State board: Officer who shot unarmed man must be reinstated
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PORTLAND, Ore. – The City of Portland lost another battle in its effort to not re-hire an officer who was fired after shooting an unarmed man in January 2010.
The Oregon Employment Relations Board ruled on Friday that the city must adhere to an arbitrator’s decision and re-hire Ron Frashour.
Frashour shot and killed Aaron Campbell during an encounter outside Campbell’s apartment. After an investigation, Frashour was fired for his actions during the shooting.
Mayor Sam Adams has said Frashour “acted outside of police protocols for the use of deadly force.”
In March, an arbitrator ruled that Frashour should be reinstated; however, Adams and police Chief Mike Reese balked at the decision and said they would not re-hire him.
The police union filed a complaint against the city for not following the ruling and on Friday the Employment Relations Board sided with the union and said Frashour should be re-hired.
In its ruling, the board said the police bureau has to follow arbitrator’s order and reinstate Frashour within 30 days.
The city also must give Frashour back pay and benefits with interest from the date of the arbitrator's ruling until he is officially rehired.
The police union had asked the board to fine the city, but the board decided to not issue a fine because the city did not have a pattern of similar behavior.
The city will also have to post a notice in the police station saying it violated the collective bargaining agreement and will reinstate Frashour.
According to Susan Rossiter, the chairwoman of the employment relations board, the decision is binding, although the city can appeal the board’s decision to the Oregon Court of Appeals.
Adams said he'll urge the city council to do just that.
"A case such as this has never been tested in court and has never been adequately challenged," Adams said. "I will recommend to my fellow commissioners to appeal this decision and take it to a court of law."
He said this case is about fighting to retain local control of the police bureau.
Adams also said he still believes Frashour violated bureau policy when he shot Campbell.
Meanwhile, the police union put out a statement praising the employment relations board.
"From the beginning, the Portland Police Association has supported Officer Frashour because he followed the training and policies of the Portland Police Bureau on the night of January 29, 2010. The unnecessary battle that the City undertook should not be over," the statement said.
@portland residents without sanction it only gets worse
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His back was turned and complying
@MzDeeDaOne
ORS 161.219¹
Limitations on use of deadly physical force in defense of a person
Notwithstanding the provisions of ORS 161.209 (Use of physical force in defense of a person), a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is:
(1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or
(2) Committing or attempting to commit a burglary in a dwelling; or
(3) Using or about to use unlawful deadly physical force against a person. [1971 c.743 §23]
 @MzDeeDaOne I guess you didn't read the report...
Pay attention to ( 1) below as this is why Campbell was put down.
 @Civ put down? shame on you.
ORS 161.219¹
Limitations on use of deadly physical force in defense of a person
Notwithstanding the provisions of ORS 161.209 (Use of physical force in defense of a person), a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is:
(1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or
(2) Committing or attempting to commit a burglary in a dwelling; or
(3) Using or about to use unlawful deadly physical force against a person. [1971 c.743 §23]
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You know, I think one of the things we need to do is to STOP giving elected officials authority over our police depts. Â Portland certainly isn't the only city that has had issues like this (eg: Oakland, CA)... Â Just because a politician manages to get elected to be the mayor doesn't automatically endow him/her with the training, knowledge or experience needed to run a law enforcement unit. Â Â Â
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In this particular case, I don't know exactly what happened at that shooting; I wasn't there. Â But I think that for Sam Adams to agree to arbitration in re Officer Frashour, and then to backtrack on that agreement because he doesn't like the arbitrator's decision, is just flat WRONG. Â Â
Our Republic has had 230 plus years of where civilians are in charge. Its not perfect - it is better than anything I have seen yet. It is not who is in charge - its the laws on the books that allow people to fight what they percieve as an unjust firing. I agree with Sam for once - lets the court decide once and for all.
Portland sure made a mistake when they made sam the mayor. Â Â
If I were Frashour I would work one day, collect my back pay, get the official rulings framed and then tell Portland to stick their BS in their ear and quit. Officer Frashour should go work where he will be appreciated, which far, far away from PDX.
 @Scotty9 good...
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so not only do we have to pay this dude back for dang neer 3 years but hes gonna be back on the team. wow. F-our-lifes
And people complain about the teachers union
You put this guy back on the force and everyone will use the "I thought he had a gun" line to shoot unarmed people when they feel threatened or worse. Â Â
The guy made a cardinal mistake,  your not going to hire someone that makes that type of mistake.  It's ill informed and unintelligent to hire that guy back.  People get let go for much less then killing someone all the time in other industries. Why is it so hard to make this decision when it's clear what happened.  There is no training for shooting an unarmed man, any other argument is just blowing smoke.
I would rather take a new cop fresh out of training over a veteran with any kills of unarmed citizens.
