Page 1 – J OINT MOTION TO ENTER SETTLEMENT AGREEMENT AND

CONDITIONAL DISMISSAL OF ACTION


PORTLAND CITY ATTORNEY’S OFFICE
1221 SW 4TH AVENUE, RM 430
PORTLAND, OREGON 97204
(503) 823-4047
TRACY POOL REEVE, Oregon State Bar ID Number 891123
City Attorney
Email: tracy.reeve@portlandoregon.gov
DAVID WOBORIL, Oregon State Bar ID Number 824347
Senior Deputy City Attorney
Email: david.woboril@portlandoregon.gov
ELLEN OSOINACH, Oregon State Bar ID Number 024985
Deputy City Attorney
Email: ellen.osoinach@portlandoregon.gov
Office of City Attorney
1221 SW 4th Avenue, Rm 430
Portland, OR 97204
Telephone: (503) 823-4047
Facsimile: (503) 823-3089
Attorney for Defendant City of Portland

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

UNITED STATES OF AMERICA,

PLAINTIFF,

v.

THE CITY OF PORTLAND,

DEFENDANT.


Case No. 3:12-cv-02265-SI


JOINT MOTION TO ENTER
SETTLEMENT AGREEMENT
AND CONDITIONAL DISMISSAL OF
ACTION

Fed. R. Civ. P. 41(a)(2)


Plaintiff United States, Defendant City of Portland, and Intervener-Defendant Portland
Police Association (“Parties”) by and through their counsel, jointly move the Court to enter the
proposed stipulated Order attached as Exhibit A. The order approves the Settlement Agreement
(Docket 4-1) (“Agreement”) and conditionally dismisses the action pursuant to Fed. R. Civ. P.
41(a)(2). The Parties stipulate to certain conditions upon dismissal including the Court’s
retention of jurisdiction to enforce the Agreement between the United States and City as well as
the Memorandum of Agreement (MOA) between the Parties; annual conferences at which the
Case 3:12-cv-02265-SI Document 77 Filed 06/20/14 Page 1 of 2 Page ID#: 1036


Page 2 – J OINT MOTION TO ENTER SETTLEMENT AGREEMENT AND
CONDITIONAL DISMISSAL OF ACTION


PORTLAND CITY ATTORNEY’S OFFICE
1221 SW 4TH AVENUE, RM 430
PORTLAND, OREGON 97204
(503) 823-4047
Court will receive information from the Compliance Officer and Community Liaison (COCL);
and timely submission to the Court of the COCL’s quarterly reports. The conditional dismissal
will be followed by final dismissal with prejudice upon performance of the Agreement. The
Parties request that the Court place the case on the Court’s inactive docket subject to recall to the
active docket should enforcement of the Agreement or the MOA become necessary.
The Parties and Enhanced Amicus
1
request that the current briefing schedule of J une 24
remain in effect should the Court deny the motion.
DATED :J une 20, 2014.
Respectfully submitted,

For the United States:
S. AMANDA MARSHALL
United States Attorney
District of Oregon



/s/ David W. Knight
DAVID W. KNIGHT
Special Assistant U.S. Attorney
ADRIAN L. BROWN
BILLY J . WILLIAMS
Assistant U.S. Attorneys

J OCELYN F. SAMUELS
Acting Assistant Attorney General
Civil Rights Division

J ONATHAN M. SMITH
Chief, Special Litigation Section
/s/ Laura L. Coon
LAURA L. COON
Special Counsel

/s/ R. Jonas Geissler
R. J ONAS GEISSLER
/s/ Michelle A. Jones
MICHELLE A. J ONES
Senior Trial Attorneys
For the City of Portland: For the Portland Police Association:
/s/ Tracy Pool Reeve_________
TRACY POOL REEVE
City Attorney
/s/ Anil Karia___
ANIL KARIA


1
United States and City conferred with counsel for Enhanced Amicus. Enhanced Amicus does
not support this motion and intends to file a brief today in support of its position. The Parties do
not object to Enhanced Amicus filing such a brief.
Case 3:12-cv-02265-SI Document 77 Filed 06/20/14 Page 2 of 2 Page ID#: 1037
EXHIBIT A
Page 1 – Order Entering Settlement Agreement


IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON


UNITED STATES OF AMERICA,

Plaintiff,
Case No. 3:12-cv-02265-SI

v.

