PORTLAND, Ore. — Commissioner Jo Ann Hardesty’s legal representation wrote the city of Portland to make them aware that she plans to take legal action against the city for its role in wrongly accusing her of being the suspect in a hit-and-run in March.
The notice of claim says former Portland Police Association (PPA) president and Portland Police Bureau (PPB) officer Brian Hunzeker wrongfully leaked the incorrect information about Hardesty having participated in a criminal hit-and-run to other city employees and to the press. The information was leaked to The Oregonian and right-wing media sources, disseminating the information quickly.
Hardesty’s representation asserts that the leak was intended to discredit Hardesty "because of her race and in retaliation for decades of opposing race discrimination by the Portland police against her fellow citizens of Portland.” This is largely in part due to the evidence in the case which clearly and easily led police to the actual suspect.
RELATED: Commissioner Hardesty was not involved in hit-and-run, Portland police say
The following timeline was provided:
On March 3, 2021, at 4:48 p.m., a Black woman driving a tan Toyota Corolla was involved in a hit-and-run with a white woman. The hit-and-run victim called the city to report that Ms. Hardesty was the person who had hit her. She “swore on her life” that it was Commissioner Hardesty that had hit her.
At around 11:24 p.m., police met with the hit-and-run victim to investigate her complaint. Around 1 a.m., police arrived at Hardesty’s home and, according to Hardesty’s representation, knocked so loudly on Hardesty’s door that it woke her neighbors. The notice says that this was likely done in an attempt to do a “perp walk” with Hardesty.
“This show of force was extreme given that the reported damage to the vehicle was a one-centimeter circle on the white woman’s bumper possibly caused by the license plate screw from the offending driver’s license plates,” the claim says. It goes on to point out that Portlanders, especially Black Portlanders, have to wait hours for police to respond to more serious crimes, if a response comes at all.
On March 4, 2021, police found video of the incident that did indeed show that the car was a tan Toyota Corolla, which was traced to a woman in Vancouver. Hardesty does not own a tan car, she owns a silver Volvo that is inoperative. The suspect also had short white hair while Hardesty’s hair is longer and black, the notice of claim says. Hardesty’s representation says the report was “based on the false and racist assumption and stereotype that all Black people look the same and that Black people are more likely to engage in criminal activity.”
Though the criminal case was resolved in 24 hours or so and PPB announced that Hardesty was not a suspect in the case, the information that she had been involved in a criminal hit-and-run had made its way through local and national media.
The police report was not made available to media and the public until March 12.
RELATED: Police release report that wrongly identified Portland commissioner as hit-and-run suspect
“The goal of the leaks was to damage Ms. Hardesty and force her removal from office. The leaks were made with reckless disregard for the truth and in direct violation of city policies and PPB directive that restrict city employees from disclosing restricted or confidential information.”
Shortly after the incident, Hunzeker abruptly resigned from his position as president of the PPA, following what the union’s executive board described as a “serious, isolated mistake related to the police bureau’s investigation into the alleged hit-and-run by Commissioner [Jo Ann] Hardesty.”
The PPA Executive Board did not go into more detail about Hunzeker’s role in the false accusations against Commissioner Hardesty but did write in a statement, “Brian’s mistake was not driven by malice. But it was a serious mistake.”
Hardesty spoke with KGW after the incident. At the time, the PPA had not shared any information with her regarding the incident. She called for an independent investigation.
RELATED: How false allegations against Portland Commissioner Hardesty spread like wildfire
"I hope that the due diligence — the investigation — actually uncovers what the mistake was and that we, the public and myself included, get to know specifically what he did and why he did it," Hardesty told KGW. "And then be held accountable for his behavior."
Wheeler also said Tuesday he doesn't know anything more than what the PPA executive board said in its statement, and called for answers.
Mayor Ted Wheeler spoke with KGW in March as well.
"I appreciate the association’s call for accountability, but his resignation raises significant questions that remain unanswered," Wheeler said. "Mr. Hunzeker has given no reason for his resignation except that he made a serious mistake about an ongoing criminal investigation. As the police commissioner, I demand to know what that mistake was. I have called for an internal investigation to clarify the circumstances. While I appreciate Mr. Hunzeker’s self-described act of accountability, I demand he give a full and transparent accounting of what he did and what his motivations were to Commissioner Hardesty and the public. I call on him to do so immediately."
A spokesperson from his office gave a statement on behalf of the mayor on August 4, 2021:
The Mayor remains deeply concerned about this incident, and the Mayor believes Commissioner Hardesty deserves clear and thorough answers about how and why this happened. The Mayor wants those same answers. Commissioner Hardesty has every right—just as anyone would—to pursue litigation. Since there is an ongoing investigation into this incident and the possibility of litigation, the Mayor's Office cannot comment further while those processes continue. The Mayor will continue to work cooperatively with Commissioner Hardesty in their roles on the City Council to serve the people of Portland.
PPB said in March that Hunzeker would remain on the force but given an undetermined assignment. KGW reached out to PPB on the status of Officer Hunzeker and learned he is on administrative leave pending an internal investigation.