Item B: Update on Implementation of Measure 20-106

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__m______.Police Complaint Sx~tem and Civilian Qy.~E~ight Recommt?~9..~tJons o Creating a system that is not overly confusing to the puhlic or procedurally complicated to maintain; and o Developing a system that has credibility to employees and the public. The commission discussed this issue at its Jlme 23rd meeting and considered five options for detemlining which employees the oversight system had jurisdiction over. It narrowed the options to the following two categories for City Council consideration. L.---.....--- C~te.g-;;ries of EmPl.~y~.~~__~(;~~~~d-- i 1) All EPD employees I I~__m_ I '.n. -----'Considerations .m.._______.__.~ I Simplicity and consistency in pr. ocedures within the department; however, it wouid create inconsistency among AFSCtv1E 1 represented employees and non-sworn, non- i represented employees City-wide; requires i negotiation wit!!.~y'~__bargaining units. --......J Maintains consistent, simple process for intake 1 and allows the auditor to be aware of and ! identify issues regarding investigation of all j employees; targets oversight resources on complaints that nonnally have highest liability and community interest. 2) Auditor's role would include complaint intake for aU EPD employees, access to all EPD records and ability to monitor all investigations; review board's authOlity is swom employees. Board would be kept apprised of all complaints through auditor's __g..uarterly n..'Ports. ...__.,._. Govemanf.~Jsstles Another key decision point for the Council's consideration is whether it will seek voter approval for a charter amendment to implement the model as proposed by the commission, and ifso, the timing for the election.. The commission considered the following points when deciding whether the oversight bodies should report directly to the City Council: o Costs and timing constraints to enable a November 2005 ballot initiative o Uncertainty ofthe election results may delay model implementation o Structural independence for the auditor may be necessary to make decisions that may not be othenvise supported by city management o Review board will become a governing body per the public records law and subject to open meetings requirements; other legal and contractual issues o Model may have more credibility with the public, but is not likely to gain the support of the police union o More potential for politicizing the complaint process if oversight entities report to elected otIicials o Tangential issues associated with modifying the current city manager/council form of government The commission agreed that the credibility of the oversight system required that it have stTIlctural independence and voted unmlimously to recommend that the City Council hire the auditor and appoint the citizen review board. 26