Instead of obeying an arbitrator that consistently rules against the city in police misconduct cases the Mayor has taken the bold step of denying reinstatement of Ronald Frashour. The city has already paid the Aaron Campbell family over a million dollars for their loss at the hands of Ronald Frashour.
Portland Mayor Sam Adams announced Thursday he will not honor a state arbitrator's ruling ordering the city to reinstate Ronald Frashour as a city police officer.
It marks the first time the city has blatantly ignored an arbitrator's ruling on Portland police discipline.
"It's time to stand up for our own procedures and policies," Adams said. "My view is informed by almost two decades of experience losing arbitration after arbitration after arbitration."
The police union argues that arbitrators' decisions are "final and binding," and is likely to file an unfair labor practice complaint, setting up a hearing before the state Employment Relations Board.
The Mayor does not want a police officer on his force that shoots unarmed citizens. Not only is it wrong to shoot people these acts cost the city millions of dollars in damages.
Frashour was fired by Chief Mike Reese and Adams Nov. 16, 2010, after he shot and killed Aaron Campbell, 25, at the Sandy Terrace Apartments on Northeast Sandy Boulevard. Campbell was unarmed.
The Mayors and City Attorney statements are over the fleur de Kos.
As Police Commissioner, I have deep respect for the often dangerous and difficult work of the men and women of the Portland Police Bureau. I have been quick to praise the Bureau’s great work, even in the face of criticism. I have backed that praise with tangible support: I prevented deeper budget cuts than those faced by other City Bureaus, implemented new legal enforcement tools to keep illegal guns off our streets and approved a new training facility.
As Police Commissioner, I am also responsible for holding accountable those who fail to follow Bureau policies; one such policy is Portland’s procedures for the acceptable use of deadly force. Our standards for the allowed use of deadly force are more restrictive than national standards and the local standards of other police departments. Our policy and training requires Portland Police Officers to use restraint when we receive a call to check on a person’s well being, as was the case with Aaron Campbell. I believe Frashour violated our policy and training protocols regarding allowed use of deadly force.
The City Attorney has determined under Oregon law 243.706(1) that the “City has sufficient legal grounds to challenge the reinstatement of Office Frashour.”
The City Attorney states, “This portion of the statute was adopted by the Oregon Legislature to limit the discretion of arbitrators and broaden the view of arbitrators decisions by the Employment Relations Board. [The Frashour] case is the type of case the statute was intended to address.”
Based on the City Attorney’s opinion, I will not implement the Arbitrator’s decision. If the Portland Police Association challenges my action, I will request that the ERB expedite their decision-making process on this matter.
I consulted with the City Attorney, outside counsel and the Police Chief extensively on this matter. I also listened to Officer Frashour’s union representative’s extensive statements and spoke with Campbell’s family briefly. Their collective input was invaluable as I made this decision, and I thank them for sharing their thoughts.
Sincerely,
Sam Adams
Portland Mayor
Memo from the City Attorney:
INTEROFFICE MEMORANDUM
TO: Mayor Sam Adams
FROM: James H. Van Dyke
City Attorney
SUBJECT: Frashour Arbitration
After research and consultation with outside counsel, I have concluded the City has
sufficient legal grounds to challenge the reinstatement of Officer Frashour. If the City
refuses to reinstate the officer, I anticipate the Portland Police Association will file an unfair labor practice complaint against the City with the Employment Relations Board.
My conclusion is based on ORS 243.706(1), which provides, in part:
“As a condition of enforceability, any arbitration award that
orders the reinstatement of a public employee or otherwise
relieves the public employee of responsibility for misconduct
shall comply with public policy requirements as clearly defined
in statutes or judicial decisions including but not limited to
policies respecting sexual harassment or sexual misconduct,
unjustified and egregious use of physical or deadly force and
serious criminal misconduct, related to work. * * *.”
This portion of the statute was adopted by the Oregon Legislature to limit the discretion of arbitrators and broaden review of arbitrators’ decisions by the Employment Relations Board.
This is the type of case the statute was intended to address. Therefore, the City may seek a determination that the award is not enforceable.