Item 3A: Approval of City Council Minutes

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Chief Kerns, responding to a question from Mr. Polling, noted that the restrictions on the release of information to the public, regarding Internal Affairs restrictions, were imposed at the state level. Chief Kerns, responding to a comment from Mr. Polling, confirmed that the Internal Affairs investigation regarding the incident had been prompted solely by the EPD and not by anyone involved in the incident or any members of the community. Chief Kerns further noted that the EPD had received no official public complaint regarding the incident. Mr. Poling commended Chief Kerns and the EPD for their efforts to proactively respond to the incident and to any associated public concerns regarding the incident. Mr. Poling believed that the EPD’s actions regarding the matter indicated that City’s police oversight policies and practices were working well. Chief Kerns, responding to a question from Mr. Zelenka, restated that the Internal Affairs investigation had been initiated by Mr. Gissiner. Mr. Zelenka asked Mr. Gissiner to explain the processes the CRB used to investigate allegations of misconduct. Mr. Gissiner believed, according to his cultural interpretation of the person involved in the tasering incident, it was unlikely this person would file a complaint of his own accord, for which reason Mr. Gissiner had initiated the investigation into the matter when in fact the suspect had not done so. He hoped that the EPD Internal Affairs investigation and the associated CRB process would be completed relatively quickly and that the community and City leaders would show patience and understanding in that regard. Mr. Zelenka again asked Mr. Gissiner to describe the processes the CRB used to investigate allegations of misconduct. Mr. Gissiner responded that the CRB was empowered to classify, on the recommendation of the Police Auditor, investigations of misconduct as community impact cases. He noted he was not sure if the community impact designation process, as it was currently being used, was the most efficient manner in which to address investigations of misconduct. Mr. Gissiner, responding to a question from Mr. Zelenka, noted that the CRB did not set police policies, but rather made recommendations to the Police Commission regarding the same. Ms. Taylor believed the City Council should set police policies rather than the City of Eugene Police Commission. Ms. Taylor asked why the investigations regarding the Ian Van Ornum tasering incident had taken so long to complete. Chief Kern responded that the Van Ornum investigation had been unusually prolonged due to the fact that criminal charges had been associated with the suspect in that case and the review policy in effect at that time had been to suspend any investigations of misconduct until all associated criminal charges with the incident had been resolved. Mr. Gissiner added that he and his colleagues were determined to complete the investigation into the most recent tasering incident as quickly as possible. Mr. Gissiner, responding to a question from Ms. Taylor, commented that the CRB was currently comprised of mostly new members and that Kate Wilkinson was the only founding member currently serving on that committee. Ms. Taylor maintained that the number of new members considerably weakened the CRB. Ms. Piercy appreciated Chief Kerns’ and Mr. Gissiner’s comments and thanked them for the opportunity to ask them questions and provide feedback. She requested that they prepare comments for release to the public reflecting the information and comments they had just offered. MINUTES—Eugene City Council October 28, 2009 Page 2 Work Session