Item A: Quarterly Police Auditor Briefing

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Our process to provide the public with printed material of police department administrative investigations would include redacting individual names and places so that the individual identities are more easily protected. In the attachments are nine opinions of the City Attorney’s office related to the development and implementation of the model of civilian oversight in Eugene. Four of these opinions are particularly pertinent to the discussion we had concerning closed case public records and bargaining issues at the last meeting: City Attorney Opinion dated March 1, 2005 [Pages 49-53 in attachment] • Attorney opinion on impact of the Public Employees Collective Bargaining Act on civilian review. City Attorney Opinion dated June 7, 2005 [Pages 36-45 in attachment] • Attorney opinion on legal issues related to Eugene’s model of civilian oversight City Attorney Opinion dated July 8, 2005 [Pages 31-35 in attachment] • Attorney opinion on legal issues related to Civilian Review Board requiring reopening of closed case investigations. City Attorney Opinion dated June 29, 2006 [Pages 23-28 in attachment] • Attorney opinion on legal issues related to Civilian Oversight Ordinance Framework and Mandatory Subjects of Bargaining. Of the four the opinion dated June 7, 2005 provides the best overview. Below we have also listed the Oregon Statutes and court rulings cited in these opinions. Statutes relating to issues of public records • Oregon Public Meetings Law ORS.192.610(3); ORS.192.501(12); ORS.192.630(1)(3) o ORS 181.854 (most recently brought to our attention) o Court rulings relating to issues of public records •City of Portland v. Rice, 308 Or 118, 775 P2d 1371 (1989) •City of Portland v. Anderson, 163 Or App 550, 998 P2d 402 (1999) •City of Portland v. Oregonian Publishing Co., 2005 WL 1283302 Statutes relating to issues of collective bargaining • Public Employees Collective Bargaining Act PECCBA, ORS 243.650 through 243.782 o 243.672 (1)(e); 243.656; 243.650(7) (a-f) Rulings relating to issues of collective bargaining •OPEU v. State of Oregon, ERB UP-71-93, 14 PECBR 746 (1993) •Assoc of Oregon Corrections Employees v State of Oregon, ERB UP-91-93, 14 PECBR 832 (1993)