UPDATED July 19, 2017 to add city's separation agreement with Kevin Modica

Portland Police Bureau veteran Kevin Modica, who was under investigation for allegedly failing to report a harassment complaint a staff member made against an African American woman who works as the Police Bureau's diversity and equity manager, has retired.

Modica reached what he called a "separation agreement'' with the city of Portland, allowing him to retire at the rank of assistant chief, even though he hasn't held that rank since a year ago when Mike Marshman was named chief and returned Modica to a captain's rank as head of youth services division.

Friday was Modica's last day.

"I have 30 plus good years here. Some of it has been unpleasant, but I'd like to just be able to move on,'' said the 59-year-old highest-ranking African American in the bureau who received strong support from the city's African American community.

He said the separation agreement allowed him to retire at the assistant chief's rank to acknowledge his "career of achievements.''

Document: Modica's separation agreement reached with the city

An investigation found that Modica and other police supervisors failed to report to the city's Bureau of Human Resources a complaint by an administrative assistant that Elle Weatheroy had made discriminatory remarks to her. The administrative assistant, of Pacific Islander descent, had worked directly for Modica when Modica was an assistant chief under former Chief Larry O'Dea. Weatheroy is African American.

A police review board sustained a finding that Modica failed to report the complaint and recommended a letter of reprimand, but it's unclear if the discipline was issued before Modica's retirement.

Modica declined to talk about it.

"Right now I'm just very thankful I was able to serve the citizens of Portland and work with good people in law enforcement,'' Modica said Friday night. "I feel fortunate that I came out of the profession with no serious injuries or impediments.''

The separation agreement, obtained by The Oregonian/OregonLive through a public records request, allowed for Modica to be returned to the rank of assistant chief as long as he resigned or retired on June 30, and did not bring any legal action against the city alleging any discrimination. It particularly noted that Modica could not bring any age discrimination complaint against the city.

Modica, according to the agreement, had asserted potential claims against the city but never filed any legal action or notice.

His annual pension will be $143,478.96, according to the city's Fire and Police Disability and Retirement Fund.

The Albina Ministerial Alliance criticized the demotion of Modica last summer as a "step backward.'' In a letter to Marshman and the mayor, the Revs. LeRoy Haynes Jr. and T. Allen Bethel, co-chairs of the alliance's Coalition for Justice and Police Reform, wrote, "The failure to have an experienced, relevant African American voice in an assistant chief of command level is a detriment to the welfare of the city.''

Other officers on Friday wished Modica well at the bimonthly Community Peace Collaborative meeting at North Precinct.

North Precinct Cmdr. Robert King, who has served as president of the police union, said he respects Modica for his long public service, his outreach to victims and youth. He also showed officers how to have "courageous conversations in the police bureau around race,'' King said.

'I have admiration and respect for him,'' King said. "A lot of quality people are walking out the door, and a lot of people of color are walking out the door. That's a loss to all of us.''

Two other police supervisors who were placed on paid leave in recent months are back to work. Capt. Derek Rodrigues, who formerly led internal affairs, returned to work at the family services division on May 30. Lt. Mike Leasure, formerly executive assistant to Chief Marshman, returned to work on Thursday at North Precinct, according to the police bureau.

Rodrigues was under investigation for allegedly not reporting former Chief Larry O'Dea's off-duty shooting to the Independent Police Review Division, and not reporting a staff member's complaint about Weatheroy to the city human services bureau for investigation. Leasure was under investigation for the role he played in signing Marshman in as attending a training session where he was not present. Those investigations have been reviewed by a police board and are awaiting final decisions by the mayor.

-- Maxine Bernstein

mbernstein@oregonian.com

503-221-8212

@maxoregonian