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CORRESPONDENCE - 85A
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CORRESPONDENCE - 85A
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10/1/2019 3:48:14 PM
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City Clerk
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85A
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10/1/2019
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removed from active duty, pending an investigation by the board and/or the Police <br />Department. The board can also help ensure the availability of adequate support for <br />officers in parallel and independent from discipline. <br />• Evidence of criminal activity must also be referred for potential prosecution. <br />• The board must possess the power to remove the Police Chief for cause (such as <br />failure to cooperate with the board) and be involved in appointing the Police Chief. <br />5. Power to audit, issue recommendations, and set policy. <br />The board must also have authority to audit practices, policies, and procedures of the <br />Police Department. <br />On the basis of such audits, the board must be empowered to set and change Police <br />Department policies as well as consult in hiring, training, and collective bargaining. <br />The board must have the power to review and make recommendations regarding the <br />Police Department budget and budgeting process. <br />6. Secure funding. <br />• The board's funding must be protected to ensure its independence, for example, by <br />setting the board's budget at a fixed percentage of the Police Department's budget or <br />in proportion to the size of the force. <br />• The board budget must support appropriate board staffing and training on the <br />requirements of constitutional policing and Police Department policies. <br />7. Due process protections for police officers. <br />Officers who are accused of misconduct must have the full range of due process <br />protections in the investigatory and disciplinary process, including Skelly rights and <br />the rights to access to counsel, to a hearing, and to an appeal. Officers must be <br />permitted to view the evidence presented against them, to testify, and to offer <br />statements to defend against misconduct allegations. <br />The board must employ a preponderance of the evidence standard. <br />8. Community engagement and public access and reporting. <br />• The board itself must publicize regular written reports and publicly produce data <br />regarding police practices, such as crime data and data on use of force, stops, and <br />arrests, as well as details regarding complaints and settlements. <br />• The board must also hold regular public meetings, which must be webcast and <br />recorded, to summarize findings and engage with community members. <br />• The board itself should be accountable to the public. <br />These goals are drawn from good practices and oversight mechanisms in place in other cities — <br />for example in Chicago, Newark, and Oakland. <br />Creating a civilian oversight board will enable this Council to demonstrate to the public its <br />concern and commitment to a constitutional, accountable, effective, and transparent Police <br />Department in Santa Ana. <br />
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