Item B: Civilian Review Board Annual Report

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October – The Board reviewed Eugene’s first community impact case during a public meeting at the downtown library. Six Board members participated. Ann Marie Lemire resigned from the Board shortly before the meeting and did not participate. For several hours, the Board members reviewed, discussed and debated numerous aspects of the internal affairs investigation and report. The Board considered witness interviews, as well as interviews with the involved police officers and video of the events. By a 4-2 vote, the majority of the Board concurred with the Chief that the allegations of use of force/use of the Taser were within Policy. On October 26, 2009, the Board held an additional meeting to discuss and de-brief the Community Impact case and to provide a forum for public comment on the case. The Council voted not to re-appoint Board Chair Richard Brissenden to an additional term. November – Eric Van Houten and Steven McIntire join the Board. Kate Wilkinson is elected chair. The Board discussed the Auditor’s decision not to classify the Chinese student case as a community impact case. December – In an effort to accommodate City Council members who might wish to attend meetings, the Board changed its evening meeting time to the second Tuesday of the month. The case review in December involved use of force, property seizure and handling, and mental health crisis response issues. The majority of the Board agreed with the finding that the use of force allegations were unfounded. The review highlighted areas of concern around mental health response/community caretaking and the need for clarification and caution in those areas. Overall 2009 Board Summary of Case Reviews During 2009, the Board performed 8 case reviews. Issues of concern highlighted by those reviews included: Search and Seizure issues – Need for increased and better EPD training on probable cause requirements and clear evidence of a consent to search in the absence of a warrant. Community care-taking doctrine - Need for better understanding of when this doctrine is applicable and the limitations on the use of the doctrine. Need for better communication to citizens when the doctrine is used as the basis for a search, warrantless entry into a home, or detention of persons. Use of the Taser – Continued concerns regarding use of the Taser as a pain compliance tool, and a need for refinement of department practices regarding Taser use on mentally ill subjects.