HomeMy WebLinkAboutItem C: Update on Implementation of Measure 20-106 (Police Auditor)
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UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Work Session: Update on Implementation of Measure 20-106 (Police Auditor)
Meeting Date: February 22, 2006 Agenda Item Number: C
Department: City Manager’s Office Staff Contact: Mary Walston
www.eugene-or.gov Contact Telephone Number: 682-5406
ISSUE STATEMENT
This is a work session to provide information and preliminary recommendations on the
recruitment and selection processes for the police auditor from the ad hoc committee appointed
by the City Council on January 18, 2006. In addition, the Police Commission has requested that
the City Council adopt a motion formally adopting the auditor and civilian review model as
proposed in its report to the City Council on July 25, 2005.
BACKGROUND
On November 8, 2005, the voters of Eugene approved an amendment to the City Charter which
created the authority of the City Council to hire a police auditor and create a civilian review
board. At the work session on January 18, 2006, the City Council voted to create an ad hoc
committee to make recommendations on the position description, compensation, and recruitment
and selections process for the police auditor. This work session is an opportunity for the
committee members to offer preliminary recommendations and seek further direction from the
City Council. Another work session at which the committee will present its report has been
scheduled for March 15. The members of the ad hoc committee are Mayor Piercy, City Council
President Solomon, City Council Vice President Ortiz and Police Commission Chair Tim Laue.
The preliminary recommendations are as follows:
The auditor should be an “at will” employee. This designation means that the auditor could
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be terminated for any lawful reason but is not entitled to due rights processes as are other
regular city employees. The exception is the City Manager and City Prosecutor, who are at-
will employees. It is recommended that hiring and termination of the auditor be achieved by
a simple majority vote of the City Council.
The committee reviewed and revised a position description based upon the initial outline
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suggested by the Police Commission. The draft description recommended by the committee
is provided as Attachment A.
Compensation for the auditor should be set at some point between Range 35 – 37 in the City’s
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exempt compensation salary schedule. Attachment B contains salary information from other
cities that have a police auditor and specific positions within the City of Eugene. Worth noting
is that among the cities listed, Boise is the only city with which salaries of City of Eugene
employees are compared when setting compensation. It is also recommended that the auditor
be offered the standard benefit package offered to regular city employees, plus the car and cell
phone allowance provided to executive managers. This set of benefits is found in Attachment C.
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Allocate funds from the general fund contingency to cover the costs to the Human Resource and
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Risk Services Department for the recruitment and selection processes. These costs include
printing, advertising, candidate travel expenses, outside expert consultation, and background
investigation and reference checks. (Note - these are expenses for which no budget in the current
fiscal year exists; no staff time is included. Further, depending upon the amount of time
required to conduct the recruitment and selection process, some of these expenses may occur
within the next fiscal year.)
Hold four public forums for targeted audiences, as well as the general public, to seek and hear
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input regarding a candidate profile for the Police Auditor.
RELATED CITY POLICIES
This update on the work of the committee does not directly address any City policies. It is an
opportunity for the members of the council to receive information on the work of the committee.
COUNCIL OPTIONS
The City Council is being asked to approve the recommendations from the committee so that the
recruitment process may begin. Once the job description and compensation package have been
approved, the initial steps of the recruitment may begin. The council committee would continue
to work with Human Resources staff on these phases of the recruitment process and other work
as requested by council. The council will again have the opportunity to discuss the police auditor
position on March 15, when the committee will provide its final set of recommendations to the
council.
The City Council can revise or modify the position description, the compensation package, and
the recruitment process at this work session or at a later date. It is, however, asked to adopt a
motion endorsing the police auditor and civilian review board models as proposed by the Police
Commission. In previous actions, the City Council agreed to move forward with the creation and
hiring of the auditor position and civilian review board, but without any specific model in mind.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends that the council adopt the position description, set the
compensation and benefit package, and approve the allocation of funds from the contingency
account. As noted above, the Police Commission has requested that a motion affirming the Police
Commission model be adopted by the City Council.
