HHS and Public Safety Committee — Portland, ME
Date: 2025-11-13
Time: 17:30

Remote HHS and Public Safety MEMBERS
Meeting Agenda Councilor Anna Bullett, District 4, Chair
 Councilor April Fournier, At-Large
November 13, 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 #4 Opioid Settlement Funds (OSF) New
Allocations, Item #5 Emergency Operations Plan, and Item #6 Police Citizen Review Board. 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: Nov 13, 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/89926174738?pwd=HWzpsCLc2a2P04Gny2l94VVawSrLxA.1
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Webinar ID: 899 2617 4738
Passcode: 168001
International numbers available: https://portlandmaine-gov.zoom.us/u/kc4GNTrLTz




1. Announcements


2. Review and Approval of Minutes from October 14, 2025


 a. Attachments
3. Opioid Settlement Funds (OSF) Dayspace Update (Maggie McLoughlin, HHS Director)
 Staff to present an update regarding day space operations.
 a. Attachments
4. Opioid Settlement Funds (OSF) New Allocations (Councilor Anna Bullett, Chair)
 Committee to consider recommendation to the Council regarding new allocations of the
 Opioid Settlement Funds. Public comment will be taken.
 a. Attachments
5. Emergency Operations Plan (Emergency Management Coordinator, Caity Hager)
 Committee vote anticipated; public comment will be taken.
 a. Attachements
6. Police Citizen Review Board Discussion (Rachel Millette, Associate Corporation Counsel)
 Committee vote anticipated; public comment will be taken.
 a. Attachments
7. Next Meeting: January 13, 2026

Remote HHS and Public Safety MEMBERS
Meeting Agenda Councilor Anna Bullett, District 4, Chair
 Councilor April Fournier, At-Large
November 13, 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 #4 Opioid Settlement Funds (OSF) New
Allocations, Item #5 Emergency Operations Plan, and Item #6 Police Citizen Review Board. 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: Nov 13, 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/89926174738?pwd=HWzpsCLc2a2P04Gny2l94VVawSrLxA.1
Passcode:168001

Phone one-tap:
+13092053325,,89926174738#,,,,*168001# US
+13126266799,,89926174738#,,,,*168001# US (Chicago)

Join via audio:
+1 309 205 3325 US
+1 312 626 6799 US (Chicago)
+1 646 931 3860 US
+1 929 205 6099 US (New York)
+1 301 715 8592 US (Washington DC)
+1 305 224 1968 US
+1 669 444 9171 US
+1 669 900 6833 US (San Jose)
+1 689 278 1000 US
+1 719 359 4580 US
+1 253 205 0468 US
+1 253 215 8782 US (Tacoma)
+1 346 248 7799 US (Houston)
+1 360 209 5623 US
+1 386 347 5053 US
+1 507 473 4847 US
+1 564 217 2000 US

 Page 1
Webinar ID: 899 2617 4738
Passcode: 168001
International numbers available: https://portlandmaine-gov.zoom.us/u/kc4GNTrLTz




1. Announcements


2. Review and Approval of Minutes from October 14, 2025


 a. Attachments
3. Opioid Settlement Funds (OSF) Dayspace Update (Maggie McLoughlin, HHS Director)
 Staff to present an update regarding day space operations.
 a. Attachments
4. Opioid Settlement Funds (OSF) New Allocations (Councilor Anna Bullett, Chair)
 Committee to consider recommendation to the Council regarding new allocations of the
 Opioid Settlement Funds. Public comment will be taken.
 a. Attachments
5. Emergency Operations Plan (Emergency Management Coordinator, Caity Hager)
 Committee vote anticipated; public comment will be taken.
 a. Attachements
6. Police Citizen Review Board Discussion (Rachel Millette, Associate Corporation Counsel)
 Committee vote anticipated; public comment will be taken.
 a. Attachments
7. Next Meeting: January 13, 2026




 Page 2
 Health & Human Services and Public Safety Committee

 October 14, 2025, 5:30 PM Remote Meeting

Committee Attendance:
Anna Bullett, Chair (District 4), Sarah Michniewicz (District 1), April Fournier (At-Large)
Wesley Pelletier (District 2).
Councilor Attendance: Kate Sykes (District 5)


City Staff:
Adam Harr, Executive Assistant; Greg Jordan, Assistant City Manager; Chad Johnston, Fire
Chief; Caity Hager, Emergency Management Coordinator. Nicole Albert, Associate Corporation
Counsel; Rachel Millet, Associate Corporation Counsel; Michael Goldman, Corporation
Counsel; Maggie McLoughlin, Director or HHS; Mark Dubois, Police Chief; Bridget Rauscher,
Public Health Director.

1. Announcements
 • None.
2. Review and Approval of Minutes from September 9, 2025
 • Councilor Pelletier Moved to approve the minutes and seconded by Councilor Michniewicz.
 The minutes were approved unanimously 4-0.

3. (ICE) Resolution 2-25/26 Next Steps
 • Staff looking for examples of what action items the committee is interested in; the goal is to
 brainstorm potential actions the committee is able to take.
 o Examples the public would like the council to do.
Public comment was opened at 5:37 PM
 Joey Brunelle 37 pine street gave comments on the unagenda’d item public comment.
Public comment closed at 5:39 PM

Committee questions and discussion
 • Councilor Michniewicz wants to identify what the City has control over such as identification of
 Portland PD uniforms.
 o A tactical unit officer was asked if they were ICE at the Pride Parade.
 o Can we be clearer and able to be identified at a distance that someone is local police and
 not ICE.
 o This would be a change to the Uniform Policy.
 • Councilor Pelletier would like information on police actions as soon as possible.
 o When it is safe to do so and does not hinder the operation.
  Allows people to know what is and is not ICE enforcement
 o He would also like to be able to close off school related public properties during school
 hours.




 Page 3
 • Councilor Fournier identified policies in process in other states and levels of government and see
 how they can inform our ordinance.
 o We don’t always know where ICE is operating due to an agreement stating the City does
 not assist them.
 o Require identification without face coverings.
 • Councilor Sykes said education is important and wants City staff and corporation counsel to
 assess the feasibility of the following:
 o What is a signed judicial warrant vs an administrative warrant?
  Checking judicial warrants for validity.
 o Which locations are public and private in city buildings?
 o Is the airport considered City property?
 o Explain what constitutes non-cooperation and what that means.
 o What are one’s rights when ICE knocks at the door,
 o Mandatory staff training such as the sexual harassment policy.
 • Councilor Bullett clarified that there are federal actions and that most actions in Maine are
 Customs and Border Patrol and not ICE.
 • Councilor Michniewicz said there is language stating authority when someone represents a clear
 and present danger to national security
 • Councilor Bullett wants to look at policies around the country for what can be implemented
 locally.
 o Chicago
  Resolution style
  Safety around hospitals, places of worship, schools
 • Add courthouses to ours.
 o California
  face masks
 o Staff training
  Corporation Counsel has provided guidance to HHS and Parks and Recreation.
 • What spaces are and are not open to the -public,
 • Difference between an administrative warrant versus an assigned
 judicial warrant.
 o Public Awareness,
  Hesitant to give legal advice to the public
  What are the gray areas?
 • Councilor Michniewicz asked how our officers identify federal enforcement is or is not operating
 in a lawful capacity?
 o Solicit officer feedback.
  Do they:
 • intervene?
 • Actively watch.
 • Councilor Sykes wants more communication to the public on what the City is doing and
 engagement on this process; The City is upholding the law and the Constitution as federal
 agencies using local law enforcement is against the law.
 o Boston Mayor Wu released a letter explaining this which the City could model after.

Syringe Services Program (SSP) Update




 Page 4
 • 39 clients
 • 825898 syringes distributed
 • Syringes collected at a rate of 81%.
 • Required and installed community sharps containers.
 • Collected zip codes of respondents
 o Most are form Portland and of those, most are 04101
 • Overdose to Action
 o Occurred in Harm Reduction space at 39 Forest and the Homeless Services Center.

 • Syringe redemption project
 o 1702 encounters
 o 390 unique clients
 o Program allows current or new exchange clients to engage in the redemption program;
 one must disclose use of injection drugs to support injection drug users accessing services
 at the exchange.
 o Collected 312,000 syringes as part of the redemption program
 o Paid out 31,200 as of September 30th with people returning more syringes than can be
 paid for based on a cap.
 o 74% report collecting syringes from the ground
 o People are now receiving Narcan
 o 150 referrals for recovery
 • Operational constraints:
 o Current enrollment is a fraction of the total exchange clients.
 o Weekly and individual maximums
 • SeeClickFix needle pickups
 o 25% decrease for needle pickups in 2025
 • Bayside and Deering Oaks as well as east bayside were the most common areas where syringes
 were collected.
 • Pre and post redemption comparison.
 • Harm Reduction and Downtown Ambassador teams collecting syringes.
 • Evidence indicates the redemption program is decreasing the number of improperly disposed
 of syringes thanks to the work of our staff and clients.
Committee questions and discussion
 • Councilor Michniewicz appreciates the data and has notices a decrease in syringe litter in Bayside
 and would like the same analysis of the other areas for Bayside.
 • Councilor Pelletier thanked Director Rauscher for the analysis and appreciates the work and
 positive results.
 • Councilor Bullett asked about sustainability and how much funding it received and needs to
 continue.
 o Will discuss in opioid settlement funds update
 • Councilor Fournier asked if it is possible to make an intentional expansion.
 • Councilor Michniewicz asked if their collection is being tracked.
 o Yes.


OSF Update




 Page 5
 • Day space
 o Baxter boulevard not available.
 o Space remains an issue.
 • 2024 City did a needs assessment including input from people with lived experience and the
 following align with these needs.
 o Contingency management program
  Poly substance use: no approved medication assisted treatment for
 stimulants.
  Verified abstinence
  Could eventually be compensated: 50-75 individuals.
 o OUD supports.
  Maine Moms supports 30 pregnant women addicted illegal substances.
  Prescribe and administer Pre-Exposure Prophylaxis to mitigate the risks of
 HIV outbreak.
 o Access to housing for induvial with substance use disorder.
  Scale up the HOPE program.
  Success or program means more staff time on retention services versus new
 inflow housing placements
 o Flexible funding for partners.
 o Continued Syringe Redemption
Committee questions and discussion.
 • Councilor Fournier appreciates the engagement with the community.
 o Is not convinced contingency management will see the return on investment as the Maine
 Mom model or assisting the Syringe redemption program or expanding the HOPE
 program with the understanding these funds will diminish each year and do, we have
 enough revue to support program growth?
 o We should continue to seek day space but does not want to hold on to the funds looking
 for locations given the opportunity costs of not growing the other programs.
 • Councilor Michniewicz sees the CM as science based and cost effective.
 o We should choose options with durable outcomes given the ephemeral funding.
 o HOPE increasing their time allotment to retention is good.
 • Councilor Pelletier does not know enough about CM to comment on it; he supports the HOPE
 program and would like to continue to have the data space conversation but can accept
 decoupling them from the OSF given there are no organizations or physical spaces for operation.
 • Councilor Bullett does not know enough about CM and looking through an equity lens, funding
 services for women and issues related to poverty and opioid use should be expanded and wants
 lifeline to be supported.
 o Congenital syphilis is an increasing issue,
 o Supports HOPE program and would like to know how long retention work is being done
 o Are clients connected through Maine care to behavioral health homes who can take the
 burden off of HOPE’s staff capacity.
 o Additional details the programs including education on CM.
 o Short term vs long term outcomes in the context of waning funds.
 • Councilor Bullett doesn’t want to lose sight of awarding grants to community partners as an
 option.
 • Councilor Fournier sees funding existing practitioners as viable but not to hire new.
 • Councilor Michniewicz said if CM becomes reimbursable, it would become smore sustainable.




 Page 6
 • Councilor Bullett supports using funds to pull in the HHS data analyst or epidemiologist to look
 at program data for use in funding opportunities.

Drones
 • The public comment notice was middles so out of an abundance of transparency, public comment
 will be taken tonight.
 • SOP updated
 o Clarified confusing terminology.
  Defintion of surveilance changed.
 • State law requires the Council’s permission to purchase a drone.
 • Many laws regulate the use of drones.
 o Constitution
 o FAA regs on police drones and operations must get pilot certification.
  Not allowed to fly over crowds of people.
 • Reports on every use of police drones.
 • Public comment opened at 6:49 PM
 o Joey Brunelle of NAME street is concerned how the use of drones intersects with the rise
 of authoritarianism in the USA. AI enabled drones can monitor huge land areas in
 battlegrounds; SF is planning to swarm the city with drones. Some drones can fly so high
 they cannot be seen or heard; these could enable a police state.
 • Pubic comment closed at 6:53 PM.

Police Citizen Review Board

 • There are areas of the draft ordinance that me need attention and input from stakeholders.
 • Background: 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.
 • Areas where changes are likely to be made.
 o Board membership
  10 board members including 3 non-voting.
 o Board Officers
  Chair
  Vice Chair
 o Member Qualifications
  Disqualifications
 o Receiving Complaints of Police Misconduct
 o Appeals
 • Staff seek guidance on which parts of the ordinance councilors are seeking to modify.
Public comment opened at 7:09 PM
 • Joey Brunelle of Pine street is on the board and spoke in his personal capacity, not representing
 the board. It is an HR function
Public comment closed at 7:12 PM.




 Page 7
Committee questions & Discussion
 • Councilor Pelletier is opposed to knowing someone who has been arrested being a disqualifier
 and is otherwise happy with the exclusions.
 o 10 years is a long time and Councilor Bullett supports decreasing the time period to wait.
 • Councilor Sykes is pleased with the changes made since executive session.
 o There is better language around diversity of membership.
 o External training allowed such as from NACOL.
 o Draft says 1 year than 5 year on slides for school board and city council member
 prohibition.
  Supports 1 year.
 o Echoes the concern of how many categories or of disqualification for people touching the
 justice system.
  They are informed voices.
 • Councilor Michniewicz agrees generally and sees the case for some to be brought down to 5
 years but should stay to prevent bias.
 • The current draft says 5 years in the packet 278 1 and a2.
 • The focus should be on the disqualifying criteria; who would the committee like to hear from on
 these or can it be addressed by the committee itself?
 o A panel is not needed, but three examples from three similarly sized cities on
 disqualifiers.
 • Councilor Pelletier would like to dial back the family background check if applicant were
 arrested in the last three year
 o If these would pass, are there members of the board who would not qualify
  There are two current former school board members,
  Current MOU not in violation for having 2 current/former school employees.
  He would like to bring these disqualifications back in line to not get rid of people
 currently serving on the board.
 • Councilor Michniewicz would like a look at disqualifying factors in similar cities’ PCRB. (size,
 number of complaints, police force)
 • Councilor Bullett supports narrowing the definition of immediate family to not include
 grandparents or grandchildren.
 • Councilor Sykes says page 69 of the packet, 2-49, #2 sites 1 year not 5 years.
 o This section includes all 2 subcommittees; the Police Citizen Review Board had its own
 set of qualifications.
 o The original request did not pull the PCRB out; when it did, the two subcommittees
 became distinct with different qualifications. In the current ordinance, the qualifications
 are identical.
 o Councilor Sykes wants the restriction to be one year.
 • Councilor Fournier asked about officers, the chair and vice chair are non-voting members and
 shall serve in those positions whenever possible; is this required by the charter change?
 o Not a requirement.
 o Three non-voting members are encouraged to participate by serving as chair or vice chair
 but the intention is not to limit to them.
 o Would like the board to choose their chair and vice chair.
 o Non-voting members are appointed by the Council;




 Page 8
  If they are not participating, then the board can address it internally and then ask
 the council for new appointees, if needed.

Next meeting is November 13.

Councilor Michniewicz moved to adjourn, and was seconded by Councilor Pelletier. The motion passed
unanimously 4-0 and the meeting adjourned at 7:31 PM.




 Page 9
​City of Portland | Health & Human Services Department​
 ​Maggie McLoughlin,​​Director​



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




​DATE​
 ​November 13, 2025​

​AGENDA ITEM​
 ​Agenda Item #3 - Update on Day Space​

​PURPOSE​
 ​This memo serves as background to the Health & Human Services and Public Safety (HHSPS)​
  ​Committee regarding potential allocation options for Opioid Settlement Funds (OSF) for a day​
 ​space.​

​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). In October 2025 Committee meeting, staff provided an update on the day​
 ​space, with no clear pathway to support a day space in the near future. Committee members​
 ​indicated their interest in continuing to prioritize a day space, while also moving forward with​
 ​potential alternative allocations for OSF. In the meantime, staff continued to pursue opportunities​
 ​for a day space.​




 ​1​

 Page 10
​SEASONAL HALF-DAY SPACE​
 ​Staff are in discussion with St. Vincent de Paul Soup Kitchen regarding a half-day day space at​
  ​their current location of 307 Congress St. The non-profit has some experience providing services​
 ​to individuals with substance use disorders and mental health needs. However, they have not​
 ​provided services similar to the day space before. While St. Vincent de Paul is still refining details,​
 ​the space would include:​
 ​-​ ​Daily operations Monday through Friday from mid-November until end of April​
 ​-​ ​Clear sight lines and safety monitoring​
 ​-​ ​Indoor space for respite for 60 unsheltered individuals, with food and restrooms provided.​
 ​-​ ​Operating hours from 6 AM-11 AM, with the option for individuals to stay for an afternoon​
 ​hot meal.​
 ​-​ ​Open approach to partner-led wrap-around services on site. At minimum, this includes​
 ​the City of Portland’s outreach team and mobile medical services. Additional partners​
 ​have also expressed interest in providing wrap arounds, with final services to be​
 ​determined.​
 ​-​ ​Staff and volunteers trained in de-escalation techniques​
 ​-​ ​On-site security both inside and around the perimeter of the facility​
 ​-​ ​Low barrier services​
 ​-​ ​Notification to abutters​

​While this option lacks some of the priorities originally identified by the Committee,, including​
 ​full day operating hours and wrap-around services/infrastructure, it reflects the Committee’s​
  ​goals to provide an on-peninsula service that would serve unsheltered individuals.​

​Conclusions/Next Steps​
 ​No Committee or Council action is required. Staff intend to continue discussions with the St.​
  ​Vincent de Paul Soup Kitchen and support them to coordinate with other providers who may be​
 ​interested in providing services on-site, with the goal of funding the space for one season.​
 ​Funding is not expected to exceed $80,000 in Opioid Settlement Funds for the 2025-2026 winter​
 ​season.​

​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​
 ​●​ ​HHSPS OSF Committee Update (October 2025)-​​link​


 ​2​

 Page 11
City of Portland | Health & Human Services Department
Maggie McLoughlin, Director



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




DATE
November 13, 2025

AGENDA ITEM
Agenda Item #4 - Opioid Settlement Funds (OSF) New Allocations

PURPOSE
This memo serves as background to the Health & Human Services and Public Safety (HHSPS)
Committee discussion regarding additional allocation options for Opioid Settlement Funds

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. At the July 2025 HHSPS Committee meeting, City staff provided an update on OSF
allocations. 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). At the October 2025 Committee meeting, staff provided an update on the
day space, with no clear pathway to support a day space in the near future. During the meeting,
the Committee noted support for the syringe redemption program, which staff intend to continue
funding through OSF.

During recent 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.




 1

 Page 12
The following options, presented for consideration and discussion, align with the Core Strategies
designated for the use of OSF settlement funds.

POTENTIAL STRATEGIES:

 ●​ 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 CM is supported by three decades of research that indicates CM is effective in
 driving up abstinence from illicit substance use in both the short and long term. However,
 dissemination of the approach has been limited due to stigma, administrative, and
 financial barriers, with critiques often centered around resistance to utilizing financial
 incentives to drive drug abstinence. Staff are aware of two providers currently offering CM
 services in Portland, supported by private funding. These programs exist within a
 continuum of other treatment and recovery services also offered by the providers; their
 work and the approach have been profiled nationally.

 Polysubstance treatment is an approved use of OSF. However, state-level reimbursement
 for CM incentives is estimated to be at least two years out, leaving funding reliant on
 inconsistent private donations. An allocation of settlement funds could provide critical
 bridge funding and support approximately individuals with polysubstance use in
 accessing an evidence-based treatment option.

 ●​ Expansion and sustainability funding for OUD-related Maternal Health needs and
 community paramedicine SUD support- 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 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 amongst individuals with SUD while
 also helping mitigate risks of a broader HIV outbreak in Portland.

 ●​ Housing support for unsheltered individuals- In Portland, the HOPE program
 successfully connects unsheltered individuals to housing through outreach-based

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.



 2

 Page 13
 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.

 ●​ Flexible funding for local partners- Under this approach, local non-profit 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 support by City staff, which may
 carry an additional expense..



NEXT STEPS
Order 62-24/25, enacted by the Council in October 2024, allocates $936,479.26 for the purposes of
funding a day space, syringe redemption program, and/or on-peninsula methadone treatment. If
the Committee would like to change or expand the scope of the City’s opioid settlement fund
program, staff recommend amending Order 62 to reflect those desired changes.

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, Order 62-24/25 (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 | Fire Department
Chad D. Johnston, Fire Chief




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




MEETING DATE
November 13, 2025

AGENDA ITEM
Emergency Operations Plan Draft and Chapter 2 Ordinance Changes related to Emergency
Management.

PURPOSE
Review revisions to the Emergency Operations Plan (EOP) and Chapter 2, Article VIII of the
Portland City Code and consider recommending adoption by the City Council.

COMMITTEE WORK PLAN/CITY COUNCIL GOAL ALIGNMENT
Per State Statute Title 37-B Sec. 783 and City Ordinance Chapter 2 Article VIII Emergency
Preparedness, Municipal Disaster / Emergency Plans must be in place and approved by the
governing body.

BACKGROUND/ANALYSIS
The proposed changes to the EOP and associated ordinance were presented to the Committee at
its September 9, 2025 meeting. Following Committee discussion, no material changes were made
to the EOP. However, staff is recommending a change to a previously revised section of the
ordinance (Sec. 2-407. Termination of Emergency). The current ordinance requires the City
Council to approve the renewal of a state of emergency declared by the City Manager after 5 days.
Staff’s original proposed change increased the number of days to 10. After additional research and
consideration, staff recommends a period of 7 days. Attachment A reflects this change.

A Municipal Emergency Operations Plan (EOP) is vital because it helps the city prepare for and
respond to emergencies in a coordinated and comprehensive way. Given recent national events
including flooding, wildfires, global pandemic, weather events, shootings, etc. updating the EOP
is a top priority for city leadership and the city’s Emergency Management Director.

A jurisdiction’s EOP is a document that:

 ●​ Assigns responsibility to organizations and individuals for carrying out specific actions
 that exceed routine responsibility at projected times and places during an emergency




 1

 Page 15
 ●​ Sets forth lines of authority and organizational relationships and shows how all actions
 will be coordinated
 ●​ Describes how people (including unaccompanied minors, individuals with disabilities,
 others with access and functional needs, and individuals with limited English proficiency)
 and property are protected
 ●​ Identifies personnel, equipment, facilities, supplies, and other resources available within
 the jurisdiction or by agreement with other jurisdictions
 ●​ Reconciles requirements with other jurisdictions.


An EOP is flexible enough for use in all emergencies. A complete EOP describes: the purpose of the
plan along with the situation, assumptions, organization and assignment of responsibilities,
administration and logistics, plan development and maintenance, and authorities and references.

To assist with the EOP’s update, an internal Emergency Management Project Advisory Committee
(EMPAC) was formed with representation from most City departments. The EMPAC has reviewed
the attached draft during several feedback and suggestion sessions in the last two months.

As part of this EOP rewrite process, City Ordinance around emergency preparedness needed to be
reviewed for potential updates and or language changes to meet the unique needs, priorities, and
current resources that currently exist.

Proposed changes to the Ordinance Chapter 2 Article VIII include;
 ●​ Updating the title
 ●​ Changes in sec. 2-402 Definitions (Change Bureau to Office of Emergency Management)
 ●​ Minor changes and additions to sec. 2-403 Organization, 2-404 Director
 ●​ Minor changes to the sec. 2-406 Emergency Proclamation
 ●​ Added language under sec. 2-409 Emergency Operations Plans
 ●​ Changes in sec. 2-411 Compensation for injuries

A final draft of the base plan of the EOP is complete. Over the course of the next year, the Office of
Emergency Management will develop the functional and hazard specific annexes and engage
with the community about emergency preparedness and planning.

FISCAL IMPACT
There is no anticipated material fiscal impact associated with updating the EOP and Chapter 2,
Article VIII of the City Code. Some funding or budget capacity might be required to train and
exercise the final approved plan in the current and future fiscal years.



CONCLUSION(S)
This item is for information and discussion. Staff anticipate this item will be placed on the
committee’s October agenda for action and public comment, followed by City Council
consideration.




