michaelgennaco.jpg

Michael Gennaco, chief attorney of the Los Angeles County's Office of Independent Review and a founding member of the OIR Group, met with about 35 community members at Portland City Hall Tuesday to present the group's third review of Portland police shootings. He also answered questions. He'll be back at City Hall at 2 p.m. on Wednesday to present the report to the City Council.

(Maxine Bernstein/The Oregonian)

Community members are demanding to know why city leaders still allow Portland police officers who shoot suspects to wait 48 hours before detectives interview them to find out what happened.

Outside consultants hired by Portland's city auditor, along with U.S. Justice Department officials, have repeatedly said the so-called "48-hour rule" is contrary to best policing practices.

"If they continue to allow their officers to wait two days then they're going to have investigations that are going to be questioned regarding their integrity,'' said Michael Gennaco, one of the lead consultants of the California-based OIR Group. "That makes absolutely no sense.''

Gennaco and his associate, Julie Ruhlin, are in town this week to talk about their latest report on Portland officer-involved shootings and one death in custody. It was released last month and covered eight shootings and one death in custody between 2006 and 2010, including the wounding of Marcus Lagozzino in Southwest Portland.

The consultants met Tuesday afternoon at City Hall with about 35 community members and will go before the City Council at 2 p.m. on Wednesday.

Several people Tuesday said they were furious that the bureau and city officials haven't responded to repeated recommendations to change the 48-hour policy.

"It's time for us to wisen up,'' said the Rev. T. Allen Bethel, president of the Albina Ministerial Alliance. "I'd hope that the auditor is hearing that. You've paid out enough money to know the 48-hour rule does not make sense. ... I'm going to demand that you do that on behalf of the citizens of Portland.''

The lead consultant said the police chief and other top police officials point to a memorandum of understanding that the city has with the police union as the obstacle.

"It is easier to change bureau directives than a memorandum of understanding,'' Gennaco said. "It's not that it can't be done. I think creativity and the will is what will cause it to change.''

But both have been lacking, the consultants told the group.

Officer Daryl Turner, president of the Portland Police Association, said later Tuesday that the current practice isn't designed to delay the investigation, but to allow officers who have participated in a traumatic encounter to calm down.

"Psychologists all say it takes about 48 hours to recover emotionally, physically and psychologically from a traumatic incident,'' Turner said. "It's not done to put off any kind of statement, but a way for an officer to come down from that critical incident and give an account of what happened with clear and concise information.''

In the OIR Group's report, the consultants said the 48-hour delay is "inconsistent with best practices,'' negatively impacts investigations and undermines public confidence.

"It is past time for that restriction to be eliminated so the bureau can timely learn what its officers observed and did when they decided to use deadly force,'' the report says.

An OIR Group report in 2012 on Portland police shootings also called the rule "unfortunate'' and advocated for a restructuring of the labor agreement.

In 2012, the bureau responded that it was seeking a compromise, moving to have officers provide an on-scene "public safety statement" that would give supervisors crucial details on who was injured, whether any suspects are at large and where bullets went.

Turner said officers involved in a shooting provide immediate safety information now to on-scene supervisors.

But the consultants said that doesn't rectify the problem because such statements don't provide full accounts of what happened.

Trudy Cooper, who attended Tuesday's meeting, said city officials need to point to the consultant reports and use them in bargaining to force change instead of throwing up their hands and not challenging the status quo.

"The whole purpose of illuminating this is to get action,'' Gennaco told the group.

--Maxine Bernstein