Complaints alleging profiling
- • complaint form
(1)(a) A law enforcement agency shall provide to the Law Enforcement Contacts Policy and Data Review Committee information concerning each complaint the agency receives alleging profiling, and shall notify the committee of the disposition of the complaint, in the manner described in this subsection.
(b) The law enforcement agency shall submit to the committee a profiling complaint report form summarizing each profiling complaint and the disposition of the complaint, and a copy of each profiling complaint, once each year no later than January 31.
(c) The law enforcement agency shall submit the form described in paragraph (b) of this subsection even if the agency has not received any profiling complaints.
(d) The profiling complaint report form and copies of profiling complaints submitted to the committee may not include personal information concerning the complainant or a law enforcement officer except as to any personal information recorded on the form as described in subsection (4)(c) of this section.
(2)(a) A person may submit to the committee a complaint alleging profiling and the committee shall receive the complaints.
(b) The committee also shall receive complaints alleging profiling that are forwarded from a law enforcement agency.
(c) The committee shall forward a copy of each profiling complaint the committee receives to the law enforcement agency employing the officer that is the subject of the complaint. The forwarded complaint must include the name of the complainant unless the complainant requests to remain anonymous, in which case the complainant’s name must be redacted.
(3)(a) The committee may not release any personal information concerning a complainant or a law enforcement officer who is the subject of a profiling complaint.
(b) The personal information of complainants and of law enforcement officers who are the subject of profiling complaints are exempt from public disclosure under ORS 192.355 (Public records exempt from disclosure).
(4) The Department of State Police shall develop a standardized profiling complaint report form. The form must provide for recording the following information:
(a) A summary of total complaints and a certification that a law enforcement agency’s profiling policy conforms to ORS 131.920 (Policies and procedures prohibiting profiling);
(b) A summary of each complaint received by the law enforcement agency, including the date, time and location of the incident and the disposition of the complaint; and
(c) To the extent known, the complainant’s gender, gender identity, age, race, ethnicity, sexual orientation, primary language, national origin, religion, political affiliation, homeless status and disability status, recorded in a manner that does not identify the complainant.
(5) As used in this section, “personal information” has the meaning given that term in ORS 807.750 (Restrictions on swiping driver licenses or identification cards). [2015 c.681 §3; 2017 c.706 §5]
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