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Portland's City Council on Wednesday voted unanimously to give the city attorney the green light to appeal U.S. District Judge Michael Simon's order that city officials return to his court on Jan. 31 to update him on the status of community oversight of police reforms. The city contends the judge doesn't have the authority to require more than annual status conferences in court. (Mike Zacchino/Staff)

Portland's mayor, saying U.S. District Judge Michael H. Simon has "lost credibility and standing in terms of being an impartial body,'' voted Wednesday to appeal the judge's order that city attorneys return to court next month to explain how the city will comply with community oversight of police reforms.

The city had objected to any additional in-court conferences before the judge beyond the already-scheduled annual hearings on its settlement agreement with the U.S. Department of Justice. City attorneys also objected to members of the public addressing the court at the hearings, as the judge has allowed.

The council and the city auditor, in a letter to the court, last month criticized Simon for allowing courtroom spectators to subject city lawyers and officials to "racist, sexist'' and other unwarranted attacks during the last annual hearing on Oct. 25, without curtailing the speech or admonishing the speaker.

"Judge Simon did nothing that day, so it falls for us to do something,'' Mayor Charlie Hales said in voting with the City Council to appeal the judge's order.

The Rev. LeRoy Haynes, co-chair of the Albina Ministerial Alliance's Coalition for Justice and Police Reform, and Dan Handelman, of the police watchdog group Copwatch, urged the council to adhere to the judge's order, and not use the derogatory remarks that one person made in the courtroom to derail much-needed reforms.

Haynes said he feared the legal challenge would stall important work on revamping the community oversight portion of the settlement.

"Any setbacks at this time would be detrimental to our city,'' Haynes said.

The court conferences stem from the city's settlement agreement with the U.S. Department of Justice regarding mandated reforms to police training, policies and oversight. The agreement followed a 2012 federal investigation that found Portland police engaged in excessive force against people who have or are perceived to have a mental illness. Investigators also found that police improperly used stun guns against suspects.

City attorney Tracy Reeve told council members that the city believes the federal judge only has authority to monitor the settlement if the U.S. Department of Justice reported to the court that the city had breached its terms.

"We believe that the court is exceeding its authority,'' Reeve said. "Trying to add a layer of court proceedings that was never contemplated for ongoing monitoring diverts the city's ability to focus on coming into compliance with the settlement agreement. That's where we want to put our staff time.''

Reeve said the legal challenge won't curtail the city's efforts to revamp what's been a dormant Community Oversight Advisory Board, the city's first but failed attempt to comply with the agreement. The city is working closely with federal Justice officials to figure out how best to form a new citizens group, she said.

The city previously appealed a ruling by Simon that had required annual court hearings, Haynes pointed out. That resulted in mediation and an approved order, which gave the judge the authority to hold non-evidentiary status hearings "or otherwise as may be directed by the Court.''

"You need to read what's in the documents,'' Handelman told council members. "The judge can call people into court time to time in between status conferences.''

Commissioner Nick Fish said the city is not trying to walk away from its obligations, but simply wants another court to clarify what the judge's authority is over the settlement, and whether Simon has the power to order additional court conferences.

"We're not challenging the terms of the agreement,'' Fish said. He also said the city, at this point, doesn't have the power to put off the Jan. 31 conference, "so we are obliged to appear before it. My understanding is it will not stall activity.''

Commissioner Amanda Fritz added, "We're happy to comply with what the rules are, but we don't know what the rules are. They seem to be changing.''

Handelman said it's the city that's "muddling'' the issue, arguing that what happened in Judge Simon's courtroom on Oct. 25 "is irrelevant.''

The city is struggling to revise its community oversight plan. The settlement agreement calls for the city and Portland police to enhance its outreach to the community, described as a "critical resource'' to promote public safety. It also requires the city to allow community members to provide independent oversight of the settlement's reforms.

The city attorney also has urged the court to restrict participation at future annual hearings to the parties to the case, and not allow public comment.

Handelman said the city shouldn't be trying to limit the court's review or public participation.

"We should have as many public hearings as we can to find out what is going on,'' he said.

-- Maxine Bernstein

mbernstein@oregonian.com

503-221-8212

@maxoregonian