Item 6: Report to City Council from Police Auditor

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The distribution of sustained allegations of misconduct among employees, as opposed to complaints (which may be unfounded) is addressed below. Allegations A complaint is classified as an allegation if it alleges serious misconduct. There are two main categories of allegations: allegations of criminal conduct (where the actions alleged, if found to be true, would constitute criminal conduct by an employee) or allegations of misconduct (where the actions alleged constitute a major rules violation, including excessive force that causes physical injury or egregious acts of disparate treatment). Criminal Conduct During 2012, the Auditor's office received eight complaints that were classified as allegations of criminal conduct. Five of those investigations are still ongoing; as ongoing criminal investigations, we cannot comment on them here. One complaint alleged that a former employee was involved in a crime several years ago. As the employee is no longer an EPD employee, we were required to dismiss the complaint. However, we forwarded the complaint and information to the District Attorney for follow up. Another complaint was forwarded to our office from the Lane County jail; an inmate there alleged that EPD employees used excessive force against him and touched him inappropriately. The complaint was investigated by an EPD supervisor; our office reviewed the investigation to ensure it was thorough, fair, and complete. The investigation uncovered no evidence to support the allegation that officers committed any criminal acts against the reporting party. Our office agreed with EPD that no further administrative investigation was necessary. The investigation was also reviewed by the District Attorney, who declined to prosecute based on the lack of evidence. The District Attorney further elaborated that "all indications are that [the officers] performed their duties with the professionalism we expect of all our law enforcement." A third complaint was received by EPD, who notified our office and assigned the case to Oregon State Patrol to investigate. Our office reviewed the investigation to ensure it was thorough, fair, and complete. The investigation revealed nothing to support the claim that the employee had committed any criminal act. Our office agreed with EPD that no further administrative investigation was necessary, and the complaint was closed as unfounded. Misconduct In 2012, the Auditor's office received 35 complaints (from both internal and external sources) alleging serious misconduct. Most allegations were related to use of force, followed by conduct, performance, 16 1 Office of the Police Auditor 2012 Annual Report