2023 Oregon Revised Statutes › Volume : 06 - Local Government, Public Employees, Elections › Chapter 243 - Public Employee Rights and Benefits › Section 243.812 - Commission on Statewide Law Enforcement Standards of Conduct and Discipline; duties; members; establishment of standards; open hearings; reporting; rules.

(1) The Commission on Statewide Law Enforcement Standards of Conduct and Discipline is established for the purpose of adopting rules that prescribe uniform:
(a) Standards of conduct, including guidelines and procedures, to which law enforcement officers shall adhere; and
(b) Disciplinary standards and procedures, including a range of disciplinary actions that may include consideration of aggravating or mitigating circumstances, by which a law enforcement agency, a civilian or community oversight board, agency or review body, and an arbitrator who serves in an arbitration proceeding described under ORS 243.706 (3) shall make determinations regarding alleged misconduct by a law enforcement officer, and shall make recommendations for and impose disciplinary action in response to such determinations.
(2) The commission consists of 15 members as follows:
(a) The Director of the Department of Public Safety Standards and Training or a designee from the department.
(b) The Attorney General or a designee from the Attorney General’s office.
(c) The President of the Senate shall appoint one nonvoting member, acting in an advisory capacity only, from among members of the Senate.
(d) The Speaker of the House of Representatives shall appoint one nonvoting member, acting in an advisory capacity only, from among members of the House of Representatives.
(e) The Attorney General shall appoint 11 members of the commission consistent with the following:
(A) Two members who are chief law enforcement officers.
(B) Two members who represent labor organizations who represent law enforcement officers.
(C) Two members who represent historically marginalized groups or community-based organizations that represent communities impacted by policing.
(D) One member who represents a federally recognized Indian tribe or association of tribes within this state.
(E) Two members who are representatives of local government to represent the interests of cities and counties.
(F) One member who represents public defender organizations established under ORS chapter 151 or the Oregon Criminal Defense Lawyers Association.
(G) One member who represents the interests of prosecutors in this state.
(3) At a minimum, the uniform standards described under subsection (1) of this section must address standards of conduct and discipline regarding:
(a) Unjustified or excessive use of physical or deadly force;
(b) Sexual harassment;
(c) Sexual assault;
(d) Assault;
(e) Conduct that is motivated by or based on a real or perceived factor of an individual’s race, ethnicity, national origin, sex, gender identity, sexual orientation, religion or homelessness;
(f) Moral character; and
(g) The use of drugs or alcohol while on duty.
(4) The commission shall review the standards described under subsection (1) of this section at least once every two years.
(5) The meetings of the commission shall be open to the public in accordance with state law. Records of the commission shall be open and available to the public in accordance with state law.
(6) The commission shall establish and implement an open hearing process for public input and deliberation before the commission adopts rules that establish the standards described under subsection (1) of this section, including:
(a) Public notice pursuant to ORS chapter 183;
(b) Public outreach to solicit broad public participation; and
(c) Public hearings to receive public comment.
(7) A majority of the voting members of the commission constitutes a quorum for the transaction of business.
(8) Official action by the commission requires the approval of a majority of the voting members of the commission.
(9) The term of a member appointed under subsection (2)(e) of this section shall be two years. If there is a vacancy on the commission for any reason, the Attorney General shall appoint a person to the unexpired term.
(10) The Attorney General or a designee from the Attorney General’s office shall serve as the chairperson of the commission who shall preside over meetings and execute the duties determined by the commission to be necessary.
(11) The commission may hire an executive director and support staff, and may enter into an interagency or intergovernmental agreement to have another state agency or governmental agency provide support staff.
(12) The commission may adopt rules necessary for the operation of the commission.
(13) A member of the commission who is not a member of the Legislative Assembly is entitled to compensation and expenses as provided in ORS 292.495.
(14) The commission shall prepare and submit an annual report in the manner provided by ORS 192.245 to the House Committee on Judiciary or an interim committee of the Legislative Assembly related to the judiciary no later than September 1 of each year. The commission shall include in its annual report information regarding the progress of each law enforcement agency and civilian or community oversight board, agency or review body, towards implementing and applying the uniform standards and the commission’s recommendations on updates to the standards, as are considered necessary.
(15) As used in this section:
(a) "Assault" has the meaning given that term in ORS 163.115.
(b) "Civilian or community oversight board, agency or review body" means a board, an agency or a body:
(A) Designated by a municipality or a law enforcement agency in performing duties related to investigating allegations of officer misconduct or reviewing police policies and practices; or
(B) Created to oversee disciplinary matters concerning law enforcement officers pursuant to a city charter or ordinance for which a measure that included the question of whether to establish the board, agency or body was referred to and approved by the people of the city at an election held on or after July 1, 2020.
(c) "Law enforcement agency" means an entity that employs law enforcement officers.
(d) "Law enforcement officer" means corrections officers, parole and probation officers, police officers, certified reserve officers and reserve officers, as those terms are defined in ORS 181A.355.
(e) "Sexual assault" has the meaning given that term in ORS 243.317. [2021 c.541 §4; 2022 c.40 §1; 2023 c.191 §1]
Note:
243.812 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 243 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.