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CC Minutes - 12/08/08 Work Session
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CC Minutes - 12/08/08 Work Session
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City Council Minutes
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12/8/2009
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asked her why the process was delayed by referring it to a committee. She asked if the council could <br />reconsider its action. <br /> <br />Mr. Poling commented that he had attended an open house at Lane Council of Government’s (LCOG) new <br />facility and commended LCOG on its new office. <br /> <br />Mr. Pryor said the West Eugene Collaborative (WEC) was having its last meeting on December 9. He said <br />there was an initial draft of the WEC’s final report and it would be issued fairly soon. He noted that all <br />members of the WEC were still participating. He supported Mr. Zelenka’s idea for a workshop to discuss <br />the City’s role in economic development. <br /> <br />Ms. Piercy concurred with holding a workshop in economic development and the City’s role and the <br />community wanted a response from the City during this period of economic crisis. <br /> <br />Ms. Bettman, seconded by Ms. Taylor, moved to direct the City Manager to con- <br />tract on behalf of the Eugene City Council (as soon as is practicable but before the <br />convening of the Mayor’s Committee on Police Auditor Ordinance issues) with <br />Beery, Elsner, Hammond LLP. The contract shall be for the purposes of providing <br />to the council a comprehensive legal analysis of the actions required to ensure the <br />full enactment of the Eugene Charter Section 15A as amended, and any ordinance <br />provisions or revisions necessary to secure the full and maximum authority vested <br />in the Police Auditor’s Office and the Civilian Review Board, by the Charter. The <br />analysis of the Charter and Ordinance language provided shall be used as the legal <br />framework for the Mayor’s Committee on Police Auditor Ordinance issues. <br /> <br />Ms. Bettman said her earlier request to the City Manager and City Attorney to provide a legal framework <br />before provisions were offered was declined and that was for the best because an independent opinion was <br />needed. She said Beery Elsner only worked for governing bodies and did considerable charter work, <br />including for the League of Oregon Cities; the firm did not have a conflict of interest. She believed that <br />Harrang Long, the firm that was currently under contract to the City, had many conflicts of interest because <br />they were involved in risk claims with the police department, discipline issues and lawsuits. She said it was <br />also a part of the administrative branch of City government, while the Police Auditor was under the <br />legislative branch. <br /> <br />Ms. Taylor indicated she would support the motion and objected to formation of the committee, the delay it <br />represented and its composition. <br /> <br />Mr. Pryor asked if the City had a legal opinion on whether there was a conflict with the City Charter. City <br />Manager Ruiz said he had provided information to the council based on his understanding of the Charter and <br />Code regarding a potential conflict, but he did not have a legal opinion on the matter. <br /> <br />Mr. Pryor asked if there was a concern that contracting with Beery Elsner would violate the City’s current <br />contract with Harrang Long and whether obtaining a second legal opinion was prohibited. Mr. Ruiz said <br />that was a potential concern as the contract stated that the City Attorney would be the sole legal authority, <br />with exceptions related to workers compensation, bond counsel, prosecution and a few other issues. He said <br />there was no specific prohibition on a second opinion, but the contract did state Harrang Long would be the <br />sole provider of legal services. <br /> <br /> <br /> <br />MINUTES—Eugene City Council December 8, 2008 Page 2 <br /> Work Session <br /> <br />
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