The Portland Police Association’s initiative petition was declared unconstitutional

A poll worker sorts mail-in ballots at the Multnomah County Duniway-Lovejoy Elections Building on Monday, Nov. 2, 2020, in Portland, Ore. (AP Photo/Marcio Jose Sanchez)

PORTLAND, Ore. (KOIN) – An initiative petition from the Portland Police Association was ruled unconstitutional by a Multnomah County judge on Thursday after the ACLU of Oregon challenged the proposal.

District Judge Katherine von Ter Stegge found that initiative petition PDX-24-OL-02 violated the Oregon Constitution because it was administrative, not legislative, in nature, according to court documents.

The initiative petition would have changed the city charter to allow for more police patrols, detox centers and street emergency services.

Voting text cited in the court documents said that if the measure were approved, the City Council would be required to increase and maintain the number of sworn police officers on patrol duty and to establish and maintain a 24-hour drop-off point for drug and alcohol rehabilitation treatment centers.

Additionally, the council would be required to expand and maintain street support services – including social workers who work with police and fire departments to connect people to services – and also issue an annual report.

The ACLU of Oregon argued that the initiative petition violated the Oregon Constitution for two reasons.

First, the ACLU argued that the initiative violated the requirement that initiatives be “truly legislative in nature and not administrative in nature,” according to court documents.

Second, the ACLU argued that the initiative violated the Constitution’s single-issue requirement.

“This initiative is clearly intended to increase the size of the PPB Patrol Division within the existing administrative framework for assigning officers and transferring individual officers from other departments to patrol.” For this reason, the Court finds that the initiative is a “proposes improper administrative change in considering how and whether to transfer PPB officers from other positions to the patrol division,” the ruling states.

Regarding the single-issue provision, the ruling states: “Since this court has found that the initiative is impermissibly administrative and cannot appear in the form on the ballot, there is no need to engage in a single-issue analysis to get.”

Now, the initiative as written will not appear on the November ballot, according to court documents.

In a statement, PPA President Sgt. Aaron Schmautz said: “Our goal with the measure was to give Portlanders a voice in the future of their city: more police, more street response, more detox centers.” We are dismayed that a single court has deprived all voters of the opportunity to have a say in the affairs of their own city. We will continue to work with Portland residents in every way possible to improve public safety for everyone.”

Kelly Simon, legal director for the ACLU of Oregon, told KOIN 6 News, “The law applies equally to everyone, including the Portland Police Union.” As the court noted, the initiative petition’s attempt to demand an increase in police force cannot be moved forward because it was not a proper legislative act under the Oregon Constitution.”

Sandy Chung, executive director of the ACLU of Oregon, added: “The Portland Police Union initiative proposed no real solutions to problems like homelessness, drug addiction and mental health. These are the biggest problems for Portland residents, but arresting and detaining people doesn’t solve them. If the police union petition was allowed to go to voters, we would have risked depriving our limited tax dollars of real solutions without police involvement.”