HomeMy WebLinkAboutItem 4: Appointments to Civilian Review Board
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action: Appointments to Civilian Review Board
Meeting Date: April 9, 2007 Agenda Item Number: 4
Department: Police Auditor Staff Contact: Cristina Beamud
www.eugene-or.gov Contact Telephone Number: 682-5005
ISSUE STATEMENT
This item is to propose the selection of a five-member Civilian Review Board and to appoint members
to this new board.
BACKGROUND
City Council Ordinance Number 20374 was adopted on December 13, 2006, establishing the authority
and parameters of the work to be performed by the Civilian Review Board and the Police Auditor. The
ordinance authorizes the City Council to appoint a five- or seven-member board. As per the ordinance,
the members of the board are to be residents of the city, 18 years or older and able to pass a background
investigation. The following characteristics should be considered by the council when appointing
members to the board.
1.A demonstrated ability to be fair, impartial and unbiased;
2.An absence of any real or perceived bias, prejudice or conflict of interest;
3.A record of community involvement;
4.An ability to build working relationships and communicate effectively with diverse groups; and
5.A demonstrated commitment to the purpose of the ordinance.
Recruitment began on January 1 and closed on January 31, 2007. Thirty-nine applications were
received. Members of the council received copies of the applications. Nine individuals were
recommended by the Mayor’s Screening Committee. The council interviewed fifteen candidates on
March 7. In order to organize the appointment of board, a preliminary poll was conducted to determine
whether the council would appoint five or seven members. The preliminary poll indicates that at least
five councilors are in favor of appointing five members, thus there is a motion to appoint five members
to the Civilian Review Board. The council may elect to begin with five members and enlarge the board
at a later date.
The second matter for consideration is the appointment of members to the board. If the council appoints
five members to the board, three of the members will be for a two-year term and two of the members
will be for a three-year term. If there is a seven-member Civilian Review Board, four members will
have a two-year term and three members will have a three-year term. In order to be consistent with
established City practice, the terms will begin on November 1 and end on October 31. The initial
appointments will be adjusted accordingly.
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RELATED CITY POLICIES
The Civilian Review Board serves as an advisory body to the City Council and the Police Auditor. This
is consistent with the principles of community policing and government accountability.
COUNCIL OPTIONS
The City Council may
1.Create five positions on the Civilian Review Board.
2.Create seven positions on the Civilian Review Board.
3.Appoint the applicants who have been nominated, or
4.Appoint applicants from the pool;
5.Designate the length of each appointment to the Civilian Review Board. If five members; two years
for three initial members and three years for two initial members. If seven members; two years for
four initial members and three years for three initial members.
CITY MANAGER’S RECOMMENDATION
The City Manager has no recommendation on this item; the appointments are made by the council.
SUGGESTED MOTIONS
1.Move to establish five positions for the Civilian Review Board.
2.Move to appoint Ann Marie Lemire to Position 1 on the Civilian Review Board for a term
beginning April 10, 2007, and ending October 31, 2010.
3.Move to appoint ____________ to Position 2 on the Civilian Review Board for a term beginning
April 10, 2007, and ending October 31, 2010.
4.Move to appoint ____________ to Position 3 on the Civilian Review Board for a term beginning
April 10, 2007, and ending October 31, 2009.
5.Move to appoint ____________ to Position 4 on the Civilian Review Board for a term beginning
April 10, 2007, and ending October 31, 2009.
6.Move to appoint ____________ to Position 5 on the Civilian Review Board for a term beginning
April 10, 2007, and ending October 31, 2009.
