

 (4) Cable television committee (CATV);

 (5) Civil service commission employment subcommitteecommission;

 (6) Civil service commission police citizen review
 subcommitteeCivilian police review board;

 (7) Community development block grant allocation committee;

 (8) Friends of the parkParks commission;

 (9) Historic preservation committee;

 (10) Land bank commission;

 (11) Planning board; and

 (12) Portland public art committee;

 (b) Except as otherwise specified in the Charter, Tthe above
limitation on terms shall not be applied retroactively and shall apply
to any person serving on one (1) of the above-named boards or
commissions on the effective date of this section (5/1/91) beginning
with the expiration of the term in which they are so serving.
Notwithstanding the foregoing, the limitation on terms shall be applied
to members serving on the boards and commissions identified in section
2-33, subsection (a), paragraphs 5,6,7 and 12, beginning with the
expiration of the term of any sitting board or commission member
following the passage of this amendment.

---------
 *Editor’s Note—In reference to Section 2-33(b) above, “passage of this
amendment” refers to Council Order 118-08/09, passed on December 1, 2008.
---------

 (c) Nothing herein shall prevent consecutive appointment of any
person to a different board or commission from that on which he or she
has served the maximum consecutive time.

 (d) In the case of the board of harbor commissioners, such

 Page 65
City of Portland Administration
Code of Ordinances Chapter 2
Sec. 2-6 Rev. 6-4-2018

limitation shall apply only to the two (2) members appointed by the
City Council.

 (e) Any member on the above-named boards or commissions who
completes the maximum years of service prior to the expiration of his
or hertheir term shall be allowed to complete that term of service and
to continue to serve after expiration of that term until a successor is
appointed and qualified, provided such service shall not continue in
excess of one hundred twenty (120) days after expiration of the term.

 (f) If an individual who served as a member of the police citizen
review subcommittee is appointed to serve on the civilian police review
board, the years that the individual served on the police citizen
review subcommittee and the years served on the civilian police review
board will count toward the nine-year limitation in section 2-32(a).
(Ord. No. 301-91, 4-1-91; Substitute Ord. No. 233-99, §2, 4-5-99; Ord. No. 118-08/09,
12-1-08; Ord. No. 219-17/18, 6-4-2018)

Sec. 2-34. Period of ineligibility.

 Any person who completes the maximum terms or years of service on
a board or commission shall be ineligible for reappointment to that
board or commission for a period of three (3) consecutive calendar
years from the date of completion of such maximum terms or years of
service.
(Ord. No. 301-91, 4-1-91; Ord. No. 118-08/09, 12-1-08)

Sec. 2-35. Reserved.
Sec. 2-36. Reserved.
Sec. 2-37. Reserved.
Sec. 2-38. Reserved.
Sec. 2-39. Reserved.
Sec. 2-40. Tenure of Directors of the Board of the Greater Portland
Transit District.

 Each Director of the board of the Greater Portland Transit
District representing the City of Portland on the effective date of
this amendment, or thereafter, shall be appointed annually for a term
of one (1) year and until his or hertheir successor is appointed. Each
Director so appointed shall serve at the pleasure of the City Council.
(Ord. No. 659-86, § 1, 6-16-86)

* * *


 ARTICLE IV. CIVIL SERVICE*

----------
 *Charter reference(s)--Mandate for civil service, Art. VI, § 3.
 *Cross reference(s)--Commissions generally, § 2-31 et seq.

 *Cross reference(s)--32 M.R.S.A. § 7166 (Limitation on use of polygraph in
employment)


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City of Portland Administration
Code of Ordinances Chapter 2
Sec. 2-14 Rev. 1-6-10


 *Editor's Note--The Civil Service Ordinance was substantially reorganized
and revised by Council Order No. 89-02/03, 11-4-02.
----------

 DIVISION 1. GENERALLY

Sec. 2-46. Definitions.

 The following words and phrases, when used in this article, shall
having the meanings respectively ascribed to them unless the context
otherwise indicates:

 Cause. In the case of a member, "cause" shall mean just cause and
shall include any act or omission which constitutes legal cause and
includes, but is not limited to: violation of any departmental rule or
rules; incompetent or inefficient performance of duty; or inattention
to or dereliction of duties; insubordination; discourteous treatment of
the public or a fellow employee; violation of any provision of this
article or the rules adopted thereunder, whether such violation may
result in a forfeiture of office hereunder, or not; job suitability or
physical unfitness to perform the normal duties of the position which
the member holds; the use of intoxicating liquors, narcotics, or any
other drug, liquid, or preparation on duty, or to such an extent that
such use interferes with the efficiency or job suitability or physical
fitness of the member, or prevents the member from properly performing
the normal functions and duties of his or hertheir position;
misconduct; the commission of any disqualifying criminal offense;
failure to report to the appropriate superior; errors, incompetence,
misconduct, inefficiency, neglect of duty, or any other form of
misconduct or negligence of which the member has knowledge; and any
other acts or omissions which would tend to directly discredit or
injure the public service or would jeopardize the effective functioning
of the department. In the case of a civil service employment
commissioner or alternate, "cause" shall include any act or omission
which constitutes legal cause, and includes but is not limited to:
incompetent or inefficient performance of duty; unexcused absences from
commission meetings; violation of any provision of this article or the
rules adopted thereunder, whether such violation may result in a
forfeiture of office hereunder, or not; the commission or conviction
for any disqualifying criminal offense, or any action by the Civil
Service Commissioner or alternate intended to affect or influence, or
which could reasonably be expected to affect or influence any decision
of the City Manager, the Chief of either department, or the City
Council with respect to the department, or of any member of the
department with respect to the performance of his or hertheir duty.

 Charge means a written statement to the member describing the act
or omission constituting cause for action taken or proposed to be
taken.
 2-5
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City of Portland Administration
Code of Ordinances Chapter 2
Sec. 2-15 Rev. 2-5-2018


 Civil service commission means collectively the two independent
subcommittees constituting the commission, i.e. the employment
subcommittee and the police citizen review subcommittee.

 Demotion means any reduction in rank within the department but
shall not include any economic layoff.

 Director of human resources shall mean the person designated by
the City Manager to act as Director of Personnel for the City and his
or hertheir designees (also referred to herein as the "Director").

 Member means any firefighter, fire officer, police officer, or
superior officer appointed hereunder to any rank within the fire or
police departments, except the chiefs thereof.

 Promotion means any advancement in rank within the department,
other than the rank of chief.

 Rank means the position classification of any member to which he
or she has been appointed hereunder within the fire department or
police department but shall not include any contractual or other pay
differentials between functions or grades within each rank.

 Relative means grandfather, grandmother, father, mother, son,
daughter, grandson, granddaughter, brother, sister, uncle, aunt, first
cousin, nephew, niece, husband, wife, domestic partner, father-in-law,
mother-in-law, son-in-law, daughter-in-law, brother-in-law,
sister-in-law, step-father, step-mother, step-son, step-daughter,
step-brother, step-sister, half-brother, or half-sister, whether by
half-blood or full blood, and whether by consanguinity or affinity.

(Code 1968, § 201.1; Ord. No. 89-80, 7-7-80; Ord. No. 433-82, § 1, 3-15-82; Ord.
No. 299-86, 1-22-86; Ord. No. 288-90, 4-2-90; Ord. No. 117-95, 11-20-95; Ord. No.
184-97, 1-22-97; Substitute Ord. No. 83-01/02, § 4, 11-5-01; Ord. No. 143-17/18,
2-5-2018)

 DIVISION 2. CIVIL SERVICE EMPLOYMENT COMMISSION*

Sec. 2-47. Created.

 There is hereby created a civil service employment commission,
also referred to in this article as the commission. The commission
shall consist of two separate and independent subcommittees as follows:
 the civil service employment subcommittee and the civil service police
citizen review subcommittee. Commissioners shall be appointed to, and
serve on, one of the two subcommittees only.
(Code 1968, § 201.3; Ord. No. 89-80, 7-7-80; Ord. No. 299-86, 1-22-86; Ord. No.
288-90, 4-2-90; Ord. No. 117-95, 11-20-95; Ord. No. 184-97, 1-22-97; Substitute
Ord. No. 83-01/02, § 3, 11-5-01)


Sec. 2-48. Composition.
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 (a) The Civil Service Employment Subcommittee of the Civil
Service Commission shall consist of three (3) commissioners and one
(1) alternate who shall serve in the absence of any commissioner.

 (b) The police citizen review subcommittee shall consist of seven
(7) commissioners who shall serve in the absence of any commissioner.
(Code 1968, § 201.3; Ord. No. 89-80 7-7-80; Ord. No. 299-86, 1-22-86; Ord. No.
117-95, 11-20-95; Ord. No. 184-97, 1-22-97; Substitute Ord. No. 83-01/02, § 3, 11-
5-01; Ord. No. 143-17/18, 2-5-2018)

Sec. 2-49. Qualifications.

 (a) Qualifications of commissioners. Every civil service
employment commissioner and alternate shall be a resident of the City
of Portland. In addition, the following persons shall not be eligible
for appointment to, or service on the Commission:

 (1) Any present or former employee of the city or school
 department, who was employed by the city or school department
 within the previous one ten (10) year periods;

 (2) Any present or former member of the City Council or School
 Board, who has held that position in the previous one ten
 (10) years period; or

 (3) Any civil service employment commissioner who has completed
 three (3) consecutive full terms of three (3) years as
 provided in Chapter 2, Article III;

 (4) Any individual presently serving as a member of the civilian
 police review board; or.

 (5b) Any relative of a present member of the police or fire
 departments. Additional subcommittee eligibility
 requirements:

 (1) Employment subcommittee. The following persons shall not be
 eligible to serve on the employment subcommittee:

 any relative of a present member of the police or fire
 departments.

 (2) Police Citizen Review Subcommittee. In order to ensure an
 objective and unbiased audit of the police department’s
 internal affairs investigation process, any applicant for
 service on the citizen review subcommittee shall be
 disqualified from serving on said subcommittee if:

 a. any member of the applicant’s immediate family is or has
 been a Portland police officer in the previous ten (10)
 years;
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 b. the applicant or any member of his or her immediate
 family has been arrested by any member of the Portland
 police department within the previous ten (10) years, or
 has had the final disposition of any criminal
 proceedings resulting from such an arrest within the
 previous ten (10) years, whichever is longer;

 c. his or her immediate family has filed a complaint with
 the internal affairs unit of the Portland police
 department within the previous ten (10) years;

 d. the applicant or any member of his or her immediate
 family has brought suit against the City of Portland,
 the Chief of Police, the police department or any
 individual police officer for a cause of action arising
 out of an officer’s performance of his or her duties;
 within the last ten (10) years, or has had such a suit
 finally disposed of within the previous ten years,
 whichever is longer; and

 e. “Immediate family” as used herein shall mean and include
 spouse, domestic partner, children, grandchildren,
 parents, grandparents, and siblings.

