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ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Work Session: Police Auditor Report Meeting Date: November 13, 2006 Agenda Item Number: B Department: Police Auditor Staff Contact: Cristina Beamud www.eugene-or.gov Contact Telephone Number: 682-5005 ISSUE STATEMENT This item will propose a plan, a timeline and concepts to be embodied in the Eugene Code to commence the provision of services to the public by the Police Auditor. BACKGROUND The City Charter amendment passed in November 2005 (Measure 20-106) established the authority and parameters of the work to be performed by the Police Auditor and the Civilian Review Board. An ordinance is necessary in order to frame the scope of this authority and to describe general procedures for the Auditor’s Office. The Police Commission presented a draft framework describing the authorities of the Auditor’s Office and the Civilian Review Board in August 2006. The proposed concepts were drafted with the assistance of the City Attorney. There was additional input by members of the Police Commission in order to develop definitional terms for the proposed ordinance on October 27, 2006. The adoption of this ordinance will be necessary in order for the Police Auditor to begin the work envisioned by the Charter Amendment. While the proposed ordinance outlines the general procedures and authority for the Police Auditor and the Civilian Review Board, it is intended only to set broad parameters and allow for the development of protocol that provides for more detailed procedural guidelines. It is designed to be flexible in order to permit both the Police Auditor and the Civilian Review Board to exercise some discretion, but also set forth the parameters of their authority and defined by the Charter. The proposed language was developed by the Police Commission in collaboration with a broad range of stakeholders. It was reviewed by the Police Auditor and changes are proposed. The definition section of the proposed ordinance has not been reviewed previously by the entire City Council and for this reason appears both within the text of the proposal and as Attachment C. There is some concern about the appropriate use of Alternative Dispute Resolution in lieu of the investigative and disciplinary process. This subject was researched by the Mediation and Advocacy Task Team (MATT) and a report was submitted to the council in May 2006. The language recommended in the proposed framework gives discretion to the Police Auditor to select the appropriate cases for Alternative Dispute Resolution (ADR). Mindful that very serious cases of police misconduct are not suitable for ADR, this option should be broadly available because it produces satisfying results for the complainant and because it is cost-effective. The MATT report recommends that, “in lieu of categorical exclusion, the following types of cases generally not be considered for mediation: criminal allegations, allegations of officer corruption, allegations of threats, intimidation and harassment, L:\CMO\2006 Council Agendas\M061113\S061113B.doc