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Page 2 <br /> auditor and monitor-focused model of oversight will accomplish these tasks and pave the way to <br /> a more holistic approach to public safety for communities that are under-resourced and over- <br /> policed. <br /> Recommendations for the Core Elements of Santa Ana's Police Oversight <br /> The core purposes of civilian-led oversight of law enforcement are to increase transparency and <br /> ensure accountability for misconduct. However, the Commission cannot effectuate those <br /> purposes without the following core components. <br /> Independence <br /> One of the central tenets of effective police oversight is independence. The police department is <br /> currently the only agency responsible for investigating excessive and deadly force and civilian <br /> complaints against officers. An independent investigative-auditor/monitor model will enable a <br /> civilian-led inquiry and findings into deadly use of force and misconduct allegations separate <br /> from the police department's investigation and findings. By excluding current and former law <br /> enforcement from serving on the Commission,the City of Santa Ana will retain the central <br /> tenet of independence and thereby ensure public trust in the model. Civilian-led oversight of <br /> law enforcement ensures that those who are subject to the power of the police department lend <br /> their expertise to shaping it and empowers residents to correct injustices that they and their <br /> neighbors suffer at the hands of police. <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 Commission, the Commission is fully independent from the Police <br /> Department, and that the City Attorney's office does not encounter any conflicts of interest. <br /> Sufficient Staffing <br /> It is imperative that the Commission tasked with conducting independent investigations is <br /> properly staffed to handle the number and breadth of investigations into civilian complaints, <br /> allegations of serious misconduct, and uses of deadly force. At least one investigator, <br /> preferably a licensed attorney,per fifty sworn officers will enable impartial and thorough <br /> investigations; this ratio would amount to eight attorney-investigators for the City of Santa <br /> Ana, as it has roughly 380 sworn officers. <br /> Investigative Authority and Authority to Make Binding Findings of Facts <br /> The Commission must have the authority to receive, investigate, and make findings of fact <br /> regarding all incidents and practices of the Police Department. Because the Commission cannot <br /> rely on the Police Department alone to investigate officer-involved deaths,the Commission <br /> AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF SOUTHERN CALIFORNIA <br />