 2

 Page 16
PRIOR COMMITTEE REVIEW
Health & Human Services and Public Safety Committee (July 8, 2025) - Introduction

PREPARED BY
Chad Johnston​​ ​ ​ ​ Greg Jordan
Fire Chief​ ​ ​ ​ ​ Assistant City Manager
Fire Department​ ​ ​ ​ Executive Office​ ​ ​ ​

Caity Hager
EMA Coordinator
Fire Department

ATTACHMENTS
Attachment A - Proposed changes to Chapter 2 Article VIII Emergency Preparedness
Attachment B - Final Draft of Emergency Operations Plan (EOP)




​




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 ARTICLE VIII. EMERGENCY PREPAREDNESS MANAGEMENT


Sec. 2-401. Purpose.

 It is the intent and purpose of this article to establish an
Office of Emergency Management bureau of emergency preparedness in
compliance and in conformity with the provisions of Title 37-B,
M.R.S.A., Section 781 et seq., to ensure the complete and efficient
utilization of the city's facilities and resources to prevent, prepare
and respond to all hazards, natural and manmade human-made, that may
occur in the City of Portland and the surrounding region.
(Ord. No. 377-90, 6-6-90; Ord. No. 293-04/05, 6-20-05)

Sec. 2-402. Definitions.

 The following definitions shall apply in the interpretation of
this article:

 Bureau. "Bureau" shall mean the bureau of emergency preparedness
as established by this article.

 Director. “Director” means the Director of Emergency Management
appointed by the City Council pursuant to the provisions of this
article.

 Emergency Management. “Emergency Management” means the
coordination and implementation of an organized effort to mitigate
against, prepare for, respond to and recover from a disaster.

 Disaster. "Disaster" means the occurrence or imminent threat of
widespread or severe damage, injury or loss of life or property
resulting from any natural or man-made cause including, but not limited
to, fire, flood, earthquake, wind, storm, wave action, oil spill or
other water contamination requiring emergency action to avert danger or
damage, epidemic, air contamination, critical material shortage,
infestation, explosion, or riot or hostile military or paramilitary
action.

 Emergency preparedness. "emergency preparedness" means the
preparation for and the carrying out of all emergency functions, other
than functions for which military forces are primarily responsible, to
minimize and repair injury and damage resulting from disasters or
catastrophes caused by enemy attacks, sabotage, riots, terrorism or
other hostile action, or by fire, flood, earthquake or other natural or
man-made causes. These functions include, without limitation,
firefighting, police, medical and health, emergency welfare, rescue,
engineering, and communications services; evacuation of persons from
stricken areas; allocation of critical materials in short supply;
emergency transportation; other activities related to civilian
protection and other activities necessary to the preparation for the

 Page 18
carrying out of these functions.

 Emergency Preparedness Management ForcesResources. "Emergency
preparedness management forcesresources" shall mean the employees,
equipment and facilities of all city departments, boards, institutions
and commissions; and in addition, it shall include all volunteer
persons, equipment and facilities contributed by or obtained from
volunteer persons or agencies.

 Emergency Operations Plan (EOP). “Emergency Operations Plan” is a
comprehensive document that assigns responsibility during an emergency
and /or disaster, sets forth lines of authority, describes how people
and property are protected. It identifies personnel, equipment,
facilities, supplies and other resources available within the
jurisdiction or by agreement with other jurisdictions.

 Fire Chief. "Fire Chief" means the Fire Chief of the City of
Portland.
 Office. “Office” means the Office of Emergency Management
established pursuant to this article.
 (Ord. No. 377-90, 6-6-90; Ord. No. 293-04/05, 6-20-05)

Sec. 2-403. Organization.

 (a) The City Manager shall be responsible for the
Office’sbureau's organization, administration and operation. The City
Manager may employ such permanent or temporary employees as they he or
she deems necessary and may prescribe their duties.

 (b) The City Council shall review the existing operational
organization to ascertain the bureau's ability to cope with its
responsibilities and shall approve the city's emergency preparedness
operations plan.
(Ord. No. 377-90, 6-6-90; Ord. 98-15/16, 11-16-2015)

Sec. 2-404. Appointment of Director of BureauOffice; duties and
responsibilities
 The Fire Chief shall serve as theCity Manager or his or her
designee shall be the Director of Emergency Management. the Bureau, and
The Director shall coordinate the activities of all city departments,
organizations and agencies for emergency preparedness management
within the city and maintain a liaison with other emergency
preparedness agencies, public safety agencies, and have such additional
duties as necessary. If the Fire Chief is temporarily absent or
otherwise unable to serve as the Director for a period of time, the
Chief of Police shall serve as the Director during such period.
(Ord. No. 377-90, 6-6-90; Ord. No. 293-04/05, 6-20-05; Ord. 98-15/16, 11-16-2015)

Sec. 2-405. Rules and regulations.

 The Director of the Bureau shall prepare such policies as may be
deemed necessary for the administration and operational requirements of

 Page 19
the bureau Emergency Management, which policies must be approved by the
City Council prior to becoming effective.
(Ord. No. 377-90, 6-6-90; Ord. No. 293-04/05, 6-20-05; Ord. 98-15/16, 11-16-2015)

Sec. 2-406. Emergency proclamation.

 (a) The City Manager shall have the power and authority, after
consultation with the Director and Mayor, or one or more City Council
members in the Mayor’s absence, to issue a proclamation that an
emergency exists whenever a disaster or civil emergency exists or
appears imminent. The proclamation may declare that an emergency exists
in any or all sections of the city. If the City Manager is temporarily
absent from the City or otherwise unavailable, the Assistant City
Manager may issue the proclamation that an emergency exists. If neither
the City Manager nor the Assistant City Manager are available, then the
following persons shall have the power and authority to issue a
proclamation that an emergency exists, in the following order of
succession: the Fire Chief; if unavailable, the Chief of Police; if
unavailable, the Director of Public Works. A copy of such proclamation
shall be filed within twenty-four (24) hours in the office of the City
Clerk.
 (b) Notwithstanding the above, when consultation with the Mayor
or members of the City Council would result in a substantial delay in
an effective response in alleviating or preventing an emergency or
disaster, the City Manager is authorized to take whatever actions are
necessary to prevent the loss of life and property in the City.
 (c) The City Manager, in consultation with the Director, as the
Director of the Bureau shall be responsible for submitting a full
report to the City Council of all actions taken as a result of the
declared emergency as soon as the City Council can be convened.
 (Ord. No. 377-90, 6-6-90; Ord. No. 293-04/05, 6-20-05; Ord. 98-15/16, 11-16-2015;
Ord. No. 54-18/19, 9-5-2018)

Sec. 2-407. Termination of emergency.

 (a) When the City Manager is satisfied that a disaster or civil
emergency no longer exists, they he or she shall terminate the
emergency proclamation by another proclamation affecting the sections
of the city covered by the original proclamation, or any part thereof.
Said termination of emergency shall be filed in the office of the City
Clerk.

 (b) No state of emergency may continue for longer than sevenfive
(75) days unless renewed by the City Council.
(Ord. No. 377-90, 6-6-90; Ord. No. 293-04/05, 6-20-05; Ord. 98-15/16, 11-16-2015)

Sec. 2-408. City Manager's duties and emergency powers.

 (a) During any period when an emergency or disaster exists or
appears imminent, the City Manager may promulgate such regulations as
they he or she deems necessary, and consistent with the purposes of
this article, to protect life and property and to preserve critical


 Page 20
resources. Such regulations may include, but are not limited to, the
following:

 (1) Regulations prohibiting or restricting the movement of
 vehicles in areas within or without the city;

 (2) Regulations facilitating or restricting the movement of
 persons within the city;

 (3) Regulations pertaining to the movement of persons from
 hazardous areas within the city;

 (4) Such other regulations necessary to preserve public peace,
 health and safety.

Nothing in this section shall be construed to limit the authority or
responsibility of any department to proceed under powers and authority
granted to them by state statute, city ordinance or the charter of the
city.

 (b) The City Manager or his or her designee may order the
evacuation of persons from hazardous areas within the city.

 (c) The City Manager shall be authorized to request aid or
assistance from the state or any political subdivision of the state and
shall render assistance to other political subdivisions under the
provisions of Title 37-B, M.R.S. § 784-A.

 (d) The City Manager may obtain vital supplies, equipment and
other items found lacking and needed for the protection of health, life
and property.

 (e) The provisions of this section will terminate at the end of
the declared emergency.
(Ord. No. 377-90, 6-6-90; Ord. No. 293-04/05, 6-20-05; Ord. 98-15/16, 11-16-2015)

Sec. 2-409. Emergency operational plans Operations Plan.

 The Director of the BureauEmergency Management shall prepare an
emergency operational plan (EOP) for the city, which shall be submitted
to the City Council for approval. The emergency plan shall reflect the
use of the National Incident Management System (NIMS) as its primary
command and control system for all city, county, state and federal
agencies.
 Continued review and revision of the EOP is essential to the
City’s Emergency preparedness. Not less than once every three years,
the Director, in consultation with the City Manager shall review and
revise the EOP  and submit it to the City Council for
approval. Notwithstanding the foregoing, the Director, in consultation
with the City Manager, is authorized at any time to make administrative
changes to the plan. For purposes of this Article, administrative
changes are defined as those that do not substantially change emergency

 Page 21
processes or organizational roles and responsibilities otherwise
described in the EOP.
 It shall be the responsibility of all municipal departments and
agencies to perform the functions assigned and to maintain their
portions of the plan in a current state of readiness.
 (Ord. No. 377-90, 6-6-90; Ord. No. 293-04/05, 6-20-05; Ord. 98-15/16, 11-16-2015)

Sec. 2-410. Immunity from liability.

 All members of emergency preparedness forces, while engaged in
emergency preparedness activities, shall be immune from liability, as
set forth in Title 37-B, Section M.R.S. § 822.
(Ord. No. 377-90, 6-6-90; Ord. No. 293-04/05, 6-20-05; Ord. 98-15/16, 11-16-2015)

Sec. 2-411. Compensation for injuries.

 All members of emergency preparedness forces shall be deemed to be
employees of the state when engaged in training or on duty while on,
preparing for, or training for emergency management duty, and shall
have all of the rights of state employees under the Workers’men's
Compensation Act, as set forth in Title 37-B, M.R.S. § 823.
(Ord. No. 377-90, 6-6-90; Ord. No. 293-04/05, 6-20-05; Ord. 98-15/16, 11-16-2015)

Sec. 2-412. Violation of regulations.

 It shall be unlawful for any person to violate any provisions of
this article or of the regulations or plans issued pursuant to the
authority contained herein, or to obstruct, hinder or delay any member
of the emergency preparedness organization as herein defined in the
enforcement of the provisions of this article or any regulation or plan
issued thereunder.
(Ord. No. 377-90, 6-6-90; Ord. No. 293-04/05, 6-20-05)

Sec. 2-413. Penalty.

 Any person, firm or corporation violating any provision of this
article or any rule or regulation promulgated thereunder, upon
conviction thereof, shall be punished by a fine of not more than one
thousandfive hundred dollars ($1,000.00500.00) and the costs of
prosecution.
(Ord. No. 377-90, 6-6-90)

Sec. 2-414. Severability.

 Should any provision of this article be declared invalid for any
reason, such declaration shall not affect the validity of other
provisions, or of this article as a whole, it being the legislative
intent that the provisions of this article shall be severable and
remain valid notwithstanding such declaration.
(Ord. No. 377-90, 6-6-90)

Sec. 2-415. Conflicting ordinances, orders, rules and regulations


 Page 22
City of Portland Administration
Code of Ordinances Chapter 2
Sec. 2-464 Rev. 7-1-2025

suspended.

 At all times when the orders, rules and regulations made and
promulgated pursuant to this article shall be in effect, they shall
supersede all existing ordinances, orders, rules and regulations,
insofar as the latter may be inconsistent herewith.
(Ord. No. 377-90, 6-6-90)

Sec. 2-416. – 2-429. Reserved




 Page 23
City of Portland, Maine
EMERGENCY
OPERATIONS PLAN
 ft
  ra
D
 Page 24
Table of Contents
SECTION 1: INTRODUCTION AND RISK ASSESSMENT​ 7
 1.1 Introduction​ 7
 1.1.1 Purpose​ 7
 1.1.2 Foundational Laws and City Code​ 7
 1.1.2.1 Local​ 7
 1.1.2.2 State​ 7
 1.1.3 Emergency Operations Plan (EOP) Structure​ 8
 1.1.4 Relationship to Other Plans​ 8
 1.1.5 Planning Principles​ 9
 1.1.6 Scope and Applicability​ 10
 1.2 Community Risk​ 10
 1.2.1 City Overview and Makeup​ 10




 ft
 Visual 1.1 Older Population by Age in Portland, ME​
 Visual 1.2 Population Pyramid​
 Visual 1.3 Median Household Income​
 Visual 1.4 Race / Ethnicity Composition​
 Visual 1.5 City of Portland Islands​
 11
 11
 11
 12
 13




 ra
 Visual 1.6 The Five Voting Districts of Portland​
 1.2.2 Community Risk and Hazards Summary​
 1.2.2.1 Threat and Hazard Identification and Risk Assessment​
 1.2.2.2 Capability and Risk Assessment Tool (CaRAT)​
 1.2.2.3 Integration into the EOP​
 Visual 1.6 Summary of Threat and Hazard Risk Assessment​
SECTION 2: CONCEPT OF OPERATIONS (CONOPS)​
 2.1 Emergency Management Authorities and Responsibilities​
 14
 14
 14
 15
 15
 16
 16
 16




D 2.1.1 Introduction​
 2.1.2 City Council​
 2.1.2.2 Coordination​
 2.1.3 Mayor​
 2.1.4 City Manager​
 2.1.5 City Clerk​
 2.1.6 Emergency Management Director (Local)​
 2.1.6.1 Legal Authority​
 2.1.7 Office of Emergency Management​
 2.1.7.1 Composition​
 16
 17
 17
 18
 19
 20
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 21
 22
 2.1.7.2 Authority and Responsibilities​ 22
 2.1.7.3 Legal Authority​ 23



Emergency Operations Plan 2025​ ​ ​ ​ ​ ​ ​ ​ ​ Pg.2

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 2.1.8 Private Sector​ 23
 2.1.8.1 Legal and Policy Frameworks​ 24
 Table 2.1 Key Private Sector Partners in the Portland Metro Area​ 24
 2.1.9 Non-Governmental Organizations (NGOs)​ 25
 2.1.9.1 Legal and Policy Frameworks​ 25
 Table 2.2 Key NGOs in the Portland Metro Area​ 26
 2.1.10 Cumberland County EMA (CCEMA)​ 26
 2.1.11 State of Maine EMA (MEMA)​ 27
 2.1.12 Federal Emergency Management Agency (FEMA)​ 28
 2.1.12.1 Legal Authority​ 29
 2.2 Emergency Organization and Operations​ 29
 2.2.1 Introduction​ 29
 Table 2.3 NIMS Components and Key Functions​ 29
 2.2.2 Incident Command System (ICS)​ 30
 2.2.2.1 ICS Overview​
 2.2.2.2 ICS Command Staff​
 ft
 2.2.2.3 ICS Operations Section​
 2.2.2.4 ICS Planning Section​
 30
 31
 31
 31




 ra
 2.2.2.5 ICS Logistics Section​
 2.2.2.6 ICS Finance and Administration Section​
 2.2.2.7 ICS Intelligence and Investigation Section​
 Visual 2.1 Incident Command Sections Explained​
 Visual 2.3 ICS Chart​
 2.2.2.8 Area Command​
 Visual 2.4 Area Command​
 2.2.3 Emergency Operations Center (EOC)​
 31
 31
 32
 32
 33
 33
 33
 34




D 2.2.3.1 EOC Purpose and Application​
 2.2.3.2 EOC Management Section​
 Visual 2.5 EOC Functional Chart​
 2.2.3.3 EOC Operations Section​
 2.2.3.4 EOC Planning Section​
 2.2.3.5 EOC Logistics Section​
 2.2.3.6 EOC Finance and Administration Section​
 2.2.3.7 IT Information Section​
 2.2.3.8 EOC Liaison Section​
 2.2.4 Joint Information System (JIS) & Center (JIC)​
 2.2.5 Incident Management Assistance Teams (IMATs)​
 34
 34
 35
 35
 35
 36
 36
 36
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 37
 2.2.6 Disaster Assistance Center (DAC)​ 37
 2.2.7 Mass Casualty Management Structures​ 38


Emergency Operations Plan 2025​ ​ ​ ​ ​ ​ ​ ​ ​ Pg.3

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 2.2.9.1 Victim Identification Center (VIC)​ 38
 2.2.9.2 Family Assistance Center (FAC)​ 38
 2.2.8 Public Alert and Warning​ 38
 2.2.8.1 Authority​ 38
 Table 2.4 Key Elements of Public Alert and Warning​ 39
 2.2.9 Public Protective Actions​ 41
 2.2.9.1 Introduction​ 41
 2.2.9.2 Evacuation​ 41
 2.2.9.3 Shelter in Place​ 41
 2.2.9.4 Curfew​ 41
 2.2.9.5 Avoid the Area​ 42
 2.2.9.6 Public Health Protective Actions​ 42
SECTION 3: ROLES AND RESPONSIBILITIES​ 42
 3.1 Organizational Emergency Functions​ 42


 ft
 3.1.1 Emergency Functions Overview​
 3.1.1.1 Lead Agencies / Organizations​
 3.1.1.2 Support Agencies / Organizations​
 3.1.1.3 Partner Organizations​
 42
 43
 43
 43




 ra
 3.1.2 Core Capabilities​
 3.1.2.1 Capabilities Shared Among All Mission Area​
 3.1.2.2 Prevention and Protection Mission Areas​
 3.1.2.3 Mitigation Mission Area​
 3.1.2.4 Response Mission Area​
 3.1.2.5 Recovery Mission Area​
 3.1.3 Capability Tables​
 3.1.4 Other Emergency Responsibilities​
 43
 44
 44
 45
 45
 47
 47
 49




D 3.1.4.1 General Responsibilities for All City Departments and Agencies​
 3.1.4.2 Responsibilities for Partner Organizations​
 3.1.4.3 Responsibilities for All Personnel​
 3.2 Responsibilities: City of Portland Departments​
 3.2.1 Finance Department​
 3.2.2 Planning & Urban Development Department​
 3.2.3 Health and Human Services Department​
 3.2.4 Corporation Counsel / Legal Department​
 3.2.5 Permitting and Inspections Department​
 3.2.6 Police Department​
 50
 50
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 51
 51
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 54
 55
 3.2.7 Fire Department​ 56
 3.2.8 Public Works Department​ 57
 3.2.9 Parks, Recreation, and Facilities Department​ 58


Emergency Operations Plan 2025​ ​ ​ ​ ​ ​ ​ ​ ​ Pg.4

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 3.2.10 Portland International Jetport (PWM)​ 59
 3.2.11 Communications & Digital Services Department​ 61
 3.2.12 Information & Technology (IT)​ 61
 3.3 Responsibilities: Internal City Support​ 62
 3.3.1 Human Resources​ 63
 3.3.2 Housing and Economic Development​ 64
 3.3.3 Assessor​ 64
 3.4 Responsibilities: Independent Agencies, State Government, Federal Government and
 Quasi-governmental Organizations​ 64
 3.4.1 Portland Public Schools (PPS)​ 65
 3.4.2 Metropolitan Transportation (Greater Portland METRO)​ 65
 3.4.3 Central Maine Power (CMP)​ 66
 3.4.4 Portland Water District (PWD)​ 66
 3.4.5 Unitil Corporation​ 66



 ft
 3.4.6 MaineHealth Maine Medical Center – Portland and Northern Light Mercy Hospital​
 3.4.7 Portland Housing Authority (PHA)​
 3.4.8 Colleges and Universities​
 3.4.9 Private Schools and Charter Schools​
 67
 67
 68
 68




D
 3.4.10 Neighborhood Districts​ 69
 3.4.11 Amtrak and Railroad Transportation​ 69
 3.4.12 Cumberland County​ 70
 3.4.13 State of Maine​ 70




 ra 3.4.14 Federal Government​
 3.5 Responsibilities: Private Sector Partners​
 3.5.1 Local Business Groups & Organizations​
 3.5.2 Portland Downtown District​
 3.5.3 Lodging / Hotel Providers​
 3.5.4 Tourism Industry​
 3.5.5 Cruise Ship Industry​
 3.5.6 Supermarkets and Food Suppliers​
 3.5.7 Assisted Living Facilities & Nursing Homes​
 3.5.8 Transportation Industry​
 3.5.9 Financial Institutions​
 3.5.10 Hospitals​
 71
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 73
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 73
 74
 74
 75
 75
 3.5.11 Utility Companies​ 76
 SECTION 4: PLAN MAINTENANCE​ 77
 4.1 Introduction​ 77
 4.2 Maintenance Process​ 77
 4.2.1 Formal Approval​ 77


Emergency Operations Plan 2025​ ​ ​ ​ ​ ​ ​ ​ ​ Pg.5

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 4.2.2 Record of Changes / Revisions​ 77
 4.3 Training, Exercises, and Evaluation​ 77
 4.3.1 Training, Exercises, and Evaluation​ 77
 4.3.1.1 Training​ 78
 4.3.1.2 Exercises​ 78
 4.3.1.3 Evaluation and Improvement Planning​ 78
SECTION 5: APPENDICES AND ANNEXES​ 79
 5.1 Support Appendices​ 79
 5.1.1 Glossary of Terms and Acronyms​ 79
 Table 5.1 Portland EOP Glossary of Terms and Acronyms​ 79
 5.1.2 Record of Revision / Change​ 81
 5.1.3 Record of Distribution​ 82
 5.1.4 City of Portland Organizational Chart​ 83




 ft
 Visual 5.1 City of Portland Organizational Chart​
 5.1.5 Private Sector Partners – Quick Reference​
 5.2 Hazard Specific and Functional Annexes​
 5.2.1 Introduction​
 5.2.2 List of Hazard Specific Annexes​
 83
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 85




Dra
 5.2.3 List of Functional Annexes​ 86




Emergency Operations Plan 2025​ ​ ​ ​ ​ ​ ​ ​ ​ Pg.6

 Page 29
SECTION 1: INTRODUCTION AND RISK ASSESSMENT

1.1 Introduction

1.1.1 Purpose
This Emergency Operations Plan (EOP) provides a framework for the coordinated management
of emergencies that affect the City of Portland. This plan considers the entire community and
was developed in cooperation with all City departments, agencies and offices (departments), as
well as special districts; local, state and federal government agencies; private sector
organizations; and citizen groups (partner organizations). The EOP creates a unified framework
for emergency operations by identifying roles and responsibilities, as well as actions to be taken
before, during and after a disaster. It sets forth lines of authority and organizational



 ft
relationships. It identifies personnel, equipment, facilities, supplies and other resources
available within the jurisdiction or by agreement with other jurisdictions.


1.1.2 Foundational Laws and City Code




D 1.1.2.1 Local




 ra
 ●​ City of Portland Chapter 2 Article VIII Emergency Management Sec. 2-401
 ●​ City of Portland Chapter 2 Administration Sec. 2-17 (a)
 ●​ City of Portland Chapter 2 Administration Sec. 2-17 (b)
 ●​ City of Portland Chapter 2 Administration Sec. 2-17 (c)
 ●​ City of Portland Chapter 2 Administration Sec. 2-17 (d)
 ●​ City of Portland Chapter 2 Administration Sec. 2-17 (e)
 ●​ City of Portland Chapter 2 Administration Sec. 2-17 (f)
 ●​ City of Portland Chapter 2 Article VIII Emergency Management Sec. 2-409

  1.1.2.2 State
 ●​ Maine State Statute Title 37-B § 781
 ●​ Maine State Statute Title 37-B § 783

  1.1.2.3 Federal
 ●​ Emergency Planning and Community Right to Know Act of 1986 (42 U.S.C. § 11001 et.
 seq.)
 ●​ Comprehensive Planning Guide 101 (CPG) 2021 Version 3.0
 ●​ FEMA’s National Incident Management System (NIMS) 3rd Edition October 2017
 ●​ FEMA’s National Preparedness Goal, 2nd Edition, September 2015


Emergency Operations Plan 2025​ ​ ​ ​ ​ ​ ​ ​ ​ Pg.7

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 ●​ Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.)


1.1.3 Emergency Operations Plan (EOP) Structure
This Portland Emergency Operations Plan (EOP) is comprised of three distinct components:
 1.​ Base Plan: The Base Plan defines the purpose of the EOP, the plan’s legal underpinning
 and authorities, the City’s emergency management organization, roles and
 responsibilities during an Emergency Operations Center (EOC) activation, and each
 department’s major emergency responsibilities. It defines the roles and relationships of
 external stakeholders, private partners, and non-governmental organizations.
 2.​ Support or General Appendices: The general appendices include a Glossary of Terms
 and Acronyms, Record of Change / Revision, Record of Distribution and other indexes to
 guide use of the EOP and exhibit compliance with all relevant standards. Any references
 that have been used to create this document will be located in this section.