ATTACHMENTS
A. Ballots for Appointment
B. Ordinance # 20374
FOR MORE INFORMATION
Staff Contact: Cristina Beamud
Telephone: 682-5005
Staff E-Mail: Cris.Beamud@ci.eugene.or.us
L:\CMO\2007 Council Agendas\M070409\S0704094.doc
ATTACHMENT A
Summary of Ballots for Civilian Review Board
Richard Brissenden Appoint: AO, AZ, BB
John Brown Appoint: GAP, JS, CP, MC
John Norton Cabell Appoint: GAP, JS, CP, MC
David Holloman Appoint: MC,
Michael Hurley Appoint: MC,
Arnold Ismach Appoint: BT, AZ
Mark Johnson Appoint: GAP, JS, CP, MC
Munir Katul Appoint: AO, AZ, BT, BB
Anita Kennedy Appoint: GAP, JS, AO, CP,
Ann Marie Lemire Appoint: GAP, JS, AO, CP, AZ, BT, BB
Timothy Mueller Appoint: BT, BB
David Murphy Appoint:
Phyllis O’Neill Appoint:
Robert Richards Appoint: AO,
Kate Thompson Appoint: BT, AZ, BB
ORDINANCE NO. 20374
AN ORDINANCE CONCERNING THE POLICE AUDITOR
AND CIVILIAN REVIEW BOARD; AMENDING SECTION
2.013 OF THE EUGENE CODE, 1971; ADDING SECTIONS
2.240, 2.242, 2.244, 2.246, 2.450, 2.452, 2.454 AND 2.456
TO THAT CODE; AND PROVIDING AN EFFECTIVE DATE
FOR IMPLEMENTATION.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1.
Subsection (1) of Section 2.013 of the Eugene Code, 1971, is
amended by adding the following entry for “Civilian Review Board” in alphabetical order
therein, to provide as follows:
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:
Civilian Review Board
No. of Members: 5 or 7 Members
Appointment Process: Council appoints
Term: 3 years, except for initial members,
which shall be:
If 5 members:
2 years for 3 initial members and
3 years for 2 initial members
If 7 members:
2 years for 4 initial members and
3 years for 3 initial members
Authority: EC 2.240
Section 2.
Sections 2.240, 2.242, 2.244 and 2.246 are added to the Eugene
Code, 1971, to provide as follows:
Ordinance - 1
2.240 Civilian Review Board – Established.
(1)
There is hereby established a civilian review board of not to exceed
seven members, whose goal shall be to increase the transparency of,
and public confidence in, the police complaint process. In general, the
civilian review board shall evaluate the work of the independent police
auditor, and may review completed complaint investigations involving
sworn police employees to provide comment, from a civilian
perspective, about whether the complaint was handled fairly and with
due diligence.
(2)
It is intended that sections 2.240 through 2.246 and 2.450 through
2.456 will provide a system of independent oversight of the police
complaint process and implement section 15-A of the Eugene Charter
of 2002 as adopted by the city electorate on November 8, 2005.
(3)
Except where the context requires otherwise, the definitions contained
in section 2.452 of this code govern the words and phrases used in
sections 2.240 through 2.246 of this code.
(4)
The civilian review board shall serve as an advisory body to the city
council.
2.242 Civilian Review Board – Qualifications and Appointments.
(1)
Qualifications.
(a) Members of the civilian review board shall be volunteers
appointed by the city council, who immediately prior to
appointment shall be:
1. A resident of the city;
2. Of the age of 18 years or older; and
3. Able to pass a background investigation consistent with
investigations conducted for other city volunteers who have
similar access to police records and/or facilities.
(b) The following characteristics shall be considered by the city
council when appointing members to the civilian review board:
1. A demonstrated ability to be fair, impartial and unbiased;
2. An absence of any real or perceived bias, prejudice or
conflict of interest;
3. A record of community involvement;
4. An ability to build working relationships and communicate
effectively with diverse groups; and
5. A demonstrated commitment to the purpose of sections
2.240 through 2.246 and 2.450 through 2.456.
(c) Appointments to the civilian review board shall not be made on
the basis of constituency or representation of any particular group.
A candidate selection process that includes a community panel to
review applications and recommend qualified candidates for city
council consideration shall be developed by the mayor, in
Ordinance - 2
consultation with the police auditor, to help achieve a balanced
membership.
