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Attachment H CITY OF EUGENE INTER-DEPARTMENTAL MEMORANDUM CITY ATTORNEY - CIVIL DEPARTMENT To: Police Commission Date: June 7, 2005 Subject: Opinion of City Attorney Regarding Civilian Review Model I CONFIDENTIAL ATTORNEY/CLIENT COMMUNICATION - NOT I SUBJECT TO RELEASE UNDER THE PUBLIC RECORDS ACT You have asked for our opinion on a variety of legal issues related to the Police Commission's proposed model for civilian review of conduct by the Police Department. I. INTRODUCTION As we understand it, the proposed model anticipates the creation of two levels of review: an auditor and a civilian review board ("CRB"). The role of the auditor is to monitor and participate in ongoing internal investigations of complaints of police misconduct for quality assurance and to identify policy, operational or training issues that may require changes to current policies or procedures. A CRB, made up of five to seven community volunteers, will monitor the work of the auditor and the Department by evaluating the course and outcome of completed internal investigations and develop appropriate findings and recommendations for changes in policy or procedure. No decision has been made about whether the civilian review model will review investigations involving all Police Department employees or only sworn officers. The CRB may undertake a review of completed investigations based on pre-established criteria, at the suggestion of the auditor or at the request of the complainant. In addition, the CRB may participate in the consideration of certain types of investigations prior to their adjudication. Final adjudication decisions rest with the Chief of Police. Neither the auditor nor the CRB will participate in decisions involving the level of discipline to be imposed, if any. The process envisioned by the Police Commission, as we understand it, as is follows: 1. The auditor takes the complaint and decides whether it requires CRB involvement pre-adjudication. The auditor then decides, based on pre-established criteria, whether it will be investigated by Intemal Affairs or by a supervisor, or whether to recommend an outside investigation. As we understand it, the Commission anticipates that IA will investigate all claims involving misconduct, and supervisors will investigate only inquiry-level service complaints. The auditor