CC Minutes - 11/10/08 Work Session

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The motion passed unanimously, 8:0. Mr. Pryor, seconded by Ms. Bettman, moved to direct the Police Auditor to work with the Civilian Review Board to review current administrative procedures and protocols and to de- velop recommendations to accomplish the smooth functioning of the oversight system; these recommendations should be reviewed by the Chief of Police and any comments or concerns forwarded to the council along with the full document for review and action by the City Council. The motion passed unanimously, 8:0. C. WORK SESSION: Police Auditor Supervision and Related Issues Ms. Bettman felt the council had talked a “little bit” about supervision in the last section of the agenda and that would take care of a lot of the administrative issues and procedures that could crop up. She had a motion to place on the table in that regard. She averred that the structure for providing complaint oversight needed to be “personality proof.” Ms. Bettman, seconded by Mr. Zelenka, moved to direct the City Manager to bring back Ordinance No. 20374 to a public hearing on December 8, 2008, amended as follows: 1. The Police Auditor shall have exclusive authority to classify and route complaints, as well as to reclassify complaints if upon further investigation and additional in- formation, not available at the time of intake, the Auditor finds reclassification warranted. 2. Investigation of complaints shall commence upon classification of the complaint by the Police Auditor or as soon as possible thereafter, and no investigation shall occur before the Police Auditor has received, classified, and routed the complaint. 3. Upon the opening of a case file, and any time thereafter including closed cases, the Police Auditor shall have complete, unrestricted, and direct access to all records, evidence, documents, and all material the Police Auditor deems relevant to the complaint. 4. Administrative investigations shall proceed concurrently with any related criminal investigation; administrative investigations shall not be suspended, delayed, or postponed, while criminal proceedings involving complainants and witnesses are re- solved. 5. The Police Auditor shall have complete, unrestricted, and direct access to the nec- essary Eugene Police Department offices; the same as Internal Affairs staff. In ad- dition the Police Auditor shall have complete, unrestricted, and direct access to In- ternal Affairs PRO database, the same as the program coordinator and the Internal Affairs PRO supervisor. 6. The Police Auditor shall maintain strict name confidentiality wherever warranted or legally required. Upon classification of the complaint, the Police Chief may request the Police Auditor provide name confidentiality on a specific case, and the Police Auditor shall comply, but the identifications of any involved parties shall not be withheld from the Police Auditor. 7. There shall be an opportunity for appeal of the Police Chief’s adjudication to the City Manager for final determination (on the existing record). Appeal shall be available in cases of misconduct upon the request of the Police Auditor, the Civilian Review Board, or the complainant in cases where there is disagreement between the MINUTES—Eugene City Council November 10, 2008 Page 8 Work Session