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Correspondence - #38
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04/05/2022 Special and Regular & HA
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Correspondence - #38
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When high-profile police killings occur locally or nationwide, calls for police accountability and <br /> transparency grow louder. In fact, the very origins and advancements of police oversight are <br /> rooted in civil rights movements'response to excessive and deadly force by law enforcement.z <br /> Given the recent high-profile killing of Santa Ana resident Brandon Lopez by Anaheim <br /> Police Department officers in September 2021, it is imperative that the City of Santa Ana <br /> build an effective police oversight model to help avert future unjustified use of deadly force <br /> against civilians, hold police officers accountable for misconduct, and intervene in systemic <br /> problems within the Santa Ana Police Department. An investigative-auditor/monitor model <br /> will accomplish these tasks and pave the way to a more holistic approach to public safety for <br /> communities that are under-resourced and over-policed. <br /> One of the core tenets of effective police oversight is independence. The police department is <br /> currently the only agency responsible for investigating excessive and deadly force and <br /> civilian-complaints against officers. An independent investigative-auditor/monitor model will <br /> enable a civilian-led inquiry and findings into deadly use of force and misconduct allegations <br /> separate from the police department's investigation and findings. By excluding current and <br /> former law enforcement from serving on the oversight board and commission, the City will <br /> retain the core tenet of independence and thereby ensure public trust in the model. Civilian-led <br /> oversight of law enforcement ensures that those who are subject to the power of the police <br /> department lend their expertise to shaping it, and empowers residents to correct injustices that <br /> they and their neighbors suffer at the hands of police. <br /> As the City Council further discusses police oversight, it must also address the issues of staffing <br /> and scope of authority. First, it is imperative that the Police Oversight Commission <br /> (Commission) tasked with conducting independent investigations is properly staffed to handle <br /> the number and breadth of investigations into civilian complaints, allegations of serious <br /> misconduct, and uses of deadly force. At least one attorney-investigator per fifty officers will <br /> enable impartial and thorough investigations; this ratio would amount to eight <br /> attorney-investigators for the City of Santa Ana, as it has roughly 380 sworn officers. <br /> Moreover,we recommend that attorneys working for the Commission not provide legal <br /> advice or representation to any department or function of the City of Santa Ana other than <br /> the Commission. We also recommend that all financial, personnel and administrative functions <br /> of all Commission attorneys be under the jurisdiction of the City Manager or Commission <br /> Director, and not under the jurisdiction of the City Attorney, as the City Attorney provides <br /> counsel to the Santa Ana Police Department. This structure ensures the City has departmental <br /> authority over the Police Oversight Board/Commission and the Board/Commission is fully <br /> 2 Vitoroulis,Michael,Cameron McEllhiney,and Liana Perez.2021.The Evolution and Growth of Civilian <br /> Oversight:Key Principles and Practices for Effectiveness and Sustainability.Washington,DC: Office of Community <br /> Oriented Policing Services. <br />
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