CC Minutes - 04/20/09 Public Hearing

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because the oversight system was independent and she believed requiring the auditor to check in with the City Attorney was in violation of that. She hoped the council would rectify its actions posthaste. Zachary Vishanoff , Eugene, Ward 3, asked if the council was willing to hold the record open for two weeks because he did not think the public was aware of the hearing. He questioned whether there was a willingness to solve the problem and said the public did not know about the existing rules for the Police Auditor, the proposed changes to the rules, the outstanding issues the PAORC might be reconvened to explore and the rationale for the recent censure of the Police Auditor. He felt the public hearing was premature because people had to testify about a moving target. He regretted that those providing testimony were not given five minutes to speak. He urged the council to keep the record open and asked if there would be a second hearing if the PAORC was reconvened. Majeska Seese-Green , Eugene, Ward 7, supported the strongest possible oversight system and urged unanimous adoption of the proposed ordinance amendments. She said the recent Taser case underscored the need for an oversight system, but had heard from many in the community that they had no faith in the current system. She said the PAORC process had some flaws, but the public process and strategies for keeping the public informed were good. She hoped that other groups would use that model. She expressed concern that the proposed amendments from PAORC would be revised without providing the public an opportunity to comment. Councilor Zelenka stated that he was a member of the PAORC and at each of its eight meetings the committee took public comment at the beginning and again at the end. He said if the PAORC was reconvened and recommended further ordinance amendments there would be another public hearing. Councilor Clark assured the public that there was no conflict between the council’s unanimous action with respect to the Police Auditor and the Charter. Pursuant to that action, he and Councilor Zelenka met with the Police Auditor in their role as direct supervisors. He noted that the independent auditor was independent of the City organization, the City Manager and the police department, but not independent of the council; the auditor was an employee of the council. The council’s action put in place supervisory guidelines and protocols for communications and day-to-day operations. He said the auditor was not required to gain the approval of the City Attorney, but there were instances in which the City Attorney acted as an agent of the council and the auditor was asked to work with the attorney to work out protocols in specific situations related to sharing information. Councilor Zelenka commented that the Police Auditor was asked to check in with the council on a specific matter of law, not the entire breadth of the Police Auditor’s duties and responsibilities. He closed the public hearing. 3. PUBLIC HEARING An Ordinance concerning Solid Waste Administrative Powers and Amending Section 3.250 of the Eugene Code, 1971. Councilor Zelenka opened the public hearing and reviewed procedures for providing testimony. Dee Ward , Andersen Lane, Eugene, Ward 7, agreed that there needed to be a solution to funding the City’s street maintenance and repair, but questioned why only garbage trucks were included in the surcharge and not business haulers that used residential streets such as Rexius, Lane Forest Products, medical suppliers, building suppliers, and home repair and freight delivery trucks. She said in addition, individual residents MINUTES—Eugene City Council April 20, 2009 Page 4 Public Hearing