 (bc) Failure to disclose any grounds for disqualification or
falsification of any information in the application process shall
disqualify the person from service on the commission and shall
constitute “cause” within the meaning of section 2-46.

 (cd) Any civil service employment commissioner or alternate who
becomes ineligible to serve during his or hertheir term shall resign,
and failure to do so shall be "cause" within the meaning of section
2-46. A commissioner or alternate on the employment subcommittee who
is a relative of any candidate for appointment under this article shall
inform the secretary in writing of such relationship and shall not
attend any meeting of the subcommittee commission dealing with such
candidacy, nor participate in nor attempt to influence any action by
the commission with respect to the position for which such relative has
applied.

 (de) Reasonable efforts shall be made to ensure that the
appointments to the civil service employment commission are diverse and
representative of the community.
(Code 1968, § 201.4; Ord. No. 89-80, 7-7-80; Ord. No. 299.86, 1-22-86; Ord. No.
370-91, § 1, 6-5-91; Ord. No. 117-95, 11-20-95; Ord. No. 184-97, 1-22-97;
Substitute Ord. No. 83-01/02, § 3, 11-5-01; Ord. No. 118-08/09, 12-1-08; Ord. No.
143-17/18, 2-5-2018)

Sec. 2-50. Appointment.

 Civil service employment commissioners and the alternates shall be
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appointed by the City Council. Such power of appointment shall be
exercised only after the City Clerk has published a notice announcing
such position or positions, describing the responsibilities thereof,
and soliciting applications by qualified persons in a newspaper of
general circulation within the city not less than fifteen (15) calendar
days in advance of action by such council. Applications may be
solicited whether or not there is a vacancy, and such applicants may be
considered for any vacancy which occurs within one hundred eighty (180)
days of the closing date for such applications. Such applicants may
also be considered for appointment as a commissioner pro tem pursuant
to section 2-55 below. Nothing herein shall limit the city's authority
to solicit applications whenever the City Manager deems that it is
necessary.
(Code 1968, § 201.4; Ord. No. 89-80, 7-7-80; Ord. No. 299-86, 1-22-86; Ord. No.
138-92, § 3, 10-19-92; Ord. No. 117-95, 11-20-95; Ord. No. 184-97, 1-22-97)

Sec. 2-51. Terms.

 (a) Term. Each civil service employment commissioner or alternate
shall be appointed to a three-year term, unless appointed to fill a
vacancy. Police citizen review subcommittee commissioners first
appointed hereunder shall be appointed for one-, two- and three-year
terms so that only two (2) are initially selected each year other than
by reason of resignation, removal or death. A commissioner or
alternate shall serve until his or hertheir successor is appointed and
qualified, but in no case longer than one hundred twenty (120) days
from the expiration of his or hertheir term.

 (b) Limitation on service. The term limitations of Chapter 2,
Article IIIii shall apply to service on each of the subcommittees of
the civil service employment commission.

 (c) Applicability. The limitation on terms provided by this
amendment shall apply to any person serving on the civil service
employment commission as of the effective date of this amendment
(7/5/1991) and to any person appointed after said effective date.
(Code 1968, § 201.3; Ord. No. 89-80, 7-7-80; Ord. No. 275-83, 11-7-83; Ord. No.
299-86, 1-22-86; Ord. No. 370-91, § 2, 6-5-91; Ord. No. 117-95, 11-20-95; Ord. No.
184-97, 1-22-97; Substitute Ord. No. 83-01/02, § 3, 11-5-01; Ord. No. 118-08/09, 12-1-
08)

Sec. 2-52. Compensation.

 Civil service commissioners shall serve without compensation,
except that reasonable expenses incurred by any commissioner or
alternate incidental to his or her duties under this article may be
reimbursed.
(Code 1968, § 201.4; Ord. No. 89-80, 7-7-80; Ord. No. 299-86, 1-22-86; Ord. No.
117-95, 11-20-95; Ord. No. 184-97, 1-22-97)

Sec. 2-53. Removal.

 Any civil service commissioner or alternate may be removed from
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office by the City Council for cause, after notice and the opportunity
to be heard.
(Code 1968, § 201.4; Ord. No. 89-80, 7-7-80; Ord. No. 299-86, 1-22-86; Ord. No.
117-95, 11-20-95; Ord. No. 184-97, 1-22-97; Substitute Ord. No. 83-01/02, § 3, 11-5-
01)

Sec. 2-54. Officers.

 Each subcommittee of Tthe civil service employment commission
shall annually elect one (1) of its members as the chair. Each The
commissionsubcommittee may, at its option, also elect one (1) of its
members as the vice chair, to serve in the absence of the chair. The
Director of Human Resources or his or hertheir designee shall serve as
secretary to the employment subcommitteecommission and shall furnish
any necessary administrative assistance. The corporation counsel or
his or her designee shall serve as secretary to the police citizen
review subcommittee and shall furnish any necessary administrative
assistance to that subcommittee.
(Code 1968, § 201.3; Ord. No. 89-80, 7-7-80; Ord. No. 299-86, 1-22-86; Ord. No.
288-90, 4-2-90; Ord. No. 117-95, 11-20-95; Ord. No. 184-97, 1-22-97; Substitute
Ord. No. 83-01/02, § 3, 11-5-01; Ord. No. 143-17/18, 2-5-2018)

Sec. 2-55. Commissioners pro tem.

 In the case of temporary absence from the city, temporary
disability of the civil service employment commission members and
alternate, or other circumstances, so that a quorum of a
subcommitteethe commission cannot be constituted without such action,
the City Council may appoint such commissioners pro tem as may be
necessary to constitute a quorum. Commissioners pro tem shall be
subject to the eligibility requirements of this division. A
commissioner pro tem shall possess the powers and discharge the duties
of a regular commissioner during the absence or disability for which he
or she has been appointed; provided, however, that a commissioner pro
tem shall have no authority with respect to rule-making by the
commission and shall not participate in any action or decision where a
quorum is otherwise present.
(Code 1968, § 201.4; Ord. No. 89-80, 7-7-80; Ord. No. 299-86, 1-22-86; Ord. No.
117-95, 11-20-95; Ord. No. 184-97, 1-22-97)

Sec. 2-56. Meetings.

 (a) Calling of meetings. Meetings or hearings of either
subcommittee of the Civil Service Employment Commission may be called
at any time by its Chair, or in the absence from the city or disability
of the Chair, by any member of the Subcommitteecommission. The Chair
of a Subcommittee shall call a meeting upon request from any
Subcommittee cCommissioner.

 (b) Quorum. A quorum of the Employment Subcommittee
 of the Civil Service Commission shall be two (2). The Subcommittee
Alternate may attend any hearing or meeting, but shall participate as a
Commissioner only during the absence or disability of any Commissioner
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or whenever a vacancy on the Subcommittee Commission exists.

 A quorum of the Police Citizen Review Subcommittee shall be four
(4). Notwithstanding the foregoing, the quorum shall be reduced to
three (3) during any period when there is a vacancy on the
Subcommittee, including a vacancy in the position of alternate.
(Code 1968, § 201.5; Ord. No. 89-80, 7-7-80; Ord. No. 299-86, 1-22-86; Ord. No.
117-95, 11-20-95; Ord. No. 184-97, 1-22-97; Substitute Ord. No. 83-01/02, § 3, 11-5-
01; Ord. No. 247-03/04, 6-21-04)

Sec. 2-57. Prohibited practices.

 (a) Forfeiture of office. A determination by a court of competent
jurisdiction of a practice, or facts necessarily constituting a
practice prohibited by this section by any civil service employment
commissioner, alternate, member of a department, or any other person
shall result in the forfeiture of any office held by such person and
shall be a permanent disqualification for any office existing under or
governed by this article.

 (b) Nondiscrimination. No discrimination shall be exercised,
promised, or threatened by any person, in connection with any action
taken or to be taken under this article, in favor or against any
applicant or member of a department because of his or hertheir
religious beliefs, ancestry, national origin or veteran's status; race,
sex, sexual orientation, or color; because of age or physical or mental
disability, except where such requirements constitute a bona fide
occupational qualification or failure to meet the requirements poses a
safety hazard or cannot be reasonably accommodated; because the
applicant or member of the department, or member of his or hertheir
family, has or has declined to contribute to any political fund or to
render political service; or because of any lawful union activity or
membership. No person shall seek or attempt to use, nor shall the civil
service employment commission give consideration to, any political
endorsement, or any other factor prohibited by the preceding sentence.
To the extent consistent with law and with this article, it is the
policy of the city to encourage diversity in its work force and to use
affirmative action in its recruitment of applicants for positions
hereunder.

 (c) Falsification. No person shall make any false statement,
certificate, mark, rating or report with respect to any test,
certification or appointment made under any provisions of this article,
or in any manner commit or attempt to commit any fraud preventing the
impartial execution of this article and the rules and the regulations
adopted hereunder, or to cheat, or attempt to cheat, or abet cheating
on any examination.

 (d) Bribery. No person shall directly or indirectly give, render,
pay, offer, solicit, or accept any money, service, or other valuable
consideration for or on account of any appointment, proposed
appointment, promotion, or proposed promotion to, or any advantage in a
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position, or in an examination for a position, in the departments.
(Code 1968, § 201.7; Ord. No. 89-80, 7-7-80; Ord. No. 299-86, 1-22-86; Ord. No.
288-90, 4-2-90; Ord. No. 239-91, § 1, 2-20-91; Ord. No. 117-95, 11-20-95; Ord. No.
184-97, 1-22-97)

 Cross reference(s)--Definitions and rules of construction generally, § 1-2.

 DIVISION 3. EMPLOYMENT SUBCOMMITTEEFIRE AND POLICE DEPARTMENT
 EMPLOYMENT

Sec. 2-58. Applicability; duties.

 (a) In general. This division shall govern the appointment,
reinstatement, promotion, demotion, layoff, suspension, resignation, or
removal of members of the fire and police departments of the city,
other than the chiefs thereof, except to the extent that the Maine
Public Employees Labor Relations Law and any collective bargaining
agreement made in accordance therewith provides to the contrary.

 (b) Duties. In addition to carrying out the duties described
elsewhere in this article, it shall be the duty of the employment
subcommitteecommission:

 (1) To establish a system of personnel administration for members
 of the departments based on competition, merit principles,
 and scientific methods, and to prevent unlawful
 discrimination based upon race or color, religion, age, sex
 (including pregnancy), sexual orientation, gender identity or
 expression, ancestry or national origin, physical or mental
 disability, veteran status, genetic information, previous
 assertion of a claim or right under Maine’s Workers’
 Compensation Act, previous actions taken protected under
 Maine’s Whistleblowers’ Protection Act, or any other
 protected group status as defined by applicable law, or
 political affiliation;

 (2) To oversee the process of creating lists of names of persons
 eligible for specific appointments; and

 (3) To make suitable rules, from time to time, which rules shall
 not be inconsistent with this article, applicable statutes,
 or regulations. Proposed rules shall be submitted to the City
 Manager and shall become effective when approved by the City
 Manager. All such rules shall be recorded in the office of
 the City Clerk.
(Code 1968, § 201.2; Ord. No. 89-80, 7-7-80; Ord. No. 299-86, § 1-22-86; Ord. No.
117-95, 11-20-95; Ord. No. 184-97, 1-22-97; Ord. No. 174-05/06, 3-6-06; Ord. No.
143-17/18, 2-5-2018)
Sec. 2-59. Reserved.
Sec. 2-59.1. Minimum qualifications for original appointment to the
fire department.