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 3.​ Hazard Specific Annexes: This section examines management strategies for certain
 consequential threats and hazards particularly relevant to the City. These annexes focus
 on critical operational functions and who is responsible for carrying them out. They
 describe the policies, processes, roles, and responsibilities that agencies and
 departments carry out before, during and after any emergency. While the base plan




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 provides broad, overarching information relevant for all disasters, these annexes focus
 on specific responsibilities, tasks, and operational actions that pertain to a particular
 emergency.
 4.​ Functional Annexes: Functional annexes are the "how-to" guide for specific emergency
 management functions that are essential for an effective and coordinated response.
 They break down the operational details, roles, responsibilities, and procedures for
 critical activities that must be performed by multiple departments or agencies during an
 emergency.


1.1.4 Relationship to Other Plans
This EOP is designed to be used with other City and County plans including:
 ●​ Portland Public Health Division All-Hazard Base Plan - establishes the framework for
 activating and managing Public Health Division activities and details the public health
 capabilities and resources available for incident response.
 ●​ Cumberland County Hazard Mitigation Plan - describes the strategies taken to reduce
 the impact of hazards in the City of Portland and county before a disaster occurs.
 ●​ One Climate Future Plan - Portland and South Portland’s joint Climate Action Plan that
 focuses on four areas to reduce our contributions to climate change and strengthen the
 communities’ ability to respond to climate hazards.


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 ●​ Portland’s Plan 2030 - Portland’s Comprehensive Plan, a long-range policy for growth,
 land use, development.


1.1.5 Planning Principles
This particular plan outlines the City’s emergency response and recovery framework structured
to manage any emergency that occurs. The EOP allows flexibility and discretion within a
well-defined emergency management framework to enable a nimble and coordinated response.
The EOP is based on the following principles:
 ●​ The EOP addresses Portland’s emergency management from a whole community
 perspective by incorporating the needs, responsibilities and capabilities of not only
 government, but that of private and non-profit partners as well.
 ●​ Emergency preparedness is everyone’s responsibility. Residents, businesses and
 government have individual preparedness responsibilities that must be internally



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 addressed and coordinated with each other.
 ●​ The immediate response priority to any emergency or disaster situation is saving lives
 and then protecting critical infrastructure, property and the environment.
 ●​ Nothing in this plan alters or impedes the ability of local, state, and federal governments
 or private agencies and organizations from carrying out their specific authorities or




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 performing their specific responsibilities under all applicable laws, executive orders and
 directives. In other words, day to day duties and responsibilities are not replaced by this
 EOP. This plan is used when a disaster or emergency exists that warrants the use of parts
 of it or in its entirety.
 ●​ An emergency may impact emergency management and response personnel rendering
 them unable to execute their emergency responsibilities. Each department and partner
 organization should build personnel depth within their organizations to ensure they are
 able to meet their responsibilities outlined in this plan.
 ●​ It is the responsibility of Department Heads in each department and organization to
 ensure their staff are trained, prepared and available to meet the requirements of this
 plan.
 ●​ Response operations may last several hours, days, weeks or longer. Recovery operations
 may last days, weeks, months or even years.
 ●​ An emergency may require the mobilization and reallocation of available local resources.
 All resources maintained by the City of Portland may be called upon to assist with
 emergency response. Furthermore, resources not normally available to the City may be
 acquired through emergency procurement, donations or other means.
 ●​ If an emergency exceeds local response capabilities, outside assistance may be available
 through mutual aid agreements with nearby jurisdictions or through the State’s
 Emergency Operations Center. Often a local emergency must be declared and local

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 resources fully committed before state or federal assistance is requested. Additionally,
 depending on the size and scope of the emergency and/or concurrent emergencies
 across a wide geographic area, resources may not be available in a timely manner.


1.1.6 Scope and Applicability
The EOP is the principal plan governing all emergencies and disasters occurring within the limits
of the City or affecting the well-being of the residents, visitors, businesses or environment. City
departments will support the EOP’s Concept of Operations and carry out their assigned
functional responsibilities to ensure orderly and timely delivery of assistance during an
emergency.

Furthermore, the EOP applies to all partner organizations, private businesses and NGOs
operating inside the City limits. While the EOP is not binding on the operations of organizations



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external to City government, this plan strongly encourages all local organizations and businesses
to coordinate their emergency plans and procedures with the provisions of the EOP to ensure a
coordinated citywide emergency response and recovery effort. This same concept applies to
critical infrastructure, facilities, vulnerable geographical areas, Casco Bay Islands, hospitals,
assisted living facilities, and nursing homes.




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The EOP does not need to be officially activated prior to one or more of the sections herein
being implemented. Furthermore, each department and organization listed in the EOP is




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responsible for understanding its own emergency authority and procedures when implementing
the provisions of the EOP. This plan, similar to the NIMS and ICS models, is designed to be
scalable to meet the needs of all City departments from small daily incidents to large scale
emergencies.


1.2 Community Risk

1.2.1 City Overview and Makeup
Portland is the most populous city in the state of Maine and the seat of Cumberland County.
According to the 2023 American Community Survey, Portland’s population estimate is 69,104
with an estimate of 32,393 households, 46.7% of which are owner-occupied. The Greater
Portland metropolitan area has a population of approximately 550,000 people, making it by far
Maine’s most populous metropolitan area. Seventeen percent of our population is 65 years or
older, and 15.4% is under 18.




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Visual 1.1 Older Population by Age in Portland, ME




Visual 1.2 Population Pyramid




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Visual 1.3 Median Household Income
The median household income is $76,174.




Although English is the primary language spoken in the Portland Metro Area, there is a significant
population that speaks different languages. The Portland Public Schools serves approximately
6,500 students in pre-K through grade 12, about one-third of whom come from homes where a
language other than English is spoken - for a total of more than 50 languages. The top five
languages spoken in Portland other than English are:

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 1.​ French
 2.​ Spanish
 3.​ Portuguese
 4.​ Somali
 5.​ Arabic

Roughly 80% of our population identifies as Caucasian with 9% identifying as Black alone, 6.2%
as two or more races, 3.2% as Asian, and 3.1% as Hispanic or Latino. Eleven percent of our
population identifies as being foreign-born.

Visual 1.4 Race / Ethnicity Composition
 Race/Ethnicity 2020 2010 2000 1990 1960

 White

 African Americans

 Asian
 84.6%

 8.4%

 3.5%
 83.6%

 7.1%

 3.5%
 ft 91.27%

 2.59%

 3.08%
 96%

 1.1%

 1.7%
 99.4%

 0.5%

 0.1%




DTwo or more races

 Hispanic or Latino




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 Native American




 ●​ Peaks Island
 2.9%

 3%

 0.1%



There are also five islands in Casco Bay that are part of the City of Portland. The five Islands
which receive City services and are part of City Council District 1 are:

 ●​ Little Diamond Island
 2.7%

 3%

 0.5%
 1.86%

 1.52%

 0.47%
 0.2%

 0.8%

 0.4%
 NA

 NA

 NA




 ●​ Great Diamond Island
 ●​ Cliff Island
 ●​ Cushing Island




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Visual 1.5 City of Portland Islands




The City has adopted a council-manager style of government that is detailed in the City Charter.



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The citizens of Portland are represented by a nine-member City Council (eight councilors and
mayor), which makes policy, passes ordinances, approves appropriations, appoints the City
Manager, Corporation Counsel and City Clerk, approves department head positions, and
oversees the municipal government. Portland’s municipal budget for FY26 was $365.6 million.
The City Council is elected by the citizens of Portland. The City has five voting districts, with




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each district electing a city councilor to represent their neighborhood interests for a three-year
term. There are also three members of the City Council who are elected at-large for three-year
terms. The Mayor is popularly elected and serves a four-year term. Elections for council and




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mayoral seats are determined by ranked-choice voting when necessary.




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Visual 1.6 The Five Voting Districts of Portland




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1.2.2 Community Risk and Hazards Summary
  1.2.2.1 Threat and Hazard Identification and Risk Assessment
  The City of Portland utilizes the Threat and Hazard Identification and Risk Assessment
  (THIRA) process and the Capability and Risk Assessment Tool (CaRAT) as foundational
  elements of its emergency management program. These assessments ensure that
  preparedness efforts are risk-based and capability-driven, aligning with FEMA’s National
  Preparedness System and the State of Maine’s emergency management framework.
  ​
  The THIRA is a structured, FEMA-recommended process used to identify and assess the
  threats and hazards that could affect the City of Portland. It provides a framework for
  understanding the potential impacts of these events and determining the capability targets
  necessary to manage them effectively.




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 The THIRA process involves:
 ●​ Identifying natural, technological, and human-caused hazards relevant to Portland.
 ●​ Describing the context and potential impacts of each hazard.
 ●​ Establishing measurable capability targets to guide response and recovery.
 ●​ Using the results to inform emergency planning, training, exercises, and resource
 allocation.

  1.2.2.2 Capability and Risk Assessment Tool (CaRAT)
  The CaRAT is used in conjunction with the THIRA to measure the City’s current capabilities
  against the identified capability targets. This tool, provided by the Maine Emergency
  Management Agency (MEMA), allows Portland to assess its strengths and identify areas for
  improvement across FEMA’s Core Capabilities.​

 The CaRAT process involves:


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 ●​ Linking THIRA-identified hazards and capability targets to capability assessments.
 ●​ Evaluating the City’s current capacity for each Core Capability.
 ●​ Identifying gaps between existing capabilities and required targets.
 ●​ Prioritizing investments in training, equipment, partnerships, and planning to close




D capability gaps

  1.2.2.3 Integration into the EOP
  The results of the THIRA and CaRAT assessments directly inform this Emergency Operations




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  Plan (EOP), particularly the core capabilities matrix, operational concepts, and resource
  management strategies. While the full THIRA and CaRAT documents are maintained
  separately as part of the City’s emergency management program, their findings are
  summarized within this plan to ensure alignment between identified risks, capability targets,
  and operational readiness.

 In 2024, the City’s Emergency Management Coordinator conducted a series of workshops
 with key city departments, partner agencies, and community stakeholders to compile a
 comprehensive Risk and Hazards Summary. These workshops gathered local knowledge and
 historical data, validated hazard scenarios, and refined the City’s hazard profiles. The
 information collected during these sessions directly informed both the THIRA and CaRAT
 processes, ensuring that the City’s capability targets and gap analyses are based on current,
 locally relevant risk data.




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Visual 1.6 Summary of Threat and Hazard Risk Assessment

 ●​ Cyber Incident
 ●​ Winter Storm - Nor’Easter
 ●​ Terrorist / Mass Violence
 High Risk ●​ Winter Storms - Blizzard & Ice Storm
 ●​ Extreme Cold
 ●​ Flash Flooding
 ●​ Infectious Disease Outbreak
 ●​ Summer Weather - Windstorm

 ●​ Coastal Flooding
 ●​ Transportation (Mass Casualty) Incident
 ●​ Hazmat Release - Transportation
 ●​ Hazmat Release - Fixed site
 ●​ Urban Multi-Structure Fire
  Medium Risk

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 ●​ Earthquake
 ●​ Space Weather
 ●​ Riverine Flooding
 ●​ Heat Wave
 ●​ Radiological Incident




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 Low Risk
 ●​ Rural Wildfire
 ●​ Landslide
 ●​ Bridge / Building Collapse
 ●​ Tornadoes
 ●​ Drought


SECTION 2: CONCEPT OF OPERATIONS (CONOPS)

2.1 Emergency Management Authorities and Responsibilities

2.1.1 Introduction
City, state and federal agencies are each granted unique authorities to manage emergencies.
These authorities are closely coordinated between government agencies as well as with
external partner organizations to ensure a whole community emergency management strategy.
While successful emergency management is a collaborative effort, Maine Revised Statutes,
Title 37-B, Chapter 13 (the “Maine Emergency Management Act”) vests ultimate legal authority
for coordinating emergency response and recovery activities within Portland with City
government, and the City of Portland Code of Ordinances, Chapter 2, Article VIII – Emergency


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Management (the “Emergency Management Ordinance”) provides authority and limited
liability protections for City employees, agents, or representatives engaged in carrying out these
activities. Large emergencies and disasters may require the support and resources of state and
federal entities, but overall direction and control of emergency response and recovery activities
is maintained by City government until the point that Portland can no longer maintain
continuity of operations.


2.1.2 City Council

The Portland City Council serves as the legislative body of the City and plays a key policy-making
and oversight role in emergency management. While operational authority during an
emergency resides with the City Manager and designated incident management officials, the
City Council holds important statutory and governance responsibilities to ensure the
community’s readiness, response, and recovery.


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  2.1.2.1 Authorities and Responsibilities

 ●​ Policy Oversight: Provide policy direction and oversight for the City’s emergency
 management program, including review and adoption of the Emergency Operations Plan




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 (EOP) and any substantive amendments.
 ●​ Appropriation of Funds: Authorize the allocation or reallocation of City resources and
 funds for emergency preparedness, response, and recovery activities, including
 supplemental appropriations during or following a declared emergency.
 ●​ Declaration of Emergency: Ratify or extend a local emergency proclamation issued by
 the City Manager, consistent with the Maine Emergency Management Act and the
 Emergency Management Ordinance.
 ●​ Legislative Support: Adopt temporary ordinances or measures necessary to protect life,
 property, and the environment during emergencies.
 ●​ Community Representation: Serve as representatives of their constituents by
 communicating public concerns to the City Manager, Public Information Officer, and
 other officials during an emergency.
 ●​ Post-Incident Review: Participate in post-incident briefings, After Action Reports (AARs),
 and improvement planning to assess the effectiveness of City response and recovery
 efforts.

  2.1.2.2 Coordination
  The City Council works in coordination with the City Manager, Office of Emergency
  Management, and other executive staff to ensure emergency policies are aligned with
  community priorities and legal requirements. During emergency operations, Council


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 Members receive situational updates and may participate in the Joint Information System
 (JIS) for consistent public messaging.

 As elected advocates for the five City Council Districts, council members are responsible for
 coordinating with their respective districts during an emergency to determine the needs of
 the citizens of their districts. At-Large council members are responsible for assisting their
 colleagues in identifying the needs of the City as a whole. These needs should then be
 communicated back to the City’s Emergency Operations Center (EOC).


2.1.3 Mayor

Under the Portland City Charter, the Mayor is elected citywide and serves as the official head of
the City for ceremonial purposes and as the chair of the City Council. The Mayor’s role includes
providing policy leadership, presiding over Council meetings, and representing the City in


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intergovernmental and ceremonial matters.​
​
 For Emergency Management purposes, the Mayor’s authority and responsibilities include:

 ●​ Providing policy leadership to the City Council on emergency preparedness, response,




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 and recovery priorities.
 ●​ Communicating with the public as the elected leader of the City to provide reassurance,
 situational updates, and policy direction during emergencies.
 ●​ Representing the City in intergovernmental coordination, including meetings with
 county, state, federal, and tribal officials on disaster response and recovery matters.
 ●​ Coordinating with the City Manager and Emergency Management Director to ensure
 that emergency declarations, ordinances, and resource requests are consistent with the
 City’s needs and legal requirements.
 ●​ Support coordinated public messaging in partnership with the Public Information Officer
 (PIO) and Joint Information System (JIS).
 ●​ Participating in official actions of the City Council, such as adopting emergency
 measures, approving resource allocations, and ratifying emergency declarations when
 required.
 ●​ Supporting continuity of government operations by ensuring that the Council remains
 functional and engaged during and after an emergency.

While the City Manager retains administrative control over emergency operations, the Mayor
plays a vital role in setting policy priorities, maintaining public confidence, and fostering
intergovernmental relationships during all phases of Emergency Management.



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2.1.4 City Manager

Under the Portland City Charter (Article VI, Section 5), the City Manager serves as the chief
administrative officer of the City of Portland. Appointed by the City Council, the City Manager is
selected solely on the basis of executive and administrative qualifications.

For Emergency Management purposes, the City Manager’s authority includes:

 ●​ Enforcing all laws, ordinances, and Council policies applicable to emergency
 management operations.
 ●​ Exercising administrative control over all City departments and directing the
 implementation of emergency policies established by the Council.
 ●​ Ensuring compliance with the City’s Emergency Operations Plan (EOP) and delegating
 authority to department heads and the Emergency Management Director as
 appropriate.


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 ●​ Preparing and submitting emergency-related budget proposals and resource requests.
 ●​ Presenting reports to the Council on emergency preparedness, response, and recovery
 status.
 ●​ Keeping the Council informed on the condition of the City, including hazard




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 vulnerabilities and emergency response capabilities.
 ●​ Coordinating with the Mayor, Emergency Management Director, and other stakeholders
 to prepare and maintain the City’s emergency planning and response framework.
 ●​ Issue local emergency proclamations when necessary, consistent with the Maine
 Emergency Management Act and the Emergency Management Ordinance.
 ●​ Serve as the City’s Chief Executive Officer with overall responsibility for managing
 emergency operations.
 ●​ Direct and coordinate all City departments and agencies during emergency operations.
 ●​ Authorize the activation of the Emergency Operations Center (EOC) and designating an
 EOC Manager.
 ●​ Approve emergency policies, resource allocations, and mutual aid requests.
 ●​ Serve as the primary link between the City Council and the Office of Emergency
 Management during emergency situations.
 ●​ Represent the City in intergovernmental coordination efforts at the county, state, and
 federal levels.
 ●​ Ensure that critical information is communicated promptly to elected officials,
 department heads, and the public.

In all emergency situations, the City Manager retains ultimate administrative responsibility for
ensuring that emergency operations are carried out effectively, in accordance with the City
Charter, applicable ordinances, and the EOP.



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2.1.5 City Clerk

Under the Portland City Charter, the City Clerk is appointed by the City Council and serves as the
official records custodian for the City of Portland. The Clerk’s duties include maintaining the
official record of Council proceedings, preserving all ordinances and resolutions, managing
public notices, and ensuring compliance with applicable open government laws.​
​
For Emergency Management purposes, the City Clerk’s authority and responsibilities include:

 ●​ Maintaining official emergency records, including Council resolutions declaring a state of
 emergency and related legislative actions.
 ●​ Attesting and certifying emergency declarations, ordinances, and orders issued by the
 City Council or City Manager under emergency powers.
 ●​ Coordinating public notification of emergency measures, including publishing official
 notices as required by law.

 ft
 ●​ Preserving historical documentation related to the emergency for legal, financial, and
 after-action reporting purposes.
 ●​ Supporting continuity of government operations by safeguarding critical records and
 ensuring access to essential documents during emergency situations.




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 ●​ Working in coordination with the Emergency Management Director and City Manager to
 ensure that official communications are timely, accurate, and compliant with statutory
 requirements.

In all emergency situations, the City Clerk plays a critical role in ensuring legal compliance,
accurate recordkeeping, and transparency in official City actions, in accordance with the City
Charter, applicable ordinances, and state public records laws.


2.1.6 Emergency Management Director (Local)

Under the City of Portland’s municipal code and in accordance with the Maine Revised Statutes,
Title 37-B, the City’s Emergency Management Agency (EMA) Director is responsible for the
coordination and administration of the City’s emergency management program. In Portland,
this position is held by the Fire Chief, who serves in a dual role providing both operational
leadership for the Fire Department and overall direction for Emergency Management activities
within the City.​
​
For Emergency Management purposes, the EMA Director / Fire Chief’s authority and
responsibilities include:



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 ●​ Coordinating all-hazards emergency preparedness, response, recovery, and mitigation
 activities within the City of Portland.
 ●​ Activating and directing the City’s Emergency Operations Center (EOC) during incidents
 requiring multi-agency coordination.
 ●​ Serving as the primary point of contact between the City Manager, Mayor, Department
 Heads, Cumberland County EMA, and the Maine Emergency Management Agency
 (MEMA) during emergencies.
 ●​ Developing, maintaining, and exercising the City’s Emergency Operations Plan (EOP) and
 related annexes.
 ●​ Overseeing emergency training and exercise programs to ensure readiness of City
 personnel and partner agencies.
 ●​ Coordinating resource requests from City departments and integrating mutual aid,
 county, state, and federal resources into City operations.
 ●​ Advising the City Manager and Mayor on emergency declarations, public protective


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 actions, and policy decisions.
 ●​ Ensuring compliance with NIMS and the National Response Framework (NRF) for all City
 emergency management activities.
 ●​ Maintaining situational awareness and ensuring timely dissemination of critical




D information to stakeholders and the public.

  2.1.6.1 Legal Authority
  The position and authorities of the EMA Director are established by the Emergency




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  Management Ordinance in alignment with section782 of the Maine Emergency Management
  Act, which mandates each municipality to designate an EMA Director with responsibility for
  local emergency management. The Fire Chief also operates under Chapter 2 Sec. 2-17 (b) and
  Chapter 10 Fire Prevention & Protection.


2.1.7 Office of Emergency Management
The City of Portland Office of Emergency Management (OEM) serves as the central coordination
body for all emergency management activities within the City. The OEM functions under the
authority of the City’s Emergency Management Ordinance and the Maine Emergency
Management Act, and in alignment with the National Incident Management System (NIMS) and
the National Response Framework (NRF).

The OEM is responsible for ensuring that the City is prepared to prevent, protect against,
respond to, recover from, and mitigate the impacts of all hazards, whether natural,
technological, or human-caused. The City Manager is responsible for the Office’s organization,
administration and operation.


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  2.1.7.1 Composition
  The OEM is composed of:
 ●​ Fire Chief / Local EMA Director – serving as the lead official for emergency management
 coordination.
 ●​ City Emergency Management Coordinator – managing day-to-day emergency
 management program activities and planning efforts.
 ●​ Assistant City Manager for Public Safety – providing executive-level oversight and policy
 direction.
 ●​ Key Department Heads or Designees – including representatives from Fire, Police,
 Communications & Digital Services, Public Works, Parks, Recreation & Facilities, Health &
 Human Services, and other departments as necessary based on incident type.

  2.1.7.2 Authority and Responsibilities


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  The OEM’s authority and responsibilities will include:
 ●​ Maintaining, updating, and exercising the City’s Emergency Operations Plan (EOP) and
 associated annexes.
 ●​ Oversee hazard and risk assessments, including the Threat and Hazard Identification and




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 Risk Assessment (THIRA) and Capability Assessment for Readiness (CaRAT).
 ●​ Coordinating the activation and management of the City’s Emergency Operations Center
 (EOC) during emergencies and planned events.
 ●​ Facilitating interdepartmental coordination to ensure a unified, efficient, and timely
 emergency response.
 ●​ Serving as the primary liaison to Cumberland County EMA, Maine Emergency
 Management Agency (MEMA), and the Federal Emergency Management Agency (FEMA)
 and supporting voluntary organizations..
 ●​ Overseeing citywide training and exercise programs to ensure operational readiness
 across departments.
 ●​ Coordinate emergency preparedness outreach and public education.
 ●​ Coordinating public warning and information systems to provide timely and accurate
 information to the public.
 ●​ Managing resource requests, logistics, and mutual aid integration during emergencies.
 ●​ Leading hazard mitigation planning efforts in collaboration with city departments and
 external partners.
 ●​ Engaging the private sector, non-governmental organizations, and community-based
 groups in preparedness and resilience initiatives.
 ●​ Maintaining situational awareness by monitoring potential hazards, threats, and
 incidents in coordination with relevant partners.



Emergency Operations Plan 2025​ ​ ​ ​ ​ ​ ​ ​ ​ Pg.22

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 ●​ Coordinating City-wide recovery efforts for federally declared disasters.

 2.1.7.3 Legal Authority
  The OEM derives its authority from the Emergency Management Ordinance and Maine
  Emergency Management Act, which require municipalities to establish and maintain a local
  emergency management agency. The OEM’s operational structure and activities will be
  consistent with the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Title 44
  of the Code of Federal Regulations, and other applicable state and federal guidance.


2.1.8 Private Sector

Private sector partners include for-profit businesses, trade organizations, and infrastructure
owners/operators that provide critical goods, services, and capabilities to the City of Portland
before, during, and after emergencies. While they operate under private ownership and


 ft
governance, many are recognized as part of the community’s essential infrastructure and lifeline
sectors under the National Infrastructure Protection Plan (NIPP) and the National Response
Framework (NRF).​
​




D
For Emergency Management purposes, the private sector’s authority and responsibilities
include:




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 ●​ Maintaining continuity of operations to provide essential goods and services during
 disruptions.
 ●​ Coordinating with the City of Portland and Cumberland County EMA to share situational
 information and resource availability.
 ●​ Protecting critical infrastructure and key resources such as utilities, transportation hubs,
 and communication systems.
 ●​ Participating in preparedness activities, including planning, training, and exercises with
 public agencies.
 ●​ Supporting response operations by providing equipment, facilities, personnel, and
 technical expertise.
 ●​ Collaborating on recovery efforts, including debris management, restoration of utilities,
 and resumption of commercial operations.
 ●​ Complying with emergency orders and regulations issued under Municipal, County,
 State, and Federal authority.




