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HomeMy WebLinkAboutResolution No. 4949 -=~=- COUNCIL RESOLUTION NO. 4949 A RESOLUTION CALLING A CITY ELECTION ON NOVEMBER 4, 2008 FOR THE PURPOSE OF REFERRING TO THE LEGAL ELECTORS OF THE CITY OF EUGENE A MEASURE AMENDING SECTION IS-A. EXTERNAL REVIEW OF POLICE, .OF THE EUGENE CHARTER OF 2002. PASSED: 7/1 REJECTED: OPPOSED: Solomon ABSENT: RECUSED: CONSIDERED: July 14, 2008 RESOLUTION NO. 4949 A RESOLUTION CALLING A CITY ELECTION ON NOVEMBER 4, 2008 FOR THE PURPOSE OF REFERRING TO THE LEGAL ELECTORS OF THE CITY OF EUGENE A MEASURE AMENDING SECTION IS-A. EXTERNAL REVIEW OF POLICE, OF THE EUGENE CHARTER OF 2002. The City Council of the City of Eugene finds that: A. At an election held on November 8, 2005 the electors of the City of Eugene approved an amendment that added Section 15-A to the Eugene Charter of 2002. That section provides for the external review of the City's police and Subsection (1) authorizes the City Council to hire, supervise and specify the salary of an independent police auditor and Subsection (2) authorizes the City Council to appoint a civilian review board. The City Council has hired an independent police auditor and has appointed a civilian review board. B. Both Subsections (1) and (2) of Section 15-A contain the phrases: "The city council is authorized to * * *" and "the city council may authorize * * *." The City Council has determined that a proposed amendment to Section 15-A of the Eugene Charter of2002 should be referred to the electors of the City which would in both instances replace that language in both Subsections with the mandatory phrase: "city council shall * * *." NOW, THEREFORE, based upon the above findings, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EUGENE, a Municipal Corporation of the State of Oregon, as follows: Section 1. A city election is called for the purpose of submitting to the qualified electors of the City a Measure amending Section 15-A. External Review of Police, of the Eugene Charter of 2002 (deleted language shown in strikeout and new language in bold italics) to provide as follows: Section 15-A. External Review of Police. (1) The city council [is authorized to] shall hire, supervise and specify the salary of an independent police auditor to oversee investigations of complaints involving police employees. Notwithstanding section 16 of this charter, the city council [may] shall authorize the auditor to: (a) receive, classify and route complaints about sworn police officers and civilian police employees; (b) contract with persons or entities to perform outside investigations of such complaints; (c) monitor the city's internal investigations, including but not limited to access to all evidence developed as part of the investigation and participation in investigative interviews related to such complaints, and require the city to undertake additional investigation; (d) make recommendations to the city manager or designee following the investigation; ( e) prepare reports on complaint Resolution - 1 trends and police practices in general; and (f) act as a liaison to and provide staff support for the civilian review board. (2) The city council [is authorized to] shall appoint a civilian review board of not more than seven members to review investigations of complaints involving sworn police officers. Notwithstanding section 16 of this charter, the city council [may] shall authorize the civilian review board to: (a) review the completed investigation and adjudication of complaints filed against sworn police officers; (b) require that the city re- open an investigation; (c) provide comments on an investigation, including recommendations to the independent police auditor, city manager or designee about the investigation; (d) review trends and statistics of complaints against sworn police officers and civilian employees, and provide reports and recommendations to the city council; and (e) oversee and evaluate the work of the independent police auditor. Section 2. The City Council orders this City election to be held in the City of Eugene, Oregon, concurrently with the general election on the 4th day of November, 2008, in accordance with the provisions of Chapter 254 of the Oregon Revised Statutes, and the ballots shall be counted and tabulated and the results certified as provided by law. Section 3. The City Recorder is directed to give not less than ten days' notice of the City election by publication of one notice in the Register Guard, a newspaper published in the City and of general circulation within the City. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution adopted the 14th day of July, 2008. -~ it 0 der 00199123.DOC;1 Resolution - 2