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 (a) Standards required. Each candidate for original appointment
to the fire department must meet the minimum requirements set forth in
this subsection. The deadline by which these requirements must be met,
the method of proving such requirements have been satisfactorily met,
and any additional requirements shall be established by rule of the
employment subcommitteecommission:

 (1) Age. Have reached the age of twenty-one (21), or have
 reached the age of twenty (20) with two years of post-high
 school education.

 (2) Good character. Be of good character; which includes a
 personal history of honesty, fairness, and respect for the
 rights of others and for state and federal law. No person
 shall be appointed who has a history which includes a
 disqualifying criminal offense or conviction.

 (3) Education and experience. Have a high school diploma or
 general equivalency diploma (GED);

 (4) Licensing. Possess a valid State of Maine Emergency Medical
 Technician license of EMT-B or higher;

 (5) Motor vehicle driver's license. Possess a valid motor vehicle
 driver's license for the three (3) years immediately
 preceding the date of application. If such license is from a
 state other than the State of Maine, the candidate must be
 qualified to receive a State of Maine driver's license; and

 (6) Citizenship or immigration status. Be a citizen of the United
 States or eligible to work in the United States.

 (b) Automatic disqualifiers. An applicant for original
appointment will be automatically disqualified from the hiring process
for any of the following characteristics, and as further established by
rule of the employment subcommitteecommission:

 (1) Disqualified Individuals. Disqualification from
 participating in federal funded health care programs under
 the Social Security Act.

 (2) Criminal Convictions/Conduct. Disqualifying criminal
 conviction;

 (3) Protection Orders. An active Protection from Abuse or
 Protection from Harassment Order (temporary or permanent)
 served on the applicant;

 (4) Military Service. Dishonorable discharge from the military or
 a bad conduct discharge from the military;


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 (5) Tattoos or Body Art. Tattoos, branding, body art or body
 markings that (a) indicate a criminal gang affiliation, (b)
 depict sexually explicit art or nudity, (c) are associated
 with hate groups or supremacist groups such as swastikas,
 pentagrams, or (d) otherwise violate the rules promulgated by
 the Fire Chief.
(Ord. No. 143-17/18, 2-5-2018)

Sec. 2-59.2. Hiring process for original appointment to the fire
department.

 (a) Fire department hiring process. All applicants for original
appointment to the fire department shall satisfactorily complete the
minimum requirements in this section. The employment
subcommitteecommission may, by rule, establish processes and procedures
to implement these requirements, may set minimum passing scores, and
may impose additional requirements for original appointment.

 (1) Job-related aptitude capacity test. All applicants for
 original appointment must pass a job-related aptitude
 capacity test.

 (2) Physical fitness test. All applicants for original
 appointment must pass a physical fitness test.

 (3) Oral interview. All applicants for original appointment must
 satisfactorily complete an oral interview. The oral
 interview panel shall consist of one member of the employment
 subcommitteecommission and designees of the fire chief. No
 member of the panel may be a candidate for the position nor a
 relative of a candidate.

 (b) Conditional offer of employment. Upon successful completion
of the job-related aptitude capacity test, the physical fitness
assessment and the oral interview, the fire chief may evaluate the
candidates and make a conditional offer of employment to qualified
applicants, at his or hertheir discretion. The conditional employee
must successfully complete the following requirements. Failure to do
so will result in revocation of the conditional offer of employment.

 (1) Background check. All applicants for original appointment
 must satisfactorily complete a background check, including
 criminal history, driving record, and credit check.

 (2) Medical examination. The applicant must satisfactorily
 complete a medical exam to determine whether the applicant is
 physically capable of performing the essential functions of
 the job.

 (3) Job suitability assessment. The applicant must
 satisfactorily complete a job suitability assessment.

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 (c) Rehire of former fire department member. In the sole
discretion of the fire chief, a fire department member who voluntarily
terminated his or hertheir employment on satisfactory terms may be
rehired to a vacant, entry-level position within one year of
termination without completing the full process required by subsection
(a) above. However, the member must satisfactorily complete a new
medical examination and job suitability assessment, and must complete a
new probationary period.

 (d) Transfer between public safety departments. Upon the written
request of the employee to the chief of his or hertheir department, an
employee in good standing within either department may be transferred
from one department to the other to an entry level position, subject to
the conditions and limitations established by rule of the employment
subcommitteecommission and with the approval of both chiefs and the
City Manager. Police officers requesting a transfer to the Fire
Department must successfully complete the Candidate Physical Abilities
Test (CPAT) and provide proof of a valid State of Maine Emergency
Medical Technician license. The Chief of Police may waive the police
entrance exam for firefighters. All other hiring requirements must be
successfully completed.

 (e) Waiver. During periods of difficulty in recruitment, the
employment subcommitteecommission may vary the requirements of this
section by rule, which rule shall not be effective for more than one
hiring cycle.
(Ord. No. 143-17/18, 2-5-2018)

Sec. 2-59.3. Disqualification and temporary withdrawal from fire
application process.

In accordance with rules promulgated by the employment
subcommitteecommission, an applicant may be disqualified, or
temporarily withdraw, from the application process as follows:

 (a) Disqualification. After notice and an opportunity to be
heard, the employment subcommitteecommission or the fire chief may
disqualify an applicant for original appointment.

 (b) Temporary withdrawal of applicants for original
appointments. An applicant for original appointment may, for
sufficient cause, temporarily withdraw from consideration for a
limited period of time with the prior approval of the fire chief.
During the period of temporary disqualification the applicant’s
eligibility for appointment shall automatically expire 12 months
after the date the applicant passed the aptitude capacity test.
(Ord. No. 143-17/18, 2-5-2018)

Sec. 2-59.4. Fire department promotional process.

 (a) Minimum qualifications. All candidates for promotion within
the fire department shall satisfactorily complete the minimum
requirements in this section. The employment subcommitteecommission
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may, by rule, establish processes and procedures to implement these
requirements, may set minimum passing scores, and may impose additional
requirements for promotion.

 (1) Time in service. Promotional candidates must have the
 following amount of time in service to be eligible for a
 promotion:

 a. Six years of continuous service in the fire department
 for promotion from firefighter to lieutenant.

 b. One year of continuous service as a lieutenant for
 promotion from lieutenant to captain.

 (2) Training. Promotional candidates must possess the minimum
 amount of training, certification, and/or education for the
 rank to which he or she is seeking promotion.

 (3) Departmental officer candidate program. Promotional
 candidates must participate in and complete a fire department
 officer candidate program, which may include job-shadowing,
 mentorship, and similar requirements.

 (4) Assessment center exam. Promotional candidates must complete
 and pass an assessment center exam each year.

 (5) Oral interview. All promotional candidates must
 satisfactorily complete an oral interview. The oral
 interview panel shall consist of one member of the employment
 subcommitteecommission and designees of the fire chief. No
 member of the panel may be a candidate for the position nor a
 relative of a candidate. The president of the union, or
 histheir designee, shall have the right to observe, but not
 participate in, the interview.

 (6) Job suitability assessment. Candidates must undergo a job
 suitability assessment. Assessments within three (3) years
 from the date of examination may be used, or the fire chief
 may require an updated job suitability assessment at any
 time. Assessments may be taken into consideration in the
 promotional process.

 (b) Eligible promotion list. Promotional candidates shall be
placed on a ranked certified promotional list. A separate list shall
be made for each promotional rank.

 (1) The list shall be ranked based on a methodology established
 by the employment subcommitteecommission.

 (2) The employment subcommitteecommission shall also establish
 rules governing the validity of the list, including the
 minimum number of names required on the list, the duration
 and expiration of the list, and other requirements.
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 (c) Promoting from ranked certified promotional list. Promotions
in the fire department shall be made from the ranked certified
promotional list in their order of ranking, unless the candidate
refuses the promotion, is disqualified for cause by the chief, or lacks
the particular skill set required by the promotional vacancy. If the
chief disqualifies a candidate for cause, he or she shall state the
reasons for disqualification in writing.

 (d) Command staff. The employment subcommitteecommission may
provide by rule for special procedures or different competitive
examination for appointment to fire department command staff because
such rank requires particular and exceptional qualifications of a
scientific, managerial, professional, technical, or educational
character and said rule may waive any requirement of this article in
such cases.
 (e) Waiver. When the number of employees eligible for promotion
to a particular vacancy is insufficient to permit meaningful
competition, the employment subcommitteecommission may vary the
requirements of this section by rule, which rule shall not be effective
for more than one promotional cycle.
(Ord. No. 143-17/18, 2-5-2018)

Sec. 2-59.5. Disqualification during fire promotional process.

After notice and an opportunity to be heard, the employment
subcommitteecommission or the fire chief may disqualify a candidate
from participating in the promotional process, or may remove a
candidate for promotion from the ranked certified promotional list.
(Ord. No. 143-17/18, 2-5-2018)

Sec. 2-59.6. Fire department appeals and rights.

 (a) Appeals from decisions of the fire chief. Except as otherwise
provided, an applicant, candidate for original appointment, or
candidate for promotion shall have the opportunity to appeal any
decision made by the fire chief under this division to the employment
subcommitteecommission, pursuant to rules established by the
subcommitteecommission. The subcommittee commission may, after
hearing, uphold or overturn the fire chief’s decision. The subcommittee
commission shall provide the fire chief and the appellant with written
notice of its decision and the reasons therefor.

 (b) Appeals from decisions of the employment
subcommitteecommission. An appeal of a decision of the employment
subcommitteecommission under this section may be taken to the city
council. The city council may, after hearing, uphold or overturn the
employment subcommitteecommission’s decision. The council shall provide
the subcommitteecommission, fire chief, and appellant with written
notice of its decision and the reasons therefor.

 (c) Applicant rights. If a decision is overturned with respect to
an applicant, the applicant shall continue through the remainder of the
application process or be considered eligible for hire, as applicable.
 In the event an applicant is reinstated pursuant to this section, he
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or she shall have no right or entitlement to be considered for any
vacancy that exists at or prior to the date of said reinstatement.

 (d) Promotional candidate rights. If a decision is overturned
with respect to a promotional candidate, that candidate shall 1) be
allowed to continue through the promotional process; 2) be placed on or
reinstated to the ranked certified promotional list; or 3) be promoted,
as applicable. The decision maker shall specifically state the
appropriate remedy.