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  2.1.8.1 Legal and Policy Frameworks
 ●​ Private sector emergency management engagement is recognized in the Robert T.
 Stafford Disaster Relief and Emergency Assistance Act and implemented through the
 National Response Framework.
 ●​ Critical infrastructure protection responsibilities are defined in the National
 Infrastructure Protection Plan and relevant Presidential Policy Directives (PPDs).
 ●​ Sector-specific entities may also be subject to federal and state regulations, such as 49
 CFR for transportation, 47 CFR for communications, and 42 CFR for healthcare facilities.

Table 2.1 Key Private Sector Partners in the Portland Metro Area

 Organization Role in Emergency Management

 Central Maine Power (CMP) Electric utility responsible for restoring power and supporting


 Unitil / Summit Natural Gas ft
 critical infrastructure during outages.

 Natural gas provider ensuring safe restoration of service and
 supporting heating needs during emergencies.




DPortland Water District


 Casco Bay Lines




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 Eimskip / International
 Marine Terminal

 MaineHealth Maine
 Medical Center – Portland /
 Northern Light Mercy
 Ensures potable water supply, water quality, and wastewater
 management during incidents.

 Provides ferry transportation to Casco Bay Islands, critical for
 evacuation and supply delivery.

 Maritime shipping and cargo handling for supply chain
 continuity. MaineHealth Maine Medical Center – Portland.

 Healthcare facilities providing emergency medical services and
 surge capacity.

 Hospital

 WGME / WMTW / WCSH / Local broadcast media partners for public information and
 Maine Public emergency alerts.

 Hannaford / Shaw’s / Retail food supply chains ensure community access to
 WholeFoods / Trader Joe’s groceries and essential goods.
 Supermarkets



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 Home Depot & Lowes Support response and recovery efforts by providing
 construction and mitigation supplies during emergencies.

 HospitalityMaine / Major Supports sheltering, feeding, and housing of displaced
 Hotels individuals during emergencies.

 Verizon / AT&T / Spectrum Telecommunications providers ensure restoration of
 communications infrastructure.

2.1.9 Non-Governmental Organizations (NGOs)

Non-Governmental Organizations (NGOs) are private, nonprofit, and/or faith-based entities that
provide essential services and support before, during, and after emergencies. While NGOs are
not government agencies and therefore are not governed by the same statutory authorities,


 ft
their emergency management roles are recognized within the National Response Framework
(NRF) and the National Incident Management System (NIMS) as critical partners in
preparedness, response, recovery, and mitigation.​
​




D
For Emergency Management purposes, NGOs’ authority and responsibilities include:




 ra
 ●​ Providing disaster relief services, such as sheltering, feeding, health services, and case
 management.
 ●​ Supporting community resilience through preparedness training, public education, and
 outreach programs.
 ●​ Offering volunteer and donations management capabilities during disasters.
 ●​ Providing specialized technical services such as disaster mental health support, animal
 sheltering, debris removal, or transportation assistance.
 ●​ Partnering with local, county, state, and federal agencies to coordinate resources and
 services in alignment with the Emergency Operations Plan (EOP).
 ●​ Operating under agreements such as Memoranda of Understanding (MOUs) or mutual
 aid compacts with the City of Portland or other jurisdictions.

2.1.9.1 Legal and Policy Frameworks
 While NGOs operate under their own organizational bylaws and governance structures, their
 emergency functions are recognized and supported through the National Response
 Framework , NIMS, and state and local emergency management plans.

 Specific NGOs may operate under additional legal authority based on their charter or
 enabling legislation (e.g., American Red Cross Charter Act, 36 U.S.C. §§ 300101–300111).


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 The following Non-Governmental Organizations (NGOs) operate in the Portland, Maine
 metropolitan area and play important roles in emergency preparedness, response, recovery,
 and community resilience. While not government agencies, these organizations are
 recognized within the National Response Framework (NRF) and National Incident
 Management System (NIMS) as key partners in disaster operations.

Table 2.2 Key NGOs in the Portland Metro Area

 Organization Key Functions

 American Red Cross – Provides sheltering, mass care, emergency preparedness
 Northern New England education, and assistance coordination during disasters.

 Salvation Army – Northern Offers emergency feeding services, mobile canteen
 New England Division


 Maine VOAD (Volunteer
 Organizations Active in
 ft
 response, spiritual and emotional care, and long-term
 recovery support.

 Coordinates disaster-related nonprofits to ensure effective
 community support during crises.




DDisaster)

 Maine Island Trail Association
 (MITA)




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 Maine Ready / Volunteer
 Maine

 Maine Wing, Civil Air Patrol
 (CAP)


2.1.10 Cumberland County EMA (CCEMA)
 Conserves coastal islands, supports Maine Island Trail,
 assists in environmental disaster debris cleanup.

 Connects trained volunteers to emergency needs such as
 sheltering, supply distribution, and donation coordination.

 Provides aerial search-and-rescue, aerial damage imagery,
 and supports emergency services.




The Cumberland County Emergency Management Agency (CCEMA) operates under the
authority of the Maine Revised Statutes, Title 37-B, which establishes the framework for
emergency management within the State of Maine. CCEMA serves as the designated
county-level emergency management organization responsible for coordinating preparedness,
response, recovery, and mitigation activities across all municipalities in Cumberland County,
including the City of Portland.​
​
For Emergency Management purposes, CCEMA’s authority and responsibilities include:


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 ●​ Providing regional coordination and support to municipalities during incidents and
 disasters.
 ●​ Serving as the liaison between municipal emergency management officials and the
 Maine Emergency Management Agency (MEMA). In this case they are the direct conduit
 to the State for the local EMA Director, Portland’s Fire Chief and EMA Coordinator.
 ●​ Facilitating the sharing of resources, personnel, and equipment among jurisdictions
 during emergencies.
 ●​ Assisting in the development, maintenance, and exercise of municipal emergency
 operations plans, including the City of Portland’s EOP.
 ●​ Coordinating county-level training and exercises to enhance readiness and
 interoperability among municipalities.
 ●​ Activating and managing the Cumberland County Emergency Operations Center (EOC) to
 provide situational awareness, resource management, and operational support to
 affected communities. Cumberland County’s primary EOC is located in Portland.


 ft
 ●​ Assisting with damage assessment, disaster recovery coordination, and the
 administration of state and federal disaster assistance programs.

In all emergency situations, CCEMA functions as a critical partner to the City of Portland,




D
ensuring that countywide resources and capabilities are integrated into the City’s preparedness,
response, and recovery efforts.


2.1.11 State of Maine EMA (MEMA)




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The Maine Emergency Management Agency (MEMA) operates under the authority of the Maine
Revised Statutes, Title 37-B, which establishes the state’s emergency management system.
MEMA is the primary state agency responsible for coordinating emergency preparedness,
response, recovery, and mitigation activities across Maine.​
​
For Emergency Management purposes, MEMA’s authority and responsibilities include:

 ●​ Serving as the statewide coordinating agency for disaster preparedness, response, and
 recovery operations.
 ●​ Supporting county and municipal emergency management agencies, including the
 Cumberland County EMA and the City of Portland.
 ●​ Coordinating state resources, personnel, and equipment to support local jurisdictions
 during incidents and disasters.
 ●​ Administering the State of Maine Emergency Operations Plan and integrating it with
 local and federal emergency plans.



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 ●​ Managing the State Emergency Operations Center (SEOC) to provide situational
 awareness, resource coordination, and operational oversight.
 ●​ Serving as the primary liaison to the Federal Emergency Management Agency (FEMA)
 and other federal partners.
 ●​ Administering state and federal disaster assistance programs, including the Public
 Assistance and Individual Assistance programs.
 ●​ Coordinating statewide training, exercises, and public education programs to strengthen
 readiness.
 ●​ Supporting long-term hazard mitigation planning and project implementation to reduce
 disaster impacts.

In all emergency situations, MEMA works in close coordination with the Cumberland County
EMA and the City of Portland to ensure that local needs are met and that state and federal
resources are effectively integrated into emergency operations.



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2.1.12 Federal Emergency Management Agency (FEMA)

The Federal Emergency Management Agency (FEMA) operates under the authority of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, and is part of the




D
U.S. Department of Homeland Security (DHS). FEMA is the primary federal agency responsible
for coordinating national efforts to prepare for, respond to, recover from, and mitigate the
impacts of disasters and emergencies.​
​




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For Emergency Management purposes, FEMA’s authority and responsibilities include:

 ●​ Coordinating the federal government’s role in preparing for, preventing, mitigating,
 responding to, and recovering from disasters.
 ●​ Supporting state, tribal, territorial, and local governments when their capabilities are
 overwhelmed.
 ●​ Administering federal disaster assistance programs, including Public Assistance,
 Individual Assistance, and Hazard Mitigation Grant Programs.
 ●​ Managing the National Response Framework (NRF) and National Incident Management
 System (NIMS) to ensure nationwide interoperability and coordinated response.
 ●​ Providing technical assistance, training, and exercise support to enhance state and local
 readiness.
 ●​ Pre-positioning resources and deploying federal assets such as Urban Search and Rescue
 teams, Disaster Medical Assistance Teams, and incident management teams.
 ●​ Coordinating with the Maine Emergency Management Agency (MEMA) and Cumberland
 County EMA to integrate federal resources into state and local operations.


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 ●​ Supporting long-term disaster recovery, including community resilience initiatives and
 infrastructure rebuilding projects.​
 ​
 In all emergency situations, FEMA works in partnership with state and local governments
 to ensure that federal capabilities and resources are rapidly mobilized to meet the needs
 of affected communities, including the City of Portland.

2.1.12.1 Legal Authority
 FEMA’s emergency management authorities are derived from the Robert T. Stafford Disaster
 Relief and Emergency Assistance Act (42 U.S.C. §§ 5121–5207) and implemented through
 Title 44 of the Code of Federal Regulations, including but not limited to Parts 201 (Mitigation
 Planning), 204 (Fire Management Assistance Grant Program), and 206 (Federal Disaster
 Assistance for Disasters Declared After November 23, 1988).




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2.2 Emergency Organization and Operations

2.2.1 Introduction




D
The management of large emergencies or declared disasters within the City of Portland requires
coordination between on-scene resources, support and coordination organizations, public
information entities and policy makers. The concerted effort of the multiple organizations
needed to accomplish these key emergency management tasks is known as a Multi-Agency




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Coordination System (MACS). Portland adheres to the principles of the National Response
Framework, National Disaster Recovery Framework and NIMS in organizing a MACS. The
components that the City may use during an emergency response are outlined in the table
below.

Table 2.3 NIMS Components and Key Functions

 NIMS Component
 Incident Command System (ICS)

 Incident Command Post (ICP)
 Key Function
 Organization for on-scene incident response

 Central hub for tactical-level, on-scene
 command and control of the emergency
 response

 Emergency Operations Center (EOC) Support and coordination for Citywide
 emergency response and short-term recovery




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 Department Operations Center (DOC) Established by a specific department to
 coordinate its internal emergency response
 activities and resources

 Airport Emergency Operations Center DOC for the Portland International Jetport,
 (AEOC) supported by a 24-7 Operations Center

 Long-Term Recovery Committee (LTRC) Coordination of unmet needs for months or
 years after a disaster

 Joint Information Center (JIC) Coordinates all citywide emergency public
 information

 Disaster Assistance Centers (DACs) Center that opens for the public to provide
 access to key emergency information,



 ft
 Commodity Points of Dispensing (C-PODs)
 services and programs

 Centralized, temporary location(s) where
 life-sustaining commodities are directly
 distributed to the public when normal
 commercial supply chains have been severely




DMedical Countermeasure Points of
 Dispensing (PODs)




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2.2.2 Incident Command System (ICS)
 2.2.2.1 ICS Overview
 disrupted or destroyed by a disaster

 Temporary location(s) for mass dispensing of
 medical countermeasures (e.g. antibiotics,
 vaccines) to the public to prevent or mitigate
 the spread of disease




  The Incident Command System (ICS) establishes a structure for how all incidents throughout
  the City are managed. The ICS uses the principle of span of control, meaning that teams of
  three to seven responders on an incident site each report to one supervisor, and the
  supervisors in turn report to one supervisor, on up the chain to the Incident Commander (IC).
  The IC is responsible for leading multi-agency operations on an incident scene, establishing
  objectives, and approving an Incident Action Plan (IAP). An IC should be from the agency with
  the appropriate incident management responsibility listed in Section 3 of this plan. All
  agencies involved in incident response report up through the ICS structure regardless of their
  usual chain of command. The ICS structure is scalable, modular and flexible to meet changing
  incident demands. This means that only the components needed to meet incident demands
  are activated.


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 Some complex incidents fall within the jurisdiction of multiple agencies and require increased
 inter-agency coordination to manage. For these incidents, the IC may choose to establish a
 Unified Command. Unified Command consists of two or more representatives from different
 agencies working together to lead an ICS structure. Establishing Unified Command means
 that there is no longer a single IC, and all command decisions must be agreed upon among
 the Unified Commanders (UCs) and communicated down the ICS structure with a singular
 voice. Whether led by an IC or UC, a fully implemented ICS structure consists of the
 command staff and four or five general staff sections.

  2.2.2.2 ICS Command Staff
  The Safety Officer, Liaison Officer, and Public Information Officer are the ICS Command staff.
  They report to the IC and ensure incident safety, liaise with the EOC or other MACS
  structures, and coordinate with the media or JIC.

  2.2.2.3 ICS Operations Section
 ft
  The Operations Section is responsible for all tactical operations at the incident level. This
  includes carrying out the objectives of the incident action plan and providing information on




D ongoing operations to the ICS Planning Section. The Operations Section Chief manages the
  section and reports to the IC.

  2.2.2.4 ICS Planning Section




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  The Planning Section is responsible for the collection, evaluation and dissemination of
  information related to the incident, and for the preparation and documentation of Incident
  Action Plans and situation reports. The Planning Section maintains information on the
  current and forecasted situation and tracks the status of resources assigned to the incident.
  The Planning Section Chief manages the section and reports to the IC.

  2.2.2.5 ICS Logistics Section
  The Logistics Section is responsible for providing facilities, services and materials for the
  incident. The Logistics Section Chief manages the section and reports to the IC.

  2.2.2.6 ICS Finance and Administration Section
  The Finance and Administration Section is responsible for reviewing expenditures, allocating
  funds, and managing all other financial considerations. The Finance and Administration
  Section Chief manages the section and reports to the IC.




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  2.2.2.7 ICS Intelligence and Investigation Section
  During certain incidents, the IC may choose to add an ICS Intelligence and Investigation
  Section. This section is responsible for investigating possible crimes and gathering
  information to prevent future threats.

Visual 2.1 Incident Command Sections Explained




 ft
Dra
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Visual 2.3 ICS Chart




 ft
D 2.2.2.8 Area Command
  For emergency incidents spanning multiple geographic locations, an Area Command may be




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  established. An Area Command structure consists of an individual or unified command
  structure that oversees multiple incident locations which are in turn managed by their own IC
  and ICS structure. An Area Commander (AC) is responsible for the operational response
  components of the incident area and the effective deployment of resources to each of the
  area’s ICs and UCs.

Visual 2.4 Area Command




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2.2.3 Emergency Operations Center (EOC)
  2.2.3.1 EOC Purpose and Application
  Typically the EOC activates at the discretion of the City’s Emergency Management Director in
  consultation with the City Manager and Emergency Management Coordinator, all who are
  part of the Office of Emergency Management (OEM). The EOC is established to manage an
  emergency or disaster that is beyond the normal capabilities of one or two departments. The
  EOC does not usurp the responsibilities of an IC but instead supports ICs while managing
  citywide emergency needs by mobilizing resources, tracking costs, planning for future needs
  and addressing issues that are beyond the focus of any individual incident. EOC operations
  are guided by an EOC Action Plan that outlines objectives for each operational period. The
  OEM maintains primary and alternate EOC facilities for Portland. The Primary EOC is located
  in the Munjoy Hill / Cummings Center building at 134 Congress Street. If needed, a back up
  EOC can be established at the Police DOC, AEOC, or Public Works DOC.



 ft
 Similar to the ICS structure, the EOC is scalable, modular and flexible to meet the demands of
 each emergency. If the EOC is going to be activated for an extended period of time, generally
 the operational periods will be either 12 or 24 hours at a time.




D 2.2.3.2 EOC Management Section
  The EOC Management Section is responsible for setting the EOC strategic objectives, making
  key citywide emergency management decisions and supporting each of the other sections as




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  they work to achieve these objectives. Coordination between the EOC and the Incident
  Command Post is done through the Liaison Officer. The City Manager serves as the EOC
  Director or delegates this role to another senior City official. Portland does not establish a
  separate policy group or multi-agency coordination group (MAC Group) to issue emergency
  policy directives.




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Visual 2.5 EOC Functional Chart




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D 2.2.3.3 EOC Operations Section
  The EOC Operations Section is the coordination conduit between the EOC and the response
  organizations in the field. The EOC Operations Section provides updates from the public and




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  private organizations involved in emergency response activities to track progress towards
  achieving the EOC’s strategic objectives. Additionally, the EOC Operations Section identifies
  unmet response needs and works with the logistics sections to meet them. The EOC
  Operations Section Chief leads the EOC Operations Section.

  2.2.3.4 EOC Planning Section
  The EOC Planning Section is responsible for gathering status updates from the other EOC
  sections, forecasting future incident demands, resource accountability, and creating plans to
  accomplish the EOC’s strategic objectives for each upcoming operational period. The
  Planning Section prepares EOC Action Plans and situation reports. In addition, the Planning
  Section begins planning recovery actions during the initial response phase of an emergency.
  The EOC Planning Section Chief leads the EOC Planning Section.




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  2.2.3.5 EOC Logistics Section
  The EOC Logistics Section is responsible for ordering, tracking and overseeing delivery of all
  resources requested through the EOC. Departments may deploy their internal resources or
  other resources for which there are pre-existing agreements without processing the request
  through the EOC Logistics Section. The EOC Logistics Section coordinates with the EOC
  Finance and Administration Section to track expenditures and adhere to spending limits. The
  EOC Logistics Section Chief leads the EOC Logistics Section.

  2.2.3.6 EOC Finance and Administration Section
  The EOC Finance and Administration Section is responsible for managing all emergency
  expenditures by setting purchase limits, tracking costs and managing claims. The EOC Finance
  and Administration Section is also responsible for coordinating with the Plans Section to
  quantify damage estimates to determine possible eligibility for state and federal disaster
  assistance programs. The EOC Finance and Administration Section Chief leads the EOC
  Finance and Administration Section.

  2.2.3.7 IT Information Section ft
  The IT Information Section is part of the Logistics Section and is responsible for managing all




D technology, including camera systems, dashboards, computers, networks, communications,
  information sharing tools and Geographic Information Systems (GIS). The EOC Information
  Section also houses the Amateur Radio Emergency Service (ARES), which provides auxiliary
  communication capability to the EOC. The IT Information Section Chief leads the IT




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  Information Section.

  2.2.3.8 EOC Liaison Section
  The EOC Liaison Section is responsible for managing relationships and communications with a
  wide array of organizations including City Council, other EOCs, Portland Public Schools, the
  State of Maine Emergency Management Agency and the private sector. The EOC Liaison
  Section consists of standing positions as well as numerous ad hoc positions that can be filled
  by representatives from various companies and organizations affected by the emergency. The
  EOC Liaison Section Chief leads the EOC Liaison Section.


2.2.4 Joint Information System (JIS) & Center (JIC)
During an emergency, the City must gather information from a myriad of departments, partner
organizations, media outlets and open source platforms; synthesize it into clear messaging; and
communicate the message with one voice to the public. For small incidents, this is
accomplished using a Joint Information System (JIS) in which an agency’s Public Information
Officer (PIO) coordinates messaging with relevant organizations and then communicates directly

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with the public. During a significant emergency, however, public information demands quickly
outpace the ability of one PIO, and the JIC must be activated. The JIC brings together public
information professionals from across the City in one location to manage citywide media
relations, public relations, public warnings and advisories, and media monitoring. The JIC is led
by the PIO, who reports directly to the EOC Director when the EOC is active and to the City
Manager, or his or her designee, when the EOC is inactive.


2.2.5 Incident Management Assistance Teams (IMATs)
Incident Management Assistance Teams (IMATs) are small groups of County or State personnel
(typically about 5 members) that deploy to an EOC during a large emergency that may require
assistance. An IMAT’s primary responsibility is to coordinate with the local EOCs to support the
deployment of state or federal resources to assist in response and recovery efforts. IMATs do
not possess direction and control authority. Instead, an IMAT supports the City and state as they



 ft
exercise their respective emergency management responsibilities and authorities. Portland
coordinates with IMAT teams through Cumberland County first and a State IMAT team if the
emergency should warrant additional support. Portland may request an IMAT for incidents that
are highly complex, long duration, or when the incident overwhelms the City’s capabilities.




D
2.2.6 Disaster Assistance Center (DAC)
Portland’s EOC may establish Disaster Assistance Centers (DACs) to serve as a clearinghouse for
recovery assistance during an emergency or declared disaster. Each DAC provides disaster




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assistance to residents, visitors and businesses. These services include financial, insurance,
employment and housing assistance, among others. DACs are staffed by representatives from
public, private and non-profit recovery service providers. DACs coordinate with the EOC through
the EOC Liaison Section’s DAC Branch.

If the City and or Cumberland County is included in a Presidential Disaster Declaration, a DAC
may transition to a Disaster Recovery Center (DRC) by integrating state and federal staff into the
existing DAC. The DRC structure makes resources available that may not be regularly offered or
are depleted at the local level. DRC supervision is provided jointly by the Federal Emergency
Management Agency (FEMA), state and local managers through the Joint Field Office (JFO). The
process of establishing a DRC is initiated through a recommendation by the State Coordinating
Officer (SCO) to the Federal Coordinating Officer (FCO) overseeing federal operations for the
disaster.




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2.2.7 Mass Casualty Management Structures
  2.2.9.1 Victim Identification Center (VIC)
  The rapid identification of human remains during a mass fatality incident is critical to
  supporting victims’ families and informing any ongoing investigation. If the normal resources
  of the Medical Examiner’s Office are overwhelmed, the City may establish a Victim
  Identification Center (VIC) to augment and expedite the City’s existing victim identification
  capabilities. The VIC is responsible for collecting records, data, DNA and other resources to
  identify victims and assist the Family Assistance Center (FAC) in managing the missing
  persons list.

  2.2.9.2 Family Assistance Center (FAC)
  A Family Assistance Center (FAC) may be established following a mass casualty incident to
  assist the families of the missing, injured or deceased. FACs are responsible for managing the



 ft
  missing persons list and informing family members of the status of their loved ones. This
  often includes answering questions from family members who arrive at the FAC or who call in
  for information. The FAC may also provide initial psychological, spiritual and emotional
  support services to the family members of those affected. The FAC Coordinates its operations
  with City emergency management efforts through the EOC.




D
2.2.8 Public Alert and Warning




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The purpose of the Public Alert and Warning function is to ensure that timely, accurate, and
actionable emergency information is disseminated to the public before, during, and after an
incident. Effective alerts help protect life and property, guide protective actions, and maintain
public confidence.

  2.2.8.1 Authority
  The City of Portland’s public alert and warning activities are conducted under the authority
  of:
 ●​ Maine Revised Statutes Title 37-B, Chapter 13 (Emergency Management)
 ●​ Federal Emergency Management Agency (FEMA) Integrated Public Alert and Warning
 System (IPAWS) guidelines
 ●​ Local emergency management ordinance and operational policies

This section summarizes the key elements of the City of Portland's Public Alert and Warning
program in a matrix format, grouping related elements under their respective categories for
clarity and ease of reference.



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Table 2.4 Key Elements of Public Alert and Warning

 Category Element Description

 Primary Office of Emergency Coordinates citywide alert and warning efforts
 Agencies and Management (OEM) and ensures alignment with Cumberland
 Roles County EMA and Maine EMA protocols

 Public Information Develops and approves public messaging in
 Officer (PIO) coordination with the Joint Information System
 (JIS) and Joint Information Center (JIC) when
 Communications & activated. Operates and maintains City
 Digital Services communication channels, including website,
 Department social media, and mass notification systems.