SUGGESTED MOTIONS
Move to adopt the position description for the Police Auditor dated February 9, 2006, and use
that as the basis for recruitment and selection of the position.
Move to set the salary for the Police Auditor at Range ____ on the City of Eugene exempt salary
schedule.
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Move to provide the benefit package as outlined in Attachment C, the basic package for the
position of Police Auditor.
Move to allocate up to $17,000 from the general fund contingency to the Human Resource and
Risk Services Department in Fiscal Year 2006 for the purpose of recruitment and selection of the
Police Auditor.
Move to implement the police auditor and civilian review board oversight program in a manner
that is consistent with the Police Commission recommendation of July 25, 2005.
ATTACHMENTS
A. Draft Position Description for Police Auditor (February 8, 2006)
B. Police Auditor Salary Information and Recommendation
C. Exempt Employee Benefit Summary Recommended for Police Auditor
D. Summary Notes from Meeting of January 25, 2006
E. Summary Notes from Meeting of February 8, 2006
FOR MORE INFORMATION
Staff Contact: Mary Walston
Telephone: 682-5406
Staff E-Mail: mary.f.walston@ci.eugene.or.us
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ATTACHMENT A
EEO cat: 2 City of Eugene
FLSA-Exempt 2/06
Administrative Exemption Range ______
D R A F T
POLICE AUDITOR
DEFINITION
The Police Auditor provides independent, external oversight of investigations of
complaints involving police employees. The auditor’s responsibilities include receiving
complaints, monitoring or participating in internal investigations to ensure objective,
thorough and high quality investigations; and preparing reports on complaint trends and
police practices in general. S/he promotes organizational changes that improve police
services and community relations, and reduce risk to the City by identifying, analyzing
and making recommendations regarding the complaint investigation process and
policies, practices and training. The auditor provides staff support to the Civilian Review
Board appointed by the City Council.
DISTINGUISHING CHARACTERISTICS
This high-visibility position is characterized by the auditor’s ability to provide fair and
objective oversight of the police complaint process, build credibility among diverse
audiences, and instill public confidence in the complaint system. The responsibilities of
the police auditor are broad in scope and require the highest degree of professional,
independent judgment, personal integrity, and accountability. The auditor performs
work that is highly complex, and often involves issues that are sensitive and
confidential.
SUPERVISION RECEIVED AND EXERCISED
Receives general supervision from the City Council (its or designee).
Exercises day-to-day operational supervision over Police Auditor office staff.
EXAMPLES OF DUTIES
– Duties may include, but are not limited to, the following:
Plans, implements and oversees the operations of the Auditor’s Office, which receives
complaints about police employee conduct; establishes program priorities and
procedures; manages the implementation and evaluation of work programs to achieve
program objectives.
Classifies and routes complaints based on established criteria, including identification of
cases suitable for mediation, and acts as liaison to complainants on case status and
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resolution. May initiate a complaint based on reported public statement, news report, or
other feedback of police activity.
Identifies “community impact cases” and refers these cases, and other cases the
Auditor determines are appropriate, to the civilian review board and assists them in the
review of these cases.
Actively monitors internal affairs investigations for thoroughness and fairness; reviews
evidence and mayattend witness and employee interviews; recommends additional
;
investigation and/or contacts and outside investigations as warrantedmay recommend
case disposition to the Chief of Police and may review discipline administered for
consistency.
Researches and analyzes problems identified through the monitoring of investigations
and reviews of risk and tort claims; makes recommendations to the Police Department
or the Police Commissionregarding training, policies, procedures and best practices to
prevent future complaints and allegations of misconduct and improve performance.
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Responds to the scene of critical or major incidentssuch as field force deployment, or
use of force incidents to be a first-hand observer; participates in the review of use of
force as a member of the use of force review board.