 (e) Vested rights. No rights shall vest in any person who is
deemed to be a qualified applicant or who is placed on the ranked
certified promotional list, and no names shall be carried over from one
eligible list to another, except as otherwise provided in this section.

 (f) Rulemaking. The employment subcommitteecommission may
promulgate rules to implement this section, including forms and
deadlines for appeal.
(Ord. No. 143-17/18, 2-5-2018)

Sec. 2-59.7. Fire department probationary period.

 (a) Each member who is originally appointed to or rehired in the
fire department, or who is promoted, pursuant to this division shall
be a probationary employee for one (1) year from the date of
appointment or promotion. This section shall not, however, apply to
an employee who is recalled after layoff, so long as he or she
completed the probationary period prior to layoff.

 (b) The fire chief may at any time during the probationary
period reject any person appointed or promoted. The fire chief must
state his or hertheir reasons for rejection in writing, and provide
those reasons to the employee and the employment
subcommitteecommission.

 (c) In the case of a promotional candidate, any candidate
rejected by the fire chief shall revert to the rank and pay status
from which he or she was promoted.

 (d) Any person rejected during the probationary period shall
have no right of hearing or appeal under this division.
(Ord. No. 143-17/18, 2-5-2018)


Sec. 2-60. Reserved.
Sec. 2-60.1. Minimum qualifications for original appointment to the
police department.

 (a) Standards required. Each candidate for original appointment
to the police department must meet the minimum requirements set forth
in this subsection. The deadline by which these requirements must be
met, the method of proving that such requirements have been
satisfactorily met, and any additional requirements shall be
established by rule of the employment subcommitteecommission:
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 (1) Age. Have reached the age of twenty-one (21) by the date of
 appointment;

 (2) Good character. Be of good character; which includes a
 personal history of honesty, fairness, and respect for the
 rights of others and for state and federal law. No person
 shall be appointed who has a history which includes a
 disqualifying criminal offense or conviction.

 (3) Education and experience. Have a high school diploma or
 general equivalency diploma (GED) and meet the admission
 standards of the Maine Criminal Justice Academy.

 (4) Motor vehicle driver's license. Possess a valid motor
 vehicle driver's license for the three (3) years immediately
 preceding the date of application. If such license is from a
 state other than the State of Maine, the candidate must be
 qualified to receive a State of Maine driver's license.

 (5) Citizenship or Immigration status. Be a citizen of the
 United States or demonstrate a permanent right to work in the
 United States.

 (b) Automatic Disqualifiers. An applicant for original
appointment will be automatically disqualified from the hiring process
for any of the following characteristics, and as further established by
rule of the employment subcommitteecommission:

 (1) Criminal Convictions/Conduct. Any conviction for a
 disqualifying criminal offense or engaging in conduct that
 qualifies as a disqualifying criminal offense as defined in
 Maine law and the entrance standards of the Maine Criminal
 Justice Academy, including having no convictions for or have
 engaged in any conduct which would constitute Murder, Class A,
 Class B, Class C, or Class D crimes, or any provision of the
 Maine Criminal Code, Chapters 15, 19, 25, or 45 which include
 Theft, Falsification in Official Matters, Bribery & Corrupt
 Practices, and Drugs.

 (2) Domestic Violence. Any conviction for a crime of domestic
 violence or any active Protection from Abuse Order (temporary
 or permanent) served on the applicant.

 (3) Drug Activities. The use, purchase, or possession of illegal
 drugs or controlled substances within the five (5) years prior
 to the date of application.

 The trafficking in and/or furnishing of marijuana, as defined
 in the Maine Criminal Code, is an automatic disqualifier from
 the hiring process. The use of marijuana is not an automatic
 disqualifier. The use of marijuana by an applicant will be
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 assessed on a case by case basis; including, but not limited
 to, the frequency and recency of the use.

 (4) Military Service. Dishonorable discharge from the military
 or a bad conduct discharge from the military.

 (5) Tattoos or Body Art. Tattoos, branding, body art or body
 markings that (a) indicate a criminal gang affiliation, (b)
 depict sexually explicit art or nudity, (c) are associated
 with hate groups or supremacist groups such as swastikas or
 pentagrams, or (d) are on the applicant’s face, neck or hands.
(Ord. No. 143-17/18, 2-5-2018)


Sec. 2-60.2. Hiring process for original appointment to the police
department.

 (a) Police department hiring process. All applicants for
original appointment to the police department shall satisfactorily
complete the minimum requirements in this section. The employment
subcommitteecommission may, by rule, establish processes and procedures
to implement these requirements, set minimum passing scores, and impose
additional requirements for original appointment.

 (1) Job-related aptitude capacity test. All applicants for
 original appointment must pass a job-related aptitude
 capacity test. The aptitude capacity test may be waived for
 a police applicant who is a full-time employee with law
 enforcement duties and arrest authority in another
 jurisdiction at the time of application and is certifiable by
 the Maine Criminal Justice Academy.

 (2) Physical fitness assessment. All applicants for original
 appointment must pass meet the Maine Criminal Justice
 Academy’s physical fitness assessment standards prior to the
 oral interview. or Applicants may take the fitness test at
 the Portland Police Department or produce a current, valid
 letter from the Maine Criminal Justice Academy stating that
 the applicant has successfully completed the Academy’s
 physical fitness assessment.

 (3) Oral Board. An oral interview will be conducted with all
 applicants who have passed both the aptitude capacity test
 and the physical fitness assessment.

 (b) Conditional offer of employment. Upon successful completion
of the job-related aptitude capacity test, the physical fitness
assessment and the oral interview, the Police Chief may evaluate the
candidates and make a conditional offer of employment to qualified
applicants, at his or hertheir discretion. The conditional employee
must successfully complete the following requirements. Failure to do
so will result in revocation of the conditional offer of employment.
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 (1) Background check. A conditional employee must be
 fingerprinted and satisfactorily complete a background check,
 including, but not limited to, criminal history, prior
 substance abuse, driving record, and credit check.

 (2) Polygraph. A conditional employee, shall be required to
 submit to a polygraph examination to the extent such
 examination is permitted by law.

 (3) Medical examination. A conditional employee shall undergo a
 medical examination to determine whether the applicant is
 physically capable of meeting the standards established by
 the Maine Criminal Justice Academy.

 (4) Job suitability assessment. Candidates for police original
 appointment shall be given a post-offer job suitability
 assessment as required by the Maine Criminal Justice Academy.

 (b) Transfer between public safety departments. Upon the written
request of the employee to the chief of his or hertheir department, an
employee in good standing within either department may be transferred
from one department to the other to an entry level position, subject to
the conditions and limitations established by rule of the employment
subcommitteecommission and with the approval of both chiefs and the
City Manager. Police officers requesting a transfer to the Fire
Department must successfully complete the Candidate Physical Abilities
Test (CPAT) and provide proof of a valid State of Maine Emergency
Medical Technician license. The Chief of Police may waive the police
entrance exam for firefighters. All other hiring requirements must be
successfully completed.

Sec. 2-60.3. Disqualification and temporary withdrawal from police
application process.

 In accordance with rules promulgated by the employment
subcommitteecommission, an applicant may be disqualified, or
temporarily withdraw, from the application process as follows:

 (a) Disqualification. After notice and an opportunity to be
heard, the employment subcommitteecommission or the police chief may
disqualify an applicant for original appointment.

 (b) Temporary withdrawal of applicants for original appointments.
 An applicant for original appointment may, for sufficient cause,
temporarily withdraw from consideration for a limited period of time
with the prior approval of the police chief. During the period of
temporary disqualification the applicant’s eligibility for appointment
shall automatically expire 12 months after the date the applicant
passed the aptitude capacity test.
(Ord. No. 143-17/18, 2-5-2018)

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Sec. 2-60.4. Police department promotional process.

 (a) Minimum qualifications. All candidates for promotion within
the police department shall satisfactorily complete the minimum
requirements in this section. Promotional appointments shall be made
from successive ranks. The employment subcommitteecommission may, by
rule, establish processes and procedures to implement these
requirements, may set minimum passing scores, and may impose additional
requirements for promotion.

 (1) Time in service. Promotional candidates must have the
 following amount of time in service to be eligible for a
 promotion:

 a. Three (3) years of continuous service in the police
 department for promotion from officer to the rank of
 Sergeant.

 b. Twelve months of continuous service as a Sergeant in the
 police department for promotion to the rank of
 Lieutenant.

 (2) Selection Components

 a. An annual professional development course.

 b. A job-related aptitude capacity test.

 c. Consideration of the candidate's last completed
 performance evaluation immediately prior to the date of
 the aptitude capacity test.

 d. Seniority in the department as of the date of the
 aptitude capacity test.

 (3) Oral interview. All promotional candidates must
 satisfactorily complete an oral interview. The oral
 interview panel shall consist of one member of the employment
 subcommitteecommission, a member designated by the president
 of each of the affected unions and three (3) members
 appointed by the police chief.

 (4) Job suitability assessment. Candidates for the position of
 Sergeant must undergo a job suitability assessment.
 Assessments within three (3) years from the date of
 examination may be used, or the police chief may require an
 updated job suitability assessment at any time. Assessments
 may be taken into consideration in the promotional process.

 (b) Promotion list. Promotional candidates shall be placed on a
certified promotional list. A separate list shall be made for each
promotional rank.
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 (1) The list shall be prepared based on a methodology established
 by the employment subcommitteecommission.

 (2) The employment subcommitteecommission shall also establish
 rules governing the validity of the list, including the
 minimum number of names required on the list, the duration
 and expiration of the list, and other requirements.

 (c) Creation of certified list for promotional appointment.

 (1) When requested to do so by the Chief, the employment
 subcommitteecommission shall furnish a certified list of
 names from which a promotional appointment may be made.

 (2) There shall be one eligible list maintained for police
 promotion in weighted score order for each promotional rank
 and the certified list shall be made up from the eligible
 list in the weighted score order. The certified list for
 promotional appointment shall contain the names of a
 minimum of three (3) and a maximum of five (5) applicants
 on the eligible list with the highest, aggregate scores.

 (d) Command staff. The employment subcommitteecommission may
provide by rule for special procedures or different competitive
examination for appointment to a sworn, non-union command staff
position in the police department because such rank requires
particular and exceptional qualifications of a scientific,
managerial, professional, technical, or educational character and
said rule may waive any requirement of this article in such cases.

 (e) When the number of employees eligible for promotion to a
particular vacancy is insufficient to permit meaningful competition,
the employment subcommitteecommission may vary the requirements of
this section by rule, which rule shall not be effective for more than
one promotional cycle.
(Ord. No. 143-17/18, 2-5-2018
Sec. 2-60.5. Disqualification during police promotional process.

After notice and an opportunity to be heard, the employment
subcommitteecommission or the police chief may disqualify a candidate
from participating in the promotional process, or may remove a
candidate for promotion from the ranked certified promotional list.
(Ord. No. 143-17/18, 2-5-2018)
Sec. 2-60.6. Police appeals and rights.

