CC Minutes - 03/13/06 Work Session

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tion as to who would be included in the community group to meet with candidates; however, he said that the City Council should also be invited to recommend individuals and ultimately validate such a list. Ms. Bettman, seconded by Mr. Kelly, moved to direct the City Manager to enter into a Memorandum of Understanding (MOU) with the Police Auditor ensuring that the Police Auditor shall have a decisive role in the hiring, supervising, evaluating, or transferring of staff for the Auditor’s Office. Further; that the MOU shall be signed by both parties within two weeks of the Police Auditor’s hiring date. Ms. Bettman explained that the Police Auditor may not wish to terminate an individual; rather, he/she may want to transfer the individual out of that particular office. She then pointed out that a review of the Police Commission report, the background material for the ballot measure, and the rebuttal from the proponent committee in the Voter’s Pamphlet ascertained that all complaints would be received in the Auditor’s Office, and that the public was promised that the Auditor’s Office would be independent. She read the following from the pamphlet: Our Police Commission unanimously recommends an external review system that ensures structural independence by separating police review from the City Manager. She then read the following from the Charter Amendment: The auditor would be providing staff to the Civilian Review Board (CRB) and the CRB would review the function of the Auditor’s Office. In conclusion, Ms. Bettman pointed out that the auditor’s staff would ensure the independence of the office so it was essential that the auditor have some leverage with those employees. City Manager Taylor expressed support for the substance of the motion and said that he was willing to meet with the auditor to work out a reasonable accommodation, taking into account what the City Charter dictates, the existing personnel policies, and labor agreements. However, he voiced a concern with the language to “direct” the City Manager, and questioned what constitutes a “decisive” role. Additionally, City Manager Taylor suggested that a four-week timeline to craft and sign an MOU, rather than two weeks, may be more prudent in light of the fact that the auditor would face a significant learning curve as he/she becomes oriented to the position and the community. City Attorney Glen Klein commented that “decisive” could be interpreted in such a way that the auditor would make staffing decisions and the City Manager would be bound by those decisions, or, it could be interpreted that the auditor would have a significant role and therefore the City Manager would need to take into account the auditor’s recommendations. City Attorney Klein pointed out that in conformance with the City Charter, it was the City Manager who hires staff; however, the manager could take input from his/her department directors. He said that an MOU was not problematic but while the auditor’s role would be significant, it would not provide direction to the City Manager. Mr. Pryor expressed support for an MOU; however, he opined that “decisive” was not a commonly encouraged human resource term, as it could be interpreted in various ways. He stressed that caution must be exercised with components involving human resources, pointing to the significant number of court cases around employee relations. Mr. Pryor suggested that the language for the MOU be based upon clarity of the relationship between the City Manager and the auditor, and that a review of best practices would be a prudent step prior to any action taken by the council. Mr. Kelly said that council support of such an MOU should be viewed “philosophically” rather than legally. He opined that if the council philosophically directed the City Manager, it was appropriate as he was the council’s employee. Mr. Kelly said he would support the motion with the understanding that reasonable people could work out a reasonable process. MINUTES—Eugene City Council March 13, 2006 Page 5 Work Session