Attorney's opinion fuels debate on authority of police auditor.

Byline: Edward Russo The Register-Guard

Eugene has yet to hire its first police auditor, but a dispute with plenty of fireworks already has erupted over the scope of the auditor's authority.

Prominent Eugene private attorney Art Johnson has circulated a legal opinion that has sparked discussion about the power of the city manager and his relationship to the police auditor and the auditor's staff.

It's the latest chapter in the auditor story, which dates to last year when Eugene voters approved a change to the City Charter giving the City Council the authority to hire the police auditor and appoint the citizens review board.

The charter change represents a small but significant power shift at City Hall, where the city manager traditionally has hired and fired employees. Now, the council has that power over the auditor. But the ballot language did not specify who has authority over the auditor's staff.

The current dispute over that issue is itself part of a years-long on-again, off-again battle over the city manager's power.

Now, Johnson's opinion reportedly concludes that the auditor, not the city manager, has the legal authority to hire and fire staff members. The conclusion differs from the city attorney's advice to the city manager and council, which held that the city manager has ultimate authority over the auditor's staff.

But what exactly Johnson's opinion says is not publicly known because the opinion is being kept secret, and Johnson is unavailable for comment. And the secrecy has added to the fireworks.

Johnson's opinion is being welcomed by those, including some city councilors Bonny Bettman and David Kelly, who believe the auditor should be completely free of the city manager.

Other residents, however, criticize the opinion as a needless distraction and an attempted power grab by opponents of the city manager form of government.

"The more politics that is played with it, the harder it will be to get the police auditor off the ground," said Tim Laue, chairman of the Police Commission, an advisory group that last year proposed the auditor and civilian review board.

Some are troubled that only a few people - including Mayor Kitty Piercy, Bettman, Kelly and others - have seen the private opinion, and that they won't discuss it.

The credibility of the fledgling auditor system "is directly related to how transparent the process is," said Willy Edewaard, president of the Eugene Police Employees Association. "In this case, when you are having closed-door meetings, it erodes that credibility."

The auditor and review board are to oversee the complaint investigations against police officers. Last fall's ballot measure arose mainly in response to sex crimes committed by two police officers.

The city's legal staff concluded the auditor can supervise employees in the auditor's office and recommend who is hired and fired, but that the city manager is the only person with final power over the auditor's staff.

Based on that advice, Eugene City Manager Dennis Taylor in May signed an administrative order committing him to accepting the police auditor's recommendations on hiring, firing, transferring and disci- plining the auditor's staff, as long as the recommendations don't violate laws or city policies.

Attorney Johnson is a longtime plaintiffs lawyer, a contributor to liberal causes and candidates, including the auditor ballot measure, and part owner of the Eugene Weekly newspaper.

State senator and Police Commission member Floyd Prozanski has seen the opinion presented by Johnson. Prozanski said city attorneys appeared to rely on one section of the city charter to reach their conclusion, but Johnson's opinion looked at other charter sections, plus the "legislative intent" of the ballot measure to reach his conclusion.

"I'm not saying who is right and who is wrong, but it gave me reason to pause and I hope the City Council would request that the city attorney will review their options in light of these issues raised in the Johnson opinion," Prozanski said.

Resident Ron Chase, who worked on the auditor charter campaign, said Taylor's proposal is a "gesture on his part to make this thing work and still maintain some modicum of control. However, wasn't the intent of the ballot measure to guarantee the independence of the auditor's office from the city manager?"

Chase said Taylor's administrative order has "vague and subjective" language, and that Taylor can change or rescind the order by giving the auditor and council notice. "Once this notice is given, there is nothing the City Council or anyone else could do, short of terminating the city manager, to stop him from unilaterally and arbitrarily canceling the administrative order," Chase said. "This is unacceptable to me."

Johnson earlier this month discussed the opinion with Mayor Kitty Piercy, and other supporters of the amendment.

Some people familiar with the opinion said Johnson shared it with them on condition it remain confidential until he decided to make it public.

"I have seen it, but I am not" going to discuss it, said Piercy.

The mayor said she remains satisfied with Taylor's proposed delegation of authority to the auditor. Still, she asked Taylor to meet with Johnson, which they're scheduled to do July 10.