Item 3A: Approval of City Council Minutes

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official complaint against a City Council employee, interim Police Auditor Dawn Reynolds. He stated that in accordance with EC 2.400(1), he filed an official complaint against Ms. Reynolds on April 10, 2009, in his capacity as an Executive Board member of the EPEA on behalf of the EPEA President. He had been notified by City Attorney Glenn Klein that the initial determination of the complaint was that it fell outside the scope of the council’s formal complaint process. He averred that Mr. Klein’s conclusion was that the complaint involved an allegation of misconduct but was not one that involved a violation of federal, state, or local laws. Because of this, he said, the council would not take further action under EC 2.400 through 2.412. He had been perplexed by this finding and the council’s lack of action. He asserted that the complaint dealt with retaliatory measures against the EPEA president due to his union affiliation. He asked how they could know for a fact that no violation of the laws had occurred without a formal and professional investigation into the evidence. He stated that the process had apparently come to an end and he was now before the council in accordance with EC 2.400(2) which stated that any complaints that do not allege a violation of law shall not be considered by the council as part of this process but may be presented by a complainant to the City Council at its Public Forum. He asked the council to please consider his presentation as a formal complaint of an allegation of misconduct against interim Police Auditor, Dawn Reynolds, under EC 2.400(2). He provided the specific complaint in writing. He thanked the council for its time in dealing with the matter. Michael Quillin , 2735 Kismet Way, Ward 8, expressed dismay that the Police Chief had decided to adopt a taser policy. He believed it was premature to make this decision without having consulted with the Police Commission and the public at large. He opined that this was akin to the former chief’s determination that no misconduct had occurred when a protester had been tased while allegedly resisting arrest in 2008. He reiterated the invitation to the town hall meeting on tasers. Randy Prince , P.O. Box 927, requested that the City conduct a thorough review of zoning in light of new hazard information that may have been received over the preceding ten years. He said the relevance of this had to do with how they might acquire the Beverly property and what it might cost. He felt that it would also call to question how legally defensible the siting of critical facilities might be if they were in flood zone areas that were not developable before the dams had been constructed; dams, he asserted ,were now recognized to be seismically “under-engineered.” He believed the Goal 7 process was required for the City. He averred that “after some landslides killed people in Oregon,” the legislature revised Goal 7 so that when new hazard information came in, the zoning was to be “looked at.” He said Part B of the law included a description of how the state was supposed to collect the information and then order counties to do things. He alleged that the state had never done this and the Legislature had held hearings to find out why this was not happening. He believed that if information was known, the City would be required to follow the goals in Part A. He asserted that the Beverly property was in a landslide zone and should be rezoned. Zachary Vishanoff , Ward 3, said a public hearing on the “big O” on Autzen Stadium was being held at 1:00 p.m. on May 13. He related that someone had challenged it, adding “more power to them.” He opined that the ‘O’ was too big and was not legal. He appreciated that the hearing had been added to the Public Meetings Calendar. He asked if Councilor Clark would be available on July 10 or July 17 to participate in a City Club discussion on the possible use of the EWEB headquarters building as a City Hall. He indicated that he would welcome participation from the other councilors or the Mayor as well. Mayor Piercy closed the Public Forum. Councilor Ortiz thanked everyone for sharing their thoughts. She indicated that she had gone on a police ride-along and had also participated in the Citizens’ Police Academy. She encouraged all of her colleagues to do the same, adding that she wished the councilors could learn about all City services in the same way. Councilor Clark agreed that North Eugene needed more parks. He said he also had participated in the citizens’ academy during his tenure on the Police Commission. He had gone on a ride-along but believed he should go on another. Regarding Mr. Humphrey’s official complaint, he asked the City Manager to suggest the next responsible steps having heard the complaint based on the ordinance. MINUTES—Eugene City Council May 11, 2009 Page 2 Regular Meeting