Oregon’s Secretary of State won’t investigate complaints alleging Portland’s police chief violated laws pertaining to political activity of public employees.
The Secretary of State (SoS) received six complaints about Portland Police Chief Bob Day after he released an official statement condemning anti-police tweets from 2020 that were posted by Portland City Councilor Mitch Green years before Green took office. Day’s statement didn’t name the councilor, but identified his old posts and called into question whether Green, who is currently running for reelection in District 4, is fit to make decisions regarding the Police Bureau.
“I have a responsibility to say that I no longer have confidence that this Councilor is evaluating the Police Bureau reasonably and objectively,” Day wrote in a statement distributed to media outlets from the Portland Police Bureau’s official account. Day’s words came on the heels of a statement issued by the Portland Police Association (PPA)—the union representing rank-and-file officers—which called for Green to resign.
Those who filed official complaints say the police chief’s actions violate Oregon laws that prohibit public employees from using their official position to promote or oppose the nomination of a person to public office. They say Day’s statement, made just weeks before voters will receive ballots for an upcoming election, was meant to sway public opinion about whether Green should be reelected.
The state disagrees. Last week, complainants were told the SoS, which serves as the state elections official, declined to open an investigation into the issue, after deciding Chief Day’s statements don’t constitute political speech.
“The statements Chief Day made in the evidence submitted do not rise to the level of a violation, as the statements do not promote or oppose Councilor Green’s candidacy, campaign activities, or any electoral outcome, nor do they reference the November 2026 general election,” the SoS wrote in correspondence sent to Nate Haberman and Jonathan Tasini, who each filed separate complaints with the state. “Rather, Chief Day’s remarks appear to focus on concerns with Councilor Green’s alleged past public comments pertaining to the Portland Police Bureau.”
Those who filed complaints can appeal if they think the state elections office erred. Haberman, an attorney in Portland, said he’s unlikely to appeal the state’s decision, but is concerned the state agency isn’t considering the full scope of circumstances, or even the law.
“I am concerned about the Secretary of State deciding that there was no evidence that the statement was related to the election given the timing of the statement and the contents of other statements by PPA officials at or around the time that Chief Day made his statement,” Haberman told the Mercury on Monday. “Circumstantial evidence is equally as powerful as direct evidence—especially whether an investigation is appropriate. Timing and context are prime examples of circumstantial evidence.”
Haberman notes that one of Green’s opponents is a current Portland police officer, which he says should be taken into consideration by the state.
“Saying that a statement of no-confidence about a councilor up for re-election within ~6 weeks [doesn’t] amount to opposing a candidate seems to be an extraordinarily narrow interpretation of the word ‘oppose,’” Haberman added.
Tasini, one of the other complainants, says he’s still deciding whether to appeal.
The SoS Office confirmed to the Mercury that no investigation will be opened, but declined to provide additional information about the decision.
Chief Day’s statement came shortly after The Oregonian published a story about recently unearthed tweets made by Councilor Green in 2020 during the height of racial justice protests in the wake of George Floyd’s death. The tweets and Green’s Twitter (now X) account were deleted years ago when Elon Musk bought the social media platform.
Chief Day did not immediately respond to a request for comment.