Oversees the development and implementation of a management information system to
track complaints in coordination with the Police Department’s internal affairs section;
uses data from the system to report case statistics and trends, and provide performance
indicators to evaluate the effectiveness of the Auditor’s Office and Police internal
investigations.
Conducts public outreach in tandem with the Civilian Review Board to educate the
community on the role of the Auditor’s Office and the process for police complaint intake
and investigation.
Prepares and delivers reports to the Civilian Review Board, City Council, Police
Commission and the public on the status and resolution of complaints, trends and
patterns analysis, recommendations for system improvements, and other performance
indicators.
Develops procedures for the operation of, and provides staff support to, the Civilian
Review Board, including establishing standards of professional conduct, ensuring
confidentiality, and implementing a comprehensive training program for board members.
Provides operational supervision of staff in the Auditor’s Office, including scheduling
and assigning work, monitoring and directing activities, and providing coaching and
training; participates in hiring processes and provides input on performance evaluations.
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Ensures implementation of, and adherence to the City’s Affirmative Action Plan, and
diversity initiatives. Facilitates staff development on such issues as diversity and
creating a respectful working environment.
Performs other duties as assigned.
QUALIFICATIONS
Knowledge of:
Principles and practices of program planning, management, and administration.
Principles and practices of police operations, policies and procedures.
Fundamentals of administrative investigative principles and methods, including interview
techniques and rules of evidence.
Principles of law enforcement policy development and evaluation, training and
instruction, and work performance assessment.
Relevant employment laws, including discrimination laws and labor laws, and relevant
administrative rules.
Principles and practices of employee and labor relations, including effective disciplinary
policies and procedures.
Public records law.
Principles and practices of public process, public information and community relations.
Methods and techniques of research, policy review, data analysis and evaluation.
Procedures for the intake and review of complaints and methods of complaint
resolution, including alternative dispute resolution models.
Automated data systems and associated software such as spreadsheets, word
processing or information tracking data bases.
Public policy issues related to police complaint systems and civilian oversight.
National trends and research affecting police complaint systems and civilian oversight.
Skill to:
Take responsibility for program and policy development; determine how to effectively
implement operating procedures and practices by identifying potential problems and
constraints and involving key people.
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Make timely decisions about program direction and evaluate operations and make
recommendations for improvement.
Establish long range objectives and specify the strategies and actions to achieve those
objectives.
Identify complex problems and review related information to develop and evaluate
options and recommend solutions.
Use logic and reasoning to identify the strengths and weaknesses of alternative
solutions, conclusions or approaches to problems.
Oversee and monitor the investigation of personnel-related matters in a unionized,
pubic agency. Plan and evaluate the results of independent investigations of sensitive
police conduct matters.
Communicate effectively orally and in writing to a variety of audiences.
Identify measures or indicators of system performance and the actions needed to
improve or correct performance, relative to the goals of the system.
Exercise sound, professional judgment in all phases of program implementation and
operation, weighing all interests and ramifications of decisions.
Develop training, operating procedures and professional standards for civilian
volunteers charged with reviewing policy complaints and investigations.
Use relevant information and individual judgment to determine whether events or
processes comply with laws, regulations, or standards.
Ability to:
Articulate information, procedures and practices clearly and concisely one-on one or
before groups.
Listen effectively to individuals and groups and build trust with diverse populations.
Use tact and diplomacy in dealing with sensitive and controversial situations.
Bring together diverse or opposing groups and individuals, and work issues through to a
mutually acceptable solution.
Establish and maintain constructive and effective working relationships over time with
diverse groups and individuals, including city elected officials and managers, community
groups, police employees, the public, media and others.
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Maintain highly sensitive and confidential information.
Demonstrate sensitivity for individuals’ rights and differences in ethnic and cultural
heritage, age, gender, sexual orientation, disabilities, beliefs, interests, or economic
status.