PROPOSED STIPULATED ORDER
ENTERING SETTLEMENT
AGREEMENT
CITY OF PORTLAND,

Defendant.

S. Amanda Marshall, United States Attorney; Adrian L. Brown and Billy J . Williams,
Assistant United States Attorneys, David W. Knight, Special Assistant United States
Attorney, United States Attorney’s Office, District of Oregon, 1000 S.W. Third Avenue,
Suite 600, Portland, OR 97204. Of Attorneys for Plaintiff.
J ocelyn Samuels, Acting Assistant Attorney General; J onathan M. Smith, Chief; Laura
Coon, Special Counsel, R. J onas Geissler and Michelle J ones, Senior Trial Attorneys,
Special Litigation Section; Civil Rights Division, United States Department of J ustice, 50
Pennsylvania Avenue, NW, Washington, D.C. 20530. Of Attorneys for Plaintiff.
Tracy Reeve, City Attorney; David Woboril, Senior City Attorney; Ellen Osoinach,
Deputy City Attorney, Office of the City Attorney, 1221 S.W. Fourth Avenue, Room
430, Portland, OR 97204. Of Attorneys for Defendant.
Anil S. Karia, Tedesco Law Group, 3021 N.E. Broadway, Portland, OR 97232. Of
Attorneys for Intervener-Defendant Portland Police Association.
Michael H. Simon, District Judge.
The United States of America (“Plaintiff” or “United States”) brought this lawsuit
against the City of Portland (“Defendant” or “City of Portland”) under 42 U.S.C.
§ 14141. The United States and the City of Portland have entered into a proposed
Settlement Agreement (“Settlement Agreement”) and have jointly moved the Court to
accept the Settlement Agreement and enter the Settlement Agreement as an Order of the
Court. Both the United States and the City of Portland agree that entering into the
Settlement Agreement, rather than engaging in contested litigation, is the best way to
Case 3:12-cv-02265-SI Document 77-1 Filed 06/20/14 Page 1 of 8 Page ID#: 1038
EXHIBIT A
Page 2 – Order Entering Settlement Agreement

resolve the claims brought by the United States in this matter, which concern policing
practices in the City of Portland. Both the United States and the City of Portland further
agree that it will likely take several years for the City of Portland substantially to comply
with all of the provisions of the Settlement Agreement. In addition, both the United
States and the City of Portland jointly ask the Court to retain jurisdiction over this action
for all purposes until the City of Portland has substantially complied with all provisions
of the Settlement Agreement and maintained substantial compliance with all provisions
for one year.
At the Court’s request, the United States, the City of Portland, Intervener-
Defendant Portland Police Association (“PPA”), Enhanced Amicus Curiae Albina
Ministerial Alliance Coalition for J ustice and Police Reform (“AMA Coalition”) engaged
in mediation. The mediation produced two separate agreements: a Memorandum of
Agreement (“MOA”) between the United States, the City of Portland, and the PPA; and a
Collaborative Agreement between the United States, the City of Portland, and the AMA
Coalition.
The MOA “is intended to facilitate implementation of the Settlement Agreement
with the support of PPA while preserving [its] ability to protect its members’ collective
bargaining rights.” The United States, City of Portland, and the PPA ask the Court to
retain jurisdiction over the MOA for the purpose of resolving certain disputes according
to the procedures set forth therein.
As a result of the MOA and the Collaborative Agreement, the PPA and the AMA
Coalition withdrew their objections to the Court’s acceptance of the Settlement
Agreement.
Case 3:12-cv-02265-SI Document 77-1 Filed 06/20/14 Page 2 of 8 Page ID#: 1039
EXHIBIT A
Page 3 – Order Entering Settlement Agreement

