CC Minutes - 07/14/08 Regular Meeting

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City Attorney Glenn Klein informed the council that a denial had to be supported by findings. He stated that the council would need to direct staff to provide said findings. Councilor Taylor amended her motion to reflect counsel’s advice. Councilor Clark reiter- ated his second. Councilor Bettman did not understand why an annexation that would add acreage to the UGB would not trigger a land use process. City Attorney Emily Jerome confirmed that the addition of acreage would trigger a land use process. She said they needed to determine if the annexation would do so. She recommended either tabling the motion or scheduling a public hearing. Councilor Bettman, seconded by Councilor Zelenka, moved to table the motion. Roll call vote; the motion passed, 6:2; councilors Solomon and Poling voted in opposition. 3. 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 Councilor Pryor, seconded by Councilor Bettman, moved to adopt 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. Councilor Clark, seconded by Councilor Poling, moved to amend the motion to add the words “the July 10 version of the” in front of the Resolution. Councilor Clark understood that this would solve the concerns of the City’s legal staff. He did not want to cause unintended consequences. Councilor Bettman opposed the amendment. She felt the council was taking its authority and delegating it to the Police Auditor. She declared that the amendment would take prescriptive operational language in the ordinance and insert it into the charter. She disagreed with the City Attorney’s interpretation that there would be unintended consequences. She said the language she provided would maintain the auditor’s authority as vested by the charter in the office and make it mandatory instead of optional. She felt this would make it so political changes would not affect the police auditor system. She asserted that the amendment would take the language out of the ordinance and put it into the charter. She averred that the auditor had the ability by charter to monitor internal police investigations and the council then put parameters around it in its ordinance. Councilor Pryor understood that changing ‘may’ to ‘shall’ was creating more of a requirement for the auditor to perform certain functions. He asked if the City Attorney was recommending that the council retain the discretion to choose whether to require. Mr. Klein responded that at present the auditor was authorized to participate in interviews for administrative investigations and the council dictated that the auditor “shall not” participate in criminal investigations until they were completed; making this language change with respect to what the council either could or must authorize the auditor to do would require the council to authorize the auditor to participate in interviews related to criminal investigations. He under- MINUTES—Eugene City Council July 14, 2008 Page 6 Regular Meeting