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Correspondence - #38
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Correspondence - #38
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Alianza .� <br /> Translatinp <br /> civil rights movements' response to excessive and deadly force by law enforcement. Given the recent <br /> high-profile killing of Santa Ana resident Brandon Lopez by Anaheim Police Department officers <br /> in September 2021,it is imperative that the City of Santa Ana build an effective police oversight <br /> model to help avert future unjustified use of deadly force against civilians,hold police officers <br /> accountable for misconduct, and intervene in systemic problems within the Santa Ana Police <br /> Department.An investigative-auditor/monitor model will accomplish these tasks and pave the way to a <br /> more holistic approach to public safety for communities that are under-resourced and over-policed. <br /> One of the core tenets of effective police oversight is independence. The police department is currently <br /> the only agency responsible for investigating excessive and deadly force and civilian-complaints against <br /> officers. An independent investigative-auditor/monitor model will enable a civilian-led inquiry and <br /> findings into deadly use of force and misconduct allegations separate from the police department's <br /> investigation and findings. By excluding current and former law enforcement from serving on the <br /> oversight board and commission,the city will retain the core tenet of independence and thereby ensure <br /> public trust in the model. Civilian-led oversight of law enforcement ensures that those who are subject to <br /> the power of the police department lend their expertise to shaping it, and empowers residents to correct <br /> injustices that 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 and <br /> scope of authority. First, it is imperative that the Police Oversight Commission (Commission)tasked with <br /> conducting independent investigations is properly staffed to handle the number and breadth of <br /> investigations into civilian complaints,allegations of serious misconduct, and uses of deadly force. At <br /> least one attorney-investigator per fifty officers will enable impartial and thorough investigations; <br /> this ratio would amount to eight attorney-investigators for the City of Santa Ana, as it has roughly <br /> 380 sworn officers. <br /> Moreover,we recommend that attorneys working for the Commission not provide legal advice or <br /> representation to any department or function of the City of Santa Ana other than the Commission. <br /> We also recommend that all financial,personnel and administrative functions of all Commission attorneys <br /> be under the jurisdiction of the City Manager or Commission Director, and not under the jurisdiction of <br /> the City Attorney, as the City Attorney provides counsel to the Santa Ana Police Department. This <br /> structure ensures the City has departmental authority over the Police Oversight Board/Commission and <br /> the Board/Commission is fully independent from the Police Department and that the City Attorney's <br /> office does not encounter any conflicts of interest. <br /> In order to be effective,the Board/Commission must not only be independent,but it must also have the <br /> authority to receive,investigate, and make findings of fact regarding all incidents and practices of the <br /> Police Department. Because the Board/Commission cannot rely on the Police Department alone to <br /> investigate officer-involved deaths,the Board/Commission must have the authority to respond to <br /> the scene of critical incidents,including police uses of deadly force. Another core component of <br /> efficacy is the authority to make binding findings of fact;mere recommendations or advisory opinions <br /> 'Ridge,K. (2022).Police Oversight Ad Hoc Committee Informational Report. Santa Ana City Manager's Office. <br /> httl)s:Hsanta-ana.l)rimegov.com/l)ortal/viewer?id=2579&type=O <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 <br /> Community Oriented Policing Services. <br />
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