(d) Members of the civilian review board shall neither be a current
employee of the city nor an immediate family member of a current
city police employee.
(e) Civilian review board members shall participate in a training
program to be developed by the police auditor.
(f) Members of the civilian review board shall agree in writing to a
Statement of Principles and Code of Conduct, to be developed by
the police auditor and reviewed and maintained in collaboration
with the civilian review board.
(g) It is the intent that civilian review board members be free from
personal liability for acts taken within the course and scope of
carrying out their official duties and functions. The city will
therefore defend and indemnify members to the maximum extent
permitted under the Oregon Tort Claims Act and other applicable
law.
(2)
Terms and Vacancies. Initial appointments shall be staggered as
follows: If there are seven (7) members appointed, four (4) members
shall be appointed to serve for two (2) years and three (3) members
shall be appointed to serve for three (3) years; if there are five (5)
members appointed, three (3) members shall be appointed to serve for
two (2) years and two (2) members shall be appointed to serve for three
(3) years. Except for the initial appointment, the term of each member
of the civilian review board shall be three (3) years. No member shall
serve more than three (3) consecutive terms. A vacancy that occurs
during the term of a member shall be filled in the same manner as the
original appointment, and the appointee shall serve for the remainder of
the unexpired term.
(3)
Removal from Office.
(a) A member of the civilian review board may be removed from office
by the city council prior to the normal expiration of his/her term for
consistent failure to perform civilian review board member duties,
or violation of the Statement of Principles/Code of Conduct.
(b) Membership on the civilian review board shall terminate
automatically if a member ceases to meet the qualification
requirements as described in (1)(a)1, (1)(a)3, and (1)(d) above
subsequent to his/her appointment.
2.244 Civilian Review Board – Powers and Duties.
(1)
In collaboration with the police auditor, the civilian review board shall
establish policies, procedures and operating principles for the civilian
review board.
(2)
The civilian review board may review the completed investigation and
adjudication of complaints filed against sworn police officers at the
Ordinance - 3
request of a complainant, upon the recommendation of the police
auditor, or at its own discretion upon a majority vote of its members.
(a) The civilian review board shall develop criteria to decide whether
to accept a case for review.However, the civilian review board
may not accept a completed case that was previously reviewed as
a community impact case as described in subsection (4) below.
(b) All materials concerning the completed investigations of cases the
civilian review board has selected to review shall be made
available to members for their confidential review.
(c) The civilian review board shall, at one of its regularly scheduled
meetings, report on such case(s), which may include comments
on the handling of the complaint, the fairness and thoroughness of
the investigation, and the reasonableness of the adjudication.
(d) The comments and any related policy or procedural issues
identified by the civilian review board in the course of its case
review shall be provided to the police auditor for further
consideration.
(3)
The civilian review board may review a random selection of closed
cases.
(4)
Upon the adjudication of a complaint that the police auditor has
identified and the civilian review board has accepted as a community
impact case, members of the civilian review board shall be provided all
materials concerning the case for their confidential review. Within 14
days of receiving the case, the civilian review board shall meet to
discuss and present its determinations on the case. Within 30 days of
receiving the case the civilian review board shall do one or more of the
following:
(a) Concur with the case adjudication;
(b) Develop recommendations regarding the handling of the
complaint and the investigation process, and/or identify other
relevant policy or procedural issues for further consideration;
(c) Require the city to reopen the investigation if it finds either:
1. The investigation was incomplete or inadequate, and the
civilian review board has reason to believe that additional
investigation is likely to reveal facts that could change the
case adjudication; or
2. The adjudication reached by the city is not supported by
substantial evidence.
When the civilian review board has voted to re-open a community
impact case, the police auditor shall inform the civilian review board of
the subsequent investigation conducted and the final adjudication
decision.
(5)
The civilian review board shall notify complainant(s) and involved
employee(s) of its decisions on whether to accept a case for review,
and shall inform the complainant of its conclusions on the case.
