Item 4: Police Auditor Ordinance Revisions

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(3) The police auditor shall participate in use of force review boards. (4) All case adjudication and employee discipline decisions shall be made by the chief of police. The police auditor may develop adjudication recommendations, but is not authorized to recommend the level of discipline for police employees. (5) Except as provided in this subsection (5), the auditor shall treat an allegation against the police chief the same as a complaint against a police employee. For purposes of this subsection, an “allegation” is a report or claim that the police chief of police has committed a crime, violated any provision of sections 2.240 to 2.246 or 2.450 to 2.456, violated a person’s civil rights, or failed to perform the police chief’s non-administrative duties in accordance with applicable professional law enforcement standards, including those duties normally associated with applicable to Eugene’s sworn officers. (a) If the auditor receives an allegation against the police chief, the auditor shall notify the city manager and shall classify the allegation and determine whether further investigation is necessary in order to ascertain material facts concerning the allegation. (b) If the auditor determines that further investigation is necessary, the auditor shall refer the allegation to the city manager, who shall conduct or arrange for an investigation in a timely fashion on terms that allow the auditor to actively monitor the investigation to the same extent as provided in subsections (2)(d) and (2)(e) of section 2.456 for investigations of other complaints. (c) The city manager shall inform the auditor of the city manager’s decision on the allegation and provide a written rationale for the decision in a timely fashion. (a) If the auditor receives an allegation against the chief of police, the auditor shall forward a copy of the allegation to the city manager. The city manager shall notify the council, and investigate the allegation. The manager shall keep the auditor informed of the progress of the investigation. (b) Upon completion of the investigation, but prior to the finalization of the investigation report, the city manager shall provide the auditor with a draft of the report. The auditor shall review the draft report and provide comments about the draft to the manager within seven days of receiving the draft. The manager shall consider any comments received from the auditor and finalize the report within seven days. Once the city manager issues a decision on the allegation, the manager shall inform the council of the manager’s decision related to the allegation. Ordinance - Page 4 of 9