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5. Diminishes the capacity of commission membership. As written, the commission
<br /> membership requirements and qualifications will undermine the police oversight model.
<br /> 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 police
<br /> oversight including a background in human resources, management, policy development,
<br /> auditing, law, investigations, social services, civil rights, and civil liberties. Moreover, the
<br /> language excludes employees of all municipal agencies and their immediate family members.
<br /> This exclusion is overly broad and prevents qualified candidates from being appointed to the
<br /> commission.
<br /> 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
<br /> 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 or
<br /> not someone has filed a complaint. The commission must have the authority to receive, investigate,
<br /> hear, make findings, and recommend action regarding all complaints filed against members of SAPD,
<br /> including but not limited to:
<br /> 1. 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, dereliction
<br /> of duty to intercede during a use of force incident, abuse of authority, coercion, verbal abuse
<br /> (including, but not limited to, slurs relating to race, ethnicity, religion, gender, sexual orientation,
<br /> and disability), and discriminatory behavior.
<br /> 5. Civil rights violations including, but not limited to, unlawful stop or arrest, improper search or
<br /> seizure of either individuals or property, unlawful denial of access to counsel, and interference
<br /> 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 evidence.
<br /> 7. Criminal conduct involving theft, bribery, racketeering, trafficking, sexual assault, or domestic
<br /> violence.
<br /> The commission must also have the authority to regularly review and potentially investigate high-risk
<br /> police activities such as stops, arrests, and searches, as well as high risk programs including the Major
<br /> Enforcement Team, Gang Suppression Unit, and other units within the SAPD Investigations Bureau.
<br /> Importantly, the commission must have access to independent legal counsel to advise on their work
<br /> and duties.
<br /> 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 basis
<br /> of the complaint and allegations.
<br /> 2. Conduct interviews of witnesses including civilian witnesses, police witnesses.
<br /> 3
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