Correspondence - #38 - Laserfiche WebLink

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Page 3 must have the authority to respond to the scene of critical incidents,including police uses of deadly force. Another core component of efficacy is the authority to make binding findings of fact; mere recommendations or advisory opinions cannot change police behavior. Absent clear error, Commission's findings of fact must be binding and accepted by the Police Department and Police Chief. Clear error only exists when the Commission's findings of fact are based upon obvious and indisputable errors and cannot be supported by any reasonable interpretation of the evidence. We urge the Mayor and City Council to take two actions on Agenda Item 38. First, we urge the Council to direct staff to prepare an ordinance to establish the Commission, with the support of community-based organizations, and consider the ordinance before the end of the 2021-22 fiscal year. Several City surveys of Santa Ana residents have shown that police oversight has broad support and the effort to establish a strong oversight model must not be delayed further. If the Council considers and approves an ordinance to establish a Commission model before the end of the fiscal year,we can begin an implementation process that can take up to a year or longer. In order for the Commission to have the powers that efficacy requires, the City Charter must be amended. The ordinance that establishes the infrastructure of an effective Commission can be written and passed in parallel with the efforts to amend the Charter. To that end,we also recommend that the City Council direct staff to prepare a Charter amendment, to be submitted to voters at the November 2022 election, that authorizes the Commission to impose discipline upon the Chief of Police and Santa Ana Police Department officers for cause. The Charter amendment should also enshrine a sustainable budget to fully fund the Commission with public safety funds derived from cost-savings measures from the Santa Ana Police Department budget. The consideration of an ordinance and Charter amendment must happen concurrently to ensure police oversight is promptly enacted and that residents of the City of Santa Ana are empowered to remediate and prevent police violence. Sincerely, Jennifer Rojas Senior Policy Advocate and Organizer ACLU of Southern California CC: VSarmientogsanta-ana.org PBacerraksanta-ana.org TPhanksanta-ana.org DPenalozaksanta-ana.org JessieLopez e,santa-ana.org JRyanHernandezgsanta-ana.org NMendozagsanta-ana.org AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF SOUTHERN CALIFORNIA