The state agency responsible for training and licensing law enforcement members in Oregon has work to do to improve oversight, according to an audit conducted by the secretary of state’s office.
The Department of Public Safety Standards and Training teaches, certifies and regulates all law enforcement in the state including city, county, state and tribal police officers and corrections officers. The audit was prompted by local and national calls for police reform and improved accountability in the wake of George Floyd’s murder by Minneapolis police officer Derek Chauvin in May 2020.
The audit found hurdles to DPSST detecting and addressing officers who should be decertified. It also found staffing and technology constraints impede the agency’s ability to hold officers accountable, and that on-the-job training varies by agency and isn’t adequately regulated across the state.
“Today’s report clearly outlines key steps that DPSST and law enforcement partners must take to improve performance and build public trust,” Secretary of State Shemia Fagan said in a statement.
DPSST’s police policy committee and board discussions are livestreamed, and the agency posts certification decisions online, along with investigation details. But the state agency’s certification decisions are secondary to local disciplinary decisions, which are often shrouded in secrecy. Officer terminations typically trigger certification reviews, meaning in most cases, DPSST doesn’t become involved in officer discipline.
“Due to this, most police accountability measures, including low-level discipline and decisions on employment, are likely entirely or at least initially made at the local [law enforcement agency] level,” the audit reads. “Neither DPSST nor the board have the authority to overrule employment or disciplinary decisions made by local LEAs as long as they comply with the board’s standards and requirements.”
DPSST also relies on local agency investigations to conduct its own moral fitness reviews. That’s a problem, according to the audit, since local agencies typically conduct investigations to determine if an officer violated a policy or committed a crime. The information collected for those investigations may not be the same DPSST would require to determine an officer’s moral fitness.
Even when an incident triggers a moral fitness investigation, they are hindered by overly narrow criteria, according to the audit. Officer competency and use of excessive or deadly force do not trigger a certification review.
The audit recommended addressing resource constraints that prevent DPSST from conducting its own moral fitness investigations when local information is insufficient, and fine tuning moral fitness standards to also apply to instances of excessive or deadly use of force.
A 2017 study conducted by DPSST and Washington State University found the organization’s training program produced the desired behaviors in recruits, including empathy, concern for civilian safety, and effective communication and de-escalation. But the audit notes that the study was conducted using scenarios before and after blocks of training.
“Due to a lack of research after an officer leaves the academy, little evidence exists to show whether DPSST’s training has real world implications, or for how long,” the audit said. “Other than anecdotal evidence, DPSST does not currently have a mechanism to measure or assess officer performance once officers transition to working in their communities.”
Although the basic academy’s three phases have been revised and updated in recent years to incorporate nationally recognized best practices, auditors found only 21% of certified officers in the state have been through at least one of the updated phases.
The audit also found that an increased demand for the DPSST Basic Police Academy class combined with a reliance on volunteer instructors “loaned” to the academy by local agencies, has led to a chronic instructor shortage, particularly hazardous for high risk training like emergency vehicle operations and firearms training.
After completing the four-month basic police academy, new officers spend additional time in on-the-job training at their local agency under a more experienced “field training officer.” The additional training isn’t standardized and the training officers aren’t certified by the state, auditors wrote, leading to training inconsistencies across the state.
Among the audit’s recommendations, it suggests DPSST seek additional funding to fully staff the academy or consider long term contracts with local agencies to ensure full and predictable staffing levels. The secretary of state’s office also recommended developing a process to assess officer performance once they graduate the academy and are working in the field. Finally, the audit recommended a certification process for field training officers.
Auditors interviewed DPSST leadership, management and staff as well as law enforcement staff from 11 agencies in Oregon. Auditors also interviewed local oversight bodies and advocacy groups, and conducted a survey of state police standards and training programs for New Hampshire, Idaho, New Mexico, Wyoming, Maine, Vermont and California.