(a) A law enforcement agency or, if applicable, a civilian or community oversight board, agency or review body, has the burden of proof by a preponderance of the evidence to show that:
(A) The officer engaged in the alleged misconduct; and
(B) Any disciplinary action taken against the officer was with just cause, as defined in ORS 236.350.
(b) In determining the reasonableness of a disciplinary action imposed by a law enforcement agency or a civilian or community oversight board, agency or review body, including whether the level of discipline is appropriate, an arbitrator shall uphold the disciplinary action unless the arbitrator finds that the disciplinary action is arbitrary and capricious.
(c) When the imposed disciplinary action is termination of employment, an arbitrator may not set aside or reduce the imposed disciplinary action if setting aside or reducing the disciplinary action is inconsistent with the public interest in maintaining community trust, enforcing a higher standard of conduct for law enforcement officers and ensuring an accountable, fair and just disciplinary process.
(2)(a) Notwithstanding ORS 243.706 (1), and subject to paragraph (b) of this subsection, in carrying out an arbitration proceeding described under ORS 243.706 (3), the Employment Relations Board shall appoint a person from a list of qualified, indifferent and unbiased persons to serve as the arbitrator of the proceeding. The board shall submit to each of the parties subject to the proceeding the list of persons who may serve as arbitrators.
(b) After the board has selected a person from the list to serve as the arbitrator of the proceeding, each of the parties subject to the proceeding is entitled to one opportunity to object to the board’s proposed arbitrator. If a party objects to the proposed arbitrator, the board shall select an alternative person to serve as the arbitrator. If the other party objects to the alternative person, the board shall make a final selection from the names remaining on the list as to who shall serve as the arbitrator of the proceeding.
(3) The requirements described in this section are not subject to collective bargaining.
(4) As used in this section:
(a) "Civilian or community oversight board, agency or review body" means a board, an agency or a body:
(A) Designated by a municipality or a law enforcement agency in performing duties related to investigating allegations of officer misconduct or reviewing police policies and practices; or
(B) Created to oversee disciplinary matters concerning law enforcement officers pursuant to a city charter or ordinance for which a measure that included the question of whether to establish the board, agency or body was referred to and approved by the people of the city at an election held on or after July 1, 2020.
(b) "Law enforcement agency" and "law enforcement officer" have the meanings given those terms in ORS 131.930. [2021 c.541 §2]