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Correspondence- #22
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10/18/2022 Special and Regular
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Correspondence- #22
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10/18/2022 2:07:44 PM
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10/18/2022 9:25:06 AM
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City Clerk
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12/1/2021
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The policy must clearly establish the investigatory responsibilities of the Commission. NACOLE <br /> identifies investigatory-model duties to include the following: <br /> 1. Identify the relevant police policy or policies that, if supported by evidence, constitute the <br /> basis of the complaint and allegations. <br /> 2. Conduct interviews of witnesses including civilian witnesses,police witnesses. <br /> 3. Gather evidence including photographs, sound and video recordings, receipts, and <br /> documents relevant to the complaint. <br /> 4. Prepare an investigative report identifying the witnesses interviewed and summaries of <br /> their testimonies;weigh the evidence and credibility; identify any gaps in the investigation <br /> due to lost or unavailable documents, unavailable or uncooperative witnesses, etc. <br /> 5. Make recommendations or findings as to whether the evidence supports the allegation(s). <br /> In some oversight systems, the agency has the authority to recommend and/or impose <br /> discipline. <br /> Police Oversight Commission Qualifications <br /> We urge the creation of a commission composed of diverse community leaders with the knowledge <br /> and experience to effectuate meaningful oversight of SAPD. We urge the council to support a <br /> commission appointed by the city council with the following qualifications: <br /> 1. To the extent practicable, appointments to the commission shall be broadly representative <br /> of Santa Ana's diversity and shall include members with knowledge and/or experience in <br /> the fields of human resources practices, management, policy development, auditing, law, <br /> investigations, social services, civil rights, and civil liberties. <br /> 2. Appointments to the commission shall be representative of the communities most affected <br /> by and with the most frequent contact with the Police Department. <br /> 3. Federal immigration status and criminal convictions shall not be considered in the <br /> appointment of the commission. <br /> Current and former sworn law enforcement officers should be excluded from commission <br /> membership. Immediate family members of law enforcement officers: spouse,registered domestic <br /> partner, or dependent children should also be excluded from commission membership. Finally, <br /> current or former employees,contractors,officials or representatives of an association representing <br /> sworn peace officers, must not be eligible to serve on the commission. <br /> If former law enforcement officers are permitted to serve on the commission, we believe the <br /> following minimum guardrails must be adopted: <br /> 1. Former law enforcement officers shall not be eligible to serve until they have been retired <br /> for at least five (5)years. <br /> 2. Former law enforcement officers must have occupied a managerial rank within their <br /> department. <br /> 3. Former law enforcement officers must not have been employed by a law enforcement <br /> agency in Orange County. <br /> 4. Former law enforcement officers must be limited to only one (1) commission membership <br /> appointment to ensure the commission is represented by majority civilians. <br /> Access to Police Department Documents and Records. <br /> 4 <br />
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