 Police and Fire
 Departments

 City Manager
 ft Provide incident-specific information to the
 OEM/PIO for rapid dissemination

 Authorizes major alerts when required by




D
 policy or in sensitive situations

 Methods of Wireless Emergency Life-safety threats requiring immediate public
 Notification Alerts (WEA) via IPAWS action




 ra Emergency Alert System
 (EAS)

 City Mass Notification
 System

 Social Media Platforms


 City Website Alerts


 Press Releases / Media
 Widespread or multi-jurisdictional emergencies


 Localized incidents or public information needs


 General updates, advisories, and situational
 awareness

 Supplementary to other alerts; ongoing
 incident updates

 Provide details, context, and updates to media
 Briefings outlets and the public

 Outdoor Warning Localized audible alerts for immediate
 Systems protective actions


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 Door-to-Door Used in high-priority or inaccessible areas
 Notifications

 Message Common Alerting Standardized format for interoperability and
 Development Protocol (CAP) Format compliance
 and Approval
 PIO & Incident Command Ensures timeliness, accuracy, and actionable
 Coordination guidance

 Sensitive Alert Protocols Allows expedited release without full
 administrative approval when time-critical

 Accessibility Plain Language Easily understood by the general public
 Messaging



 ft
 Language Translation


 ADA-Compliant Formats
 Where feasible, translated into commonly
 spoken languages in the community

 Accessible to individuals with visual, hearing, or




DCoordination




 ra
 Testing and
 Training
 Regional & State
 Alignment


 Joint Information System
 (JIS)

 Annual System Testing


 Staff Training
 cognitive impairments

 Coordination with Cumberland County EMA,
 Maine EMA, and neighboring municipalities


 Integrated messaging during regional or
 statewide incidents

 Testing of public alerting systems at least
 annually or as required

 Annual training for staff authorized to issue or
 approve alerts




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2.2.9 Public Protective Actions

  2.2.9.1 Introduction
  Public protective actions consist of instructions to the public to take measures to protect
  their lives, property and wellbeing. These orders may be issued by an IC for an incident scene
  or by the City Manager for large portions of the City. While there are many potential public
  protective action orders that may be issued, the most common are detailed below.

  2.2.9.2 Evacuation
  Evacuation orders are notices to the public to leave a geographic area. Evacuation areas can
  be a single city block or a large portion of the City. Evacuations must consider the
  transportation needs and accessibility challenges of people in the area being evacuated.
  Affected populations must also be given information regarding safe evacuation routes.
  Additionally, an evacuation center should be set up to receive evacuees and provide


 ft
  information related to returning to the evacuated area or support evacuees through an
  extended displacement. Evacuations also require significant coordination to ensure safe and
  organized re-entry and reoccupation of evacuated areas. The Portland Police Department &
  Portland Fire Department are responsible for enforcing and carrying out evacuation orders.




D 2.2.9.3 Shelter in Place
  Certain threats require the public to immediately go indoors and stay there until told it is safe
  to leave. This type of protective action is typically implemented to address immediate
  security threats, police operations in an area or a hazardous materials release. The order to




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  shelter in place is normally short-lived and targets a specific neighborhood or at-risk
  geographic area. For hazardous materials releases, the public may also receive instructions to
  close all doors, windows, flumes and other exterior openings of a structure. Portland Police
  and or Fire are responsible for enacting and enforcing shelter in place orders. When relevant,
  the Fire Department and Police Department are charged with providing subject matter
  expertise involving the chemical or environmental hazard and what areas should be sheltered
  in place.

  2.2.9.4 Curfew
  Curfew orders assist in preventing damages, injuries or unrest by restricting who may be
  outside of their home in a certain geographic area at a given time. Curfew orders should
  include the times of the curfew, the area of the curfew and who is exempt from the curfew.
  Only the City Manager has the authority to issue curfews, which are then enforced by the
  Police Department and publicized by the JIC.




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  2.2.9.5 Avoid the Area
  Avoid the area orders deny access to a geographic area and instruct the public to avoid that
  area. Avoid the area orders are often issued in tandem with orders to those living, working
  or otherwise doing business in the restricted area to shelter in place or evacuate. The Police
  Department is responsible for enacting and enforcing avoid-the-area orders.

  2.2.9.6 Public Health Protective Actions
  Public health protective actions are as varied as the public health threats that may face the
  City. For example, contamination of the City’s drinking water may result in instructions to boil
  or not use tap water. Portland Water District is responsible for issuing Boil Water, Do Not
  Drink, or Do Not Use Order. For communicable diseases, certain quarantine, isolation, or
  social distancing orders may be issued. Subsequent to a state of emergency and upon the
  recommendation of subject matter expertise or any lead agency, the City Manager may issue
  a public health protective action. Portland Public Health is responsible for implementing


 ft
  public health protective actions and coordinating with all relevant lead, support and partner
  organizations.




D
SECTION 3: ROLES AND RESPONSIBILITIES

3.1 Organizational Emergency Functions




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3.1.1 Emergency Functions Overview
City departments and outside partner organizations have critical emergency management roles,
categorized by core capability. Core capabilities are the key functions necessary to
comprehensively address Portland’s five emergency management mission areas: Prevention,
Protection, Mitigation, Response and Recovery. Each City department and external
organization supports Portland’s core capabilities as either the lead agency, support agency or a
partner organization.




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  3.1.1.1 Lead Agencies / Organizations
  Lead agencies are Portland departments that are assigned primary responsibility for
  coordinating the community’s effort to address a capability. Lead agencies are not expected
  to address their core capabilities alone but are instead charged with organizing support from
  other City departments and external organizations. Lead agencies are ultimately accountable
  to the City Manager for the development of their core capability.

  3.1.1.2 Support Agencies / Organizations
  Support agencies are Portland departments that assist the lead agency in accomplishing an
  assigned core capability. Core capabilities are assigned only one lead agency, but they may
  have numerous support agencies that bring an array of useful assets and skill sets. Support
  agencies work in coordination with the lead agency but are ultimately accountable to the City
  Manager for assisting the lead agency in developing an assigned core capability.

  3.1.1.3 Partner Organizations

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  Partner organizations are organizations external to the City of Portland that are critical in
  addressing a core capability. Core capabilities may require the resources and aptitudes of
  numerous partner organizations to successfully build resiliency. Like support agencies,




D partner organizations should coordinate their efforts with the lead agency; however, partner
  organizations do not ultimately report to the City Manager and therefore possess more
  autonomy than support agencies. This concept falls in line with Unified Command under the
  NIMS and ICS models which are further defined in section 2.2 of this document.




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3.1.2 Core Capabilities
Core capabilities must be continuously developed and evaluated to ensure the City is
adequately prepared for an emergency. Portland’s core capabilities are listed by mission area in
this section. Some capabilities are shared among all mission areas and are listed first. The five
mission areas in emergency management are as follows:
 1.​ Prevention: Activities focused on avoiding, preventing, or stopping an imminent threat,
 such as terrorism or a mass casualty incident.
 2.​ Protection: Capabilities aimed at securing the homeland against threats and hazards,
 protecting citizens, residents, visitors, and assets.
 3.​ Mitigation: Actions taken to reduce the loss of life and property damage by lessening
 the impact of future disasters.
 4.​ Response: Actions taken immediately before, during , or after an incident to save lives,
 protect property and the environment, and meet basic human needs.
 5.​ Recovery: Activities that focus on restoring the affected area to its pre-incident
 condition.

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The Prevention and Protection Mission Areas share a number of common capabilities and are
grouped together in this core capability section.

  3.1.2.1 Capabilities Shared Among All Mission Area
 ●​ Operational Coordination: Establish and maintain a unified and coordinated operational
 structure and process that integrates all critical stakeholders and supports the execution
 of core capabilities.
 ●​ Planning: Create an ongoing and systematic process engaging the whole community in
 the development and execution of strategic, operational and/or tactical-level
 approaches to meet defined objectives.
 ●​ Public Information and Warning: Deliver coordinated, prompt, reliable and actionable
 information to the whole community through the use of clear, consistent, and culturally
 and linguistically appropriate communications regarding any threat or hazard, including


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 the actions taken and the assistance available.

  3.1.2.2 Prevention and Protection Mission Areas
 ●​ Access Control and Identity Verification: Apply and support necessary




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 physical,technological and cyber measures to control access to critical locations and
 systems.
 ●​ Cyber Security: Protect (and if needed, restore) electronic communications systems, data
 and services from damage, unauthorized use, and exploitation.
 ●​ Forensics and Attribution: Conduct forensic analysis (including means, methods and
 attribution) of terrorist acts and/or preparation for an attack in an effort to prevent
 initial or follow-on acts and/or swiftly develop counter-options.
 ●​ Intelligence and Information Sharing: Gather and provide timely, accurate and actionable
 information concerning physical and cyber threats; the development, proliferation, or
 use of weapons of mass destruction; or any other matter threatening Portland’s security.
 Information sharing is the ability to exchange intelligence, information, data or
 knowledge among government or private sector entities.
 ●​ Interdiction and Disruption: Delay, divert, intercept, halt, apprehend or secure threats
 and/or hazards.
 ●​ Physical Protective Measures: Implement and maintain risk-informed countermeasures
 and policies protecting people, structures, materials, products and systems associated
 with key operational activities and critical infrastructure.
 ●​ Risk Management for Protection Programs: Identify, assess and prioritize risks to inform
 protection activities, countermeasures and investments.




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 ●​ Screening, Search and Detection: Identify, discover and locate threats and/or hazards
 through active and passive surveillance and search procedures. This may include the use
 of systematic examinations and assessments, bio surveillance, sensor technologies or
 physical investigation and intelligence.
 ●​ Supply Chain Integrity and Security: Strengthen the security and resilience of the supply
 chain.

  3.1.2.3 Mitigation Mission Area
 ●​ Community Resilience: Enable the recognition and understanding of potential
 risks,encourage adequate planning for those risks and empower individuals and
 communities to make informed decisions necessary to adapt to, withstand and quickly
 recover from future incidents.
 ●​ Long-Term Vulnerability Reduction: Build and sustain resilient systems, communities,
 critical infrastructure and key resource lifelines to reduce vulnerability to natural,


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 technological and human-caused threats and hazards by lessening the likelihood,
 severity and duration of the adverse consequences.
 ●​ Risk and Disaster Resilience Assessment: Assess risk and disaster resilience so that
 decision makers, responders and community members can take informed action to




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 reduce risk and increase resilience.
 ●​ Threat and Hazard Identification: Identify the threats and hazards that could occur,
 determine the potential frequency and magnitude and incorporate this into planning
 processes to clearly understand the needs of a community or entity.
  3.1.2.4 Response Mission Area
 ●​ Critical Transportation: Provide transportation (including infrastructure access and
 accessible transportation services) for response priority objectives, including the
 evacuation of people and animals, and the delivery of vital response personnel,
 equipment and services into the affected areas.
 ●​ Environmental Response/Health and Safety: Conduct appropriate measures to ensure
 the protection of the health and safety of the public and workers, as well as the
 environment, from all-hazards in support of responder operations and the affected
 communities.
 ●​ Fatality Management Services: Provide fatality management services, including
 decedent remains recovery and victim identification; provide mortuary processes,
 temporary storage or permanent internment solutions; share information with mass
 care services for the purpose of reunifying family members and caregivers with missing
 persons/remains; and provide counseling to the bereaved.




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 ●​ Fire Management & Suppression: Provide structural, wild-land and specialized
 firefighting capabilities to manage and suppress fires of all kinds and complexities while
 protecting the lives, property and the environment in the affected area.
 ●​ Infrastructure Systems (Shared with the Recovery Mission Area): Stabilize critical
 infrastructure functions to minimize health and safety threats, and efficiently restore
 and revitalize infrastructure systems and services to support a viable, resilient
 community.
 ●​ Logistics and Supply Chain Management: Deliver essential commodities, equipment and
 services in support of impacted communities and survivors, to include emergency power
 and fuel support, as well as the coordination of access to community staples.
 ●​ Mass Care Services: Provide life-sustaining and basic services to the affected population,
 including hydration, feeding, sheltering, temporary housing, evacuee support,
 reunification and emergency supplies.
 ●​ Mass Search & Rescue Operations: Deliver traditional and atypical search-andrescue


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 capabilities, including personnel, services, animals and other assets to survivors in need,
 with the goal of saving the greatest number of endangered lives in the shortest time
 possible.
 ●​ On-Scene Security, Protection and Law Enforcement: Ensure a safe and secure




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 environment through law enforcement and related security and protection operations
 for people and communities in affected areas and also for response personnel engaged
 in lifesaving and life-sustaining operations.
 ●​ Operational Communications: Ensure the capacity for timely communications in support
 of security, situational awareness and other emergency operations by any and all means
 available, among and between affected communities in the impact area and all response
 forces.
 ●​ Public Health, Healthcare and EMS: Provide life-saving medical treatment via emergency
 medical services and related operations, and avoid additional disease and injury by
 providing targeted public health, medical treatment and behavioral health support, and
 bringing medications and other medical supplies to all affected populations.
 ●​ Situational Assessment: Provide all decision makers with relevant information regarding
 the nature and extent of the hazard or emergency, the status of the response and any
 cascading effects.




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3.1.2.5 Recovery Mission Area
 ●​ Economic Recovery: Return economic and business activities (including food and
 agriculture) to a healthy state and develop new business and employment opportunities
 that result in an economically viable community.
 ●​ Health and Social Services: Restore and improve health and social services capabilities
 and networks to promote the resilience, independence, health (including behavioral
 health) and well-being of the whole community.
 ●​ Housing: Implement housing solutions that effectively support the needs of the whole
 community and contribute to its sustainability and resilience.
 ●​ Natural and Cultural Resources: Protect natural and cultural resources and historic
 properties through appropriate planning, mitigation, response and recovery actions to
 preserve, conserve, rehabilitate and restore them consistent with community priorities
 and best practices and in compliance with applicable environmental and historic


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 preservation laws and executive orders.


3.1.3 Capability Tables
According to FEMA, core capabilities are the essential elements needed to achieve the National




D
Preparedness Goal. FEMA identifies 32 core capabilities in total. Examples include Planning,
Public Information and Warning, Operational Coordination, Community Resilience, Critical
Transportation, and Public Health, Healthcare, and Emergency Medical Services. Each




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capability has defined target outcomes and performance objectives that ensure a coordinated,
whole-community approach to preparedness. By assessing these core capabilities, jurisdictions
can identify gaps, prioritize investments, and develop training, exercises, and plans that
enhance their ability to withstand and rapidly recover from disasters.

The following tables list core capabilities and identify the role that each Portland Department,
agency, or outside partners play during an emergency or disaster.




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Figure 3.1.3 Portland’s Capability Roles by Department




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D
​ra P = Primary S = Support O = Outside Organization




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Figure 3.3.1 Cont. Portland’s Capability Roles by Department




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D
​
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3.1.4 Other Emergency Responsibilities

In addition to the specific authorities and responsibilities assigned to City leadership,
departments, and agencies, all City personnel and partner organizations share common
emergency responsibilities that support the overall readiness and resilience of the City of




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Portland. These responsibilities ensure a coordinated, efficient, and effective response to all
hazards.

  3.1.4.1 General Responsibilities for All City Departments and Agencies
 ●​ Plan Familiarity and Compliance: Maintain familiarity with the Emergency Operations
 Plan (EOP), Hazard-Specific Annexes, and relevant departmental procedures, and
 execute assigned roles in accordance with these documents.
 ●​ Continuity of Operations: Maintain a departmental Continuity of Operations Plan (COOP)
 to ensure the ability to perform essential functions during and after an incident
 ●​ Resource Management: Identify, maintain, and make available resources, equipment,
 and personnel that may be required to support emergency operations.
 ●​ Situational Reporting: Provide timely and accurate information on departmental status,
 capabilities, and needs to the Emergency Operations Center (EOC) or Incident
 Command.



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 ●​ Staff Training: Ensure that personnel are trained in their emergency roles and participate
 in City-led exercises and drills as required.
 ●​ Workforce Accountability: Maintain rosters and contact information to account for all
 employees during emergencies and ensure personnel safety.




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 ●​ Damage Assessment: Assist in the collection and reporting of preliminary damage and
 impact assessments within the department’s areas of responsibility.
 ●​ Public Information Support: Provide subject matter expertise to the Public Information
 Officer (PIO) for the development of coordinated public messaging.

  3.1.4.2 Responsibilities for Partner Organizations
 ●​ Coordination: Maintain liaison with the City’s Office of Emergency Management and
 participate in EOC operations when requested.
 ●​ Mutual Aid Support: Provide personnel, equipment, and services in accordance with
 existing mutual aid agreements or memoranda of understanding (MOUs).
 ●​ Information Sharing: Exchange timely and relevant information to support a common
 operating picture across all responding organizations.

3.1.4.3 Responsibilities for All Personnel
 ●​ Personal Preparedness: Maintain personal and family emergency plans to ensure
 availability during a City emergency.
 ●​ Compliance with Direction: Follow lawful orders and directions issued by the Incident
 Commander, EOC Manager, or department leadership during emergency operations.
 ●​ Safety Practices: Adhere to safety guidelines and report hazards or unsafe conditions to
 supervisors immediately.


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3.2 Responsibilities: City of Portland Departments

3.2.1 Finance Department
Legal Authority: Portland City Code Chapter 2 Sec. 2-17 (f)
Capabilities Led: Risk Management for Protection Programs
EOC Positions Staffed: EOC Finance & Admin Section Chief, EOC Documentation Branch, EOC
Cost/Time Branch, EOC Claims & Compensation Branch, EOC Risk Manager Branch, EOC Safety
Officer, EOC Scribe
JIC Positions Staffed: None
DOC Managed: None
Incident Management Responsibilities: None

Major Emergency Management Responsibilities:


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 ●​ Coordinate with the EOC’s Finance and Administration Section to set citywide spending
 limits for emergency response activities.
 ●​ Ensure employees, contractors and vendors continue to be paid during an emergency.
 ●​ Coordinate with all City departments and agencies to track, collect and catalog all




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 emergency expenditures.
 ●​ Identify mission essential functions that must be maintained or rapidly restored during
 an emergency and maintain a department specific continuity of operations plan to
 address these functions.
 ●​ As the City’s lead agency for disaster finance and administration, account for all internal
 emergency/disaster related expenditures and report these expenditures to the EOC
 Finance and Administration Section with the appropriate supporting documentation.


3.2.2 Planning & Urban Development Department
Legal Authority: Portland City Code Chapter 2 Sec. 2-17 (h)
Capabilities Led: None
EOC Positions Staffed: EOC Plans Section Chief, EOC Situation Branch, EOC Advance Planning
Branch, EOC Recovery Branch, EOC Resources Branch
JIC Positions Staffed: None
DOC Managed: None
Incident Management Responsibilities: Incidents related to the structural
habitability of buildings and or recovery efforts

Major Emergency Management Responsibilities:
 ●​ Assist with the demolition of any unsafe structures.


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 ●​ Assist with GIS mapping as needed to identify environmental hazards.
 ●​ Assist Permitting and Inspections Department in evaluating structural stability of public
 infrastructure.
 ●​ Oversee the long-term recovery operations of the City.
 ●​ Advise recovery and rebuilding efforts to ensure compliance with the Portland
 Comprehensive Plan, otherwise known as Portland’s Plan 2030.
 ●​ Vet and credential vendors and residents for re-entry operations.
 ●​ Identify mission essential functions that must be maintained or rapidly restored during
 an emergency and maintain a department specific continuity of operations plan to
 address these functions.
 ●​ Account for all internal emergency/disaster related expenditures and report these
 expenditures to the EOC Finance and Administration Section with the appropriate
 supporting documentation.




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3.2.3 Health and Human Services Department
Legal Authority: Portland City Code Chapter 2 Sec. 2-17 (g)
Capabilities Led: Health and Safety; Mass Care Services; Public Health, Healthcare
EOC Positions Staffed: EOC Public Health and Environment Branch,




D
JIC Positions Staffed: JIC Status Board Administrator
DOC Managed: Public Health and Environment DOC
Incident Management Responsibilities: Public health emergencies, environmental




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emergencies, animal health emergencies.

Major Emergency Management Responsibilities:
 ●​ Public Health: Lead citywide public health preparedness, response, and recovery efforts.
 ●​ Public Health: Support the JIS or JIC with public information messaging for incidents
 involving public health.
 ●​ Public Health: In coordination with Maine CDC, support the implementation of
 emergency behavioral health provider support to incident scenes, the EOC, shelters,
 DACs or other locations.
 ●​ Public Health: In coordination with the Maine CDC, provide vector control by assessing
 the threat of vector-borne diseases following a major emergency or disaster, providing
 technical assistance and offering protective actions regarding vector-borne threats.
 ●​ Public Health: Assist in fatality management efforts, including management of the Victim
 Identification Center (VIC).
 ●​ Public Health: Assist the Maine CDC in public health surveillance and disease
 investigations



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 ●​ Public Health: Support the activation and enforcement of pharmaceutical and
 non-pharmaceutical public health interventions deemed necessary
 ●​ Public Health: Complete any necessary community health assessments associated with
 the emergency, as relevant.
 ●​ Public Health and Social Services: Establish, staff, and equip emergency shelters and
 other temporary housing options (including accessible housing) for the affected
 population.
 ●​ Social Services: Administer emergency financial assistance and housing support
 programs.
 ●​ Social Services and Office of Elder Affairs: Coordinate with social service agencies and
 volunteer organizations to ensure continuity of care.
 ●​ Office of Elder Affairs: Identify and maintain contact with vulnerable older adult
 populations.
 ●​ Office of Elder Affairs: Support public messaging targeted to older adults, including
 accessibility considerations.

 ft
 ●​ Office of Elder Affairs: Assist with sheltering and resource distribution tailored to seniors’
 needs.
 ●​ All: Ensure equitable access to services for all residents, especially vulnerable
 populations.




D
3.2.4 Corporation Counsel / Legal Department
Legal Authority: Portland City Code Chapter 2 Sec. 2-17 (e)




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Capabilities Led: None
EOC Positions Staffed: EOC City Attorney, EOC Contracting Branch
JIC Positions Staffed: None
DOC Managed: None
Incident Management Responsibilities: None

Major Emergency Management Responsibilities:
 ●​ Advise the City Manager and Mayor concerning the legal implications of emergency
 management decisions and declaring an emergency declaration.
 ●​ Vet all emergency contracts to ensure compliance with laws, regulations, and state and
 FEMA guidelines.
 ●​ Risk Management: Manage emergency volunteer waivers, insurance and liability issues.
 ●​ Risk Management: Determine what losses to the City during an emergency are covered
 by insurance and calculate the total uninsured loss.
 ●​ Ensure all emergency intergovernmental agreements and mutual aid contracts comply
 with applicable laws and regulations.
 ●​ Review all emergency plans for legality.

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 ●​ Identify mission essential functions that must be maintained or rapidly restored during
 an emergency and maintain a department specific continuity of operations plan to
 address these functions.
 ●​ Account for all internal emergency/disaster related expenditures and report these
 expenditures to the EOC Finance and Administration Section with the appropriate
 supporting documentation.


3.2.5 Permitting and Inspections Department
Legal Authority: Portland City Code Chapter 2 Sec. 2-17 (h) (The Directors of both Planning &
Urban Development and Permitting & Inspections fall under same section of Portland city code
for authority)
Capabilities Led: None
EOC Positions Staffed: EOC Plans Section Chief, EOC Situation Branch, EOC Advance Planning



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Branch, EOC Recovery Branch, EOC Resources Branch
JIC Positions Staffed: None
DOC Managed: None
Incident Management Responsibilities: Incidents related to the structural
habitability of buildings and or recovery efforts




D
Major Emergency Management Responsibilities:




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 ●​ Assist with initial damage assessments of all private businesses and homes within the
 City of Portland.
 ●​ Assist in the restoration of operations at licensed facilities following an emergency
 through expedited permitting and communicating the needs of licensed facilities to the
 EOC
 ●​ Evaluate structural stability and safety of homes and businesses.
 ●​ Oversee the demolition of any unsafe structures.
 ●​ Assist with initial damage assessments of all private businesses and homes within the
 City of Portland.
 ●​ Evaluate structural stability and safety of homes and businesses.
 ●​ Respond and assist Fire Department, Police Department and other departments during
 emergencies involving structures for; licensing, stability, and damage assessment.
 ●​ Evaluate structural stability of public infrastructure.
 ●​ Oversee the long-term recovery operations of the City.
 ●​ Vet and credential vendors and residents for re-entry operations.
 ●​ Conduct initial damage assessments of all private businesses and homes within the City
 of Portland.
 ●​ Evaluate structural stability and safety of homes and businesses.

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 ●​ Respond to emergencies involving public restaurants and Portland licensed vendors.
 ●​ Assist Technology Services as needed with mapping environmental hazards.
 ●​ Identify mission essential functions that must be maintained or rapidly restored during
 an emergency and maintain a department specific continuity of operations plan to
 address these functions.
 ●​ Account for all internal emergency/disaster related expenditures and report these
 expenditures to the EOC Finance and Administration Section with the appropriate
 supporting documentation.