Ordinance - 4
(6)
The civilian review board shall review trends and statistics of complaints
against sworn police officers and civilian police employees and may
develop recommendations to improve the complaint intake and
handling process.
(7)
The civilian review board shall evaluate the work of the auditor’s office.
In that regard the civilian review board:
(a) Shall establish criteria by which to evaluate the work of the police
auditor;
(b) Shall review, comment on, and assist in maintaining policies,
procedures and operating principles for the auditor’s office and the
civilian review board;
(c) Shall monitor status reports from the police auditor; and
(d) May conduct periodic evaluations of the complaint intake and
handling system to identify process improvements and/or ensure
complaints are being treated fairly and with due diligence.
(8)
The civilian review board may provide a forum to gather community
concerns about incident-specific police actions and may receive and
forward complaint information to the auditor’s office for processing.
2.246 Civilian Review Board – Officers, Meetings, and Procedures.
(1)
The civilian review board shall annually elect from among its
membership a chairperson and a vice-chairperson who shall serve in
that position for no more than three (3) consecutive one-year terms.
(2)
The civilian review board shall nominate one of its members to serve
jointly on the civilian review board and the police commission, which
nomination shall be subject to the approval or rejection of the city
council.
(3)
The auditor’s office shall be liaison to, and provide staff support for, the
civilian review board.
(4)
The civilian review board may appoint from its membership committees
as necessary to perform its duties.
(5)
The civilian review board shall hold regular meetings with an
opportunity for public comment at least quarterly, and the civilian review
board and its committees may hold additional meetings as necessary.
No business of the civilian review board shall be conducted at a
meeting without at least a quorum of three (3) members on a five (5)
member board or four (4) members on a seven (7) member board
present. All actions of the civilian review board shall be made upon a
simple majority vote of the members present.
(6)
Meetings of the civilian review board shall be open to the public except
when executive sessions are authorized by law and the civilian review
board has determined an executive session is necessary or desirable in
order to carry out its business.To facilitate the transparency of the
civilian review board’s activities, the police auditor will develop and
present case summaries and status reports in a manner that allows
Ordinance - 5
review and discussion in open session, to the maximum extent
practicable.
(7)
The civilian review board shall 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 consistent with
section 2.244(7); and
(c) Evaluates the work of the auditor’s office, including whether the
auditor’s office is functioning as intended.
(8)
The civilian review board may develop additional reports deemed
necessary by it, or as requested by the city council. All reports
generated by the civilian review board shall strive to protect the privacy
of all individuals and shall not contain the names of parties to a
complaint (employees, complainants and/or witnesses) not previously
disclosed. The city council shall review and take appropriate action on
reports submitted by the civilian review board.
(9)
In collaboration with the auditor’s office, the civilian review board may
conduct education and outreach activities to inform the community
about the process for filing complaints and commendations about police
employees. The civilian review board and police auditor shall work
together to develop and disseminate information and forms regarding
the police complaint handling and review system.
(10)
The civilian review board, or its individual members, may not:
(a) Investigate complaints or incidents involving police employees;
(b) Issue subpoenas or call witnesses;
(c) Review employee discipline decisions except in the context of
reviewing trend reports from the auditor’s office consistent with
section 2.454(1)(f)3.; or
(d) Incur city expenses or obligate the city in any way without the prior
authorization of the police auditor or city council.
Section 3.
Sections 2.450, 2.452, 2.454, and 2.456 are added to the Eugene
Code, 1971, to provide as follows:
2.450 Office of Police Auditor – Established.
(1)
The office of the police auditor, hereafter auditor’s office, is hereby
established to provide an independent location to lodge complaints
involving police employees, monitor internal investigations to ensure
objective, thorough and high quality investigations, and develop
recommendations to improve police services.
(2)
The auditor’s office shall be headed by a full-time professional police
auditor who is hired by and accountable to the city council. The city
council shall hire, supervise, and specify the salary of the independent
Ordinance - 6
police auditor, who shall serve at the pleasure of the city council. All
city council decisions regarding the auditor will be made by a simple
majority vote of the city council.