 (a) Appeals from decisions of the police chief. Except as
otherwise provided, an applicant, candidate for original appointment,
or candidate for promotion shall have the opportunity to appeal any
decision made by the police chief under this division to the
employment subcommitteecommission, pursuant to rules established by
the subcommitteecommission. The subcommittee commission may, after
hearing, uphold or overturn the police chief’s decision. The
commissionsubcommittee shall provide the police chief and the
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appellant with written notice of its decision and the reasons
therefor.

 (b) Appeals from decisions of the employment
subcommitteecommission. An appeal of a decision of the employment
subcommitteecommission under this section may be taken to the city
council. The city council may, after hearing, uphold or overturn the
employment subcommitteecommission’s decision. The council shall
provide the subcommitteecommission, police chief, and appellant with
written notice of its decision and the reasons therefor.

 (c) Applicant rights. If a decision is overturned with respect
to an applicant, the applicant shall continue through the remainder
of the application process or be considered eligible for hire, as
applicable. In the event an applicant is reinstated pursuant to this
section, he or she shall have no right or entitlement to be
considered for any vacancy that exists at or prior to the date of
said reinstatement.

 (d) Promotional candidate rights. If a decision is overturned
with respect to a promotional candidate, that candidate shall 1) be
allowed to continue through the promotional process; 2) be placed on
or reinstated to the ranked certified promotional list; or 3) be
promoted, as applicable. The decision maker shall specifically state
the appropriate remedy.

 (e) Vested rights. No rights shall vest in any person who is
deemed to be a qualified applicant or who is placed on the ranked
certified promotional list, and no names shall be carried over from
one eligible list to another, except as otherwise provided in this
section.

 (f) Rulemaking. The employment subcommitteecommission may
promulgate rules to implement this section, including forms and
deadlines for appeal.
(Ord. No. 143-17/18, 2-5-2018)
Sec. 2-60.7. Police department probationary period.

 (a) Probationary period. A specified period of time during which
the employee has no expectation of continued employment and may be
removed from employment for any reason, with or without just cause.

 (b) Original appointment. Except as otherwise provided below for
police lateral transfers, every person receiving an appointment as a
police officer shall be a probationary employee for a period of two (2)
years from the date of appointment.

 (c) Lateral transfers. A police lateral transfer who has two
years of post-academy, full-time, continuous service as a police
officer at the time of appointment shall be credited with up to twelve
(12) months of service toward completion of the department’s two year
probationary period. Eligibility for promotional appointment shall be
the completion of three (3) years of service in the Portland Police
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department.

 (d) Promotional appointments. Every person receiving a
promotional appointment shall serve a probationary period of one (1)
year while occupying the position to which he or she has been
appointed.

 (e) Completion of probationary period. The police chief may at
any time during the probationary period reject any person appointed or
promoted to a position in the police department. The police chief must
state his or hertheir reasons for rejection in writing, and provide
those reasons to the employee and the employment
subcommitteecommission. In the case of a promotional appointment, the
officer shall revert to the rank and pay status from which he or she
was promoted.

 (f) No hearing or appeal. Any person rejected during the
probationary period shall have no right of hearing or appeal under this
section.
(Ord. No. 143-17/18, 2-5-2018)
Sec. 2-61. Reserved.
Sec. 2-62. Reserved.
Sec. 2-63. Reserved.
Sec. 2-64. Reserved.
Sec. 2-65. Reserved

Sec. 2-66. Physical standards and background investigation for
original appointment; Job suitability assessment for promotion, for
police lateral transfer and for police original appointment.

 (a) Physical standards for original appointment.

 (1) Medical examination. All candidates on the eligible list for
 original appointment shall undergo a medical examination by a
 physician specified by the employment subcommitteecommission,
 said medical examination to be done only after a conditional
 offer of employment has been made to the candidate. The
 examining physician shall report his or hertheir findings in
 writing to the subcommittee commission with respect to
 whether the candidate is physically capable of meeting the
 standards established by rule of the subcommitteecommission.
 If the physician's report indicates a disqualification which
 can be corrected, the candidate's name shall be returned to
 the eligible list except that such person shall not be again
 considered for appointment until such time as he or she
 furnishes satisfactory evidence that the disqualifying
 condition has been corrected. If the physician's report
 indicates a disqualification which cannot be corrected and
 which prevents the candidate from performing an essential
 function of the position with or without reasonable
 accommodation, the candidate's name shall be permanently
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 removed from the eligible list pursuant to section 2-61
 above.

 (2) Physical fitness standards. In addition to the medical
 examination, the employment subcommitteecommission shall
 establish by rule minimum standards and procedures for a
 physical fitness assessment of candidates for original
 appointment, which standards shall be determined by the
 subcommittee commission to be a bona fide occupational
 qualification or failure to meet them poses a safety hazard
 or cannot be reasonably accommodated in an individual case.
 Such physical fitness assessment shall be administered to
 each candidate by the department as provided in section 2-
 65(a)(3) above, and the result thereof shall be provided to
 the chief.

 (b) Background investigation for original appointment.

 (1) Fingerprinting. Candidates for original appointment to
 either department shall be directed to the police department
 where they shall be fingerprinted. All candidates shall
 execute any necessary waivers for the background check. The
 fingerprints and records of each candidate shall be checked
 against the local police files, state police files and, if
 available, the files of the Federal Bureau of Investigation,
 in order to determine whether the candidate has been
 convicted of a disqualifying criminal offense.

 (2) Polygraph. Candidates for original appointment to the police
 department shall be required to submit to a polygraph
 examination to the extent such examination is permitted by
 law.

 (c) Job suitability assessment for promotional appointments, for
police lateral transfers and for police original appointments.

 (1) All candidates whose names appear on any certified list for
 promotional appointment may be required to be examined by a
 psychologist for job suitability, the results of which
 examination shall be used by the chief of the department and
 by the city manager. Examinations hereunder for promotional
 appointment shall be required every year, except that the
 chief may waive said requirement if such examination has been
 done within three years of the date of the candidate’s
 appearance on a certified list, and the results are available
 for use by the chief and the city manager. The extent of
 said examination shall be determined by a psychologist on an
 individual basis and may be either pre-offer or post-offer,
 depending upon the content of the assessment, the
 psychologist’s representation as to the purpose of the
 assessment and the department’s preference.

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 To the extent permitted by law, the chief of either
 department may request that candidates on an eligible list
 undergo the job suitability examinations prior to drawing up
 a certified list if (1) doing so would overcome scheduling
 difficulties for a candidate and the candidate agrees to such
 scheduling and (2) doing so is necessary to ensure a timely
 appointment process. Nothing herein shall change a
 candidate’s position on the eligible list or give him or her
 any vested rights therein.

 (2) Candidates for police lateral transfer shall be given a
 post-offer job suitability assessment.

 (3) Candidates for police original appointment shall be given a
 post-offer job suitability assessment as required by the
 Maine Criminal Justice Academy.

 (d) Failure to pass polygraph test or job suitability assessment
for police original appointment or job suitability assessment for
police lateral transfer or job suitability assessment for police or
fire promotional appointment. Notwithstanding anything herein to the
contrary, any candidate for police original appointment who fails to
pass a polygraph test as required hereunder, or, in the case of a
police original appointment, police lateral transfer or police or fire
promotional appointment, who fails to meet the job suitability
assessment pursuant to this section, shall be removed from any list on
which the candidate appears pursuant to section 2-61 above, and shall
not be eligible to retake the written test until two years from the
date the eligible list from which the candidate was removed was made.

 (e) Failure to appear or complete hiring requirements. Any
candidate who fails to appear for, or to complete, any component of the
examination process, or any other requirement of the hiring procedure,
shall be disqualified as a candidate and removed from any list on which
he or she may appear. Such disqualification shall be reported to the
employment subcommitteecommission by the Director. Upon request of the
candidate, the employment subcommitteecommission may, in its
discretion, waive the disqualification herein if: (i) the subcommittee
commission finds that the candidate had sufficient excuse for such
failure; and (ii) it finds that any rescheduling necessitated by such
failure can be accomplished in a timely manner and with no disruption
of the hiring process. Any candidate disqualified hereunder may reapply
for any succeeding examination.

 (f). Temporary withdrawal of  applicants for original
appointments. Notwithstanding the foregoing, a candidate for original
appointment may, for sufficient cause, temporarily withdraw from
consideration for a limited period of time upon the prior approval of
the chief of the department. Any denial of a request for temporary
withdrawal by the chief may be appealed to the subcommittee commission
which may grant the request if (i) the subcommittee commission finds
that the candidate had sufficient cause for such request; and (ii) it
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finds that any rescheduling necessitated by request can be accomplished
in a timely manner with no disruption of the hiring process. A
candidate who is permitted to withdraw temporarily shall retain his or
hertheir place on the eligible list but shall not be considered for
hire, or in the case of promotional appointment, shall not be placed on
any certified list requested during the period of temporary
disqualification. “Sufficient excuse” or “sufficient cause” as used
herein shall include, but not be limited to, death or serious illness
of a family member; temporary illness or disability of the candidate;
completion of an academic or training program, or similar excuse and
cause.

 (g) Duration of certified list. The certified list shall be
limited to the vacancy or vacancies for which it was requested. The
names of persons not appointed shall be returned to the eligible list
from which they were drawn. Each candidate for promotion who is not
appointed shall be given, upon request, a statement by the chief of the
department as to the reason or reasons why he or she was not
recommended for appointment; or if he or she was recommended, a
statement from the City Manager as to why he or she was not appointed.
(Code 1968, § 201.12; Ord. No. 89-80, 7-7-80; Ord. No. 299-86, 1-22-86; Ord. No.
288-90, 4-2-90; Ord. No. 117-95, 11-20-95; Ord. No. 184-97, 1-22-97 Ord. No. 220-99, §
4, 3-1-99; Ord. No. 121-99, 12-20-99; Ord. No. 174-05/06, 3-6-06; Ord. No. 298-05/06,
6-19-06 emergency passage; Ord. No. 126-09/10, 1-4-10)

Sec. 2-67. Working test period.

 (a) Except as otherwise provided below for police lateral
transfers or as otherwise provided for re-hires under subsection 2-
59(e), every person receiving any appointment or transferring pursuant
to section 2-59 above shall be tested for a working test period of one
(1) year while occupying the position to which he or she has been
appointed or transferred, except that the working test period for
original appointees or transferees to the police department shall be
two (2) years. The period of the working test shall begin immediately
upon appointment or transfer. The City Manager may at any time during
the working test period reject for reasons stated in writing any person
appointed to a position in either department. The City Manager shall
forthwith report to the employment subcommitteecommission in writing
each rejection during such working test period, stating the date of the
rejection and the reason for the rejection.