3.2.6 Police Department
Legal Authority: Portland City Code Chapter 2-17 (c); Chapter 20; Maine Statutes 30-A M.R.S.
§2671
Capabilities Led: Forensics and Attribution; Intelligence and Information Sharing; Screening,



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Search, and Detection; Access Control and Identity Verification; Physical Protective Measures;
Supply Chain Integrity and Security; Response to Mass Casualty incidents; Bomb Threats;
On-Scene Security; Protection and Law Enforcement
EOC Positions Staffed: EOC Operations Section Chief, EOC Police Branch, EOC 911 Branch, EOC
Evacuation Branch, EOC Security Branch, EOC Scribe




D
JIC Positions Staffed: JIC Warning Coordinator, JIC Media Relations Branch, JIC Social Media
Branch, JIC Dissemination Branch
Communication Center/DOC Managed: 911 Communications




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Incident Management Responsibilities: Law enforcement incidents, criminal investigation
incidents, fire suppression incidents, search and rescue incidents, hazardous materials incidents
(initial response only), search-and-rescue incidents, technical rescue incidents, evacuations and
shelter-in-place orders.

Major Emergency Management Responsibilities:
 ●​ 911 Communications: Issue initial warning to the public through the 911 system, the
 Emergency Alert System (EAS) and Wireless Emergency Alerts (WEA). Alerts are issued in
 geographically targeted means and with attention to various access and functional
 needs. Use of Integrated Public Alert & Warning System (IPAWS) in collaboration with
 County & State EMA.
 ●​ 911 Communications: Take calls for assistance through 911 and dispatch the appropriate
 resources to incidents throughout the City.
 ●​ 911 Communications: Serve as the City’s primary entity for routine emergency
 information gathering, detection and monitoring.
 ●​ 911 Communications: Manage Police and Fire response resources and triage calls by
 ●​ priority when resources are limited.

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 ●​ 911 Communications: Request mutual aid or other routine first-response resources to
 assist in incident response.
 ●​ Police: Provide law enforcement, incident investigation, forensic analysis and crime
 ●​ prevention services.
 ●​ Police: Establish and enforce perimeters around incident scenes or critical infrastructure.
 ●​ Police: Partner with Health and Human Services and other providers to provide
 behavioral health services to emergency victims.
 ●​ Police: Coordinate victim identification and family reunification operations.
 ●​ Police: Make initial evacuation decisions and coordinate with 911 communications to
 issue public warnings.
 ●​ Police: Provide continuous on-scene protection at shelter sites.
 ●​ Police: Issue and enforce evacuation and shelter-in-place orders.
 ●​ All: Provide subject matter experts and public information officers to help manage
 incidents.


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 ●​ All: Support and control traffic flow around critical emergency facilities.
 ●​ All: In coordination with the OEM, maintain mutual aid agreements for emergency
 response resources with entities external to the City.
 ●​ All: Maintain tactical level incident plans related to crowd control, response deployment,




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 facility pre-plans, triage or other relevant incident response tasks.
 ●​ All: Identify mission essential functions that must be maintained or rapidly restored
 during an emergency and maintain a department specific continuity of operations plan
 to address these functions.
 ●​ All: Account for all internal emergency/disaster related expenditures and report these
 expenditures to the EOC Finance and Administration Section with the appropriate
 supporting documentation.


3.2.7 Fire Department
Legal Authority: Portland City Code Chapter 2 Sec. 2-17 (c); Chapter 10 Fire Prevention
Capabilities Led: Intelligence and Information Sharing; Fire Management and Suppression;
Emergency Medical Response; Fire Prevention and Fire Investigation; Access Supply Chain
Integrity and Security; Mass Search and Rescue Operations; Technical Rescue and Water Rescue;
Emergency response to all five Islands; and Public Education.
EOC Positions Staffed: EOC Operations Section Chief, EOC Planning Section Chief, EOC Fire
Rescue Branch, EOC 911 Branch, EOC Evacuation Branch, EOC Scribe,
JIC Positions Staffed: JIC Warning Coordinator, JIC Media Relations Branch, JIC Social Media
Branch, JIC Dissemination Branch
Communication Center/DOC Managed: 911 Communications



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Incident Management Responsibilities: Law enforcement incidents, criminal investigation
incidents, fire suppression incidents, search and rescue incidents, hazardous materials incidents
(initial response only), search-and-rescue incidents, technical rescue incidents, evacuations and
shelter-in-place orders.

Major Emergency Management Responsibilities:
 ●​ Provide fire suppression, fire prevention, search-and-rescue services and hazardous
 materials response.
 ●​ Provide emergency medical services at the Advanced Life Support (ALS) level.
 ●​ Provide fire code regulation/enforcement.
 ●​ Provide technical rescue response (swift water, open water, ice, confined space,
 structural collapse/instability, rope rescue and high/low angle rescue).
 ●​ Conduct evacuations of residents from unsafe structures.
 ●​ Coordinate victim identification and family reunification operations.


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 ●​ Make initial evacuation decisions and coordinate with 911 communications to issue
 public warnings.
 ●​ Issue and enforce evacuation and shelter-in-place orders.
 ●​ Provide buses and trucks for the movement of responders, evacuees or supplies.




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 ●​ Provide subject matter experts and public information officers to help manage incidents.
 ●​ Support and control traffic flow around critical emergency facilities.
 ●​ In coordination with the OEM, maintain mutual aid agreements for emergency response
 resources with entities external to the City.
 ●​ Maintain tactical level incident plans related to crowd control, response deployment,
 facility pre-plans, triage or other relevant incident response tasks.
 ●​ Identify mission essential functions that must be maintained or rapidly restored during
 an emergency and maintain a department specific continuity of operations plan to
 address these functions.
 ●​ Account for all internal emergency/disaster related expenditures and report these
 expenditures to the EOC Finance and Administration Section with the appropriate
 supporting documentation.


3.2.8 Public Works Department
Legal Authority: Portland City Code Chapter 2 Sec. 2-17 (d) (The Directors of both Public Works
and Parks, Recreation, and Facilities fall under the same section of Portland City Code for
authority)
Capabilities Led: Critical Transportation, Infrastructure Systems




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EOC Positions Staffed: EOC Fleet and Fuels Branch, EOC Infrastructure Branch, EOC
Transportation Branch, EOC Utilities Branch, EOC Damage Assessment Branch, EOC Debris
Management Branch, EOC WebEOC Resource Ordering Branch
JIC Positions Staffed: JIC Field Information Branch
DOC Managed: Traffic Management Center (TMC)
Incident Management Responsibilities: Utility interruptions, water shortages,
transportation incidents

Major Emergency Management Responsibilities:
 ●​ Fleet Management: Assist in maintaining fuel needs and mechanical readiness for
 vehicles involved in emergency operations.
 ●​ Street Maintenance: Manage debris collection, staging, sorting and disposal operations.
 ●​ Street Maintenance: Maintain primary and contingency debris management and
 monitor contracts to augment the City’s debris management capabilities.


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 ●​ Street Maintenance: Maintain Portland’s transportation infrastructure and provide rapid
 repair of key transportation pathways.
 ●​ Traffic Operations: Oversee transportation and traffic management operations from the
 State of Maine DOT.




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 ●​ Traffic Operations: Assist in routing and traffic control during evacuations.
 ●​ Water Resources: Maintain Portland’s wastewater/stormwater and flood mitigation
 infrastructure.
 ●​ All: Coordinate with public and private sector partners to ensure the maintenance or
 rapid restoration of energy and utility services.
 ●​ All: Conduct initial damage assessments of Portland’s wastewater, fiber optic and
 transportation networks in coordination with the Portland Water District (PWD).
 ●​ All: Assist in providing heavy equipment as needed for certain recovery and response
 efforts.
 ●​ All: Identify mission essential functions that must be maintained or rapidly restored
 during an emergency and maintain a department specific continuity of operations plan
 to address these functions.
 ●​ All: Account for all internal emergency/disaster related expenditures and report these
 expenditures to the EOC Finance and Administration Section with the appropriate
 supporting documentation.


3.2.9 Parks, Recreation, and Facilities Department
Legal Authority: Portland City Code Chapter 2 Sec. 2-17 (d) (The Directors of both Public Works
and Parks, Recreation, and Facilities fall under the same section of Portland City Code for
authority)

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Capabilities Led: Natural and Cultural Resources
EOC Positions Staffed: EOC Parks and Recreation Branch
JIC Positions Staffed: JIC Gathering, Writing, Production and Analysis (GWPA) Branch – Info
Gathering
DOC Managed: None
Incident Management Responsibilities: Incidents occurring on/in Parks and Recreation
property and facilities (often conducted in unified command with other departments).

Major Emergency Management Responsibilities:
 ●​ Provide land for debris management sites and response staging areas.
 ●​ Conduct initial Damage Assessments of all Parks and Recreation facilities within the City.
 ●​ Conduct initial Damage Assessments of all Public Buildings and Waterfront Facilities
 within the City.
 ●​ Create and maintain mitigation strategies for hazards affecting parks, trails, public


 ft
 buildings, and City owned waterfront facilities.
 ●​ Coordinate and conduct debris removal in conjunction with Public Works.
 ●​ Provide public buildings and/or recreation facilities and staff to establish DACs and
 shelters.




Dra
 ●​ Coordinate facilities and support personnel to manage LSAs, C-PODs and P-PODs.
 ●​ Provide personnel, vehicles, and resources for DACs, shelters and emergency
 logistics operations.
 ●​ Coordinate with public safety agencies to ensure event safety and security.
 ●​ Integrate emergency planning into large-scale event operations.
 ●​ Serve as liaison to event organizers during emergencies that impact public gatherings.
 ●​ Support public information dissemination during planned events and unplanned
 incidents affecting event activities.
 ●​ Identify mission essential functions that must be maintained or rapidly restored during
 an emergency and maintain a department specific continuity of operations plan to
 address these functions.
 ●​ Account for all internal emergency/disaster related expenditures and report these
 expenditures to the EOC Finance and Administration Section with the appropriate
 supporting documentation.


3.2.10 Portland International Jetport (PWM)
Legal Authority: Portland City Code Chapter 18 Article IV Airport Facilities § 18.81 14 C.F.R. Part
139; 49 C.F.R. § 1542; 14 C.F.R. 91.137; 29 C.F.R. 1910.120; 29 C.F.R. 1910.1200
Capabilities Led: None
EOC Positions Staffed: EOC Airport Branch

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JIC Positions Staffed: None
Communication Center/DOC Managed: Airport Emergency Operations Center (AEOC)
Incident Management Responsibilities: Incidents, aviation-related or otherwise, on
airport property

Major Emergency Management Responsibilities:
 ●​ Maintain or restore Portland’s air transportation infrastructure to meet the needed
 capacity following an emergency.
 ●​ Maintain an Airport Emergency Plan (AEP) for the Portland International Jetport that
 provides both authority and responsibility for organizations to perform tasks during
 emergency situations.
 ●​ Assist with the coordination of the orderly movement of evacuees out of Portland by
 aircraft.
 ●​ Receive emergency supplies, equipment, response personnel and repatriates arriving in
 Portland by aircraft.

 ft
 ●​ Support ground transportation operations at the airport by providing vehicles, drivers
 and equipment for evacuation and movement of supplies and responders.
 ●​ Ensure adequate passenger and cargo air transportation capabilities exist to support




Dra
 the Portland Metro Area economy and recovery operations following an emergency.
 ●​ Warn travelers and implement protective actions when hazards threaten airport
 property, including activation of Wireless Emergency Alerts (WEA).
 ●​ Coordinate and assist in sheltering, feeding and supporting all airport passengers
 stranded at the airport during an emergency.
 ●​ Conduct damage assessment of airport property when necessary and report findings to
 the EOC Damage Assessment Branch.
 ●​ Rapidly remove debris from airport property that impedes airport operations or
 emergency services and coordinate with the EOC Debris Management Branch to collect
 and dispose of debris on airport property.
 ●​ Ensure security protections for all airport facilities and flight operations.
 ●​ Coordinate with Portland’s Public Health Division and Maine CDC to implement
 infectious disease control measures at the airport during times of public health concern.
 ●​ Identify mission essential functions that must be maintained or rapidly restored during
 an emergency and maintain a department specific continuity of operations plan to
 address these functions.
 ●​ Account for all internal emergency/disaster related expenditures and report these
 expenditures to the EOC Finance and Administration Section with the appropriate
 supporting documentation.




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3.2.11 Communications & Digital Services Department
Legal Authority: N/A
Capabilities Led: Public Information & Warning
EOC Positions Staffed: EOC Public Information Officer (PIO), EOC Joint Information Center (JIC)
Manager, EOC Social Media Branch, EOC Media Relations Branch, EOC Rumor Control Branch
JIC Positions Staffed: JIC Manager, Media Liaison, Social Media Coordinator, Public Outreach
Specialist
DOC Managed: None
Incident Management Responsibilities: Lead agency for citywide public information and
warning during emergencies.

Major Emergency Management Responsibilities:

 ●​ PIO: Coordinate all official City communications during emergencies through the Joint
 Information System (JIS).

 ft
 ●​ PIO: Ensure timely and accurate dissemination of information to the public through
 multiple channels, including news media, social media, City website, and emergency
 alert systems.
 ●​ PIO: Monitor media and public information sources for accuracy, misinformation, and




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 public sentiment.
 ●​ Public Outreach: Ensure communications are accessible, culturally appropriate, and
 available in multiple languages as needed.
 ●​ All: Maintain public information templates and pre-scripted messages for likely hazards.
 ●​ All: Support rumor control and ensure consistent messaging across all departments and
 partner agencies.
 ●​ All: Identify mission essential functions related to public communication and maintain a
 department-specific Continuity of Operations Plan (COOP).

3.2.12 Information & Technology (IT)
Legal Authority: N/A
Capabilities Led: Cybersecurity, Infrastructure Systems
EOC Positions Staffed: EOC IT Branch Director, EOC Network Support Unit, EOC Communications
Systems Support, EOC Data Management Unit
JIC Positions Staffed: None
DOC Managed: IT Operations Center (if activated)
Incident Management Responsibilities: The Information Technology Department is responsible
for maintaining critical City technology systems, ensuring continuity of data and
communications infrastructure, and supporting the EOC with technical resources during
emergency incidents. Cybersecurity incidents?


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During activations, IT will coordinate with OEM and departmental stakeholders to ensure
technology services remain operational and responsive to the needs of first responders,
leadership, and field operations.

Major Emergency Management Responsibilities:

 ●​ Maintain critical City technology infrastructure, including on-premise servers, core
 network systems, and emergency communications platforms during incidents.
 ●​ Coordinate with OEM and vendors to maintain redundant network connectivity and
 ensure availability of remote access solutions for continuity operations.
 ●​ Maintain City VoIP systems and coordinate with PRCC and OEM to support continuity of
 radio and dispatch communications infrastructure.
 ●​ Support EOC activities by providing staffing, hardware, networking, and access to
 productivity tools for EOC personnel
 ●​ Ensure continuity of essential applications and services, including CAD/RMS (in
 coordination with PRCC), Finance ERP, Permitting systems, and GIS (in coordination with
 Public Works)

 ft
 ●​ Provide access to GIS servers and mapping platforms hosted by IT in support of
 situational awareness and emergency planning, in coordination with Public Works GIS
 staff.
 ●​ Ensure reliable data protection and recovery through backup and continuous data




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 protection; Execute system restoration based on predefined RTO/RPO objectives.
 ●​ Support departmental COOP by assisting in the identification of mission-essential
 applications and infrastructure and enabling alternate service delivery methods.
 ●​ Maintain and regularly test department-specific COOPs to identify and prioritize
 mission-essential IT functions and services that must be maintained or rapidly restored
 during emergencies.

Cybersecurity Response

Cybersecurity responsibilities, including threat monitoring, incident response, and protection of
City systems against malicious activity during emergencies, are covered in the separate Cyber
Incident Annex (in development). IT will maintain heightened vigilance during incidents,
especially during known periods of disruption or exposure.


3.3 Responsibilities: Internal City Support
Some City Departments may not have a role in the City’s Emergency Operations Center (EOC)
but provide support to emergency operations.




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3.3.1 Human Resources

The Human Resources (HR) Department plays a critical role in supporting the City’s workforce
during emergency operations. HR ensures that personnel resources are effectively managed,
policies are followed, and employee needs are addressed to maintain continuity of government
operations and essential services.

Primary Responsibilities
 ●​ Ensure workplace safety and train employees on the Employee Emergency Action Plan
 and safety policies.
 ●​ Maintain an up-to-date roster of all City employees, including emergency contact
 information.
 ●​ Coordinate with department heads to identify essential personnel and ensure adequate
 staffing levels during incidents.



 ft
 ●​ Facilitate reassignments or cross-department deployments when necessary to support
 emergency operations.
 ●​ Assist in communicating personnel reporting instructions, alternate work locations, and
 telework expectations during emergencies.




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 ●​ Track employee availability and maintain a current status of on-duty, off-duty, and
 displaced personnel.
 ●​ Advise leadership on HR-related policies, procedures, and labor agreements during
 emergency response and recovery operations.
 ●​ Support implementation of emergency-related leave policies, timekeeping procedures,
 and overtime approvals.
Support Responsibilities
 ●​ Coordinate employee wellness checks, counseling, and access to Employee Assistance
 Programs (EAP) during and after emergencies.
 ●​ Support demobilization and recovery by addressing workforce fatigue and stress
 management needs.
 ●​ Maintain processes to recruit and onboard temporary personnel or contractors to fill
 staffing gaps.
 ●​ Support volunteer and mutual aid integration when required.
Coordination
The HR Department works closely with:
 ●​ City Manager’s Office for continuity of government functions
 ●​ Department Heads for staffing coordination
 ●​ Finance Department for payroll, benefits, and compensation during emergencies




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 ●​ Emergency Management & Public Safety for integration with the Emergency Operations
 Center (EOC) and situational awareness


3.3.2 Housing and Economic Development
Primary Responsibilities
 ●​ Assist in identifying locations for PODs, LSAs, shelters and other emergency facilities.
 ●​ Administer emergency programs that assist with repairing, rebuilding, or purchasing
 permanent housing when available.
 ●​ Coordinate with local businesses on continuity planning and recovery resources.
 ●​ Facilitate public-private partnerships for disaster response and recovery.
 ●​ Assist affected businesses in accessing state and federal economic recovery programs.
 ●​ Provide economic impact assessments to the EOC during recovery operations.

3.3.3 Assessor
Primary Responsibilities
 ft
 ●​ Assist with surveys to physically inspect and document damaged or destroyed
 properties.




Dra
 ●​ Reassessing the value of properties affected by a disaster to reflect their post-disaster
 condition.
 ●​ Assist with GIS mapping to track damaged properties.
 ●​ Provide information on property damage to help decision makers understand the
 economic impact of a disaster to assist in long-term recovery planning.


3.4 Responsibilities: Independent Agencies, State Government,
Federal Government and Quasi-governmental Organizations
The City of Portland works closely with a range of independent agencies, state and federal
government entities, and quasi-governmental organizations to ensure a coordinated and
effective emergency management program. These partners provide critical expertise, resources,
and operational capabilities that enhance the City’s preparedness, response, recovery, and
mitigation efforts. The following outlines the primary roles and responsibilities of these
organizations in relation to the City’s Emergency Operations Plan (EOP).




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3.4.1 Portland Public Schools (PPS)

Portland Public Schools operates under the authority of the Maine Revised Statutes, Title 20-A,
and is governed by the Portland Board of Public Education. PPS is responsible for ensuring the
safety, security, and continuity of education for all students, staff, and visitors across its facilities.
The district maintains an all-hazards District Emergency Operations Plan (EOP) that aligns with
the City of Portland’s EOP and coordinates closely with the City’s emergency management,
police, and fire departments to prepare for, respond to, and recover from emergencies that may
impact school operations.

For emergency management purposes, their authority and responsibilities include:

 ●​ Implementing protective actions such as lockdown, shelter-in-place, evacuation, or
 relocation to safeguard students and staff.
 ●​ Activating and managing the District Operations Center (DOC) to coordinate
 school-based emergency response efforts.


 ft
 ●​ Maintaining accountability systems to track the status and location of students and staff
 during incidents.
 ●​ Communicating timely and accurate information to parents, guardians, staff, and
 students during emergencies.
 ●​ Providing facilities, when requested by the City, for use as temporary shelters,




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 reunification centers, or points of distribution (PODs).
 ●​ Supporting the continuity of educational services, including remote learning capabilities,
 following significant disruptions.
 ●​ Participating in joint training, exercises, and after-action reviews with City departments
 and partner agencies.

3.4.2 Metropolitan Transportation (Greater Portland METRO)

The Greater Portland Transit District (METRO) operates under Maine Revised Statutes, Title
30-A, Chapter 163, providing public bus transportation services to the Portland metropolitan
area and surrounding communities. METRO is a vital partner in the City’s emergency
transportation network, supporting evacuation, relocation, and the movement of essential
personnel and resources.

For emergency management purposes, their authority and responsibilities include:

 ●​ Providing buses and drivers to support evacuation and relocation operations when
 requested by the City.
 ●​ Assisting in the transportation of individuals with access and functional needs to shelters
 or safe locations.
 ●​ Maintaining communications with the City’s EOC during emergencies to coordinate
 transportation resources.



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 ●​ Adjusting routes and services to support emergency operations and avoid hazardous
 areas.
 ●​ Participating in preparedness planning, training, and exercises with City and regional
 partners.

3.4.3 Central Maine Power (CMP)

Central Maine Power, regulated by the Maine Public Utilities Commission, is the primary electric
utility serving the City of Portland. CMP plays a critical role in restoring electrical service during
emergencies and prioritizes power restoration for critical facilities.

For emergency management purposes, their authority and responsibilities include:

 ●​ Assessing damage to electrical infrastructure and deploying repair crews during
 emergencies.
 ●​ Prioritizing restoration for critical facilities, including hospitals, emergency shelters, and
 public safety facilities.

 ft
 ●​ Coordinating with the City’s EOC for resource requests, situational updates, and public
 information dissemination.
 ●​ Supporting public safety operations by isolating damaged electrical infrastructure.
 ●​ Participating in joint training and exercises to improve response and coordination




D capabilities.

3.4.4 Portland Water District (PWD)




 ra
The Portland Water District, established under Maine Private and Special Laws of 1907 and
governed by an elected Board of Trustees, provides water and wastewater services to the City of
Portland. PWD is a key partner in maintaining public health and safety during emergencies.

For emergency management purposes, their authority and responsibilities include:

 ●​ Ensuring the safety and quality of drinking water during emergencies. Including issuing
 any Boil Water Orders for customers in any affected areas of the City.
 ●​ Maintaining and restoring water and wastewater services disrupted by incidents.
 ●​ Providing technical expertise and equipment to support emergency response
 operations.
 ●​ Coordinating with the City’s EOC for situational awareness and resource requests.
 ●​ Participating in hazard mitigation and infrastructure resilience planning.

3.4.5 Unitil Corporation
Unitil, doing business as Northern Utilities Maine Division and Granite State Gas Transmission, is
a utility regulated by the Maine Public Utilities Commission. As the primary natural gas utility
serving the City of Portland and operator of a natural gas transmission pipeline supporting the


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area’s gas supply, Unitil plays a critical role in ensuring the safety and reliability of gas service in
the community.

For emergency management purposes, their authority and responsibilities include:

 ●​ Promptly responding to emergency calls and odor complaints.
 ●​ Supporting public safety operations by isolating damaged natural gas infrastructure.
 ●​ Assessing damage to natural gas distribution and transmission infrastructure and
 deploying repair crews during emergencies.
 ●​ Coordinating with the City’s EOC for resource requests, situational updates, and public
 information dissemination.
 ●​ Prioritizing restoration for critical facilities, including hospitals, emergency shelters, and
 public safety facilities to the greatest extent possible while ensuring the protection of
 people, property, infrastructure, and the environment.
 ●​ Participating in joint training and exercises to improve response and coordination
 capabilities.



 ft
3.4.6 MaineHealth Maine Medical Center – Portland and Northern Light Mercy
Hospital




D
MaineHealth Maine Medical Center – Portland and Northern Light Mercy Hospital operate
under applicable federal and state healthcare regulations, including licensure through the
Maine Department of Health and Human Services. These hospitals are critical healthcare
providers in the City of Portland, delivering emergency medical care, inpatient services, and
specialized treatments. They maintain hospital-specific emergency operations plans that




 ra
coordinate with the City’s EOP.

For emergency management purposes, their authority and responsibilities include:

 ●​ Providing emergency and inpatient medical care during disasters or mass casualty
 incidents.
 ●​ Coordinating with emergency medical services (EMS) and the City’s EOC for patient
 surge and resource needs.
 ●​ Maintaining hospital incident command systems to manage internal response
 operations.
 ●​ Supporting public health surveillance and reporting during outbreaks or public health
 emergencies.
 ●​ Participating in regional healthcare coalitions, training, and exercises.

3.4.7 Portland Housing Authority (PHA)

The Portland Housing Authority operates under the authority of the U.S. Housing Act of 1937
and relevant HUD regulations. PHA provides affordable housing options for low-income


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residents and plays an important role in ensuring the safety and well-being of tenants during
emergencies.

For emergency management purposes, their authority and responsibilities include:

 ●​ Implementing emergency procedures to protect residents during incidents affecting PHA
 properties.
 ●​ Coordinating with the City’s EOC and social services agencies to meet residents’ needs
 during and after emergencies.
 ●​ Providing information to tenants regarding protective actions and recovery resources.
 ●​ Identifying available housing units for relocation of displaced residents.
 ●​ Participating in community preparedness and outreach initiatives.

