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Fundamental Police Oversight 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 the greatest attention to
<br /> 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 or not someone has
<br /> filed a complaint.The commission must have the authority to receive, investigate, hear, make findings, and recommend
<br /> action regarding all complaints filed against members of SAPID, including but not limited to:
<br /> All incidents of in-custody deaths or serious injury(Category I incidents).
<br /> Use of force, including force involving physical techniques or tactics, chemical agents, or weapons.
<br /> Police Department pursuits that result in collision or injury.
<br /> Misconduct and public complaints including, but not limited to, excessive use of force, dereliction of duty to intercede
<br /> during a use of force incident, abuse of authority, coercion,verbal abuse (including, but not limited to, slurs relating to
<br /> race, ethnicity, religion,gender, sexual orientation, and disability), and discriminatory behavior.
<br /> Civil rights violations including, but not limited to, unlawful stop or arrest, improper search or seizure of either
<br /> individuals or property, unlawful denial of access to counsel, and interference with First Amendment assemblies,
<br /> association, or expression.
<br /> Conduct that bears on the credibility of officers or demonstrates moral turpitude, including perjury,false statements,
<br /> filing false reports, destruction, falsifying, or concealing of evidence.
<br /> Criminal conduct involving theft, bribery, racketeering,trafficking, sexual assault, or domestic violence.
<br /> The commission must also have the authority to regularly review and potentially investigate high-risk police activities
<br /> such as stops, arrests, and searches, as well as high risk programs including the Major Enforcement Team, Gang
<br /> Suppression Unit, and other units within the SAPID Investigations Bureau. Importantly,the commission must have access
<br /> to independent legal counsel to advise on their work and duties.
<br /> The policy must clearly establish the investigatory responsibilities of the Commission. NACOLE identifies investigatory-
<br /> model duties to include the following:
<br /> Identify the relevant police policy or policies that, if supported by evidence, constitute the basis of the complaint and
<br /> allegations.
<br /> Conduct interviews of witnesses including civilian witnesses, police witnesses.
<br /> Gather evidence including photographs, sound and video recordings, receipts, and documents relevant to the complaint.
<br /> Prepare an investigative report identifying the witnesses interviewed and summaries of their testimonies;weigh the
<br /> evidence and credibility; identify any gaps in the investigation due to lost or unavailable documents, unavailable or
<br /> uncooperative witnesses, etc.
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