Even if Oregon lawmakers adopt Portland’s bill to bar arbitrators from overturning police discipline under certain circumstances, the city might not be able to benefit from it.

A six-year-old city agreement with the police union could stand in the way.

The legislation would bar arbitrators from overturning discipline if it’s in line with a police agency’s discipline guide.

But when Portland’s then-Mayor Charlie Hales and the president of the Portland Police Association signed an agreement on the adoption of a police discipline guide in December 2013, the agreement included this sentence:

"Notwithstanding the city’s use of a Discipline Guide, the just cause and due process disciplinary standards under parties’ collective bargaining agreement still apply and are not modified or supplanted by the discipline guide.’’

Michael Selvaggio, a lobbyist for the Oregon Coalition of Police and Sheriffs, read the clause Tuesday to members of the Senate Judiciary Committee as Senate Bill 383 was introduced.

The city of Portland agreed when adopting its police discipline guide that it “would not supplant’’ the collective bargaining agreement’s discipline process, Selvaggio said. He argued that the bill would do just that.

Portland Police Chief Danielle Outlaw, Portland’s Chief Deputy City Attorney Mark Amberg and Rob Bovett, legal counsel for the Association of Oregon Counties, testified in favor of the bill.

Committee chair Sen. Floyd Prozanski, D-Eugene, signaled he’d support an amendment that would ensure “whatever agreements are in place won’t be adversely impacted’’ by the bill as he sent it to a work session.

Portland city officials would have to renegotiate the 2013 agreement with the police union and drop the clause in question for the proposed bill to take effect, the union argues.

Portland’s city attorney disagrees.

“Th city believes that the current legislative proposal would be fully complaint with the just cause and due process disciplinary standards under the current PPA contract,’’ City Attorney Tracy Reeve said.

The city adopted a police discipline matrix as a condition of its settlement agreement with the U.S. Department of Justice over police use of force against people with mental illness.

Amberg told lawmakers that he believes the guide upholds a basic principle that supervisors must have just cause to discipline an officer.

He said it sets out reasonable penalties for misconduct and ensures that similarly situated employees are treated the same. He argued that some arbitrators aren’t familiar with police work and their decisions often undermine police accountability.

He cited the 2014 arbitration ruling that overturned then-Chief Mike Reese’s demotion of Todd Wyatt from captain to lieutenant. The arbitrator instead ordered a 60-day suspension without pay for Wyatt but reinstated him to the higher rank with back pay. A Portland police review board had found Wyatt inappropriately touched several female employees and escalated an off-duty road rage confrontation. Wyatt has since retired as a police captain.

The city and police union representatives have haggled over the years about whether the police discipline guide is advisory or must be followed to the letter. One clause in the guide allows the chief or police commissioner to “deviate from this guide as conditions and circumstances warrant.’’

Selvaggio said if the city isn’t happy with arbitrators’ rulings, “I’d suggest the city attorney choose different arbitrators.”

Outlaw testified that the disciplinary system, to be considered fair by employees and trusted by the community, “has to be predictable and consistent.’’

“Arbitration is not,’’ she said. “This essentially defeats the purpose of the guide.’’

The bill would direct arbitrators to determine whether the city appropriately applied its discipline guide and not allow arbitrators to make their own subjective assessments of what is fair, she said.

The Oregon Association Chiefs of Police, as well as the Oregon State Sheriffs’ Association, support the bill, Outlaw told lawmakers. She called it a “small, deliberate and thoughtful step in the right direction.’’

“It makes everyone follow the same playbook when making decisions,’’ she said.

-- Maxine Bernstein

Email at mbernstein@oregonian.com

Follow on Twitter @maxoregonian

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