(3)
The independent police auditor shall have exclusive authority to hire,
supervise, and to make all other employment decisions regarding the
auditor’s support staff. No change relating to the authority to hire and
supervise the auditor’s staff shall be made without formal action of the
city council.
(4)
Any findings, recommendations and actions taken shall reflect the
police auditor’s independent judgment. No person shall use his/her
political or administrative position to attempt to unduly influence or
undermine the independence of the police auditor, or his/her staff or
agent, in the performance of his/her duties and responsibilities.
(5)
The city manager shall include in his/her recommended budget an
allocation sufficient for the operations of the auditor’s office. The
physical location of the auditor’s office shall be separate from the police
department, but in close proximity so as to facilitate a close working
relationship with others involved in the complaint investigation process,
and easily accessible to the public.
(6)
It is intended that sections 2.450 through 2.456 and 2.240 through
2.246 will provide a system of independent oversight of the police
complaint process and implement section 15-A of the Eugene Charter
of 2002 as adopted by the city electorate on November 8, 2005.
2.452 Office of Police Auditor – Definitions.
Words and phrases used in
sections 2.240 through 2.246 and 2.450 through 2.456 have the following
meanings:
Chief of police. The person designated by the city manager as the chief of
police.
Community impact case. A complaint involving sworn police officer(s) that
alleges excessive force, bias, disparate treatment or violation of
constitutional rights, which the police auditor determines should be reviewed
by the civilian review board in accordance with section 2.244(3) and 2.244(4)
of this code.
Complaint. An expression of dissatisfaction, allegation of misconduct, or
question about a police employee’s conduct, police services provided or not
provided, or police department policies or practices in general.
Conclusion of any criminal investigation or conclusion of any such criminal
investigation. A criminal investigation is deemed concluded when the
appropriate criminal prosecutor decides either to press charged or to not
press charges.
Ordinance - 7
Critical incident. An occurrence involving a significant police action including,
but not limited to, a civil disturbance or riot, an officer-involved shooting, or
other action by a sworn police officer resulting in serious physical injury or
death.
Facilitated conversation. A discussion guided by a third party, trained
facilitator, between the complainant and a department representative, most
often the named employee’s supervisor or internal affairs staff.
Immediate family member. A person’s spouse or domestic partner, a parent,
step-parent, grandparent, child, stepchild, grandchild, sibling, half-sibling or
step-sibling of the person or of the person’s spouse or domestic partner.
Internal affairs. The police employees designated by the chief of police to
investigate allegations of misconduct against police employees.
Mediation. A voluntary, confidential complaint resolution option that is an
alternative to the investigation, adjudication and disciplinary process. It is a
structured process guided by a neutral, third-party, professionally-trained
mediator enabling direct communication between the complainant and
employee.
Police employee. A city employee who reports directly or through others to
the chief of police.
Preliminary investigation. As used in section 2.456(1)(c), an initial inquiry by
the police auditor or the auditor’s designee into the facts and circumstances
of a complaint for purposes of deciding how to classify and route the
complaint.
Substantial evidence. Evidence that, considering the record as a whole, a
reasonable person would rely upon to conclude that something is true. For
purposes of section 2.244(4), an adjudication is supported by substantial
evidence when the civilian review board reasonably could reach the same
finding after considering all the evidence in the record, whether or not the
board actually agrees with the adjudication.
Sworn police officer. A police employee who is also certified and employed
as a peace officer under the laws of this state.
2.454 Office of Police Auditor – Powers and Duties.
(1)
The police auditor is the administrative head of the auditor’s office and
shall:
Ordinance - 8
(a) Oversee the operations of the auditor’s office, establish program
priorities and objectives, and manage the implementation and
evaluation of work programs;
(b) Develop and maintain operating procedures for the auditor’s
office, including protocols for handling complaints and monitoring
investigations;
(c) Establish standards of professional conduct and provide
necessary training for staff in the auditor’s office.
