Item A: Quarterly Police Auditor Briefing

Home Browse Search

Civilian Review Board Kate Wilkinson, Chair 800 Olive Street Tim Laue, Vice Chair Eugene, Oregon 97401 Bernadette Conover (541) 682-5005 Snell Fontus (541) 682-5599 FAX Marisa Mendoza www.eugene-or.gov Steve McIntire Eric Van Houten April 5, 2010 Mr. John Kroger, Esq. State of Oregon Attorney General Oregon Department of Justice 1162 Court Street NE Salem, Oregon, 97301 Dear Attorney General Kroger: On behalf of the City of Eugene Civilian Review Board (CRB) we are writing to seek clarity on issues involving the release of records to the public in investigative complaint cases reviewed by the CRB. As Eugene considered the development of a model for civilian oversight, the concept of transparency was one of the primary principles emphasized. Legal opinions used in the development and implementation of the model clearly indicated that by choosing a “closed case” form of review the CRB could discuss and make available investigative files in cases that were found to be “unfounded,” “within policy” or “not sustained” and where no discipline was imposed. The CRB is covered under four governing layers: by City Charter, by Council Ordinance, by a Labor Contract with the Eugene Police Employees Association (EPEA) and by collectively bargained protocols between the City, the Police Auditor and the EPEA. The goal was to have those records made publicly available to show the “thoroughness, completeness and absence of bias” in the complaint investigation. Or, on the other hand, to indicate where the Board felt the investigations did not meet those same standards. Now we are informed by the Eugene City Attorney that such is not the case, citing another statute that was not considered at the time the Council put the initial charter amendment before the community. Nor was the Council informed of the implications of the statute at the time. In part, that letter from the Eugene City Attorney’s office to the CRB states: “In sum, between ORS 181.854 and 192.501(12), unless an exception applies, records related to a personnel investigation of a public safety officer are exempt from disclosure, whether or not discipline is imposed.”