Effectively manage staff and create a welcoming and productive work environment.
Model highest standards of professional integrity and demonstrate a commitment to
protecting the constitutional rights of all affected parties.
Experience and Training Guidelines
– Any equivalent combination of education
and experience which provides the applicant with the knowledge, skills and abilities
required to perform the job. A typical way to obtain the knowledge and skills would
be:
Experience:
Five years of progressively responsible experience overseeing and
performing administrative investigations and performing program development,
analysis, and complex professional staff support preferably in the public sector.
Training:
A Bachelor’s degree from an accredited school in public
administration, business administration, human resources, criminal justice, or a
related field is required. A Master’s degree or Juris Doctorate from an accredited
school is desirable.
Other Requirements
Candidates are subject to a background investigation.
Candidates for this position may not have any recent background or affiliations with
the City of Eugene Police Department that would hamper their ability to be neutral
and objective in performing their duties as Police Auditor.
Possession of or ability to obtain, and maintain an appropriate, valid Oregon driver’s
license.
Respond to incidents within a reasonable period of time.
WORKING CONDITIONS
Daily use of computer. May be periods of standing and sitting for prolonged periods.
Periodic attendance at meetings or activities outside of normal working hours. Periodic
operation of a motor vehicle on public roads.
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Police Auditor Salary Information 2/16/06
Similar Positions in Other Maximum Salary % Size of
Jurisdications/Comparison to Police Chief & HR Salary*Difference to Related
DirectorPolice Chief & Office - FTE
HR Director
San José
Indep. Police Auditor$144,99734%5
Chief of Police$194,293
Director of Empl. Relations$194,293
Denver
Indep. Monitor$118,224
Info not available and program significantly different
Portland
IPR Program Manager$101,40041%8.5
Police Chief$151,798
HR Director$134,930
Boise
Community Ombudsman$93,13426%
Police Chief$117,000
HR Manager$117,000
Austin
$90,958
Asst. Police Monitor
(unable to locate Police Monitor, Police Chief, or HR
Director comp on website)
Omaha
Public Safety Auditor$91,289
36%
Police Chief$124,141
Unable to locate HR Director
Other Comparison
State of Oregon
Emp. Rela. Bd. Hearings Officer$72,900
EUGENE
Police Auditor3
$86,34119%* / 37%**
Salary Range 34
Salary Range 35$90,230 14%* / 31%**
$94,2869%* / 26%**
Salary Range 36
$98,5094%* / 20%**
Salary Range 37
$118,435
Exec Dir - Police
$107,640
Exec Dir - HRRS
HR Manager$82,618
*Compared to average ($102,898) of two Exec Dir positions & HR Mgr salaries
**Compared to Police Chief only
NOTE: This information includes salary only. Generally PERS employee pickup is included in salary
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City Division Manager Positions at Range 34 and Above *
Range 34Range 36
City Engineer
Facility Mgt Div Mgr
Fire/EMS Deputy Chief
Neigh/Hous/Comm Dev Mgr
Maintenance Director
Parks & Open Space Div Mgr
Police Captain
Planning Div Mgr
Range 35
Range 37
Airport Mgr
No classes at this range.
Bldg/Permit Svcs Div Mgr
Next class is HRRS Director
Finance Director
Info Svcs Director
Police Tech Svcs Div Mgr
WW Div Director
*Some positions are recommended for an increase as part of a current market review.
Annual Salary with PERS
Salary RangeAnnual Salary @ Step 66% Employee Pick-Up and
2% Deferred Comp
Salary Range 35$90,230.00$97,556.68
Salary Range 36$94,286.00$101,942.02
Salary Range 37$98,509.00
$106,507.93
NOTE: Fringe Rate: PERS 37.41% or OPSRP 32.15% (includes PERS employee pick up; does not
include 2% deferred comp or insurance). Car Allowance adds $3,600 annually.