The question before the Court is whether the Settlement Agreement, as a whole, is
fair, adequate, and reasonable as a means of resolving the claims raised in the Complaint.
To assist the Court in answering that question, the Court held a Fairness Hearing on
February 18 and 19, 2014, and received both pre-hearing and post-hearing written
submissions and oral testimony from the United States, the City of Portland, the PPA, the
AMA Coalition, and numerous members of the public.
The Court raised concerns regarding its ability to receive timely information
regarding implementation of the Settlement Agreement. Under the Agreement, a
Compliance Officer / Community Liaison (COCL) will possess the information needed
by the court. The COCL will have expertise in police practices, community engagement
and crisis intervention methods. The Agreement requires that the COCL be independent
of any City office and the police bureau and responsive to the entire City Council, the
public, and the United States. The Agreement requires the COCL to synthesize data
related to PPB’s use of force and report to the United States, City Council and the public.
The COCL is also required to gather input from the public related to the City’s
compliance with the Agreement. The COCL will issue quarterly reports following
review and comment by a Community Oversight and Advisory Board (COAB). The
COCL will present the quarterly report drafts in open town hall meetings where any
member of the public, including individuals and organizations associated with the AMA
Coalition, will have the opportunity to comment and raise concerns. During a 30-day
comment period, members of the public will also have an opportunity to submit
comments to the COAB about the draft report. The COAB is responsible for gathering
this input from the public at large, as well as documenting the comments received at the
Case 3:12-cv-02265-SI Document 77-1 Filed 06/20/14 Page 3 of 8 Page ID#: 1040
EXHIBIT A
Page 4 – Order Entering Settlement Agreement

town hall meeting, and presenting all this input to the COCL along with its comments to
the draft report. Having the COCL appear annually and share information with the Court
on the status of the City’s compliance would keep the Court timely informed of the
progress of implementation, any obstacles or impediments to achieving substantial
compliance, and a broad range of public sentiment regarding implementation.
After reviewing the Settlement Agreement and considering the views of the
Parties and all public comments received, the Court finds that the Settlement Agreement
is fair, adequate, and reasonable to address the claims raised in the Complaint and,
accordingly, hereby:
ORDERS that the Settlement Agreement shall be and is entered as an Order of the
Court;
RECOGNIZES that this Order approving the Settlement Agreement is entered
with the consent of Plaintiff United States, Defendant City of Portland and Intervener-
Defendant PPA and any modification to this Order related to the Settlement Agreement
must also be with the consent of these Parties;
RECOGNIZES that the portion of the Order retaining jurisdiction over the MOA
is entered with the consent of the United States, the City of Portland, and the PPA and
any modification to this Order related to the MOA must also be with the consent of the
United States, the City of Portland, and the PPA;
ORDERS that the Complaint is conditionally dismissed without prejudice
pursuant to Federal Rule of Civil Procedure 41(a)(2), subject to the terms consented to by
the Parties and that the Court considers proper as set forth below;
Case 3:12-cv-02265-SI Document 77-1 Filed 06/20/14 Page 4 of 8 Page ID#: 1041
EXHIBIT A
Page 5 – Order Entering Settlement Agreement

ORDERS that when requested by the United States or upon a joint request from
the United States and the City of Portland, the Court shall issue a final judgment with
prejudice dismissing the action and terminating the case pursuant to Federal Rule of Civil
Procedure 54 and subject to 28 U.S.C. § 1291; or, if, the United States does not find the
City of Portland is in substantial compliance for a period of one year, and the City of
Portland contends it has maintained substantial compliance for a period of one year, the
City of Portland may request a final judgment dismissing the action and terminating the
case pursuant to Federal Rule of Civil Procedure 54 and subject to 28 U.S.C. § 1291, and
the Court shall issue a final judgment with prejudice only upon the City of Portland’s
showing by preponderance of evidence that the City of Portland is in substantial
compliance and has maintained substantial compliance with the terms of the Settlement
Agreement for one year;
ORDERS that the Court retain jurisdiction pursuant to 28 U.S.C. §§ 1331 and
1345, to enforce any provision of the Settlement Agreement upon motion of the United
States or City of Portland as provided for in paragraph 183 of the Settlement Agreement
and to enforce the MOA between the United States, the City of Portland, and the PPA as
provided for in paragraph 12 of the MOA;
ORDERS that only the United States or the City of Portland may bring an
enforcement action under the terms of the Settlement Agreement, as referenced in the
above paragraph, and that absent such an action by the United States or the City of
Portland, no such order to enforce the Settlement Agreement may be issued;
ORDERS that only the United States, the City of Portland, or the PPA may bring
an enforcement action under the terms of the MOA, as referenced in the above paragraph,
Case 3:12-cv-02265-SI Document 77-1 Filed 06/20/14 Page 5 of 8 Page ID#: 1042
EXHIBIT A
Page 6 – Order Entering Settlement Agreement

