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HomeMy WebLinkAboutItem 5: An Ordinance Concerning the Police Commission and Amending Sections 2.013 and 2.368 or the Eugene Code ECC UGENE ITY OUNCIL AIS GENDA TEM UMMARY Public Hearing: An Ordinance Concerning the Police Commission and Amending Sections 2.013 and 2.368 or the Eugene Code Meeting Date: October 15, 2007 Agenda Item Number: 5 Department: Police Department Staff Contact: Linda Phelps www.eugene-or.gov Contact Telephone Number: 682-6308 ISSUE STATEMENT This is a public hearing regarding revisions to the Eugene Code related to the Police Commission. The ordinance would reduce the number of members of the commission from 13 to 12 and would formalize the relationship between the police auditor and the Police Commission. In addition, the role of the commission member appointed from the Civilian Review Board is also clarified. BACKGROUND As part of its 2007-2008 work plan, the Police Commission agreed to re-examine its role and structure in relation to the Auditor’s Office and Civilian Review Board to streamline processes and promote compatibility between the three entities. Council approved this work plan item on July 23, 2007 and asked the commission to address three issues in the Police Commission ordinance. 1) Discontinuation of the member recommended by the police chief. 2) The addition of language to the ordinance formalizing the relationship between the police auditor and Police Commission on matters of complaint trends that the auditor believes indicate a review of police practices or training methods may be warranted. 3) The addition of clarifying language regarding the role of the member appointed from the Civilian Review Board to the commission. At its July 23 work session, the City Council indicated support for a change to the ordinance to replace references to the “Citizen Review Board” to the “Civilian Review Board.” A discussion then followed regarding the replacement of all uses of the word “citizen” in the ordinance by another term. This option has been provided as an alternative choice for Council consideration. The proposed amendments to the ordinance (Attachment A) also reflect the Council’s desire to change the word “may” to “shall” when referring to periodic reports made by the Police Auditor to the Police Commission. As a matter of timing, the City Council is scheduled to appoint new members to the Police Commission at its October 22, 2007 meeting. Therefore, action on this ordinance has also been scheduled for October 22, the next meeting following this public hearing, so that the members appointed to the commission will fill 12 rather than 13 positions. RELATED CITY POLICIES Two of the City Council adopted vision and goals are relevant to this item: 1) Safe Community – a community where people feel safe, valued and welcomed. 2) Effective and Accountable Municipal Government – a government that works openly, collaboratively and fairly with the community to achieve measurable and positive outcomes. COUNCIL OPTIONS Following the public hearing, the City Council may: 1.Schedule action on the proposal for October 22, 2007. 2.Direct staff to amend the proposed ordinance and schedule action for a future meeting. 3.Direct staff to replace the word “citizen” in the ordinance with “community member” or another term of the City Council’s choice. 4.Take no action at this time. The proposed amendments to the ordinance concerning the Police Commission, amending sections 2.013 and 2.368 of the Eugene Code and attached as item “A” do not include the replacement of the word “citizen” with another word. The current language in the Eugene Code section 2.013 has many uses of the word “citizen.” City Council may want to consider a more comprehensive discussion about changing the use of the word “citizen” in section 2.013 and other areas of the City Code. However, as requested, the option is provided above as option 3, should City Council decide to make this change in wording for the Police Commission ordinance. CITY MANAGER’S RECOMMENDATION The city manager recommends that City Council adopt Option 1, above, which provides for council action on October 22, 2007. SUGGESTED MOTION No motion is proposed as this is a public hearing. ATTACHMENTS A. Proposed Ordinance Concerning the Police Commission and Amending Sections 2.013 and 2.368 or the Eugene Code FOR MORE INFORMATION Staff Contact: Linda Phelps Telephone: 682-6308 Staff E-Mail: linda.m.phelps@ci.eugene.or.us ATTACHMENT A ORDINANCE NO. ___________ AN ORDINANCE CONCERNING THE POLICE COMMISSION AND AMENDING SECTIONS 2.013 AND 2.368 OF THE EUGENE CODE, 1971. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The Police Commission entry set forth in the table in Subsection (1) of Section 2.013 of the Eugene Code, 1971, is amended to provide: 2.013 City Council - Boards, Commissions and Committees. (1) Except for boards, commissions or committees established pursuant to ordinance, state statute, or intergovernmental agreement, the following are the presently constituted boards, commissions and committees of the city with the number of members and names of the appointive authority indicated thereafter, together with the term and the authority for such board, commission or committee: Police Commission No. of Members: 2 city councilors 1 member from the human rights commission 1 member from the [citizen] civilian review board, [if in existence] [1 member recommended by the police chief] 8 citizens Appointment Process: Mayor nominates, council appoints Term: City councilors, human rights commission member, [citizen] civilian review board member, [member recommended by police chief,] during their respective terms. 