CC Minutes - 12/08/08 Work Session

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With respect to the formation of a committee, Mr. Zelenka said being thoughtful, careful and inclusive was very different from delaying and obfuscating. He said his intent in serving on the committee was to have a truly independent and effective police oversight system. He did not object to second opinions or outside legal advice as additional input to his decision-making process as a councilor. He said the Charter did not specifically prohibit that and by Home Rule it was permissible. He was troubled that a contract signed by the City Manager could prevent the council from doing something it felt was in the best interests of the City. Mr. Zelenka said the Charter amendment on the ballot changed the City Council’s discretion about whether or not there was a Police Auditor and Civilian Review Board oversight function; it made that function mandatory. He said there were no changes required in the ordinance to fulfill that Charter amendment, as the current language was consistent with that. He said the 12 changes proposed by Ms. Bettman did not address that issue; they were issues that the council had discussed and he supported, but they had not been presented to the voters. He preferred to stay with the current process. Mr. Ruiz clarified that he was not arguing for or against obtaining a second legal opinion. He felt it was his responsibility to identify issues that he felt the council should be made aware of, such as contract language, and that could present potential problems. Mr. Clark agreed with Mr. Zelenka about what the voters had approved and the 12 changes proposed by Ms. Bettman. He there were there varying opinions about the constraints imposed on the council by the Charter and suggested that the issue be clarified at some point in the future. Ms. Bettman cited Section 16 of the Charter that the City Manager shall make all purchases. She said the council could direct that a particular contract be entered into; it was not prohibited. She disagreed with Mr. Zelenka’s comment that the voters only changed the police oversight function from discretionary to mandatory. She said the council chose to change all of the language from “may” to “shall,” including mandating authorities as they were listed in the Charter. She asserted that the current ordinance language was inconsistent with the Charter as amended and an independent legal analysis of how to proceed was needed. Ms. Piercy reminded the council that the motion to form a committee authorized it to review the issues raised by Ms. Bettman on November 10 and 17, 2008, and report back to the council on March 11, 2009, with recommendations on amendments to the Police Auditor ordinance. The motion failed, 5:2; Ms. Bettman and Ms. Taylor voting yes. MINUTES—Eugene City Council December 8, 2008 Page 4 Work Session