(d) Act as liaison and provide staff support to the civilian review
board. In collaboration with the civilian review board, the police
auditor shall:
1. Establish and maintain policies, procedures and operating
principles for the civilian review board’s functions; and
2. Conduct education and outreach activities to inform the
community about the process for filing complaints and
commendations about police employees, and develop and
disseminate information and forms regarding the police
complaint handling and review system.
(e) Receive and process complaints concerning police employees
and monitor the complaint investigation and review process as set
forth in sections 2.456(1) and (2).
(f) Perform a quality assurance function with the goal of identifying
systemic changes that will improve police services to the
community. These activities include:
1. Analyzing complaint trends and recommending changes to
police policy, practices and training;
2. Reviewing risk and tort claims and developing
recommendations to reduce risk and liability;
3. Reviewing and reporting trends in completed police
employee disciplinary decisions.
(g) Provide status reports to the civilian review board and city council
and provide recommendations relevant to police policies and
practices to the police commission.
(h) Develop and present to the civilian review board and city council
annual public reports describing the activities of the auditor’s
office, its findings and recommendations, the police department’s
response to its recommendations, and any other information
pertinent to assessing the performance of the auditor’s office.
(i) Provide the city council with any other reports deemed necessary
or requested by the city council. All public reports shall strive to
protect the privacy of all individuals and shall not contain the
names of parties to a complaint (employees, complainants and/or
witnesses) not previously disclosed.
(j) Determine whether applicants for the civilian review board meet
the requisite qualifications in section 2.242(1)(a)1. and
2.242(1)(d).
Ordinance - 9
(2)
The police auditor shall receive timely notification of critical incidents to
enable him/her, or a qualified designee, to report to the scene of critical
incidents. The police auditor and chief of police shall develop
necessary protocols for summoning the police auditor to the incident for
purposes of first-hand observation.
(3)
The police auditor shall participate in use of force review boards.
(4)
All case adjudication and employee discipline decisions shall be made
by the chief of police. The police auditor may develop adjudication
recommendations, but is not authorized to recommend the level of
discipline for police employees.
2.456 Office of Police Auditor – Complaint Processing.
(1)
Complaint intake.
(a) Any person may lodge a complaint or commendation with the
auditor’s office about the conduct of, or services provided by, a
city police employee;
(b) The auditor’s office is the intake center for all community
complaints about police employees. City employees may choose
to lodge complaints against another employee through either
internal affairs or the auditor’s office. The auditor’s office shall
document all contacts and complaints received from any source.
The auditor’s office may refer a complainant to another
department in the city or another agency that would be more
appropriate to address the complaint.
(c) The auditor’s office conducts the preliminary investigation of all
complaints lodged with the auditor’s office or internal affairs to
appropriately classify and route the complaint and any
accompanying information accordingly. If a complaint is received
that alleges criminal conduct on the part of the employee, the
police auditor shall forward the complaint and any associated
information to the chief of police.
(d) The auditor’s office may determine whether a complaint is
appropriate for mediation or facilitated conversation, and upon the
voluntary agreement of the involved parties and approval of the
chief of police, shall coordinate the resolution of such cases.
1. Mediation is an alternative to the investigation, adjudication
and disciplinary process; if the parties agree to mediation,
the investigation, adjudication and disciplinary process will
end.
2. A facilitated conversation may, but does not necessarily,
result in termination of the investigation, adjudication and
disciplinary process.
(e) The auditor’s office classifies complaints that will be treated as
community impact cases and provides support to the civilian
Ordinance - 10
review board in its review of those cases and other cases
accepted by the civilian review board.
(f) The auditor’s office shall provide timely updates on the status of a
complaint and notification to the complainant of its final
disposition.
(g) The auditor’s office may dismiss a complaint if upon review, it
meets criteria that the auditor has established for such action,
including reporting delays and/or insufficient information from
which to take further action.
