Item 3: Resolution on Charter Amendment on Police Auditor

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but not limited to . . . participation in investigative interviews related to such complaints . . . ." In other words, the council will be required to "authorize the auditor to . . . [participate] in investigative interviews . . ." Nothing in that provision limits the interviews to administrative investigations, and consequently, it would include both administrative and criminal investigations. Currently, the ordinance does not authorize such participation. Instead, section 2.456(2)(c) provides, in part, that the police auditor will not be directly involved in any criminal investigation, and section 2.456(3)(a) provides, in part, that the police auditor will not have access to a criminal investigation file until the conclusion of any such criminal investigation. Possible alternatives to the proposed resolution that would not have the consequence with respect to criminal investigations are listed below under Options. Ballot Title The council’s motion also purports to specify part of the contents of the ballot caption, question and summary. Under city code, the ballot title is to be drafted after the council refers a matter to the ballot and must comply with the requirements of state law. Anyone, including a city councilor, can challenge the ballot title in circuit court. When the city attorney certifies the ballot title, a copy will be provided to each councilor (notice of the ballot title also is published in newspaper). RELATED CITY POLICIES None. COUNCIL OPTIONS The council can adopt the resolution as presented, can adopt the resolution with amendments, or can reject the resolution. Based on what appears to be Council’s intent in adopting the original motion, below are three options that would achieve that intent without the unintended consequence noted above with respect to criminal investigations: (1)Revise proposed amendment as follows: (a) continue to replace “may” with “shall” for appointment of the police auditor and Civilian Review Board; and (b) do not substitute “may” with “shall” with respect to the powers and duties that the Council can assign to the police auditor and CRB. (2)Similar to #1 above (i.e., revise proposed amendment to replace “may” with “shall” for appointment of the police auditor and CRB but not with respect to the powers and duties that the Council can assign to the police auditor and CRB), and in addition, include a new subsection (3) that requires amendments to the implementing ordinance to occur by non- emergency clause so that the proposed revisions are subject to referendum. (3)Make the appointment of the police auditor and CRB mandatory (i.e., change “may” to “shall”); make the authorization of powers and duties mandatory for non-criminal complaints; and leave as discretionary the authorization of powers and duties for criminal complaints. Z:\CMO\2008 Council Agendas\M080714\S0807143.doc