 (b) Any person rejected during the working test period shall have
no right of hearing, or appeal under this article, and in the case of a
promotional appointment, shall revert to the rank and pay status from
which he or she was promoted. No original appointment shall be
effective beyond the end of the working test period unless, within ten
(10) days preceding the end of the working test period, the City
Manager shall report to the employment subcommitteecommission in
writing that in the opinion of the City Manager, the employee's work
has been such as to indicate that he the employee is willing and able
to perform theirhis duties in a satisfactory manner. Upon delivery of a
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favorable report from the City Manager, the appointment shall become
permanent.

 (c) A police lateral transfer who has prior service as a police
officer at the time of appointment shall be credited with up to twelve
(12) months of service toward completion of the department’s two year
working test period, provided, however, that eligibility for
promotional appointment shall continue to be completion of three (3)
years in the Portland police department.
(Code 1968, § 201.13; Ord. No. 89-80, 7-7-80; Ord. No. 299-86, 1-22-86; Ord. No.
117-95, 11-20-95; Ord. No. 184-97, 1-22-97; Ord. No. 174-05/06, 3-6-06; Ord. No. 126-
09/10, 1-4-10)

Sec. 2-68. Disciplinary action.

 (a) Action by chief of department. Unless otherwise governed by a
collective bargaining agreement, the chief of the department may, for
cause:

 (1) Suspend without pay any member for one (1) offense for a
 period of not more than fifteen (15) working days, resulting
 in the loss of not more than three (3) weeks' pay;

 (2) Issue a written reprimand to be included in the member's
 personnel file.

Suspensions without pay shall not be for more than thirty (30) working
days in aggregate in a calendar year. Upon imposition of any
discipline, the chief shall immediately file with the employment
subcommitteecommission a written statement of the disciplinary action
taken and the reason therefor. A copy of the statement shall be
delivered to the department member in person or by mail at the member's
last and usual place of abode. Actions of the chief taken within this
subsection shall be final and there shall be no appeal therefrom under
this article.

 (b) Action by subcommitteecommission. The employment
subcommitteecommission shall have the power and authority to demote,
suspend with or without pay, and remove members of the police
department and the fire department for cause and after presentation of
charges and hearing. The subcommittee commission shall have the right
to reinstate any such demoted, suspended or removed member of the
police department or fire department after a hearing upon
recommendation of the chief of the department to which the applicant
seeks reinstatement, provided the City Manager joins in such
recommendation for reinstatement.

 (c) Action by chief pending hearing. Pending a hearing before the
employment subcommitteecommission, the chief of the department or the
City Manager may, for the cause to be presented to the
subcommitteecommission, suspend any member, without pay, until the next
succeeding meeting of the subcommitteecommission; provided, however,
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that no suspension without pay pending a hearing by the subcommittee
commission shall be effective for more than fifteen (15) days; no
suspension without pay shall be effective unless it is either preceded
by a filing of charges with the subcommittee commission or such charges
are filed within ten (10) days thereafter, Saturday, Sunday and legal
holidays excepted; and if the subcommittee commission determines that
no disciplinary action is warranted, it shall provide that any salary
which should have been paid during such period of suspension shall be
paid to the member.

A member may elect to waive a hearing before the employment
subcommitteecommission and accept disciplinary action determined by the
chief of the department. Said waiver shall be made in writing prior to
the implementation of the discipline. Prior to waiving a subcommittee
commission hearing, the member shall be provided with written notice of
the charges against him or her, a brief statement of the evidence
against him or her, and an opportunity for a hearing before the chief.
Said hearing shall be informal in nature and shall not be an
adversarial hearing, but the member may have counsel and/or a union
representative present. The member shall have the right to confer with
said counsel and/or representative during the hearing and to have them
speak on his or hertheir behalf. The hearing before the chief may be
tape recorded upon the request of either party.

 (d) Notice; opportunity to respond. Prior to suspending any
member without pay under subsection (c) above, the chief of the
department shall provide the member with notice of the substance of the
charges against him or her, a statement of the evidence, and an
opportunity to respond to said charges and evidence.

 (e) Hearings without formal charges. Whether or not charges are
filed with the subcommitteecommission, the subcommittee commission
shall within thirty (30) calendar days schedule a hearing to determine
whether disciplinary action should be taken against any member where:

 (1) The member fails or refuses to testify before the
 subcommittee commission at any disciplinary hearing; or

 (2) The member becomes the defendant in a pending criminal
 proceeding, the conviction in which proceeding would be a
 disqualifying criminal conviction.

Either party may request a continuance of such hearing, which may be
granted by the subcommittee commission upon such terms and conditions
as it deems appropriate. If the continuance is requested by a city
official, the member shall receive theirhis regular pay for the
duration of the continuance. However, if a suspended member requests a
continuance of the hearing, the member will not be paid for the
duration of the continuance period requested by himthe suspended
member.

 (f) No deferral of action. Disciplinary action by the
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subcommittee commission for the same conduct which is the subject
matter of a pending criminal proceeding shall not be deferred unless
the subcommittee commission shall order such deferment at the request
of the member charged, in which case the subcommittee commission may
impose reasonable conditions, including but not necessarily limited to,
a continuing suspension without pay.

 (g) Result of collateral criminal proceeding. The acquittal of
the member on criminal or civil charges involving material allegations
which are substantially similar to the material allegations made in the
disciplinary proceeding shall not require abatement of a disciplinary
proceeding by the Subcommitteecommission. A final judgment of
conviction of a crime which is a disqualifying criminal offense shall
operate as a disqualification from office, and, upon proof of such
conviction to the subcommitteecommission, such member shall be removed.

 (h) Procedure at disciplinary hearings. All hearings of the
subcommittee commission shall be deemed to be civil in nature and shall
be informal in conduct. Such hearings shall be governed by this article
and by any rules of practice and procedure adopted by the
subcommitteecommission. In the conduct of such hearings, the
subcommittee commission shall not be bound to the technical rules of
evidence. No informality in any proceeding or hearing or in the manner
of taking testimony before the subcommittee commission shall invalidate
any decision of the subcommitteecommission. Disciplinary action shall
be taken only upon a preponderance of the evidence.

 (i) Decision. After hearing, the subcommittee commission shall
make written findings of fact with respect to any specific allegations
and shall determine whether such facts constitute cause for
disciplinary action, and if the subcommittee commission determines that
cause for disciplinary action exists, the nature of the disciplinary
action to be taken. Such decision may be appealed as provided by law.

 (j) Expenses. The subcommittee commission may, if it determines
that charges made were without substantial justification, recommend to
the City Council the payment of reasonable counsel and witness fees
incurred by any member in the defense of such unjustified charges.
(Code 1968, § 201.14; Ord. No. 89-80, 7-7-80; Ord. No. 299-86, 1-22-86; Ord. No.
288-90, 4-2-90; Ord. No. 117-95, 11-20-95; Ord. No. 184-97, 1-22-97; Ord. No. 174-
05/06, 3-6-06)

Sec. 2-69. Reserved.
Sec. 2-70. Reserved.
Sec. 2-71. Reserved.
Sec. 2-72. Reserved.
Sec. 2-73. Reserved.
Sec. 2-74. Reserved.
Sec. 2-75. Reserved.



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 DIVISION 4. POLICE CITIZEN REVIEW SUBCOMMITTEE

Sec. 2-76. Functions and duties.

 (a) Duties. The duties of the police citizen review subcommittee
are as follows:

 (1) To determine whether police investigations into citizens’
 complaints by members of the public against police officers
 are thorough, objective, fair and timely by auditing the
 police department’s internal affairs’ unit investigative
 methods and procedures;

 (2) To report in writing to the City Manager periodically, but no
 less than annually beginning in January 2003, as follows:

 a. on the subcommittee’s determination as to the
 thoroughness, objectivity, fairness and timeliness of
 the police internal affairs’ investigation of citizen
 complaints against police officers; and

 b. any recommendations and/or proposals for improvements or
 modifications in the police internal affairs
 investigative process, policies or training, and for
 enhancing public confidence in the methods and process
 of investigation of citizen complaints against police
 officers.

 (3) To hold a public hearing at least annually to receive
 comments upon the police citizen complaint process.

 (4) Although it shall have access to individual internal affairs
 reports in order to review investigative methods and
 procedures, all reports of the subcommittee shall be done in
 such a manner that particular complainants, witnesses and
 officers are not personally identifiable.

 (5) Reports of the subcommittee shall be made available to the
 public to the extent consistent with the State Freedom of
 Access Act, 1 M.R.S.A. Sec. 401 et.seq.

 (6) To make suitable procedural rules, from time to time, for the
 conduct of its duties. Proposed rules shall be submitted to
 the City Council and shall become effective only when
 approved by the City Council. All such rules shall be
 recorded in the office of the City Clerk.

 (b) Complaints to be reviewed: The subcommittee shall review all
completed internal affairs investigations of citizen complaints.

 (c) Timing of review. All subcommittee reviews of citizen
complaints shall take place only after final disciplinary action has
been taken and all appeals exhausted or the case has been finally
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closed with no disciplinary action taken.

 (d) Notification of review. The subcommittee shall notify the
citizen complainant, in writing, of the subcommittee’s review and any
findings made by the subcommittee regarding the thoroughness,
objectivity, fairness and timeliness of the internal affairs
investigation.

 (e) Scope of authority. The subcommittee shall conduct its
duties solely to determine the thoroughness, objectivity, fairness and
timeliness of the police department’s internal affairs’ methods and
procedures in regard to citizen complaints against police officers, and
the subcommittee shall have no power or authority to subpoena or call
witnesses nor to impose or modify any disciplinary action, or lack of
action, against any police officer. The subcommittee shall make no
recommendations nor offer any findings or comments relative to any
disciplinary action, or lack of action, against any officer.

 (f) Training. Prior to assuming their duties hereunder,
subcommittee commissioners shall attend training by city staff as to
the subcommittee’s duties and responsibilities, applicable state and
local law and regulations, issues relevant to the conduct of the
citizen review function, accepted police practices and the department’s
internal affairs investigation process. Such training shall be
provided by the city at no cost to the subcommittee members.

 (g) Resources. To facilitate the effectiveness and objectivity of
the police citizen review subcommittee, the city shall make available
to the subcommittee the services of a technical advisor, as needed by
the subcommittee. The technical advisor may be used for the purposes
of training; briefing the subcommittee on accepted police practices,
applicable law and issues relevant to the discharge of the citizen
review function; and educating the subcommittee on aspects of the
internal investigation process. The advisor shall be retained by the
City Manager after consultation with the Chief of Police,
representatives of the police unions and the subcommittee chairperson.
 Any person who presently maintains any business or professional
affiliation with the police department shall be disqualified from
serving as technical advisor.

The city shall further make available all internal affairs
investigation reports and police documents relevant to such
investigations which are necessary for the subcommittee to conduct its
duties hereunder. In no case shall the subcommittee have access to
police officers’ personnel records except to the extent that they are
part of an internal affairs investigation report or are considered a
public document under the state Freedom of Access law.
(Substitute Ord. No. 83-01/02, § 3, 11-5-01; Ord. No. 143-17/18, 2-5-2018)

Sec. 2-77. Confidentiality.