3.4.8 Colleges and Universities




 ft
Portland is home to several institutions of higher education, including the University of
Southern Maine, University of New England, The Roux Institute - Northeastern University and
the Maine College of Art and Design. These institutions operate under state higher education
statutes and maintain their own campus safety and emergency management programs that
coordinate with the City’s EOP.




D
For emergency management purposes, their authority and responsibilities include:




 ra
 ●​ Maintaining campus emergency operations plans aligned with the City’s EOP.
 ●​ Implementing protective measures such as lockdown, evacuation, or shelter-in-place
 when necessary.
 ●​ Coordinating with local law enforcement, fire, and EMS during emergencies affecting
 campus operations.
 ●​ Providing facilities and resources, when available, to support City response operations.
 ●​ Participating in training, exercises, and public information campaigns.

3.4.9 Private Schools and Charter Schools

Private and charter schools in Portland operate under applicable state education laws and
maintain independent governance structures. These schools are responsible for the safety of
their students and staff and work in coordination with City emergency services to prepare for
and respond to incidents.

For emergency management purposes, their authority and responsibilities include:

 ●​ Developing and maintaining school emergency operations plans consistent with best
 practices.
 ●​ Implementing protective actions during emergencies to safeguard students and staff.



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 ●​ Maintaining communications with parents, guardians, and City emergency management
 during incidents.
 ●​ Participating in joint training and exercises with City and regional partners.
 ●​ Providing facilities, when feasible, for community response needs such as sheltering.

3.4.10 Neighborhood Districts

Neighborhood districts, including organized neighborhood associations, play an important role
in supporting community resilience and emergency preparedness. These groups operate under
their own governance structures but often collaborate with the City to enhance communication,
mutual aid, and disaster response efforts.

For emergency management purposes, their authority and responsibilities include:

 ●​ Providing local situational awareness and damage reports to the City’s EOC during
 emergencies.


 ft
 ●​ Coordinating volunteer efforts and community resources for preparedness and recovery
 activities.
 ●​ Assisting in disseminating emergency information to residents.
 ●​ Supporting vulnerable populations within their neighborhoods during incidents.
 ●​ Participating in community-based training and exercises.




D
3.4.11 Amtrak and Railroad Transportation

Passenger rail services in Portland are provided by Amtrak’s Downeaster line, while freight rail




 ra
operations are conducted by regional carriers. Rail operators are subject to federal safety
regulations and work in coordination with the City for emergency planning and incident
response.

For emergency management purposes, their authority and responsibilities include:

 ●​ Implementing rail-specific emergency response plans and coordinating with City public
 safety agencies.
 ●​ Providing transportation resources during evacuations or large-scale incidents when
 feasible.
 ●​ Ensuring rapid communication with the City’s EOC during rail incidents affecting public
 safety.
 ●​ Supporting hazardous materials response efforts when incidents involve rail cargo.
 Following Federal Rail Administration (FRA) guidelines by reporting any collision,
 derailment, or incident resulting in a fatality or serious injury to a passenger or crew
 member, and events involving hazardous materials or property damage exceeding a
 certain reporting threshold.
 ●​ Participating in joint training and emergency drills with City and regional partners.



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3.4.12 Cumberland County

Cumberland County administers essential county-wide resources such as judicial services,
Registry of Deeds, Sheriff's Office, Jail, Regional Communications Center, Public Health
Department and Emergency Management Agency (CCEMA). CCEMA serves as a vital link
between local municipal emergency operations and State and Federal resources. CCEMA’s
primary function is to provide coordination, logistical expertise (surge capacity), and support for
large-scale, all-hazards incidents. When local resources are overwhelmed or additional
coordination is needed, county-level agencies are available for additional support.

For emergency management purposes, their authority and responsibilities include:

 ●​ Activating and managing the Cumberland County EOC.
 ●​ Coordinating the flow of information to adjacent counties and MEMA.
 ●​ Requesting additional resources from the State and other partners on behalf of
 municipalities.


 ft
 ●​ Developing and disseminating information to foster a common operating picture.
 ●​ Coordinating activation of public alerting systems, including IPAWS and CodeRED
 ●​ Coordinating and supporting other sites, including, but not limited to:
 ○​ Emergency Shelters
 ○​ Joint Information Centers




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 ○​ Volunteer Reception Centers
 ○​ Points of Distribution (POD)
 ○​ Reunification Centers
 ●​ Coordinating emergency management training.
 ●​ Coordinating the assistance provided by private organizations, groups or volunteers, in
 partnership with the American Red Cross (ARC) and other non-government agencies.

3.4.13 State of Maine

The State of Maine, through its various departments and the Maine Emergency Management
Agency (MEMA), provides statewide coordination, resources, and support to municipalities
during emergencies. State agencies operate under Maine Revised Statutes and collaborate
closely with the City to enhance preparedness, response, recovery, and mitigation capabilities.

For emergency management purposes, their authority and responsibilities include:

 ●​ Providing specialized resources, technical expertise, and personnel to support local
 emergency operations.
 ●​ Coordinating with the City’s EOC through coordination with Cumberland County EMA
 and City emergency management officials.
 ●​ Administering state-level disaster assistance programs and facilitating federal aid
 requests.
 ●​ Supporting public health, public safety, and critical infrastructure protection.


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 ●​ Participating in statewide training and exercises that include City agencies.

3.4.14 Federal Government

The Federal Government, through agencies such as the Federal Emergency Management
Agency (FEMA), provides nationwide coordination, funding, and operational support to state
and local governments during emergencies. Federal agencies operate under applicable U.S. laws
and regulations and coordinate with the State of Maine and the City of Portland during major
disasters.

For emergency management purposes, their authority and responsibilities include:

 ●​ Providing disaster assistance through FEMA programs and other federal agencies.
 ●​ Deploying federal resources, teams, and equipment when requested and approved.
 ●​ Coordinating with state and local governments to ensure an integrated response.
 ●​ Offering technical guidance, training programs, and planning support.


 ft
 ●​ Supporting long-term recovery and hazard mitigation initiatives.


3.5 Responsibilities: Private Sector Partners




D
The City of Portland relies on private sector organizations across multiple industries to support
preparedness, response, and recovery operations. Each subsection below details sector-specific
partners, their roles, and their capabilities.




 ra
3.5.1 Local Business Groups & Organizations
Local business associations help coordinate resources, maintain economic continuity, and
provide situational awareness during emergencies.


Business Group/
Association

Chamber of
 Organization(s)


 Portland Regional
 Emergency Role & Capabilities


 Coordinates communication with businesses,
Commerce Chamber of Commerce assists in mobilizing private sector resources.


Downtown Portland Downtown Supports storefront resilience, event
District coordination, and outreach to small
 businesses.




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Regional Greater Portland Council Provides regional planning, transportation
Planning of Governments (GPCOG) coordination, and business continuity
 resources.

Hospitality HospitalityMaine Liaison for hotels and restaurants; assists in
Advocacy feeding and sheltering during incidents.


3.5.2 Portland Downtown District
The downtown district is vital for commerce, tourism, and events, requiring coordination to
sustain operations during disruptions.


Entity

Merchant
Associations
 Organization(s)

 Portland Downtown
 ft Emergency Role & Capabilities

 Coordinates communication with local
 businesses and supports continuity planning.




D
Event Venues


Storefront




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Businesses
 Cross Insurance Arena;
 State Theatre

 Local retailers and
 restaurants


3.5.3 Lodging / Hotel Providers
 Facilitates emergency use of venues for
 sheltering or staging operations.

 Support economic recovery, provide food and
 supplies during emergencies.




Hotels and lodging providers play a key role in sheltering evacuees, housing emergency
responders, and supporting displaced populations.


Lodging Type Organization(s) Emergency Role & Capabilities

Hotels Marriott, Hilton, Holiday Provide shelter for displaced residents, first
 Inn, Westin, Harbor Hotel responders, and recovery workers.


Boutique Hotels Local independent inns Offer supplemental sheltering capacity and
 and hotels short-term housing.




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Short-Term Airbnb, VRBO, local rental Expand sheltering options for visitors and
Rentals properties evacuees.


3.5.4 Tourism Industry
Tourism partners support continuity of visitor services and large-event coordination.


 Tourism Sector Organization(s) Emergency Role & Capabilities

 Destination Visit Portland Help share timely, accurate information with
 Marketing hotels, restaurants, attractions, and visitors.
 Supports coordination of tourists during
 emergencies.

 Tour Operators


 Event Services
 ft
 Local tour companies,
 bus lines

 Convention and visitor
 Assist in evacuation transport and continuity of
 services.

 Support relocation of large gatherings and




D bureaus


3.5.5 Cruise Ship Industry




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 conferences.




The cruise industry brings thousands of passengers and requires coordination for safety and
evacuation during emergencies.


 Cruise Entity

 Cruise
 Coordination
 Organization(s)

 CruiseMaine, Port of
 Portland
 Emergency Role & Capabilities

 Coordinate arrival/departure, manage
 large-scale passenger handling in emergencies.

 Passenger Shore excursion Support evacuation logistics and visitor safety.
 Services companies

 Hospitality Local tourism providers Assist in housing stranded passengers or crew.
 Support


3.5.6 Supermarkets and Food Suppliers
Food suppliers and retailers ensure access to essential goods and emergency food support.


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Food Entity Organization(s) Emergency Role & Capabilities

Supermarkets Hannaford, Shaw’s Maintain food supply chains and support
 emergency food distribution.


Wholesalers Sysco, UNFI Provide large-scale food distribution to shelters
 and hospitals.

Food Banks Good Shepherd Food Offer emergency food support for vulnerable
 Bank, Preble Street, populations.
 Wayside Food


3.5.7 Assisted Living Facilities & Nursing Homes


 ft
Facilities caring for seniors and vulnerable populations must coordinate closely in emergencies.


 Care Type Organization(s) Emergency Role & Capabilities




DAssisted Living


 Nursing Homes




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 Memory Care
 Local assisted living
 facilities
 Ensure safety of residents, coordinate
 evacuation when necessary.

 Long-term care centers in Provide medical support and coordinate with
 Portland


 Specialized dementia
 care facilities


3.5.8 Transportation Industry
 hospitals for patient transfer.


 Safeguard highly vulnerable populations and
 support medical evacuation.




Transportation partners provide continuity of mobility and support evacuation efforts.


 Transport Organization(s) Emergency Role & Capabilities
 Mode

 Ferry Service Casco Bay Lines Maintain lifeline access to islands, support
 evacuation operations.




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 Rail Service Amtrak Downeaster Support evacuation of passengers and transport
 of supplies.

 Bus / Coach Concord Trailways Support evacuation of passengers and or support
 Service for transportation vehicles for mass evacuation.

 Public Transit Greater Portland METRO Assist in evacuation, transport responders, and
 maintain commuter mobility.


 Trucking/Logis Private trucking Maintain supply chain distribution and deliver
 tics companies emergency resources.


3.5.9 Financial Institutions


 ft
Banks and credit unions maintain financial stability and ensure continuity of access to funds.


 Financial Organization(s) Emergency Role & Capabilities




D
 Entity

 Banks Local and regional banks Ensure continuity of services, facilitate
 emergency loans, protect assets.




 ra
 Credit Unions


 ATM
 Networks


3.5.10 Hospitals
 Regional credit unions


 Banking networks
 Support members with emergency relief funding
 and continuity of services.

 Maintain access to cash and digital banking
 services during power outages.




Hospitals provide surge medical support, coordinate with EMS, and support mass care
operations.


 Healthcare Organization(s) Emergency Role & Capabilities
 Facility




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 Primary MaineHealth Maine Provide trauma and specialty care, maintain
 Hospital Medical Center – Portland regional surge capacity.

 Community Northern Light Mercy Support inpatient and outpatient care,
 Hospital Hospital coordinate with regional EMS.

 Clinics Local urgent care centers Offer supplemental medical capacity and urgent
 and clinics care support.

 Pharmacies CVS, Walgreens, Ensure access to medications, support mass
 Hannaford, Walmart, dispensing.
 independent pharmacies


3.5.11 Utility Companies

 ft
Utilities sustain community lifelines by restoring power, water, and communications systems.


 Utility Type Organization(s) Emergency Role & Capabilities




DElectricity




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 Natural Gas


 Water &
 Wastewater

 Telecommuni
 cations
 Central Maine Power
 (CMP)

 Summit Natural Gas, Unitil


 Portland Water District


 Verizon, AT&T, Spectrum,
 T-Mobile
 Restore power, prioritize critical facilities, and
 manage outages.

 Maintain gas distribution and ensure safe
 restoration after outages.

 Maintain drinking water supply and wastewater
 systems.

 Ensure continuity of phone, internet, and
 emergency communications.




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 Page 99
SECTION 4: PLAN MAINTENANCE

4.1 Introduction
The City of Portland Emergency Operations Plan (EOP) is a living document that will be
maintained to ensure its continued relevance, accuracy, and compliance with local, state, and
federal requirements.

4.2 Maintenance Process

4.2.1 Formal Approval

 ●​ Substantive Changes – Any substantive changes that alter the intent, scope, authorities,



 ft
 or responsibilities outlined in the EOP shall require formal review and approval by the
 Portland City Council.
 ●​ Administrative Changes – Administrative changes, such as updates to contact
 information, resource inventories, department names, or minor procedural adjustments,
 may be approved and implemented by the City Manager without City Council action.




Dra
 ●​ Council Review Cycle – The EOP shall be formally reviewed and reapproved by the
 Portland City Council at least once every three (3) years, or more frequently if required
 by changes in law, organizational structure, or hazard risk.


4.2.2 Record of Changes / Revisions

All updates to the EOP, whether administrative or substantive, will be documented in the Record
of Changes log, including the date, nature of the change, and the approving authority.


4.3 Training, Exercises, and Evaluation

4.3.1 Training, Exercises, and Evaluation
The City of Portland recognizes that the effectiveness of the Emergency Operations Plan (EOP)
depends on the ability of City staff, partner agencies, and stakeholders to understand their roles
and responsibilities and to perform assigned tasks under real-world conditions. To that end, the
City’s Office of Emergency Management (OEM) will maintain a comprehensive training, exercise,
and evaluation program in alignment with the Homeland Security Exercise and Evaluation
Program (HSEEP).



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 Page 100
  4.3.1.1 Training
  The OEM will coordinate annual training opportunities for City staff and partner agencies to
  ensure familiarity with the EOP, Hazard-Specific Annexes, Standard Operating Guidelines
  (SOGs), and related plans.
 ●​ Training will include both classroom-based instruction and practical, scenario-driven
 activities, tailored to the hazards and operational priorities identified in the City’s Threat
 and Hazard Identification and Risk Assessment (THIRA).
 ●​ New employees in designated emergency response or support roles will receive
 orientation on EOP roles and responsibilities within their first year of service.

  4.3.1.2 Exercises
 ●​ The OEM will plan and conduct exercises in accordance with HSEEP guidelines to test
 and validate the EOP and supporting procedures.
 ●​ Exercises will vary in type and complexity, including seminars, workshops, tabletop


 ft
 exercises, functional exercises, and full-scale exercises.
 ●​ At least one City-wide exercise will be conducted every year, with additional
 hazard-specific or department-level exercises scheduled as needed.




D 4.3.1.3 Evaluation and Improvement Planning




 ra
 ●​ All exercises and actual incidents will be evaluated to identify strengths, areas for
 improvement, and recommended corrective actions.
 ●​ The OEM will develop an After Action Report (AAR) and Improvement Plan (IP) following
 each exercise or incident, documenting lessons learned and assigning responsibility for
 corrective actions.
 ●​ Identified improvements will be incorporated into the EOP, Hazard-Specific Annexes, and
 departmental procedures during the next plan review cycle, or sooner if urgent.




Emergency Operations Plan 2025​ ​ ​ ​ ​ ​ ​ ​ ​ Pg.78

 Page 101
SECTION 5: APPENDICES AND ANNEXES

5.1 Support Appendices

5.1.1 Glossary of Terms and Acronyms​ ​ ​ ​

Table 5.1 Portland EOP Glossary of Terms and Acronyms

 Acronym Term Definition

 AAR After Action Report A formal report analyzing response actions, lessons learned, and
 recommendations following an incident or exercise.

 ARC


 COOP
 American Red Cross


 Continuity of
 Operations Plan
 ft
 Nonprofit organization providing disaster relief, shelter, and
 humanitarian services.

 A plan to ensure essential government functions continue during and
 after a disruption.




D
 DAC Disaster Assistance Facility where individuals and businesses can access post-disaster
 Center services and information.

 DEM Department of City/County office coordinating preparedness, response, recovery,
 Emergency and mitigation activities.




 ra
 Management

 DOC Department Facility where a department coordinates its own emergency response
 Operations Center activities.

 EAS Emergency Alert National system for public warning via broadcast, cable, and satellite
 System media.

 EOC Emergency Operations Central location for coordinating emergency management activities
 Center and resources.

 EOP Emergency Operations Document describing the framework for how the City responds to
 Plan emergencies and disasters.

 FEMA Federal Emergency U.S. agency providing federal disaster response and recovery support.
 Management Agency

 ICS Incident Command Standardized, on-scene, all-hazards incident management approach.
 System

 IMAT Incident Management Team providing operational support to incident management
 Assistance Team activities.



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 Page 102
 JIC Joint Information Facility for coordinating public information and media relations
 Center during an incident.

 JIS Joint Information Framework for integrating public information across agencies during
 System incidents.

 LEOP Local Emergency The jurisdiction-specific plan for managing emergencies.
 Operations Plan

 LTRC Long-Term Recovery Group coordinating resources and services for long-term disaster
 Committee recovery.

 MACS Multiagency Framework for coordinating resources and decision-making among
 Coordination System multiple agencies.

 MOU Memorandum of Agreement between parties outlining roles, responsibilities, and
 Understanding resource sharing.

 NIMS


 OEM
 National Incident
 Management System

 Office of Emergency
 Management
 ft
 Nationwide framework for standardized incident management and
 coordination.

 The central coordination body for all emergency management
 activities within the City.




DPIO


 POD




 ra
 SitRep

 VOAD
 Public Information
 Officer

 Point of Distribution


 Situation Report

 Voluntary
 Organizations Active in
 Disaster
 Designated official responsible for disseminating public information
 during an incident.

 Location where the public can obtain emergency supplies or services.


 Summary of incident status, actions taken, and resource needs.

 Coalition of nonprofit groups supporting disaster response and
 recovery.




Emergency Operations Plan 2025​ ​ ​ ​ ​ ​ ​ ​ ​ Pg.80

 Page 103
5.1.2 Record of Revision / Change
Record of Change
 Date Approving Authority Description




 ft
Dra
Emergency Operations Plan 2025​ ​ ​ ​ ​ ​ ​ ​ ​ Pg.81

 Page 104
5.1.3 Record of Distribution
Record of Distribution
 Name Agency Date of Number of
 Delivery Copies




 ft
Dra
Emergency Operations Plan 2025​ ​ ​ ​ ​ ​ ​ ​ ​ Pg.82

 Page 105
5.1.4 City of Portland Organizational Chart
Visual 5.1 City of Portland Organizational Chart




 ft
Dra
5.1.5 Private Sector Partners – Quick Reference

The City of Portland relies on a broad range of private sector partners to support emergency
preparedness, response, recovery, and continuity of community lifelines. The table below
summarizes key partners, their roles, and the capabilities they provide.


 Sector / Organization(s) Emergency Role & Capabilities
 Partner

 Utilities Central Maine Power Restore electrical and natural gas service,
 (CMP); Unitil; Summit protect utility infrastructure, support critical
 Natural Gas facilities during outages.



Emergency Operations Plan 2025​ ​ ​ ​ ​ ​ ​ ​ ​ Pg.83

 Page 106
 Water & Portland Water District Maintain potable water supply, water quality,
 Wastewater (PWD) and wastewater management during incidents.

 Transportation Casco Bay Lines; Amtrak; Provide continuity of ferry service to Casco Bay
 Greater Portland METRO; Islands; maintain commuter and freight
 private trucking & mobility; support evacuation and supply
 logistics companies distribution.

 Healthcare MaineHealth Maine Deliver emergency medical care, surge capacity,
 Medical Center – pharmaceutical distribution, and coordination
 Portland; Northern Light of healthcare response.
 Mercy Hospital; private
 clinics & pharmacies

 Telecommunic
 ations
 ft
 Verizon; AT&T; Spectrum Ensure continuity and restoration of phone,
 internet, and data systems critical for response
 operations.




D
 Media & WGME, WMTW, WCSH Provide accurate, timely emergency messaging
 Communicatio (local TV); Portland Press to the public; support Joint Information
 ns Herald, Maine Public System/Center.
 Radio




 ra
 Food Supply &
 Retail




 Hospitality &
 Lodging


 Tourism &
 Cruise
 Industry
 Hannaford; Shaw’s; local
 supermarkets,
 wholesalers, food
 distributors

 HospitalityMaine; major
 hotel providers; local inns
 and short-term rentals

 CruiseMaine; Portland
 cruise ship operators;
 Visit Portland
 Maintain food distribution chains; coordinate
 with the City for emergency food supply and
 shelter feeding.


 Provide shelter and housing for displaced
 populations, emergency responders, and
 recovery personnel.

 Support large-scale passenger management,
 assist in coordinating visitors during
 emergencies.

 Financial Local and regional banks Ensure continuity of financial services, expedite
 Institutions & credit unions disaster assistance disbursement, protect
 customer assets.


Emergency Operations Plan 2025​ ​ ​ ​ ​ ​ ​ ​ ​ Pg.84

 Page 107
 Assisted Living Local long-term care Safeguard vulnerable populations, coordinate
 & Nursing facilities evacuation and medical support when required.
 Homes

 Business & Portland Regional Coordinate private sector resources, share
 Industry Chamber of Commerce; situational awareness, and support continuity
 Portland Downtown; local of economic activity.
 business associations

5.2 Hazard Specific and Functional Annexes

5.2.1 Introduction



 ft
The EOP is supported by Hazard Specific Annexes (HSAs), Functional Annexes, Standard
Operating Guidelines (SOGs), department-specific policies, and other operational documents
that provide detailed procedures for the management of specific incident types. These
documents are primarily intended for use by City staff and partner agencies during operations
and may contain sensitive or security-related information. Due to the confidential and




D
operational nature of these materials, HSAs, SOGs, and certain policies will not be made readily
available to the public. Publicly releasable summaries of hazard-specific strategies may be
developed for community awareness and engagement purposes.




 ra
5.2.2 List of Hazard Specific Annexes

The following Hazard-Specific Annexes provide targeted response guidance for identified threats
and hazards. Detailed operational procedures, sensitive information, and Standard Operating
Guidelines (SOGs) are maintained separately as noted in Section 5.2.1 to protect security and
confidentiality.


Hazard / Incident Annex Title Scope & Key Considerations

Pandemic / Public Annex A – Pandemic / Public Mass prophylaxis, vaccination, quarantine, continuity
Health Emergency Health Response of operations, coordination with CDC/State DHHS.




Emergency Operations Plan 2025​ ​ ​ ​ ​ ​ ​ ​ ​ Pg.85

 Page 108
Cyberattack / Annex B – Cybersecurity & IT Cyberattacks, failures in critical infrastructure
Infrastructure Failure Resilience systems, systematic failures, data integrity and
 availability, coordination with Maine IT, MEMA, CISA.



Aircraft Incident Annex C – Aviation Incident FAA/NTSB coordination, Jetport emergency plan
(Plane Crash / Aircraft Response integration, mutual aid fire/rescue, mass casualty
Down) management.



Extreme Weather Annex D – Extreme Weather Snow emergencies, road clearance, utility outages,
(Snow, Ice, Response warming centers, vulnerable populations.
Nor’easter)

Hurricane / Tropical Annex E – Hurricane & Coastal Evacuation zones, storm surge, coastal flooding,
Storm



Hazardous Materials
Release
 Storm Response



 ft
 Annex F – Hazardous Materials
 Response
 sheltering, debris management.



 HazMat team deployment, decontamination,
 evacuation, public safety messaging.




D
Flooding (Riverine /
Urban)




 ra
Terrorism / Active
Threat




Mass Casualty
Incident (General)
 Annex G – Flood Response




 Annex H – Terrorism / Active
 Shooter Response




 Annex I – Mass Casualty &
 Fatality Management
 Sandbagging, pumping operations, evacuation,
 coordination with Army Corps & PWD.



 Law enforcement coordination, unified command,
 triage, casualty management, FBI/State Police
 support.



 Medical surge, hospital coordination, fatality
 management, MEOC integration.



Emerging Hazard Annex J – [To be Determined] Placeholder for new or emerging risks (e.g., PFAS
(Reserved) contamination, energy grid failure).



