Item 2A: Approval of City Council Minutes

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Councilor Clark agreed. He felt the bill was a fourth amendment invasion and went beyond a reasonable scope. Councilor Poling underscored that the bill only required such testing in very limited situations. He averred that all it did was expand the current law. He reiterated that a Drug Recognition Expert with many hours of training would be brought in to assess a person before the decision to require such testing would be made. He said the bill would institute the same penalty that was required by law for a person who refused a breathalyzer test. Roll call vote; the motion passed, 5:2; councilors Clark and Taylor voting in opposition. House Bill 2428 – Increases the penalty for assault in the third degree if the defendant commits the assault by means of a motor vehicle and was driving while under the influence of intoxicants. Councilor Zelenka, seconded by Councilor Clark, moved to adopt a Priority 3 Support position on House Bill 2428. Councilor Taylor did not believe the penalty should be worse than the penalty for any other assault in the third degree. Roll call vote; the motion passed, 5:2; councilors Taylor and Brown voting in opposition. Senate Bill 29 – Clarifies that a county, city, or metropolitan service district may adopt an instant runoff voting system for nomination or election of candidates to county, city, or metropolitan service district offices. Councilor Zelenka, seconded by Councilor Clark, moved to direct staff to monitor Senate Bill 29. Councilor Taylor wanted to support the bill. She recalled that this approach was recommended by the Charter Review Committee. She said it was the process used by the whole country of Australia. Councilor Clark felt that the bill would make things more difficult. Councilor Clark, seconded by Councilor Poling, moved to amend the motion to adopt a Priority 3 Oppose position on the bill. Roll call vote; the motion failed, 5:2; councilors Poling and Clark vot- ing in favor. Mayor Piercy supported monitoring the bill. Roll call vote; the motion passed, 4:3; councilors Taylor, Clark, and Ortiz voting in opposition. Senate Bill 422 – Increases the penalty for driving with a suspended or revoked license. Councilor Zelenka, seconded by Councilor Clark, moved to adopt a Priority 3 Oppose position on Senate Bill 422. Councilor Poling related that there were concerns voiced by the Municipal Court judge and his staff about imposing mandatory jail time if it could not be enforced, given the lack of jail space. He said his view was that they were planning for the future; if “some day some miracle happened” and the City and County had enough jail space, people needed to be held accountable for their crimes. He stated that there were nearby communities that had the capacity to hold people accountable for the crimes they committed. Councilor Ortiz supported the staff recommendation to oppose the bill because of the inability to keep people in jail. MINUTES—Eugene City Council February 23, 2009 Page 11 Regular Meeting