 Each member of the civil service commission is obligated to
maintain the confidentiality of all information and documents either
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provided to or reviewed by them, in accordance with state law. Failure
to maintain such confidentiality will be cause for removal from the
commission. All reports and requests for disclosure of any information
shall be referred to the corporation counsel for review prior to
release.
(Substitute Ord. No. 83-01/02, § 3, 11-5-01)

Sec. 2-78 thru 2-90. Reserved.

 ARTICLE IV-A. CIVILIAN POLICE REVIEW BOARD

Sec. 2-76. Created.

 Pursuant to Article IX of the Charter, there is hereby created a
civilian police review board, the purpose of which is to increase
public trust and confidence in the Portland Police Department.

Sec. 2-77. Composition.

 The civilian police review board shall consist of ten (10) board
members. Seven (7) of the board members shall be voting members, and
three (3) of the board members shall be non-voting members.

Sec. 2-78. Qualifications.

 (a) Qualifications of commissioners. Every board member shall be
at least 18 years of age and a resident of the City of Portland for at
least three (3) months prior to the start of their term. The following
persons are not eligible to be members on the board:

 (1) Any present or former employee of the city or school
 department, who was employed by the city or school department
 in the previous five-year period;

 (2) Any present or former member of the City Council or School
 Board, who held that position in the previous five-year
 period; or

 (3) Any individual presently serving as a commissioner or
 alternate on the civil service employment commission;

 (4) In order to ensure an objective and unbiased audit of the
 police department’s internal affairs investigation process,
 any applicant for service on the civilian police review board
 shall be disqualified from serving on said board if:

 a. any member of the applicant’s immediate family is or has
 been a Portland police officer in the previous ten (10)
 years;

 b. the applicant or any member of their immediate family
 has been arrested by any member of the Portland police
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 department within the previous ten (10) years, or has
 had the final disposition of any criminal proceedings
 resulting from such an arrest within the previous ten
 (10) years, whichever is longer;

 c. the applicant or any member of their immediate family
 has filed a complaint with the internal affairs unit of
 the Portland police department within the previous ten
 (10) years;

 d. the applicant or any member of their immediate family
 has brought suit against the City of Portland, the Chief
 of Police, the police department or any individual
 police officer for a cause of action arising out of an
 officer’s performance of their duties within the last
 ten (10) years or has had such a suit finally disposed
 of within the previous ten (10) years, whichever is
 longer; and

 e. “Immediate family” as used herein shall mean and include
 spouse, domestic partner, children, grandchildren,
 parents, grandparents, and siblings.

 (c) Failure to disclose any grounds for disqualification or
falsification of any information in the application process shall
disqualify the person from service on the board and shall constitute
“cause” within the meaning of section 2-82.

 (d) Any board member who becomes ineligible to serve during their
term shall resign, and failure to do so shall constitute "cause" within
the meaning of section 2-82.

 (e) Reasonable efforts shall be made to ensure that the
appointments to the civilian police review board are diverse and
representative of the community.


Sec. 2-79. Appointment.

 (a) Subject to the provisions of section 2-80, members of the
civilian police review board shall be appointed as follows:

 (1) Six (6) voting members appointed by the City Council;
 (2) One (1) voting member appointed by the Mayor; and
 (3) Three (3) non-voting members appointed by the City Council.

 (b) Such power of appointment shall be exercised only after the
City Clerk has published a notice announcing such position or
positions, describing the responsibilities thereof, and soliciting
applications by qualified persons in a newspaper of general circulation
within the city not less than fifteen (15) calendar days in advance of
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action by the city council. Applications may be solicited whether or
not there is a vacancy, and such applicants may be considered for any
vacancy that occurs within one hundred eighty (180) days of the closing
date for such applications. Nothing herein shall limit the city's
authority to solicit applications whenever the City Manager deems that
it is necessary.

Sec. 2-80. Terms.

 (a) Term. Each board member shall be appointed to a three-year
term except as set forth in subsection (c) or unless appointed to fill
a vacancy. A board member shall serve until their successor is
appointed and qualified, but in no case longer than one hundred twenty
(120) days from the expiration of their term.

 (b) Limitation on service. No person shall be appointed to, nor
serve, more than three (3) consecutive full terms or nine (9)
consecutive years, whichever is greater, on the board.

 (c) Initial Civilian Police Review Board. For the first civilian
police review board appointed following its creation, the city council
and mayor shall first select from the current members of the police
citizen review subcommittee in making appointments to the board.
Additional vacancies shall be filled in accordance with the process
outlined in Section 2-79. On the first board, two (2) voting members
appointed by the City Council shall serve for a one (1) year term, two
(2) voting members appointed by the City Council shall serve for a two
(2) year term; two (2) voting member appointed by the City Council
shall serve for a three (3) year term; the one (1) voting member
appointed by the mayor shall serve for a three (3) year term; one (1)
non-voting member appointed by the City Council shall serve for a one
(1) year term; one (1) non-voting member appointed by the City Council
shall serve for a two (2) year term; and one (1) non-voting member
appointed by the City Council shall serve for a three (3) year term.

Sec. 2-81. Compensation.

 Civilian police review board members shall serve without
compensation, except that reasonable expenses incurred by any member
incidental to their duties under this article may be reimbursed upon
prior approval of the city manager.

Sec. 2-82. Removal.

 Any civilian police review board member may be removed from office
by the city council for cause, after notice and the opportunity to be
heard. "Cause" shall include any act or omission which constitutes
legal cause, and includes but is not limited to: incompetent or
inefficient performance of duty; unexcused absences from board
meetings; violation of any provision of this article or the rules
adopted thereunder, whether such violation may result in a forfeiture
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of office hereunder, or not; the commission or conviction for any
disqualifying criminal offense, or any action by the board member
intended to affect or influence, or which could reasonably be expected
to affect or influence any decision of the city manager, the chief of
police, or the city council with respect to the department, or of any
member of the police department with respect to the performance of
their duty.

Sec. 2-83. Officers.

 The board shall annually elect one (1) of its members as the chair
and one (1) of its members as the vice chair, to serve in the absence
of the chair. Whenever possible, non-voting members of the board shall
serve as the chair and vice chair. A member may not serve as chair for
more than three (3) consecutive years. The City Manager’s designee
shall serve as secretary to the civilian police review board and shall
furnish any necessary administrative assistance to the board.

Sec. 2-84. Meetings.

 (a) Calling of meetings. Meetings or hearings of the board may be
called at any time by its Chair, or in the absence from the city or
disability of the Chair, by any member of the board. The Chair shall
call a meeting upon request from any board member.

 (b) Quorum. A quorum of the Civilian Police Review Board shall be
a majority of the total number of voting members presently appointed to
the board. The board shall act by a majority of voting members present
and voting.

Sec. 2-85. Functions and duties.

 (a) Duties. The duties of the civilian police review board are
as follows:

 (1) To receive complaints of police misconduct by civilians and
 police as follows:

 a. Complaints received by the board, whether from civilians
 or police officers, shall be referred within twenty-four
 (24) hours after receipt to the police internal affairs
 department for investigation. When receiving complaints,
 the Board shall follow the police department’s standard
 operating procedures regarding interviewing the
 complainant and documentation requirements.

 b. To the extent that the police department receives a
 civilian complaint directly or through means other than
 referral by the board, the police department will
 provide the community liaison with a copy of the
 complaint within five (5) calendar days.

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 c. The board will not accept any complaints from police
 officers or their representatives regarding disciplinary
 actions or personnel matters.

 d. For purposes of this Article, complaint shall have the
 same definition as outlined in the police department’s
 standard operating procedure.

 (2) To review all final investigation reports submitted by
 internal affairs and/or police command staff for due process
 issues, including but not limited to, issues of fairness,
 thoroughness, objectivity, and timeliness, for both the
 complainant(s)/civilian(s) involved in the matter and the
 officer(s);

 (3) To maintain the confidentiality of all information and
 documents provided to and/or reviewed by the board in
 accordance with state law;

 (4) To hold a public hearing at least annually to receive
 comments upon the complaint process and to engage the City
 residents as to the board’s purposes and goals.

 (5) To provide a written annual report to the Mayor, City
 Council, City Manager, and Chief of Police that includes, but
 is not limited to, the following:

 a. the board’s  policy and  funding recommendations
 concerning the police internal affairs process, police
 policies, practices and procedures, and the board’s
 functions and duties; and

 b. the number of complaints submitted to the board and the
 number of complaints resolved during the previous year.

 (6) To ensure that all reports of the board shall be prepared in
 such a manner that particular complainants, witnesses, and
 officers are not personally identifiable.

 (7) To ensure that its reports are made available to the public
 but only to the extent permitted by the State Freedom of
 Access Act, 1 M.R.S.A. Sec. 401 et. seq. and other applicable
 law.

 (8) To propose, from time to time, suitable rules governing the
 board’s administrative procedures and board member roles.
 Such proposed rules will become effective only when approved
 by the city council.

 (9) To request additional funding from the city manager as part
 of the city’s annual budget process and at such other times
 as it deems necessary, though nothing in this Article shall
 require the city manager or the city council to provide any
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 particular amount of funding.

 (b) Timing of review. All board reviews of internal affairs
investigations shall take place only after final disciplinary action
has been taken and all appeals exhausted or settled or the case has
been finally closed with no disciplinary action taken. The police
department shall submit its report on the conclusions of any internal
affairs investigation no more than fourteen (14) calendar days after
the findings become final and after final disciplinary action has been
taken and all appeals exhausted or settled or the case has been finally
closed with no disciplinary action.

 (c) Notification of review. The board shall notify the
complainant, in writing, of the board’s review and any findings made by
the board regarding due process in the internal affairs investigation,
including but not limited to, issues of fairness, thoroughness,
objectivity and timeliness.

 (d) Scope of authority. The board shall have no power or
authority to subpoena or call witnesses or to impose or modify any
disciplinary action, or lack of action, against any police officer. The
board shall make no recommendations or offer any findings or comments
relative to any disciplinary action, or lack of action, against any
officer.

 (e) Training. Prior to assuming their duties hereunder, board
members shall attend training by city staff as to the board’s duties
and responsibilities, applicable state and local law, ordinances, and
rules and regulations, accepted police practices, the department’s
internal affairs investigation process, including the rights of
officers being investigated, and proper techniques for receiving
internal affairs complaints, including the process utilized by the
police department. Such training shall be provided by the city at no
cost to the board members.

 (f) Resources. To facilitate the effectiveness and objectivity of
the civilian police review board, the city shall make available to the
board the services of a technical advisor, as needed by the board. The
technical advisor may be used for the purposes of training; briefing
the board on accepted police practices, applicable law and issues
relevant to the discharge of the citizen review function; and educating
the board on aspects of the internal investigation process. The
technical advisor shall be retained by the city manager after
consultation with the chief of police, representatives of the police
unions and the chair of the board. Any person who presently maintains
any business or professional affiliation with the police department
shall be disqualified from serving as technical advisor.