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@Secrets AmongUs
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Deadly Force is authorized when there is a threat of death or crippling injury to the innocent ( armed or Unarmed) .The person has to have the ability to kill or cripple( armed or unarmed) , has the opportunity ( has to be in range to kill or cripple) , and is placing an innocent in jeopardy ( it is happening right here, right now. Hear is a breakdown of the event in this case . Campbell was armed and acting in a way his own mother called the cops ( Ability). He did not follow the directions on the officers to get down on the ground and ran back to the location where the weapons are at( Opportunity , Jeopardy). The officer took the shot based on these guidelines , city state and federal deadly force guidelines. The guidelines are standard . I really donât know why this officer wants to come back to work for a city that hung him out to dry but the law is the law. He needs to be hired back based on the arbitrator and the state.   Since you have about 0 hours of training yourself in the use of deadly force , your statement is grossly uneducated.
Sure put him back to work, just do not give him a weapon and put him on a foot patrol in NE.
I just read the report.. Frashour was correct in his actions... Sami loses:)
drug test all police once a month.
Unfortunately this is not the first issue with the officer in question. Nor the first issue with the PDX Police Bureau.
Additionally, since when do officers NOT "shoot to kill"? Part of weapons training is that you don't point a gun at someone unless you intend to use it, and NEVER chance simply "maiming" a suspect. Bureau policy.
Unfortunately, the arbitrator was correct & Frashour is back on the force, another poorly trained example to set before the citizens of Portland.
The family of the deceased told PPD that the deceased was armed, he failed to comply with commands from law enforcement to get down on his knees. Six bean bag rounds did not bring him down. The deceased was running for hard cover and appeared to be reaching for something, maybe the weapon the family said he had? Officer Frashour fired one shot to stop the threat and protect everyone in the area, law enforcement personnel as well as private citizens, he did not shoot to kill. The death of the deceased was unfortunate but the actions of the deceased himself, and the information given to law enforcement by the family led to the death of Mr. Campbell. Now uncle sammy is throwing a hissy fit because mommy is telling him to come in and take a nap and he doesn't want to. Don't complain about the back pay Officer Frashour is entitled to and will eventually receive, he should never had been fired, complain about the money uncle sammy gave the family without regard for  the law. Maybe Reverend Jesse Jackson will come back to Portland and promote his own agenda once again.
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Officer Frashour acted as he was trained by PPD and as any other Marine had been trained when someone has a weapon and runs for hard cover. Welcome back Officer Frashour, it's about time!
Hey all you cop hating Monday morning quarterback idiots! Â Read the complete ruling which is offered to you in this story. Â Then comment and continue to make fools of yourselves. Â I'm glad he got his job back and wish him well.
Once again the uproarious laughter you all hear is due to the incompetent mayor trying to act like he has some kind of ethical understanding.
He is, always has been, and always will be a cartoon of a human. A mess that all level of logical thought has eluded his entire adult life. And yet, the citizens of Portland have thought it wise to have him run their city. I guess when compared to the other elected inhabitants of city hall, he might only seem to fit right in. On that count I have to agree.
And looking at the upcoming election for mayor all I can say is to get ready for round two.
Just what the city needed, another file clerk.
by law he get his old job back...they cant do anything otherwis it would be considered a hostile work enviroment and he could sue.
How much taxpayer money has Sam spent on his personal vendetta for this case? His next job must be dependant on the outcome here. He's really acting desperate here. Someone must have given him strong marching orders.
Sam the Sham has just said he was going to appeal.
P.S. Sam, if you're going to appear on the news please shave.
A lot of people seem to think the guy who got killed was some kind of angel. Â He wasn't and his past has proven it. Â I also think the idiot you have for a mayor in Portland is just trying to pass the buck. Â Now that the family of the so-called victim has got what they want, a bunch of money, the officer involved will probably also get a bunch of money because the city leaders are a bunch of idiots. Â So, the taxpayers of Portland will get a double whammy. Â That is, those few who live in Portland who aren't deadbeats and actually have jobs and pay taxes.
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Good. Its about time.
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Now maybe Scam Adams can stick to something he knows, like 17 year old boys.
 @2012 Hope and Change But it's a union ??? What????
Is this the guy that broke into someones house and was tickling them in their sleep? I think it was a woman.
 @HarryReams No you have to read unlike what you did in school
Sam "the Sham" is getting his butt handed to him at every turn.
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While I don't agree with how the actual incident was handled as far as police go I do support the findings of the arbitrator. He looked at all the rules, laws and contracts and came up with a decision. Arbitration is there for a reason and Portland agreed to go with the decision of the arbitrator in the contract but now they are backing out.
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Hopefully it will cost Portland lots of money and they are forced to rehire him with backpay and interest.