(h) The auditor may review and process a complaint not filed directly
with the auditor’s office if the auditor determines that concerns
have been expressed about conduct of a police employee(s).
(i) Except for good cause, complaints of minor misconduct involving
courtesy, communications, and minor rules violations that might
be handled as service complaints shall be filed within 60 days of
the incident.
(j) Except for good cause, complaints of serious misconduct
including, for example, excessive force that causes substantial
physical injury, egregious acts of disparate treatment, or major
rules violations shall be filed within 6 months of the incident.
(2)
Complaint Investigations.
(a) The police auditor shall actively monitor internal investigations to
ensure a thorough, objective, and timely investigation, and is
authorized to:
1. Participate in complainant, employee and witness interviews;
2. Require the city to undertake additional investigation.
(b) The police auditor may require, and is authorized to contract for,
an external investigation when the police auditor determines that
an external investigation is appropriate.
(c) The police auditor will not be directly involved in any criminal
investigations, but shall be kept apprised of the status of such
investigations involving police employees. The police auditor shall
have access to the case file relevant to the administrative portion
of such investigations. Following the conclusion of any criminal
investigation or within 60 days after the date of the incident, the
auditor has the authority to initiate an internal investigation unless
the police auditor receives written notice from the District Attorney,
United States Attorney, or City Prosecutor that the internal
investigation would jeopardize the criminal investigation and
prosecution.
(d) All case files shall be provided to the police auditor upon
conclusion of the investigation for review and a determination that
the investigation was thorough and complete. Once the
investigation is deemed complete, the involved employee’s
immediate supervisor will confer with the police auditor and
develop a case adjudication recommendation that will be
Ordinance - 11
forwarded through the chain of command to the chief of police for
final adjudication. If the police auditor disagrees with the
supervisor’s recommendation, his/her disagreements and
comments will be documented and forwarded to the chief of police
as well. The immediate supervisor and police auditor will use their
best efforts to complete this process in a timely manner and
without unreasonably delaying the final adjudication of the case.
If the investigation reveals evidence of criminal conduct not
previously known, the auditor may refer the matter to the
appropriate criminal prosecutor for his/her consideration.
(e) The auditor’s office will make every reasonable effort to notify the
complainant that an investigation has been conducted, summarize
the case findings, and provide an opportunity for the complainant
to comment or ask questions about the process.
(f) The auditor’s office shall return all case file materials to internal
affairs for retention, but shall have subsequent access to closed
cases.
(g) The police auditor shall maintain an on-going status report on the
work of the auditor’s office and case investigations and shall share
it with the civilian review board.
(3)
Access to Records and Materials.
(a) The police auditor shall have complete and unrestricted access to
all complaint and investigative records and materials, and any
other information necessary for the performance of his/her
specified duties. As provided in section 2.456(2)(d), the police
auditor shall not have access to a criminal investigation file until
the conclusion of any such criminal investigation.
(b) The police auditor shall supervise the development and
implementation of a case management system to track all
complaints received in coordination with the internal affairs unit,
report case statistics and trends, and provide performance
indicators to evaluate the effectiveness of the auditor’s office.
(c) The chief of police and police auditor shall develop cooperative
interdepartmental procedures and any necessary infrastructure to
coordinate the flow of information and communication between
the auditor’s office and the police department.
Section 4.
The City Recorder, at the request of, or with the concurrence of the
City Attorney, is authorized to 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 - 12
Section 5.
Notwithstanding the effective date for this Ordinance as provided in
the Eugene Charter of 2002, the Police Auditor and Civilian Review Board may
postpone implementation of powers and duties described in this Ordinance for such
reasonable time, not to exceed six months from the effective date of this Ordinance, as
they determine is necessary to develop and adopt policies, criteria and protocols for the
proficient, fair and efficient implementation of their powers and duties.
Passed by the City Council this Approved by the Mayor this
th
13 day of December, 2006 13th day of December, 2006
/s/ Mary H. Feldman /s/ Kitty Piercy
City Recorder Mayor
Ordinance - 13