Exempt Employee Benefit Summary Recommended for Police Auditor- Attachment C
Health Insurance Choice of two plans:
City Health Plan - City Managed Care
Preferred Provider Plan – Point of Service
Organization (PPO) (POS)
Payroll Deduction Premium Contribution is 8% of
premium based on tiered rate
Life and AD&D Insurance City-paid benefit
One-times annual salary for life insurance to a
maximum of $250,000
Additional one-times annual salary to a maximum
of $250,000 for AD&D if death is due to an
accident
Supplemental Portable Term Life and Optional coverage is available for purchase
AD&D Insurance
Long Term Disability City-paid benefit
60% of salary ($3,000 month maximum) paid after
90 day waiting period
PERS/OPSRP Retirement Plan Employee contribution of 6% of salary paid by the
City of Eugene. If vested and retiring under
PERS/OPSRP, will also receive a portion of the
actuarially determined Employer contribution.
Deferred Compensation Retirement Plan A Deferred Comp Benefit of 2% of salary will be
credited to the employee’s salary if employee
defers at least 3% of their salary into the Deferred
Compensation program. Convenient pre-tax payroll
deduction.
Vacation Begin at 96 hours per year plus 10 days
Management Vacation per year. Maximum accrual
of 576 hours (Accrue based on hours worked and
years of service)
Sick Leave 96 hours per year. Maximum accrual of 960 hours.
Accrue based on hours worked.
Flexible Spending Account Optional program. Able to contribute up to $5,000
per year pre-tax into a Medical FSA and/or
Dependent Care FSA to pay qualifying out-of-
pocket expenses. Convenient payroll deduction.
Car and Cell Phone Allowance Executives only - $300
One time expenses:
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Cost up to specified amount
Moving Allowance
10% of starting salary (in pay or leave)
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***Signing bonus***
***Could be used as added incentive
up front in lieu of on-going salary
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ATTACHMENT D
Summary Notes
Committee on Police Auditor Recruitment and Selection Process
Wednesday, January 25, 2006, 1:30 p.m.
Human Resource Conference Room, Room 101, City Hall, 777 Pearl Street
Present: Mayor Kitty Piercy; Councilor Jennifer Solomon; Councilor Andrea Ortiz; Police
Commission Chair Tim Laue; Helen Towle, Human Resources; Jeannine Parisi, Eugene Police
Department; Mary Walston, City Manager’s Office
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Draft work plan
was reviewed and discussed. The following items were noted:
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The meetings will last one hour.
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There will be NO meeting next week, Wednesday, February 1.
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An alternate time (and location) will be found for the meeting set for February 15, both the
Mayor and Councilor Ortiz have a conflict.
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The Mayor will be out of town on March 1
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Tim Laue asked that the Council adopt a motion affirming the Police Commission model for
the auditor and civilian review. Mary Walston will get this on the calendar or it will be
included in the meeting with the City Council on February 22.
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General agreement to keep the February 22 update with City Council; seems reasonable at
this time
Employment Status
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Helen Towle discussed the components required for an individual to be classified as an
"independent" contractor; the auditor position as proposed and described in the job
description forwarded by the Police Commission does not meet those requirements. There
was also general agreement that the auditor should be an "at will" employee as is the City
Manager. This means the individual can be terminated for any lawful reason but is not
entitled to due processes as are other regular full time employees. There was discussion
about how the auditor could be terminated; simple majority or some type of super majority
of the mayor and council. It was agreed that a simple majority, that is 5 votes, would be
recommended to the City Council.
Supervisory Authority Over Auditor
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Exactly who will provide day to day supervision and deal with administrative matters was
discussed; two suggestions were offered, one being the mayor to serve as the auditor's point
of contact for administrative matters and the other being the council president. No
recommendation was made. Helen will offer some options in her materials for the next
meeting.
