illegal law?

October 10, 2008
To: F. Douglass Harcleroad, Lane County District Attorney
From: Deborah Frisch, Ph.D.
Re: followup to your 10.8.08 letter re: ORS 181.854(3)

Dear Mr. Harcleroad,

Thank you very much for your prompt and informative reply to my appeal of the rejection by Eugene Police Department PIO Kletzok of my request for a redacted copy of Eugene Police Department Internal Affairs IA 08-109 that was discussed at the September 23, 2008 Civilian Review Board meeting. My understanding of your October 8, 2008 letter is that you concur with PIO Kletzok and City Attorney Brotherton (Harrang, Long, Gary & Rudnick) that because the investigation did not “result in discipline,” Ms. Kletzok would be violating ORS 181.854(3) if she provided me with even a redacted copy of EPD Internal Affairs report IA 08-109.

As you know, on December 13, 2006 the Eugene City Council passed Ordinance # 20374 creating the civilian review board. The privileges and duties of the civilian review board are codified in Section 2.244 of the Eugene City Code. Section 2 says “The civilian review board may review the completed investigation and adjudication of complaints filed against sworn police officers at the request of a complainant, upon the recommendation of the police auditor, or at its own discretion upon a majority vote of its members.”

If I understood your letter correctly, you are saying that Section 2.244 (2) of the Eugene City Code conflicts with ORS 181.854(3). That is:

a. every time Internal Affairs Supervisor McDermed has provided a copy of an EPD Internal Affairs Investigation to former Police Auditor Beamud or Interim Police Auditor Reynolds regarding an incident that did not result in the EPD officer’s being disciplined, she was in violation of ORS 181.854(3).
and
b. when the Eugene city attorney (Harrang, Long, Gary & Rudnick) reviewed this proposed addition to the Eugene City Code, it failed to notice that it violated state law and negligently allowed it to become part of the Eugene City Code.

I am not sure whether you are ethically or legally required to take action as a result of becoming aware that the Eugene City Code 2.244(2) conflicts with the Oregon Revised Statutes 181.854(3), but I just wanted to let you know.

Sincerely,

Deborah Frisch, Ph.D.