Portland council debates civilian police review board ordinance, raises questions about union bargaining and eligibility rules

Portland officials discussed a draft ordinance to implement a voter-approved civilian police review board at a public workshop, with council members, corporation counsel and associate counsel, and the police chief examining questions about eligibility rules, training, and whether portions of the ordinance must be negotiated with police unions.

The draft implements a charter amendment approved by Portland voters in November 2022 to add a civilian police review board to the city charter. Attorney Rachel Millett, associate corporation counsel, told the council the ordinance has been through multiple public workshops and negotiations with the city’s police unions and that the current draft reflects council direction to date.

Why it matters: Councilors said the board’s structure and eligibility rules—particularly a proposed waiting period before former city or school employees can serve—will shape public trust, access and representation for communities affected by policing. Councilors also pressed corporation counsel about whether specific provisions could trigger mandatory collective bargaining with unions, potentially delaying implementation.

Millett summarized the ordinance’s history and process, noting, “Pursuant to that charter amendment, the city council is tasked with drafting and approving an ordinance that would create this new civilian police review board.” She said the draft incorporated prior council feedback and that the Police Citizen Review Subcommittee (PCRS) had submitted a July letter with recommendations that had not been incorporated into the current draft.

Several councilors said they were frustrated the draft ordinance had been negotiated with police unions before the council had voted on a final ordinance. Councilor Kate Sykes (District 5) said the council is “writing a law that is about civilian oversight of police, and it is absolutely inappropriate for us to negotiate the terms of that law with the police before writing the law,” and said she will bring amendments when the item reaches council.

Multiple councilors urged a public, committee-based process to broaden stakeholder input. Councilor April Fournier (at-large) and others advocated returning the draft to the Health & Human Services (HHS) committee for a panel-style discussion that would include current PCRS members, police department representatives and community stakeholders.

Corporation counsel and associate counsel explained the legal limits created by collective bargaining. Associate corporation counsel Rachel Millett cautioned the council about conflict with labor law: “We can't make an end run around the collective bargaining process ... You couldn't set wages by an ordinance for union members.” She said the city treats unclear items conservatively and negotiates where provisions touch wages, hours, or working conditions.

Councilors asked counsel for clearer guidance about which draft provisions the city believes implicate mandatory subjects of bargaining. Councilor Ben Grant (at-large) specifically requested a memo identifying the provisions counsel believes could trigger bargaining obligations; Millett agreed to prepare that analysis.

Elections and eligibility were a recurring concern. The draft currently requires a waiting period after city or school employment before a person may serve on the civilian review board; counsel said the waiting period in the draft is five years. Several councilors, including Councilor Ali and Councilor Regina Phillips (District 3), urged reducing that waiting period to one year or otherwise reconsidering the restriction for former city or school employees.

Police department officials described operational context and data they said are relevant to oversight. The police chief (name not specified in the workshop record) told councilors the department maintains a large archive of video evidence and oversight history: “we have over 150,000 individual videos between body cameras and cruiser cameras,” and that recent external reviews—CliftonLarsonAllen (2021) and a Cutler Institute study (2023)—did not find systemic bias in their analyses. The chief also said PCRS meeting viewership has been low and that the department averages roughly one complaint per month over the last 23 years.

Several councilors raised program design items PCRS recommended but said were not included in the draft. Councilor Sykes and others called for (1) active community recruitment for board membership via community organizations, (2) a neutral intake pathway for complaints, (3) nationally recognized oversight training for board members, and (4) a clarified appeals process.

Process steps requested: Millett said she can update the draft ordinance to reflect amendments that a council majority agrees upon and schedule another workshop. Councilor Grant asked for a memo identifying draft provisions likely to implicate mandatory bargaining topics; Millett agreed to prepare that memo. Several councilors indicated preference to send the ordinance to the HHS committee for further public discussion; Councilor Bullitt/Bullock (recorded spelling varies) signaled willingness to schedule the item.

Formal actions recorded at the start and end of the meeting were procedural. The council voted unanimously to convene an executive session under Maine statutory language cited in the agenda (MRSA section 405(6)(D)) to discuss collective bargaining negotiations with several unions. At the workshop’s close the council unanimously moved and seconded to adjourn.

The council did not adopt a final ordinance at the workshop. Councilors asked staff for amendments, a legal memo on bargaining risks and additional stakeholder engagement before a final council vote.

Looking ahead: City attorneys will prepare a memo identifying provisions that counsel believes implicate collective bargaining, and the council indicated it will pursue additional committee-level public discussion (HHS) and circulation of proposed amendments before returning the draft for final council action.