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HomeMy WebLinkAboutOrdinance No. 20127ORDINANCE N4. 20127 AN ORDINANCE 4F THE CITY GF EUGENE, LANE CGUNTY, GREG4N, CALLING A SPECIAL ELECTION TU SUBMIT TU THE ELECTORS CAF THE CITY A MEASURE AMENDING THE CHARTER OF THE CITY OF EUGENE TU PRaVIDE FOR ESTABLISI~MENT OF A CITIZEN REVIEW BUARD TU REVIEW PULICE ACTIONS. The City Council of the City of Eugene finds as follows: A. The City has authority under the Eugene Charter, the aregon Constitution, and the Eugene Cade,1971, to submit measures to the electorate of the City. B. During the June 10,1997 City Council goals session the Council directed the City Manager to bring back to the Council a plan and process for evaluation of methods of external review of police actions through the Human Rights Commission. C. Following that direction, on July 16,1997 staff presented a proposal to the Council to create a 20-member citizen committee to review options related to police actions. D, By motion unanimously adopted by the Council the City Manager was directed to appoint a community advisory committee to evaluate different options for external review of office p actions and to recommend an option for implementation to the City Manager and City Council. E. The final report of the External Review Advisory Committee ~ERAC}was presented to the Council on February 16,1998, containing two major recommendations. The first was the creation of a citizen board to review the process, and the second was the creation of acouncil-level policy advisory committee to make recommendations to the Police Chief, Police De artment and p City Council on police and public safety-related issues. F. After discussion by the Council, the ERAC report was referred to the Council ordinance - ~ Committee on Public Safety ~CCPS~ for further review. The proposal recommended b ERAC Y would authorize the Council to appoint members of the review board, and the board would in turn be making recommendationswith respect to complaints filed against police officers. Because the Charter grants the City Manager exclusive authority with respect to personnel matters, it would be necessary to amend the Charter to implement the ERAC recommendation, After review of the recommendation and a proposed Charter amendment, the COPS recommended that the Council place the measure on the general election ballot in November,199$. G. After considering the recommendations at a public hearing, the City Council has determined to place the measure before the electors of the City. The measure, attached as Exhibit 1 hereto, asks whether the Eugene Charter of 1976 should be amended to authorize the Council to appoint a Citizen Review Board to review allegations of police misconduct. NOW, THEREFORE, based upon the above findings, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. A special election is called for the purpose of submitting to the qualified electors of the City the measure attached as Exhibit i hereto, concerning creation of a Citizen Review Board. Section 2. The Measure shall be placed upon the official ballot by the City Recorder. Notwithstanding any provision of the Eugene Code,1971, the ballot title for the Measure set forth in Exhibit 2 to this Qrdinance is hereby adopted. The City Recorder shall furnish to the County Clerk for Lane County, a certified copy of the ballot title for the Measure, as attached hereto as Exhibit 2, and direct that the County Clerk for Lane County place the Measure upon the ballot to be used at the special City election to be voted upon by the electors of the City. Section 3. The City Council orders this special election to be held in the City of Eugene, Ordinance - 2 ~regan concurrently with the general election on the 3rd day of November,1998, in accordance with the provisions of Chapter 254 of Oregon Revised Statutes, and the ballots shall be counted and tabulated and the results certified as provided by law. Section 4. The City Recorder is directed to give not less than ten ~ 1 ~} days notice of the special election by publication of one ~ 1 } notice thereof in the Register Guaxd, a newspaper published in the City and of general circulation therein, a copy of which is attached hereto as Exhibit 3. Section 5. Notwithstanding any requirements of Sections 2.993 to 2.997 of the Eugene Cade, 1971, the proponent argument, and rebuttal to the opponent's argument, in the voter's pamphlet shall be prepared by one or more members of ERAC, selected by the Chair of ERAC. Passed by the City Council this Approved by the Mayor this 13t~ day of July,1998 .... City Recorder ~~dinance ~ 3 13th day of July,1998 Measure No. ~~ Section 55. Amendment V. The Eugene Charter of 1974 is hereby amended as follows: The City Council is authorized to appoint a Citizen Review Board to review allegations of police misconduct. Notwithstanding section 16 of this Charter, the City Council may employ staff to assist the Citizen Review Board and may authorize the Citizen Review Board to; ~a} monitor complaints fled against police officers; fib} review the City's internal investigations of such complaints; ~c} require external investigations of complaints; and ~d}make recommendations to the City Manager or designee about how complaints of misconduct should be resolved. Exhib~# 1 CITY ~F EUGENE BALLOT Measure . TITLE: "CITIZEN REVIEW 4F PULICE ACTIONS" uestion: Shall the Eugene Charter be amended to authorize the Council to appoint a Citizen Review Board and employ staff assistance? Summa : The proposed Charter Amendment would authorize the Council to appoint a Citizen Review Board to review allegations of police misconduct. It also would allow the Council to employ staff to assist the Board in performing its duties. The Council could direct the Board to monitor complaints fled against police officers; review internal investigations of complaints; require'external investigations; and make recommendations to the City Manager or designee on resolution of complaints. Passage of the measure likely would result in direct expenses for the City of approximately $155,000 per year for materials, investigations, and staff to assist the Board. This Measure shall become effective only upon approval by the electors. Exhibit 2 NOTICE OF CITY ELECTION CITY QF EUGENE NOTICE is hereby given that a City election will be held in the City of Eu ene, ire on g g concurrent with the general election on Tuesday, the 3rd day of November,1998, to be conducted by the Lane County Election Department in accordance with the provisions of aRS Cha ter 254 of p Oregon Revised Statutes. This election ~s called for the purpose of voting on the followin Measure g of the City of Eugene: Measure: TITLE: "CITIZEN REVIEW OF PGLICE ACTIaNS" uesfion: Shall the Eugene Charter be amended to authorize the Council to appoint a Citizen Review Board and employ staff assistance? Summa : The proposed Charter Amendment would authorize the Council to appoint a Citizen Review Board to review allegations of police misconduct. It also would allowthe Council to employ staff to assist the Board in performing its duties. The Council could direct the Board to monitor complaints filed against police officers; review internal investigations of complaints; require external investigations; and make recommendations tothe City Manager or designee on resolution of complaints. Passage of the measure likely would result in direct expenses for the City of approximately $~ 55,004 per year for materials, investigations, and staff to assist the Board. This Measure shall become effective only upon approval by the electors. The voting places and Clerks of the election will be those fixed by Lane Coun , tY Oregon. WARREN G. WnNG CITY REORDER Notice -Exhibit 3