5.2.3 List of Functional Annexes

Functional Annexes are the detailed, action-oriented sections of the EOP. This structure allows
for easy updates to specific functions without a complete overhaul of the entire plan and
ensures that responders can efficiently and effectively perform their assigned duties during an


Emergency Operations Plan 2025​ ​ ​ ​ ​ ​ ​ ​ ​ Pg.86

 Page 109
emergency. The following Functional Annexes provide targeted response guidance for essential
emergency management functions. Detailed operational procedures, sensitive information, and
Standard Operating Guidelines (SOGs) are maintained separately as noted in Section 5.2.1 to
protect security and confidentiality.


 Functional Area Annex Title Scope & Key Considerations

 Continuity of Annex 1 – Continuity of Succession of leadership, preservation of records,
 Government Government essential functions, relocation of government
 operations.


 Communications Annex 2 – Redundant systems, interoperability, backup
 Communications infrastructure, coordination with MaineIT, FCC




 Emergency Public
 Information &
 Warning
 Annex 3 – Public ft
 Information & Warning
 compliance.


 Alert & warning systems, Joint Information Center
 (JIC), social media coordination, rumor control.




DMass Care,
 Emergency




 ra
 Assistance, Housing
 & Human Services

 Resource
 Management

 Critical
 Infrastructure &
 Key Resources
 (CIKR) Restoration
 Annex 4 – Mass Care &
 Human Services




 Annex 5 – Resource
 Management

 Annex 6 – CIKR
 Restoration
 Sheltering, feeding, reunification, functional needs
 support, coordination with Red Cross & DHHS.




 Procurement, staging, mutual aid, asset tracking,
 emergency contracts.

 Protection & restoration of utilities, transportation,
 energy, water, and essential services.




 Damage Annex 7 – Damage Field surveys, structural inspections, coordination
 Assessment Assessment with MEMA & FEMA for disaster declarations.


 Firefighting Annex 8 – Firefighting Urban & wildland fire suppression, mutual aid,
 Operations resource staging, firefighter safety protocols.




Emergency Operations Plan 2025​ ​ ​ ​ ​ ​ ​ ​ ​ Pg.87

 Page 110
 Logistics Annex 9 – Logistics & Supply chain continuity, staging sites, PODs (Points
 Management & Resource Support of Distribution), private sector integration.
 Resource Support

 Search & Rescue Annex 10 – Search & Urban search & rescue (USAR), water rescue, K9
 Rescue deployment, Coast Guard coordination.


 Hazardous Material Annex 11 – Hazardous HazMat team deployment, decontamination,
 Response Materials Response evacuation, coordination with Maine DEP & EPA.


 Public Safety & Annex 12 – Public Safety Law enforcement, crowd control, site security,
 Security & Security unified command with State Police & FBI.


 Long-Term
 Community
 Recovery
 ft
 Annex 13 – Long-Term
 Recovery
 Housing recovery, infrastructure restoration, small
 business support, FEMA Recovery Support
 Functions.




DFinancial
 Management




 ra
 Mutual Aid /
 Multi-Jurisdictional
 Coordination


 Volunteer &
 Donations
 Management
 Annex 14 – Financial
 Management


 Annex 15 – Mutual Aid
 Coordination




 Annex 16 – Volunteer &
 Donations Management
 Disaster finance tracking, FEMA Public Assistance
 (PA), cost recovery, audits, reimbursement
 processes.

 EMAC agreements, regional coordination,
 interstate mutual aid, integrated response
 operations.


 VOAD coordination, donations warehousing,
 volunteer credentialing, convergence
 management.




Emergency Operations Plan 2025​ ​ ​ ​ ​ ​ ​ ​ ​ Pg.88

 Page 111
City of Portland | Corporation Counsel
Michael Goldman, Corporation Counsel



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




MEETING DATE
November 13, 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
During its October 2025 meeting, the Committee reviewed the current draft of the Civilian Police
Review Board ordinance (Attachment B) and provided feedback regarding which section(s)
require additional attention. The only section identified by the Committee as requiring additional
review was the qualifications/disqualifications for Board membership. The PCRS identified this as
an area of concern as well in their letter from July 2025. (Attachment C). In response to the
Committee’s request for information, Attachment A provides samples of qualifications from other
civilian oversight boards.

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.

PRIOR COMMITTEE REVIEW
Health and Human Services & Public Safety Committee - October 14, 2025 (Issue review)




 1

 Page 112
PREPARED BY

Rachel Millette
Associate Corporation Counsel
Corporation Counsel


ATTACHMENTS
Attachment A - Corporation Counsel Memo to the HHS-PS Committee (November 13, 2025)
Attachment B - Draft Changes to Chapter 2 of Portland City Code
Attachment C - Letter from Members of Police Citizen Review Subcommittee (July 9, 2025)




 2

 Page 113
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
Mary C. Christie, Associate Corporation Counsel




 MEMORANDUM

To: Health & Human Services & Public Safety Committee

From: Associate Corporation Counsel Rachel Millette

Date: November 13, 2025

Subject: Sample Membership Qualifications from Civilian Oversight
 Boards
______________________________________________________________________________
 During its October meeting, the Committee reviewed the current draft of
the Civilian Police Review Board ordinance (attached hereto) and provided
feedback regarding which section(s) require additional attention. The only
section identified by the Committee as requiring additional review was the
qualifications/disqualifications for Board membership. The PCRS identified this
as an area of concern as well in their letter from July 2025. (attached hereto) The
Committee requested that they be provided with samples of qualifications from
other civilian oversight boards.

 Boards across the country vary greatly, both in terms of their duties and
authority as well as their membership requirements. The only consistent
criteria among the Boards reviewed was a residency requirement. Many Boards
also expressed a preference for individuals representing a cross-section of the
community and included age restrictions.

 Below I have outlined some of the other broad types of
restrictions/qualifications that were present in various boards, as well as
sample language from the communities where these restrictions were present.
For each sample, I have indicated where the restriction comes from and what
type of oversight board (investigative, appellate, review, etc.). I prioritized in my

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 Page 114
research, to the extent possible, oversight boards in the Northeast and boards
with similar duties to the Civilian Police Review Board.

Criminal History Restrictions

 Some Boards indicate that they conduct background checks prior to
appointment, while others provide more explicit restrictions on Board
member’s criminal histories. A number of Boards specify that they conduct
background checks, but aren’t clear about what criminal history would
disqualify a member, including: Anaheim, CA (review); Berkeley, CA (review);
and Portland, OR (appellate).

 Columbia, MO (appellate) conducts a criminal history check and precludes
those with a “serious” criminal record. More specific restrictions with respect
to criminal history include:

 ● No felony convictions within the past ten years (Corvallis, OR - appellate)

 ● No conviction of a felony or a misdemeanor, excluding summary offenses
 (Pittsburgh, PA - investigative)

 ● No convictions of a felony against a police officer or any member of law
 enforcement, no convictions of a violent crime, no incarceration in the
 past five years, and no probation or parole in the past five years
 (Schenectady, NY - review)

 ● No crimes involving dishonesty or mural turpitude in the past seven years
 (Spokane, WA - review)

Conversely, Hartford, CT (investigative) requires that at least 1 member have
previously been involved with the criminal justice system as a defendant.

Employee Restrictions

 Many Boards prohibit current employees from serving, but permit former
city employees from participating, including: Columbia, MO (appellate);
Pittsfield, MA (review); and Schenectady, NY (review). In addition to city
employees, Berkeley, CA (review) also includes restrictions on officers and
contractors, and Pittsburgh, PA (investigative) restricts employees of the City’s
authorities.

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 Page 115
Other boards prohibit both current and former employees from serving for a
certain period of time:

  ● Two year period after employment, including immediate family
 (Cambridge, MA - investigative)

  ● Outright prohibition on all current or former City employees, and no
 immediate family of current City employees (Spokane, WA - review)

A few communities have more nuanced restrictions on employees’ participation
based on the type of employment.

  ● No current or former employees of the City for a period of five years after
 their employment; though a super-majority of the City Council may
 approve the appointment of a current or former temporary employee who
 received less than seven pay checks in any year from the City (Ann Arbor,
 MI - review/investigatory)

  ● No current employees unless they are hourly employees who are not
 entitled to benefits and have been authorized by the City Manager (Fort
 Collins, CO - review)

Law Enforcement Restrictions

 Some communities include additional restrictions on law enforcement
officials, both those who work for the community itself and those from other
law enforcement agencies. Examples of law enforcement specific restrictions
are included below.

  ● No current sworn police officers from any agency or representatives of an
 employee association representing sworn police officers (Berkeley, CA -
 review)

  ● No current, former, or retired officer of the City police department or any
 other law enforcement agency, and no immediate family members of an
 officer of the City police department (Hartford, CT - investigative)

  ● No current City law enforcement employees or their immediate family
 members (Pittsfield, MA - review)



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  ● No current law enforcement officers or members of their immediate
 family (Providence, RI - investigative; Syracuse, NY - investigative)

  ● No current or previous employees of the City police department, or their
 family members (Rochester, NY - investigative)

  ● No affiliation with any law enforcement agency (Washington, D.C. -
 review)

In contrast, some communities encourage law enforcement experience, as
outlined below:

  ● Desirable quality to have familiarity with police procedures (Berkeley, CA
 - review)

  ● Preference for those with past experience and knowledge of law
 enforcement (Boston, MA - review)

  ● At least one member must have law enforcement experience (Pittsfield,
 MA - review)

  ● Law enforcement experience is considered as a factor for appointment,
 but only if the individual has left law enforcement for at least two years
 prior to their appointment (Spokane, WA - review)

Other communities do not restrict those with law enforcement experience from
participating, but limit the number of individuals on the board who may have
such experience.

  ● No more than one member can be former law enforcement with an agency
 other than the City’s police department or have an immediate family
 member formerly employed by law enforcement agency, and former
 employment must have been at least three years ago (Rochester, NY -
 investigative)

  ● No more than two members may be former members of the City’s police
 department and must have left employment for at least two years
 (Springfield, MA - disciplinary)




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Elected Official Restrictions

 Many boards restrict elected and appointed officials from eligibility for
membership, with variations as outlined below:

 ● No City officials (Cambridge, MA - investigative)

 ● No elected public office holders or candidates for elected public office
 (Columbia, MO - appellate)

 ● No elected City officials (Ithaca, NY - disciplinary)

 ● No one holding an elective office (Pittsburgh, PA - investigative;
 Providence, RI - investigative; Schenectady, NY - review)

 ● No current or former City elected official for a period of three years after
 leaving office and no immediate family of incumbent elected official
 representing any district or municipality in NY for a period of three years
 after they have left office (Rochester, NY - investigative)

 ● No immediate family of any incumbent elected official of the City nor any
 financial ties with any incumbent elected official of the City (Syracuse, NY
 - investigative)

Other Restrictions

 A variety of other board member restrictions were also present in the
communities reviewed. For example, a number of boards did not permit
individuals who had been involved in certain types of litigation from serving:

 ● Cannot be a part to any pending litigation against the City (Columbia, MO
 - appellate)

 ● No practicing attorney or their immediate family who represents or has
 represented a plaintiff or defendant in a police misconduct lawsuit
 initiated against the City’s police department, police chief, etc.
 (Rochester, NY - investigative)

 ● No practicing attorney or member of their firm or the immediate family
 thereof who represents a plaintiff or defendant in the police misconduct
 lawsuit against the City police department, police chief, or the police

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 union; no plaintiff or any family member of a plaintiff in such a case
 (Syracuse, NY - investigative)

Other restrictions included:

 ● No two members shall be related (Schenectady, NY - review)

 ● No financial ties with members of the City’s police department (Syracuse,
 NY - investigative)

Preferences & Methods of Appointment

 In addition to outright restrictions, many communities included
preferences and factors for consideration with respect to the desired
characteristics of the board members. Some of these included intangible
attributes, as outlined below:

 ● Commitment to community service (Berkeley, CA - review; Portland, OR
 - appellate; Schenectady, NY - review; Spokane, WA - review)

 ● Fair minded and objective; able to establish a reputation for even-
 handedness in dealing with both complainants and the regulated parties;
 or other similar language (Berkeley, CA - review; Pittsburgh, PA -
 investigative; Portland, OR - appellate; Spokane, WA - review)

 ● Commitment to operation of the board and/or having sufficient time to
 serve (Fort Collins, CO - review; Pittsburgh, PA - investigative; Springfield,
 MA - disciplinary)

 ● Ability to build working relationships and communicate effectively with
 diverse groups (Spokane, WA - review)

 Some communities sought board members with particular professional
and/or personal experiences and expertise. For example:

 ● Familiarity with human resources, law, police procedures, police
 oversight, or involvement in civil rights or community organizations
 (Berkeley, CA - review)




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 ● Preference for licensed attorneys with experience in civil rights advocacy,
 youth advocacy, and those with past experience and knowledge of law
 enforcement (Boston, MA - review)

 ○ Chair must have knowledge and expertise relevant to police reform
 or accountability and knowledge of how demographic groups are
 impacted by use of force and field investigation

 ● Specially fitted by education, training or experience to perform the duties
 of a member of the board (Springfield, MA - disciplinary)

 ● Factors considered include education, professional and/or personal
 experience including but not limited to judicial, legal, investigative,
 mental health and law enforcement experiences (Spokane, WA - review)

Some communities sought board members through the recommendation or
appointment by third-party groups.

 ● One member appointed by commission on human rights (Columbia, MO -
 appellate; Hartford, CT - investigative)

 ● One member from each of the following: human rights commission,
 NAACP, local faith communities, youth community, immigrant
 community (Pittsfield, MA - review)

 ● Nine members appointed from recommendations made by community
 organizations, including NAACP, human rights commission, united
 neighborhoods, chamber of commerce, inner city ministry, league of
 women voters, municipal housing authority, and city council
 (Schenectady, NY - review)

These examples represent just a fraction of the wide-variety of board member
qualifications that exist across civilian oversight groups. I hope that this memo
is helpful in guiding the discussion during the Committee meeting and assist in
the decision-making process for what criteria should apply to the members of
the new Civilian Police Review Board.

Please do not hesitate to reach out to me if you have any questions or if I can
provide any further information on this topic.


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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

* * *




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 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.

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(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

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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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 *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.
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 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]




 Page 162
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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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

* * *




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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.

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City of Portland Administration
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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

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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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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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 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.
 2-6
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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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Health & Human Services and Public Safety Committee

 November 13, 2025, 5:30 PM Remote Meeting

Committee Attendance:
Anna Bullett, Chair (District 4), Sarah Michniewicz (District 1), April Fournier (At-Large)
Wesley Pelletier (District 2).
Councilor Attendance:
Invited Panelists: Tess Parks, Policy Director with Maine Recovery Action Project (ME-RAP);
Sean Donaghue, Division Fire Chief; Alane O Connor, MaineMOM Clinical Lead; Ben Strick,
Director of Adult Behavioral Health of Spurwink.
City Staff:
Adam Harr, Executive Assistant; Greg Jordan, Assistant City Manager; Chad Johnston, Fire
Chief; Caity Hager, Emergency Management Coordinator; Rachel Millet, Associate Corporation
Counsel; Michael Goldman, Corporation Counsel; Maggie McLoughlin, Director or HHS; Mark
Dubois, Police Caity Hager, Emergency Management Coordinator.

1. Announcements
 • None.
2. Review and Approval of Minutes from October 14, 2025
 • Councilor Pelletier Moved to approve the minutes and seconded by Councilor Michniewicz.
 The minutes were approved unanimously 4-0.

3. Opioid Settlement Funds (OSF) Dayspace Update (Maggie McLoughlin, HHS Director)
 • Seasonal half-day space at St. Vincent DePaul.
 • Starts at 6:00 AM on the mornings after the Overnight Warming Shelter is activated.
Committee questions and discussion.
 • Councilor Michniewicz asked if it will have an MOU.
 o Yes, a signed agreement is in process and include the Opioid Settlement Funds allocated
 to day space.
 o Will there be outreach to abutters?
  Yes
 • Councilor Bullett thanked Director McLoughlin who thanked St Vincent DePaul.

4. Opioid Settlement Funds (OSF) New Allocations (Councilor Anna Bullett, Chair)

 • Providers identified gaps in the continuum of care through the Opioid Settlement Funds rfp
 process.
 • Community Paramedicine
 o Mobile Medical Outreach started in 2017 as a joint taskforce among Fire and HHS.
 o Worked with EMS
 o Pilot was patient initiated but transitioning into community paramedicine requires a
 physician referral.
 o Referrals go in both direction between MMO and MOM.
 o MOM serves pregnant and post partem people with addiction.
  Takes care of a number of unsheltered pregnant patients.
  MMO is eyes and ears to fund and follow up with people.
 • Able to check blood pressure and adjust medicine as blood pressure can
 be dangerously high.
 • Find people to talk about diagnoses patients may not be aware of and
 need immediate treatment.
  Trying to track cost avoidance.
 • Catastrophic outcomes for the mom, baby, and community.
 • City services and phycological trauma avoided.
  Can dispense medication.
 • Able to suppress viral load so HIV isn’t transmitted to babies.
 o Could lead to a reimbursement model for sustainability.
 • Cessation Management (CM)
 o Increase in stimulant use in the greater Portland and Maine community.
 o Uses an incentive to mark a target behavior; loads money on a debit card when someone
 tests negative for a substance, stimulants.
 o Spurwink has a small grant has served 100 people.
  Completion rate is 53%, up from 0%.
  Show rate to appointments 83%
  Negative urinalysis was 92%
 o Most successful treatment for stimulant use yet seen and helps people change mindsets.
 • ME-RAP looks at the spending patterns of OSF fund recipients.
 o These proposals are putting funds to providers working directly with patients.
 o Thanked Portland for its public health lens on this issue.
 o Providing support to get people housed is critical to addressing substance use/behavioral
 health.
 o Low barrier grants are encouraged for new projects to get off the ground.

Public comment opened at 5:59 PM
 • Annika Moore, Advocacy Team Leader of Preble Street to speak in favor of using the OSF funds
 to HOPE, Syringe Redemption Program, and the Half Day Space. Moving into housing is a
 critical first step for unhoused people. It its first year of 4, HOPE’s 4 outreach workers secured
 housing for 42 people.
 • Deb Rothenberg, Family Dr and Director of Preble Street learning collaborative. Connect is their
 mobile health van run by a psychiatric practitioner. Reaches unsheltered patients in a wide range
 of settings and collaborate with MMO. The half day shelter will make a world of difference and
 Connect supports each recommendation.
Public comment closed at 6:04 PM

Committee questions and discussion
 • Councilor Fournier asked if there needs to be an amendment; for what’s been presented, is there a
 dollar amount and do we need to rank or change?
 o There are rough buckets except for the flexible funding for partners
  Would have funding for 2 years of the existing funds
 • Flexible grants would significantly change this.
  Councilor Fournier supports MOM, CM, and HOPE.
 • Flexible grant is lowest due to back end regranting issues.
 • Councilor Pelletier is most interested in CM, despite initial skepticism.
 o If it is working it is incredible cost effective.
 o Supports the initiatives.
 • Councilor Michniewicz is excited for CM and seeing the clear line of success addressing a gap in
 a lack of response to stimulant use.
 o Less inclined for flexible funding due to structural back end.
 o Supports HOPE.
  How would funding affect the program between housing retention and new
 housing placements?
 • Support two retention specialists and one housing navigator.
 o These retention specialists will take the work load of retention
 work that is currently supplanting the housing work the current
 housing counselors are doing.
 o Supports the day space.
 • Councilor Bullett likes the idea of flexible funding for local partners but does not see it as worth
 it for this bucket.
 o The county CDBG process is starting soon so there are resources for local nonprofits.
 • Motion that the committee recommends amend Order 62-24/25 to allocate funds for the purposes
 of syringe redemption, day space, housing support to unsheltered individuals, community
 paramedicine substance use support and contingency management not to exceed $14 million.
 • Councilor Fournier moved MOTION and Councilor Pelletier seconded. The motion passed
 unanimously 4 – 0.

Emergency Operations Plan (Emergency Management Coordinator, Caity Hager)

 • Two items for final review
 o Revised ordinance language
  Section 2047n termination of an emergency (Time after the City Manager
 declares an emergency that the City Council must vote to renew)
 • Seven days
 o Updated Emergency Operations Plan.
  Spoke with partners based on feedback at last meeting.
  Small changes based on partner feedback.
  Director of Cumberland County Emergency Management did a thorough review.
  This is a base plan with hazard specific annexes developed over the next year
 which are listed at the end of the base plan.
  Will exercise it in late spring.
 • Community engagement around emergency planning
 o Survey and idea board are open until November 30, 2025.
 o Paper copies brought to Age Friendly Emergency Preparedness summit.
 o 130 responses to survey.
 o Shared with faith and community leaders and asked how best to engage with them
  Invited to 4 neighborhoods meetings and will start meeting with them in the new
 year.
 • Councilor Michniewicz heard from neighborhood groups and likes this engagement. She asked
 what the renewal timeline other municipalities set for the emergency timeline?
 o Most either do not specify or choose 7 days.
 o Some language changes in the start do not carry completely through the last two sections;
 is this lack of consistency an oversight or intentional?
  Will double check with corporation counsel.



Public comment opened at 6:23 PM and closed at 6:24 PM

Committee questions and discussion

 • Councilor Michniewicz moved to move this forward to the full council and Councilor Pelletier
 seconded. The motion passed unanimously 4 – 0.

Police Citizen Review Board Discussion (Rachel Millette, Associate Corporation Counsel)
 • AT the last meeting, the Committee asked for examples of different qualifications.
 o The board member qualifications and disqualifications are described in the attached
 memo but there are not many consistencies across them.
 • The goal tonight is to amend the existing ordinance if necessary and pass to the council for
 ratification.
 • Councilor Pelletier proposed an amendment:
 o Sec. 2-78.2 Any present or former member of the City Council or School Board, who
 held that position in the previous five one-year period;
  A current member would be disqualified without this change.
 o Sec. 2-78.4 b. The applicant 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. 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) two
 (2) years;
 
 o Section 2-83 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.
 
Public comment opened at 6:33
 • Randy represents his own opinions but is a member of the BCRB. If the ordinance is
 approved currently it would go against other standards and the recommendations of the racial
 equity committee; the amendments are a good direction but should go further. Step 1 and 2
 match up well but the 2-78 number 4 restrictions could change part a to any current member
 of the police department or family member of a current PD member. Part b could be reduced
 to applicant that has been convicted of a felony in past 5 years of family member that have
 been convicted of a felony on the past one year. 478 part c should be removed completely. It
 is unreasonably discriminatory towards applicants. Part d pending litigation has potential
 bias. Overall encouraged the ordinance get revised before approved.
 • Joey Brunelle is a member of the board and sent a letter and would like the chair and vice
 chair as non-voting members should be removed and the disqualifications needs change as
 the most senior member of the current board would be disqualified. In his personal capacity,
 he said because these basic issues are not yet solved, we can’t get to the substantive elements
 of the board after 2 years.
Public comment closed at 6:39PM

Committee questions and discussion.

 • Councilor Michniewicz thinks 10 years is a long time to disqualify.
 o Rationale of 5 years is to have confidence in the board. Trying to avoid the revolving
 door where one might carry over a position of powers influence onto the board.
 o Employees are included in Councilor Pelletier’s amendment.
 o As ordinance stands shouldn’t be carved out for a specific individual and does not
 support going down to one year.
 o We don’t have enough people applying or diversity on our committees. People who
 know how to have access get a dipropionate amount of sway can impede new
 participation; it is not our responsibility to further an individual’s civic ambition.
 • Councilor Fournier wants to assume the best intent and a system in place for oversight.
 o It takes a lot to serve in these positions and people tend to serve their communities after
 employment or public office.
 • Councilor Bullett said all applicants would go through legislative and nominating.
 • Each piece of Councilor Pelletier’s amendment was divided into sperate motion to reach
 substantive change.
 • Councilor Michniewicz appreciates the vote on the changes to express their thoughts
 • Councilor Pelletier moved to make changes to section 2781 and 2782 to change the timeline
 from five years to one year for former City officials and staff. Councilor Michniewicz voted no,
 motion passed 3-1.
 • Councilor Pelletier moved to strikes applicant arrest section in 478b and update lettering. Motion
 passes unanimously 4 – 0.
 • Councilor Pelletier moved to reduce the amount of time an applicant or member of family has
 filed a complaint from 10 years to 2 years. The motion passed unanimously 4 – 0.
 • Councilor Pelletier moved to strike the second sentence so non-voting members of the board.
 The motion passed unanimously 4 – 0.
 • Councilor Bullett moved to pass the ordinance as amended and Councilor Fournier seconded.
 The motion passed 3 – 1 with Councilor Michniewicz voting no.


Next meeting is January 13, 2026.
 • Chair Bullett thanked staff and everyone who worked on this committee.

Councilor Fournier moved to adjourn, and was seconded by Councilor Pelletier. The motion passed
unanimously 4-0 and the meeting adjourned at 6:59 PM.