Item 6: Report to City Council from Police Auditor

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Executive Summary This is the Office of the Independent Police Auditor's annual report to the City Council covering January 1, 2012 to December 31, 2012. For detailed information about all aspects of our office, please visit our website at: http: / /www.eugene- or.gov /policeauditor The Office of the Independent Police Auditor (OPA) was established by charter amendment in 2005 to provide an external mechanism for the independent receipt, classification, and routing of complaints against sworn and non -sworn employees of the Eugene Police Department (EPD); contract for outside investigations when necessary; and provide monitoring of the EPD internal investigations of allegations of misconduct and supervisors' investigations of service complaints. The Charter Amendment also authorized the auditor to: make recommendations regarding adjudications, policies and training to the Police Chief; prepare reports concerning complaint trends and police practices; and act as a liaison and staff support for a civilian review board. The Police Auditor is hired and supervised by the Eugene City Council. Eugene has an oversight system based on the parliamentary model of oversight, in which a professional and experienced police oversight auditor is employed by the legislative branch, the City Council. Under the "parliamentary model," a greater separation of powers occurs, which is healthy for the oversight process. To enhance the system, Council appoints a civilian review board which gives a community perspective on the police complaints process. This combination creates a sound structure for police accountability when implemented effectively, fairly and without bias. What I think takes some complainants by surprise is that what starts as a community member complaint, becomes, in fact, an administrative investigation where the focus turns to the conduct of the involved officer. This shift is confusing to some as there is sometimes an expectation that the Auditor's office will be an advocate. This further emphasizes the need for all systems to be effective and vigorous, including but not limited to, attorneys, the courts, ACLU and other advocacy groups. We intake all complaints against police employees, including complaints generated internally. We independently, impartially and thoroughly monitor the investigation process; identify ways to improve the complaint process; provide recommendations to the police chief and police commission on policies, training and trends; and provide staffing and counsel to the civilian review board on cases and policy issues. Our office monitors the overall integrity and fairness of the administrative investigative process, and in the course of such examination, reviews how citizen complaints are investigated and resolved. Ordinance 20374, which enables Eugene's Civilian Review Board, requires the Board to "...prepare and present an annual report to the city council that: (a) Summarizes the civilian review board's activities, findings and recommendations during the preceding year; (b) Assesses the performance of the police auditor...; and, (c) Evaluates the work of the auditor's office, including whether the office is functioning as intended." [ORD 20374; 2.246 (7)] Eugene's Civilian Review Board (CRB) is designed to provide transparency and help ensure public confidence in the police complaint process. The Board evaluates the work of the independent Police Auditor, and reviews complaints to provide a community perspective about whether complaints are handled fairly and with due diligence. Their annual report is also available on the Police Auditor's website at: httr): / /www.eu2ene- or.2ov /policeauditor Office of the Police Auditor 2012 Annual Report 1 1