Chapter 770 Oregon Laws 2003

AN ACT

HB 2237

Relating to public safety; creating new provisions; and amending ORS 181.635, 181.657 and 181.662 and section 6, chapter 734, Oregon Laws 2001.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 2003 Act is added to and made a part of ORS 181.610 to 181.712.

SECTION 2. (1) The Board on Public Safety Standards and Training and the Department of Public Safety Standards and Training may not disclose a photograph of a public safety officer without the written consent of the public safety officer or the public safety officer’s employer. This subsection does not apply to the use by the board or department of a photograph of a public safety officer.

(2) A public safety agency shall provide the department with access to personnel records of an employee or former employee of the public safety agency if:

(a) The department requests access to the records;

(b) The department is conducting an investigation under ORS 181.662 relating to the employee or former employee’s qualifications for employment, training or certification as a public safety officer; and

(c) The records are related to the issue being investigated.

(3) A public safety agency that discloses information under subsection (2) of this section is presumed to be acting in good faith and, unless lack of good faith is shown by a preponderance of the evidence, is immune from civil liability from the disclosure or its consequences. For purposes of this subsection, the presumption of good faith is rebutted upon a showing that the public safety agency disclosed the information knowing that the information was false or deliberately misleading or disclosed the information with malicious purpose.

SECTION 3. ORS 181.662 is amended to read:

181.662. (1) The Department of Public Safety Standards and Training may deny or revoke the certification of any instructor or public safety officer, except a youth correction officer or fire service professional, after written notice and hearing consistent with the provisions of ORS 181.661, based upon a finding that:

(a) The public safety officer or instructor falsified any information submitted on the application for certification or on any documents submitted to the Board on Public Safety Standards and Training or the department.

(b) The public safety officer or instructor has been convicted of a crime in this state or any other jurisdiction.

(c) The public safety officer or instructor does not meet the applicable minimum standards, minimum training or the terms and conditions established under ORS 181.640 (1)(a) to (d).

(2) The department may deny or revoke the certification of any fire service professional after written notice and hearing consistent with the provisions of ORS 181.661, based upon a finding that:

(a) The fire service professional falsified any information submitted on the application for certification or on any documents submitted to the board or the department; or

(b) The fire service professional has been discharged for cause from employment in the fire service.

(3) The department shall deny or revoke the certification of any public safety officer or instructor, except a youth correction officer or fire service professional, after written notice and hearing consistent with the provisions of ORS 181.661, based upon a finding that the public safety officer or instructor has been discharged for cause from employment as a public safety officer.

(4) The department, in consultation with the board, shall adopt rules specifying those crimes for which a conviction requires the denial or revocation of the certification of a public safety officer or instructor.

(5) Notwithstanding the lapse, suspension, revocation or surrender of the certification of a public safety officer or instructor, the department may:

(a) Proceed with any investigation of, or any action or disciplinary proceedings against, the public safety officer or instructor; or

(b) Revise or render void an order suspending or revoking the certification.

[(5)] (6) The department shall deny or revoke the accreditation of a training or educational program or any course, subject, facility or instruction thereof if the program, course, subject, facility or instruction is not in compliance with rules adopted or conditions prescribed under ORS 181.640 (1)(g) or 181.650 (3).

SECTION 4. Section 6, chapter 734, Oregon Laws 2001, is amended to read:

Sec. 6. [Section 4 of this 2001 Act] (1) ORS 181.657 and the amendments to ORS 181.665 by section 5, chapter 734, Oregon Laws 2001, [of this 2001 Act] become operative on [July 1, 2004] the earlier of the following dates:

(a) The date on which the Police Policy Committee established under ORS 181.637 certifies to the Governor that the training academy for which the acquisition of real property is authorized by ORS 181.636 is completed; or

(b) January 1, 2007.

(2) Notwithstanding subsection (1) of this section, a public safety personnel training program that, prior to the earlier of the dates set out in subsection (1) of this section, was accredited as equivalent to the minimum training required for basic certification as a police officer under ORS 181.665 continues to be so accredited after that date until the completion of all training programs that began prior to that date.