 @RalphCramden You're absolutely right - at this point in the game it matters not whether anyone believes that officer Frashour acted correctly or not. That issue was legally decided by a grand jury and reaffirmed by review and binding arbitration. It's over and time to move on - Sammy can't agree to be bound to arbitration and then refuse when he doesn't get his way.
 @IfishsumÂ
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Liberals love to play buy the rules till the rules don't favor them and then they try to ignore the rules or change them midstream. This is exactly the case here.
I would like to see all you critics walk a year in a Policemanâs shoes. I cannot remember all the circumstances involved in this case, but it was not like the policeman was walking down the street and randomly shot and killed this guy. Â Like they say on the block, âdonât cause no trouble, wonât be no troubleâ
It was not far from that. The man was unarmed and the cop shot him before he verified he even had a weapon. He was found to not be following dept policy and was fired. He was not fired for killing the man - he was filred for gross negligence basically. Much like you or i can be. The arbitrator said reinstate him - the city fought that and now they lose again. They need to put him doing admin type stuff - take away his gun - and let him quit or bide his time until retirement.
 @wvboy Actually the bad guy was on drugs, behaved aggressively and threatened people around him. Also, there is no real way for police to 'verify' that the bad guy has no weapon because when one is high on something, they can kill with a screwdriver or a rock of just bare hands. Aggressive people on drugs are dangerous without any weapons. It should come as no surprise to anyone that if you choose drugs, your life is in danger in more than one way.
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I am reposting a bit of a post I did earlier . Campbell was armed and acting in a way his own mother called the cops ( Ability). He did not follow the directions on the officers to get down on the ground and ran back to the location where the weapons are at( Opportunity , Jeopardy). The officer took the shot based on these guidelines , city state and federal deadly force guidelines. The guidelines are standard . I really donât know why this officer wants to come back to work for a city that hung him out to dry but the law is the law. He needs to be hired back based on the arbitrator and the state.   Since you have about 0 hours of training yourself in the use of deadly force , your statement is grossly uneducated.
 @cptmac11 Uh, yeah.  If this thug (who had a criminal history, was no angel and whose own family said he was armed) had followed orders to begin with he wouldn't have even been hit with the bean bag rounds to because there would've been no need.  A peaceful ending to a painfully emotional situation after hearing of the death of his brother.  So go cry your river elsewhere - his own actions resulted in his death. Â
well if he wouldbve went down after getting hit with the bean bags...guess what he would still be alive today,but he had to act like a cop hating minority and test the police and dont tell me THAT doesnt happen often...
 @cptmac11  @Julie  @wvboy Can you prove your statement? Can you post a link that verifies what you just posted?
 @Julie  @wvboy He had his arms up and they shot him with bean bags 5 times he flinched from being shot and turned to get away then they shot him in the back with a deer hunting rifle.
It blew a 4 inch hole in him then the cops said let him lay there for about an hour.
then we will let him get medical help.
Sure that sounds fair why not?????
Thats all we need.... more police state terrorists.
I would hate to work for Portland in any capacity. It seems that unless you do absolutely nothing at all, every move you make is subject to endless interpretation by City government at the behest of the liberal media and/or "activists".
 @jpk But their a union...
@jpk That's the way the unions want it. They want everything prescribed in great detail and repetitively trained. Of course that is not possible as every situation is different. They know that and that is why they successfully appeal any disciplinary action taken. The PDX pols have catered to the unions for so long the unions own them and run the city.  It is amazing when a city can have employees violating citizen constitutional rights but cannot be disciplined effectively.  The only thing the unions have not accomplished with Portland is simply allowing the employees to stay home and collect their checks and benefits. Until then the union prefers employees not do anything and they can't get in trouble.Â
 @jpkÂ
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Most of the employees who work for Portland do nothing....8-}
I wonder whose innocent family member will be this cop's next victim
@August100 When you don't follow police orders, negative consequences are to be expected. It's how a civilized society works. Too bad you are not familiar with the term "innocent" and its meaning.
 @etab  @August100 Civilized? Hardly, that is how a police state works. There are many countries in the west where cops don't kill people unless it is really necessary.
@terre08 And you have no idea if it was necessary or not, at the time.
@etab@August100
 He had his arms up and they shot him with bean bags 5 times he flinched from being shot and turned to get away then they shot him in the back with a deer hunting rifle.
It blew a 4 inch hole in him then the cops said let him lay there for about an hour.
then we will let him get medical help.
Sure that sounds fair why not?????
He Should have been shot again but he died.
Maybe they could hold him up and shoot him again...
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maybe instead of acting like a cop hating thug,maybe he shouldve went down to the ground after the bean bags,and guess what he would still be alive today,but all this gives cop-hating-thugs-pick-a-minority-red and black cafe-Â coffee drinking-morons something to whine about...funny how the family cared more after his death than befor,maybe if they care more before he wouldnt be in the mess in the first place...just saying