Supervisory Authority of the Auditor
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Will the auditor have supervisory authority over the staff hire to assist the auditor? A city
attorney opinion will be sought, but in the mean time, the general thought was that the
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auditor would have day to day practical supervision of the staff, would participate in hiring
and termination processes, but that the final decisions, would be someone other than the
auditor; perhaps using a model like the Fire &EMS captains. Staff for the auditor would be
just like other city employees in terms of union representation and benefits. Helen Towle
will provide additional information on what this might look like for the next meeting
Compensation
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Helen Towle discussed how compensation at the City of Eugene is set and the guiding
policies used to set it; she discussed what markets are used a comparisons for Eugene. She
will have her staff do additional work on the job description, pay and benefits in the
materials being prepared for the next meeting. It was generally agreed that the auditor would
receive the same set of benefits, (health insurance, cell phone, etc) as other employees.
More detailed information will be provided for the next meeting.
Recruitment and Selection
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The issue of an outside recruiter was briefly mentioned. Helen Towle explained the process
to use an executive recruiter and suggested that this also be discussed sooner.
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ATTACHMENT E
Summary Notes
Committee on Police Auditor Recruitment and Selection Process
Wednesday, February 8, 2006, 1:40 p.m.
Human Resource Conference Room, Room 101, City Hall, 777 Pearl Street
Present: Mayor Kitty Piercy; Councilor Jennifer Solomon; Councilor Andrea Ortiz; Police
Commission Chair Tim Laue; Helen Towle, Human Resources; Jeannine Parisi, Eugene Police
Department; Mary Walston, City Manager’s Office
Members of the Public: Perry Patterson, Patrick Lang
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Draft Work Plan
was not reviewed due to late start of meeting
Position Description
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Helen Towle presented the position description which was based upon the initial draft
prepared by the Police Commission and then tailor to the usual City of Eugene position
description. Members suggested several revisions which were approved and later
incorporated into the second draft dated February 8, 2006. Members noted the opinion from
the City Attorney with regard to supervision authority of the auditor. The language in the
position description states: “Exercises day-to-day operational supervision over Police
Auditor office staff”. This was accepted by the group.
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The section labeled “other requirements” was discussed. In preparing the position
description option #4 suggested by the police commission with regard to background was
used. The language reads: “Candidates for this position may not have any recent
background or affiliations with the City of Eugene Police Department that would hamper
their ability to be neutral and objective in performing their duties as Police Auditor.” Helen
noted the word “affiliation” is a subjective decision, but this could be addressed in a
background check.
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There was discussion about how many applicants might be expected. Tim said the field is
growing, but there may not be a large number of applicants, Helen noted that for manager
positions there are about 25 applications received.
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Tim wanted to take the position description to the Police Commission for informational
purposes.
Compensation
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Helen distributed a salary information and recommendation sheet. On it were the salaries of
auditors in other jurisdictions and a comparison on internal ranges in the city. Helen
recommended a salary in the range of 32 – 34. After discussion the group decided to
recommend salary range 33 which is the range for the City Prosecutor, the Cultural Services
Director, Human Resource Director, the Court Administrator and several others. It was
acknowledged that it was a place to start.
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Jennifer Solomon left the meeting
Recruitment and Selection
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Helen distributed a memo regarding recruitment and selection issues, listing the pros and
cons of an internal and external recruiter. The issue of perceived neutrality is one pro of
using an outside recruiter. It was suggested that an outside consultant could be used, such as
in the model suggested by the Police Commission, to screen the applications. There was
discussion of the sentiment of the City Council to not hire an outside recruiter. It was
suggested that a committee of the council could also be used to screen applications.
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Of concern was the extent to which stakeholders will be involved in the process. This will
be discussed at the next meeting.
February 22 Meeting
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This will be a check in the opportunity with the City Council to update them on the
recommendations thus far; it will also be the date for the Council to adopt a motion
endorsing the Police Commission model. A final report will be on the council agenda as
well as a brief review of the Police Commission work plan will be on the March 15 council
agenda.
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