Oregon Revised Statutes Chapter 243 § 243.808 — Arbitration concerning alleged misconduct by law enforcement officer

Arbitration concerning alleged misconduct by law enforcement officer. (1) For purposes of an arbitration proceeding under ORS 243.706 concerning alleged misconduct by a law enforcement officer: (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