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Re: Civilian Review June 7, 2005 Page 3 Il. AUDITOR FUNCTION A. Issues related to hiring of auditor The City currently contracts with an outside auditor who reviews a sampling of the investigations conducted as a result of complaints against police employees. The auditor conducts his/her audit after the file is closed and can have no impact on the outcome of any particular case. The City could expand the role of the auditor by creating a position whose role would be to audit and participate in investigations as they unfold. The position could be implemented without bargaining with the Eugene Police Employees Association. See Opinion dated March 1, 2005. The City Council currently has no authority under the City Charter to hire or supervise an auditor who will participate in the adjudication of complaints. (Eugene Charter, Chapter IV, Section 16(l)(e).) Therefore, the Charter would have to be amended if the Council or its designee, rather than the City Manager, is to appoint and supervise the auditor? There are also considerations with regard to whether the auditor should be a City employee or an independent contractor. Oregon law provides that independent contractors must comply with at least four of the following requirements: He or she must (1) carry out the services at a location other than the person's residence; (2) possess business cards customary for similar businesses; (3) have a business telephone listing separate from that of the person's residence; (4) perform services only pursuant to a written contract; (5) perform services for two or more different entities or individuals within a one-year period; or (6) assume financial responsibility for defective workmanship or services through performance bonds or liability insurance. ORS 670.600(8). Further, an independent contractor must be free from direction or control over the means and manner of providing the labor or services, except that the City Council could specify desired results. ORS 670.600(1). An individual who works full time on City business, has an office at the City, uses City telephones and computers to perform his/her duties and takes direction from the City Council or City Manager would not be considered an independent contractor. If the Council has concems around being able to terminate the auditor on short notice, the Council can make the auditor an at-will employee. ~ If the auditor reports to the City Manager, no change in the current City Charter would · be required.