 The City Manager shall designate a staff member to serve as the
civilian police review board’s Community Liaison. The Community Liaison
shall ensure that the public is aware of the methods for filing
complaints, and shall assist the board with carrying out its duties,
conducting outreach, and other duties as assigned by action of the
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board.

 The Police Department shall designate a staff member to serve as
the civilian police review board’s Police Liaison. The Police Liaison
shall be familiar with the police department’s standard operating
procedures and shall assist the board with questions concerning the
department’s standard operating procedures.

 The city shall further make available all internal affairs
investigation reports and police documents relevant to such
investigations which are necessary for the board to conduct its duties
hereunder. In no case shall the board have access to police officers’
personnel records except to the extent that they are part of an
internal affairs investigation report or are considered a public
document under the state Freedom of Access law.

Sec. 2-86. Confidentiality.

 Each member of the civilian police review board is obligated to
maintain the confidentiality of all information and documents either
provided to or reviewed by them, in accordance with state law. Failure
to maintain such confidentiality will be cause for removal from the
board. All reports and requests for disclosure of any information
shall be referred to corporation counsel for review prior to release.

Sec. 2-87. Appeals.

 (a) An individual aggrieved by the report on a complaint issued
by the civilian police review board may submit a notice of appeal of
the board’s due process determinations to the city council. Any such
appeal must be in writing addressed to the mayor, must state the basis
for the appeal, and must be filed with the mayor on or before the day
that is thirty (30) days after the date of the board’s report.

 (b) Within sixty (60) days after receipt of a notice of appeal,
the city council shall hold a hearing during which it shall review the
board’s report, the internal affairs investigation materials, and the
notice of appeal. After such hearing, the city council will provide an
advisory opinion regarding due process issues of the internal affairs
investigation, including, but not limited to, issues of fairness,
thoroughness, objectivity, and timeliness, for both the
complainant/civilian involved in the matter and the officer. The city
council’s review shall be de novo and will occur in executive session
where required by state law. The council’s advisory opinion will not be
legally binding on the city, the police department, police officers, or
individuals. The city council will have no power or authority to
subpoena or call witnesses nor to impose or modify any disciplinary
action, or lack of action, against any police officer. The city
council’s hearing will not address, and its advisory opinion will make
no recommendations nor offer any findings or comments relative to any
disciplinary action, or lack of action, against any officer or any
other personnel matter. The city council’s advisory opinion on any
appeal will be final and not appealable.
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 (c) All such appeals to the City Council are subject to the same
confidentiality requirements that are applicable to members of the
police civilian review board. All reports or decisions of such appeals
and requests for disclosure of any information related to an appeal
shall be referred to corporation counsel for review prior to release.

Sec. 2-88. Reserved.
Sec. 2-89. Reserved.
Sec. 2-90. Reserved.




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 July 9, 2025

City Councilors & Mayor Dion,

We, the Portland Citizen Review Subcommittee (PCRS), have some feedback regarding the
draft ordinance to establish a new Civilian Police Review Board (CPRB).

As you know, the purpose of that Charter amendment, passed by voters in November 2022,
is to replace the PCRS with a more robust oversight body.1

In their final report, the Charter Commission wrote that “citizen oversight should be in the
Charter to elevate the status of the existing board in order to mitigate the potential for
harm and to build broader public trust between civilians and police.”2

We are pleased by some of the aspects of the new draft ordinance, and also have some
significant concerns that we want to bring to your attention:

 (1)​We believe the development of this ordinance should follow your standard
 process, and be sent to committee for discussion with all stakeholders.

Though we are approaching three years since the Charter Amendment was passed by
voters, we believe that the City Council should follow its normal legislative process and
send this ordinance to committee.

To date, there have been no City Council public hearings regarding this new ordinance, no
stakeholders have been formally engaged, and no experts have been consulted. We believe
that skipping this critical step will result in a weaker ordinance that has less buy-in from
stakeholders and the public.

Full-Council workshops are limited in what they can accomplish: they usually top out at
around two hours, individual councilors only get so much time to speak, and public
comment is not taken.

In a committee context, a panel could be called that includes experts in police oversight
(such as experts from NACOLE or members of oversight boards in other cities), Charter
Commissioners or members of the Racial Equity Steering Committee, representatives from

1
  Charter Commission Final Report, 2022,
https://content.civicplus.com/api/assets/7cae899c-8d25-4e45-9e93-152ebc91be67 [Page 79]
2
  Charter Commission Final Report, 2022,
https://content.civicplus.com/api/assets/7cae899c-8d25-4e45-9e93-152ebc91be67 [Page 10]




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organizations who work with marginalized individuals, members of the Police
Department’s administration and IA Unit, and others. The public could be engaged and
their comments invited. The committee would have the time and space to get into the
nuance and detail of this complex issue.

The end result of following your normal process and sending this to committee would be an
ordinance that has been more thoroughly vetted, and more thoroughly socialized with the
public and stakeholders.

The purpose of the new board is to increase public trust. That starts with you, and the
process you use to create the ordinance that will enable that new board. We would remind
the Council of former Councilor Duson’s oft-heard refrain of “Process, process, process!”

 (2)​There continues to be no mechanism for following up with board
 recommendations.

The draft ordinance says that the CPRB is empowered to “make policy recommendations to
the mayor, the city council, and the chief of police.” The Charter says that the CPRB may
make recommendations to the City Council regarding “the police internal affairs
investigative process, policies or training, and for enhancing public confidence in the
methods and process of investigation of citizen complaints against police officers."

However, if making recommendations is intended to increase public trust in our police
department, we believe that there must be some kind of follow-up or response to those
recommendations.

Historically when the PCRS has made recommendations, whether and how the City
Manager, Police Chief, or City Council respond has been inconsistent. Sometimes a response
is verbal, sometimes it’s in an executive session, sometimes it’s a letter, and sometimes
there’s no response at all. We believe that it is important to formalize and standardize this
process, and require a written response to formal Board recommendations.

One idea we had was to mandate that the City Manager or their designee formally respond
to any formal recommendations from the CPRB within 60 days, but we are open to other
methods of accomplishing this.

 (3)​The ordinance imposes eligibility restrictions far beyond what the Charter
 intended and required, and have actually been expanded since the last draft
 seen before bargaining.




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The Charter amendment passed by voters only requires that CPRB members be 18 years or
older, and have been residents of Portland for at least 3 months. This was intentional: in
their final report, they stated that “removing eligibility restrictions for board membership”
was one of the “enhancements” they were making.3 They did not specifically stipulate that
restrictions could be added, but all the PCRS restrictions they were trying to remove have
been added to the draft ordinance nevertheless.

Removing restrictions had been a main recommendation of the Racial Equity Steering
Committee in 2020-2021. They wrote in their final report,

 “RESC recommends an oversight committee that welcomes all community participants,
 regardless of their experiences with law enforcement, the criminal justice system, or
 their employment. The committee is firm in their belief that the current
 disqualifications attached to the PCRS stigmatize and punish people who have been
 arrested and/or who have been incarcerated.” 4

Despite all this, the draft ordinance bans:

 ●​ Anyone who was employed by the City or School Department in the last 5 years.
 (This would actually disqualify the two most senior members of the PCRS - Xavier
 Botana and Kay Kerina - from serving on the new board.)
 ●​ Anyone who has been a City Councilor or School Board member in the last 5 years.
 ●​ Anyone who has been arrested by the Portland Police Department in the last 10
 years, as well as their spouses, domestic partners, children, grandchildren, parents,
 grandparents, and siblings.
 ●​ Anyone who has submitted a complaint to the Portland Police Department in the last
 10 years, as well as their spouses, domestic partners, children, grandchildren,
 parents, grandparents, and siblings.

Note that the first two have been increased from 1 year (the Council’s stated desire after
much discussion in the 2023 workshops) to 5 years after bargaining with the police unions.

Why should a former janitor at Portland High School, retired teacher from Reiche, or former
Parks Department landscaper be disqualified from serving on the CPRB?




3
  Charter Commission Final Report, 2022,
https://content.civicplus.com/api/assets/7cae899c-8d25-4e45-9e93-152ebc91be67 [Page 11]
4
  Racial Equity Steering Committee Final Report, 2021,
https://content.civicplus.com/api/assets/41c75af1-d867-4dc0-b4af-39af4a6470d8 [Page 11]




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Why should the grandchild of someone arrested during the Obama Administration be
disqualified from serving on the CPRB?

Why should someone whose family member submitted a complaint be themselves
disqualified from serving for a full decade?

Both the Racial Equity Steering Committee and the Charter Commission discussed the issue
of these disqualifications at great length, and they both wanted to remove them. The
Charter Commission thought it had accomplished that with its amendment language.

While we strongly recommend that you revisit the disqualifications that have been added
back in, and reasonably adjust them to increase the diversity of perspectives on the new
board, we also acknowledge that the CPRB will be reviewing sensitive matters and
confidential material, and decreasing the risk of potential bias is a complex consideration.

 (4)​The two non-voting members should not be the Chair & Vice Chair.

The Charter requires two non-voting members, but it does not require that they be the
Chair and Vice Chair, as currently written in the draft ordinance. This clause was added
after a comment from a former councilor in one workshop two years ago.

These non-voting seats were intended to function like they do on the School Board, for
example as youth representatives or representatives from local organizations with helpful
perspectives on the matters the board will discuss.

Requiring that the Chair and the Vice Chair be non-voting is not only extremely unusual, it
would hamper the ability of the Board to function properly. We would like to see this
removed.




We also wish to highlight some of the positive changes that have been made to the
draft ordinance:

 ●​ As required by the Charter, the new board will be able to receive complaints from
 the public and send them to the Police Department for review.
 ●​ The new board will be able to review internal Police Department complaints, not
 just external (i.e. initiated by the public).




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 ●​ The new board is able to review IA investigations for due process issues beyond the
 four criteria in the PCRS ordinance (fairness, objectivity, timeliness, and
 thoroughness).
 ●​ The new board will have the ability to request a budget and staff from the City
 Manager; this will also include opportunities for the CPRB to have conversations
 about budgetary needs with the City Manager.

For more information, we suggest watching the replay of our June 23 meeting where we
discussed the new ordinance in some detail.5

We are looking forward to supporting a stronger version of the ordinance, and we reiterate
that we believe that having it go to committee would be the best next step. We would
appreciate any responses or feedback - we would love to have an open dialogue with the
City Council and City Staff as we move forward.

Thank you for your time,

Joey Brunelle
Vice Chair, Police Citizen Review Subcommittee

Rachel Schlein
Member, Police Citizen Review Subcommittee




 This letter was formally approved by the PCRS on July 9, 2025.




5
 PCRS June 23 Meeting, https://portlandme.portal.civicclerk.com/event/8149/media




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