4 years - citizen members[*] Authority: EC 2.368 [*Of the terms of the citizen members commencing in 1998, four shall be appointed for a four year term and four shall be appointed for a three year term.] Ordinance - 1 Section 2. Section 2.368 of the Eugene Code, 1971, is amended to provide: 2.368 Police Commission. (1) Created. The police commission is hereby created to act as an advisory body to the city council, city manager, and police chief regarding police policy issues. (2) Membership. The commission shall have [13] 12 members, consisting of two city councilors, one member who is also a member of the human rights commission, one member who is also a member of the [citizen] civilian review board, [if in existence, one member recommended by the police chief,] and eight citizen members selected from the public so as to represent a diverse range of interests and experiences with due regard to the geographic distribution of the membership. [If the citizen review board is not in existence, the commission shall consist of 12 members.] The citizen members of the commission shall be selected from, but are not limited to, several but not necessarily all of the following groups: youths, students of the University of Oregon and Lane Community College, persons with a demonstrated interest in law enforcement, social services providers, educators, members of community or neighborhood groups, persons engaged in private business, persons with a diversity of ethnic and cultural affiliations, and persons with diverse economic backgrounds and interests. (3) Appointment and Terms of Office. Members shall be nominated by the mayor and appointed by the council. The eight citizen members shall serve for four-year terms, except for the first appointees who shall serve for the following terms[: four members shall be appointed initially for three-year terms, and four members shall be appointed initially for four- year terms]. The councilor members shall be appointed annually as part of the process for appointing elected officials to other committees, and shall serve during their terms as councilors. The members from the human rights commission[, citizen] and civilian review board[, and the member recommended by the police chief] shall serve during their term on such commission, committee or board, or for four years, whichever is less. In any event, all members shall be limited to two consecutive terms. A vacancy shall be filled in the same manner as original appointments, and the appointee shall hold office for the remainder of the unexpired term. A member who is absent for more than three consecutively scheduled meetings without having been excused by the chair of the commission may be removed by the council and the vacancy filled. (4) Powers and Duties. (a) In general, the police commission exists to work toward the following outcomes for the community: 1. To increase communications between police and the community, leading to a greater understanding of the Ordinance - 2 preferred policing alternatives for this city; 2. To identify police policy and resource issues related to preferred policing alternatives; 3. To decrease misunderstandings regarding the nature of adopted police policies, practices and approaches; 4. To provide input on police policies and procedures that reflect community values; and 5. To assist the city council in balancing community priorities and resources by advising it on police resource issues. (b) The police commission shall develop a mission statement and a yearly workplan, to be reviewed and approved by the city council, which will articulate how the listed outcomes will be achieved. (c) In seeking to accomplish its mission, the police commission may: 1. Review and make recommendations on police policies, practices and priorities for consistency with community values; 2. Provide input on service and resource needs for community safety; 3. Work on police-related projects as directed by the council; and 4. Provide a forum for addressing public concerns related to police policies and practices. (d) The police commission shall not undertake the review of allegations and inquiries related to the actions of individual police officers. (e) The police commission shall receive periodic reports from the police auditor regarding complaint trends that the auditor believes indicate a review of police practices or training methods may be warranted. (f) The member appointed from the civilian review board shall assist in redirecting any complaints received about employee conduct to the auditor’s office and in reporting on issues raised during the course of the civilian review board’s work pertinent to police policy and practices. (eg) The member appointed from the human rights commission shall serve as a liaison to that commission in monitoring police policy issues that are or may generate community concern. Section 3. The City Recorder, at the request of, or with the concurrence of the City Attorney, may administratively correct any reference errors contained herein, or in other provisions of the Eugene Code, 1971, to the provisions added, amended, or repealed herein. Ordinance - 3 Passed by the City Council this Approved by the Mayor this ____ day of _____________, 2007 ____ day of _____________, 2007 ____________________________ ____________________________ City Recorder Mayor Ordinance - 4