|
Specifically, the commission members are not guaranteed to represent the city's diversity.
<br /> Moreover, the language fails to include commissioner qualifications to ensure effective
<br /> police oversight including a background in human resources, management, policy
<br /> development, auditing, law, investigations, social services, civil rights, and civil liberties.
<br /> Moreover,the language excludes employees of all municipal agencies and their immediate
<br /> family members. This exclusion is overly broad and prevents qualified candidates from
<br /> being appointed to the commission.
<br /> Fundamental Police Oversi,-ht Policy Provisions and Our Recommendations
<br /> It is imperative that the City of Santa Ana establish a comprehensive, effective, and fully
<br /> funded police oversight model with a clearly defined scope and authority to prevent, intervene,
<br /> and investigate police misconduct and violence. For this reason, we urge the City Council to pay
<br /> the greatest attention to and adopt amendments pertaining to the following policy provisions.
<br /> Independent Investigatory Authority
<br /> The commission must have authority to investigate serious incidents, such as use of force whether
<br /> or not someone has filed a complaint. The commission must have the authority to receive,
<br /> investigate, hear, make findings, and recommend action regarding all complaints filed against
<br /> members of SAPD, including but not limited to:
<br /> I. All incidents of in-custody deaths or serious injury (Category I incidents).
<br /> 2. Use of force, including force involving physical techniques or tactics, chemical agents, or
<br /> weapons.
<br /> 3. Police Department pursuits that result in collision or injury.
<br /> 4. Misconduct and public complaints including, but not limited to, excessive use of force,
<br /> dereliction of duty to intercede during a use of force incident, abuse of authority, coercion,
<br /> verbal abuse(including,but not limited to, slurs relating to race, ethnicity,religion, gender,
<br /> sexual orientation, and disability), and discriminatory behavior.
<br /> 5. Civil rights violations including,but not limited to,unlawful stop or arrest, improper search
<br /> or seizure of either individuals or property, unlawful denial of access to counsel, and
<br /> interference with First Amendment assemblies, association, or expression.
<br /> 6. Conduct that bears on the credibility of officers or demonstrates moral turpitude, including
<br /> perjury, false statements, filing false reports, destruction, falsifying, or concealing of
<br /> evidence.
<br /> 7. Criminal conduct involving theft, bribery, racketeering, trafficking, sexual assault, or
<br /> domestic violence.
<br /> The commission must also have the authority to regularly review and potentially investigate high-
<br /> risk police activities such as stops, arrests, and searches, as well as high risk programs including
<br /> the Major Enforcement Team, Gang Suppression Unit, and other units within the SAPD
<br /> Investigations Bureau. Importantly,the commission must have access to independent legal counsel
<br /> to advise on their work and duties.
<br /> 3
<br />
|