SECTION 5. The Police Policy Committee established under ORS 181.637 shall determine when the training academy for which acquisition of real property is authorized by ORS 181.636 is completed. When the committee has made that determination, the committee shall certify its findings to the Governor.

SECTION 6. ORS 181.657 is amended to read:

181.657. (1) Notwithstanding ORS 181.640 (1)(g) and 181.650 (3), the Department of Public Safety Standards and Training may not accredit any public safety personnel training program provided by a public safety agency or any educational program as equivalent to the minimum training required for basic certification as a police officer under ORS 181.665.

(2) Subsection (1) of this section does not apply to [the] Department of State Police training programs or the Oregon Police Corps training program.

(3) As used in this section, “Oregon Police Corps training program” means the residential, basic law enforcement training program that is required of Oregon participants in the scholarship program administered by the United States Department of Justice that is designed to address violent crime by helping state and local law enforcement agencies increase the number of officers with advanced education and training assigned to community patrol.

SECTION 7. Section 8 of this 2003 Act is added to and made a part of ORS 181.610 to 181.712.

SECTION 8. (1) The Legislative Assembly finds that:

(a) Providing high quality training for public safety personnel enhances the quality of public safety services provided to communities, contributes significantly to the safety of public safety officers and reduces state, local and individual liability;

(b) Basic training for public safety personnel provides a consistent foundation of best practices knowledge and skills necessary for public safety officers throughout the state;

(c) Advanced, leadership and continuing training preserve and build on the knowledge and skills acquired during basic training, ensuring that communities continue to have well-trained professional public safety officers;

(d) Advanced, leadership and continuing training should be consistent with recognized best practices while meeting specific local needs; and

(e) Course and instructor accreditation help to ensure that advanced, leadership and continuing training programs are consistent with recognized best practices and are legally sufficient.

(2) The Department of Public Safety Standards and Training may continue to accredit advanced, leadership and continuing training courses and programs consistent with ORS 181.650.

SECTION 9. ORS 181.635 is amended to read:

181.635. (1)(a) The Governor shall appoint the Director of the Department of Public Safety Standards and Training, who shall hold office at the pleasure of the Governor and not be subject to the State Personnel Relations Law.

(b) The person appointed as director [shall] may be selected from [among three or more] candidates recommended to the Governor by the Board on Public Safety Standards and Training. The candidates shall be well qualified by training and experience to perform the functions of the office.

(c) An appointed director of the department shall receive such salary as is provided by law or, if not so provided, as is fixed by the Governor.

(2)(a) The director, with the approval of the Governor and after consulting the board for advice, shall organize and reorganize the department in the manner the director considers necessary to conduct the work of the department properly.

(b) With the approval of the Governor, the director may appoint a deputy director, who shall serve at the pleasure of the director, not be subject to the State Personnel Relations Law and have full authority to act for the director, subject to the control of the director. The appointment of the deputy director shall be by written order, filed with the Secretary of State.

(3) The director, subject to applicable provisions of the State Personnel Relations Law, shall appoint all subordinate officers and employees of the department, prescribe their functions and fix their compensation.

(4) The director or the director’s designee shall serve as executive secretary to the board, but shall not be a member of the board.

(5) The board shall annually evaluate the director’s implementation of policies, standards and minimum requirements for public safety certifications and training, reporting to the Governor the results of the evaluation.

SECTION 10. Section 11 of this 2003 Act is added to and made a part of ORS 147.005 to 147.365.

SECTION 11. (1) The Department of Justice may initiate and participate in planning, training and organizational efforts intended to prepare to deliver services to individuals traumatized by an act of war, terrorism or sabotage or a criminal act that results in the death of, or physical injury to, numerous individuals or that results in the massive destruction of property.

(2) The department may assist in delivering services to individuals traumatized by an act of war, terrorism or sabotage or a criminal act that results in the death of, or physical injury to, numerous individuals or that results in the massive destruction of property.

Approved by the Governor September 17, 2003

Filed in the office of Secretary of State September 18, 2003

Effective date January 1, 2004

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