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within the previous 5 years and all open or closed complaints for every current <br /> sworn officer. <br /> c. Subject to applicable law, the Board and OAT shall have the same access to all <br /> Department files and records, including the Department's Internal Affairs <br /> Division (hereinafter, IAD) files and records, related to sworn employees of the <br /> Department, in addition to all files and records of other City departments and <br /> agencies related to sworn employees of the Department, as IAD, including but <br /> not limited to the same access to electronic databases as IAD as permitted by <br /> law. Requests for access to such files and records shall be made by a majority <br /> vote of the Board or by the OAT Director. By majority vote, the Board shall have <br /> the authority to request information from the Department, and the Chief of <br /> Police or her or his designee shall respond to such requests, as permitted by law. <br /> All those who have access to confidential information shall maintain <br /> confidentiality as required by law. <br /> 2. The Police Department and other City departments and agencies shall make every <br /> reasonable effort to respond to the Board's requests within twenty four (24) hours of a <br /> critical incident and three (3) business days for all other matters. <br /> a. Every six (6) months, the Police Department shall complete and submit to the <br /> Board an internal audit of Board requests to ensure compliance with Board <br /> requests. <br /> i. Any item that is being withheld, its entirety or partial form, from the <br /> Board shall be reported to the Board along with the reason and projected <br /> timeframe of the item's release to the Board. <br /> Section X.6.3 [Subpoena Power] <br /> 1. Pursuant to Santa Ana City Charter Article XI Section 1100, the Board may subpoena <br /> witnesses, administer oaths, and compel the production of evidence as are necessary <br /> for the investigation of complaints or of other misconduct [as set out in Part X above <br /> related to jurisdiction]. This shall include but not be limited to cell phone records, social <br /> media records, messaging application records, as well as video and audio footage. <br /> a. Consistent with state law and in accordance with [City legal provisions], upon a <br /> majority vote of members of the Board, the Board may issue subpoenas ad <br /> testificandum and duces tecum, which may be served, to the extent permitted <br /> by law. <br /> 2. If a witness fails to attend, or in the case of a subpoena duces tecum, if an item is not <br /> produced as set forth therein, the chair of the Board or the chair authorized deputy <br /> issuing the subpoena, upon proof of service thereof, may certify the facts to the <br /> Superior Court for enforcement of the subpoena consistent with the procedures set <br /> forth in Cal. Gov. Code Section 25303.7(b)(2)-(3). <br /> 14 <br />