Item 3: Resolution on Charter Amendment on Police Auditor

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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Action: Resolution 4949 Calling a City Election on November 4, 2008 for the Purpose of Referring to the Legal Electors of the City of Eugene a Measure Amending Section 15-A. External Review of Police, of the Eugene Charter of 2002 Meeting Date: July 14, 2008 Agenda Item Number: 3 Department: City Attorney’s Office Staff Contact: Glenn Klein www.eugene-or.gov Contact Telephone Number: 682-5080 ISSUE STATEMENT This resolution calls a city election for the purpose of referring to the legal electors of the City a measure amending the Eugene Charter, Section 15-A, “External Review of Police.” BACKGROUND On May 27, the City Council adopted the following motion to direct the City Manager to return with a resolution to place an amendment to the Eugene Charter on the November 2008 general election ballot: I move to direct the City Manager to bring forward, asap, for approval by the council, a resolution that places an amendment to the Charter on the November 2008 ballot. The resolution, caption, question, and summary shall provide for editing of the Charter language in Section 15-A, External Review of Police, so that in Section (1) the words “is authorized to” and the word “may” are replaced with the word “shall,” and, in sub- paragraph (2) the words “is authorized to” and the word “may” are replaced with the word “shall.” If approved by the voters, this amendment of Charter language shall do nothing more than edit the above words, therefore ensuring the ongoing and consistent functioning of the Independent Police Auditor’s Office and the Civilian Review Board. In the event it fails to pass, the current language of the Charter, Section 15-A shall stand as written. Charter Amendment Attached as Exhibit A is a draft resolution which calls an election on a Charter Amendment for November to change the words as proposed in the motion. Based on the wording of the motion, it appears that the attached draft resolution, if adopted, will have unintended consequences. The motion states that “this amendment of Charter language shall do nothing more than edit the above words . . .” In fact, if all those changes are made, the Charter amendment would require a change in the functioning of the auditor’s office. In particular, the attached charter amendment would require the Council to authorize the police auditor to become involved in criminal investigations. With the proposed change, Section 15-A(1) of the Charter would provide, in part, that "the city council shall authorize the auditor to . . . (c) monitor the city's internal investigations, including Z:\CMO\2008 Council Agendas\M080714\S0807143.doc