Ord 1865COUNCIL BILL N0. 187
ORDINANCE N0. 1865
AN ORDINANCE CREATING A CITIZENS REVIEW COMMISSION, DEFINING ITS FUNCTION,
AND DECLARING AN EMERGENCY.
WHEREAS, the Woodburn City Council established a subcommittee
to meet with City officials, officials from the U.S. Department of Justice,
and Hispanic representatives, to investigate establishing a citizens review
commission, and
WHEREAS, this group has met repeatedly and has worked diligently to
reach agreement, and
WHEREAS, an March 26, 1984, this group approached the Woodburn
City Council with a draft proposal which was endorsed unanimously by all
involved parties, and
WHEREAS, the Woodburn City Councii ordered, by unanimous motion,
that an ordinance be immediately prepared to implement this proposal, NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Name. The commission shall be known as the Woodburn
Citizens Review Commission and shall function as provided below.
Section 2. Purpose. The Commission shall review and manitar
department policy and procedures. It shall also hear appeals of complaints
submitted by citizens to the City of Woodburn.
Section 3. Composition. The Commission shall be made up of twelve
members appointed by the Mayor and approved by the Woodburn City Council.
Commissioners shall be representative of Woodburn population, including the
anglo, Russian, Mexican and senior citizens communities. The Commission shall
elect a chairperson fora term of one year.
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Section 4. Authority. The Commission shall have the following
authorities
(A} Summon witnesses, including but not limited to, city
employees, and records.
(B} Access to files of complaints under appeal where not otherwise
limited by law.
(C} Review Woodburn department policies and procedures and make
recommendations thereon to the department and to the Woodburn City Council.
Section 5. Terms of Office. The Commission shall be appointed by the
City Council far a term of three years. The initial appointments shall be four
Commissioners to one year terms, four to two year terms and four to three year
terms. In appointing Commissioners, the City Council shall consider nominees
from local community organizations.
Section 6, Meetings
(A} Quorum. Seven Commissioners shall constitute a quorum.
(8} Open Meetings. All meetings of the Commission shall be open to
the public, including, but not limited to, news media representatives, at a time
and place designated by the Commission. Notice of meetings shall be prominently
posted.
(C} Testimony. In all meetings, the Commission may accept whatever
oral or written testimony it deems appropriate and may impose time limits on
persons testifying. All persons summoned to appear shall, however, be afforded
a reasonable opportunity to give testimony, Whenever possible, witnesses should
testify from their own personal knowledge.
(D} voting. A11 Commission actions shall require the affirmative
vote of a majority of Commissioners present.
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(E} Minutes. The Commission secretary shall take written minutes
of all Commission meetings. The minutes shall include:
(1} Commissioners present.
(2) Motions proposed and their disposition.
(3) Results of each vote and the vote of each Commissioner.
(4) Substance of the discussion on any matter.
(5} Reference to any document discussed.
Section 7. Appea]s.
(A} The Commission shall review all complaint appeals. Upon receipt of
an appeal, the Commission shall review the complaint file, including a statement
of the process followed in handling the complaint and the department's decision
or finding.
(B} The Commission shall notify the department through the City
Administrator of the filing of an appeal.
(C) The appellant and the department shall provide the Commission
with a list of witnesses and a brief summary of their testimony.
(D) The Commission shall notify the appellant and the department of
the date, time and place of any hearing on the appeal.
(E} The Commission shall summon witnesses listed in. (C} above.
(f) At the close of the hearing on the appeal the Commission shall
reach a conclusion and make a recommendation as follows:
(1) That the department's investigation was adequate and that
the department's findings or decision be upheld.
(2} That the department should investigate the complaint further
and report back its findings to the Commission.
(3} That the department's findings or decision was incorrect and
recommend appropriate disciplinary action be taken.
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(G} The department and appellant shall be notified in writing as
to the final decision of the Commission.
Section 8. Review and Revision. Twelve months from the establishment
of this review commission, the Community Relations Service, U. S. Department of
Justice, Region X wi 11 reconvene representatives of the City and Community
United for Justice for the purpose of reviewing the operation of the Commission
and revising it as needed to meet current needs. This will be done on an annual
basis.
Section 9. This ordinance being necessary for the preservation of
the public peace, health and safety, an emergency is declared to exist and
this ordinance shall take effect immediately upon passage by the Council and
approval by the Mayor.
Approved as to form: ~ %~
City Attorney
~-y-~~
Date
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W LL J . COSTT AYOR
Passed by the Council
Submitted to the Mayor
Approved by the Mayo r
Filed in the Office of the Recorder
April 9, 1984
April 10, 1984
Apri 1 10, 1984
April 10, 1984
.'
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ATTEST:- f .f
BARNEY B RI Recorder
City of Woodburn, Oregon
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ORDINANCE N0. 1865