Laserfiche WebLink
Chapter 9. Crafting the Ordinance or Legislation <br />Establishing Oversight <br />What are the things that I will need to include in the ordinance or enabling <br />legislation to establish an effective oversight mechanism? Are there <br />examples I can look to for guidance? <br />First, it may be necessary to determine whether the oversight agency will be created by <br />an ordinance or within a municipal charter through a vote. Municipal charter authority is <br />typically stronger, as an ordinance may be easier to overturn. There are other options, <br />including executive order (i.e., ordered by a mayor or chief municipal executive); <br />however, by executive order is a particularly weak means of establishing oversight as <br />any future mayor could easily eliminate it. <br />The form the enabling legislation takes is usually a function of local standards, but in all <br />cases it should include clear enabling language specifying what the oversight agency is <br />authorized to do. The enabling legislation also may officially determine the agency's <br />level of independence. Other sections of the language may address: <br />1. How will the head of the oversight agency be selected, what are the terms of the <br />agency head's term of employment, and what are the necessary or desired <br />qualifications for employment <br />2. How will volunteer board members be selected <br />3. What the qualifications (and disqualifications) are for being a board member <br />4. Whether independent legal counsel will be available to provide unbiased <br />guidance to the agency when called upon <br />5. What professional standards will be used by and within the agency <br />6. What training or credentials are required for employees of the agency <br />7. From where will the agency receive funding for its budget <br />8. What will be the reporting requirements of the agency, such as quarterly or <br />annual reports on things like complaint activity, investigative findings, police use <br />of force, or discipline <br />In order to establish civilian oversight with lasting strength, it is advantageous to codify <br />such strength within the enabling legislation as it is initially adopted. It is also critical to <br />not leave any vague, or unclear, in the enabling legislation. <br />27 <br />65D-156 <br />