and that absent such an action by the United States, the City of Portland, or the PPA no
such order to enforce the MOA may be issued;
ORDERS the City of Portland to direct the Compliance Officer/Community
Liaison (“COCL”) to appear before the Court in open session approximately annually to
make a presentation to the Court on the status of the City of Portland’s compliance with
the Settlement Agreement and to describe any obstacles or impediments toward that end
and to respond to questions from the Court about compliance, subject to the following
conditions:
1. Absent a motion to enforce the Settlement Agreement by the United States or
the City of Portland, the Court will not use the annual report appearance to
sua sponte order the Parties to administer, enforce, or construct the Settlement
Agreement in any particular way;
2. Absent a motion to enforce the MOA under paragraph 12 of the MOA, the
Court will not use the annual report appearance to sua sponte order the Parties
to administer, enforce, or construct the MOA in any particular way;
3. The appearance by the COCL is intended to be an opportunity for the Court to
satisfy its need for information about the status of compliance and not subject
to any adversarial process. To that end, the Court is unrestricted in its inquiry
as to compliance, but the Parties and Enhanced Amicus will not participate in
the exchange between the Court and the COCL, submit briefing or questions,
engage in argument or make presentations to the Court.
4. Other than the COCL’s presentation and any supporting documents the COLC
chooses to provide, no witnesses, proffers of evidence, briefs, written
Case 3:12-cv-02265-SI Document 77-1 Filed 06/20/14 Page 6 of 8 Page ID#: 1043
EXHIBIT A
Page 7 – Order Entering Settlement Agreement

submissions, or testimony from the Parties, Enhanced Amicus, individuals, or
organizations are permitted at the report appearance;
ORDERS the City of Portland to submit to the Court in a timely fashion the
COCL’s final quarterly reports, which are referenced in paragraphs 162-164 of the
Settlement Agreement, including any comments thereto from the United States or the
Community Oversight and Advisory Board (“COAB”);
ORDERS that the City of Portland will not be required to undertake any
additional actions or create any additional reports absent an enforcement action by the
United States and either a finding of noncompliance or a successfully mediated
resolution; and
ORDERS that for all other purposes, this civil action is placed on the Court’s
inactive docket subject to recall to the active docket should the United States move to
enforce the Settlement Agreement.
IT IS SO ORDERED.
DATED this ____ day of J une, 2014.

Michael H. Simon
United States District J udge

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Case 3:12-cv-02265-SI Document 77-1 Filed 06/20/14 Page 7 of 8 Page ID#: 1044
EXHIBIT A
Page 8 – Order Entering Settlement Agreement

Presented by:

For the United States:

S. AMANDA MARSHALL
United States Attorney
District of Oregon



/s/ David W. Knight
DAVID W. KNIGHT
Special Assistant U.S. Attorney
ADRIAN L. BROWN
BILLY J . WILLIAMS
Assistant U.S. Attorneys

J OCELYN F. SAMUELS
Acting Assistant Attorney General
Civil Rights Division

J ONATHAN M. SMITH
Chief, Special Litigation Section
/s/ Laura L. Coon
LAURA L. COON
Special Counsel

/s/ R. Jonas Geissler
R. J ONAS GEISSLER
/s/ Michelle A. Jones
MICHELLE A. J ONES
Senior Trial Attorneys
For the City of Portland: For the Portland Police Association:
/s/ Tracy Pool Reeve_________
TRACY POOL REEVE
City Attorney

/s/ David Woboril________
DAVID WOBORIL
Senior Deputy City Attorney

/s/ Ellen C. Osoinach________
ELLEN C. OSOINACH
Deputy City Attorney
/s/ Anil S. Karia___
ANIL S. KARIA

Case 3:12-cv-02265-SI Document 77-1 Filed 06/20/14 Page 8 of 8 Page ID#: 1045

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