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<br /> give the false impression that meaningful accountability and investigation into police misconduct
<br /> is occurring and potentially stall more effective reform methods. This is not acceptable for Santa
<br /> Ana residents who largely prefer investigation-focused and auditor-focused models.'
<br /> 1. Fails to establish commission independence. The National Association for Civilian
<br /> Oversight of Law Enforcement (NACOLE) defines an investigatory oversight model as
<br /> "allow[ing] for investigations to be conducted by the oversight agency and does not rely
<br /> on investigators from within the police department.112 The Exhibit 1 policy language will not
<br /> establish an investigatory police oversight commission. Rather, the language will
<br /> effectively establish a police review commission with an auditor. The language also fails
<br /> to establish meaningful independence from the police department, as the Chief of Police
<br /> or his designee are required to attend all regular and special meetings of the commission.
<br /> The investigations and deliberations of the police oversight commission must be
<br /> independent from the Santa Ana Police Department (SAPD). We can no longer afford to
<br /> continue to allow a closed system in which only police command staff and officers have
<br /> any direct responsibility or control over the outcome of complaints from community
<br /> members. An independent police oversight commission operates outside of the control,
<br /> purview, or influence of police command staff.
<br /> 2. Limits the scope and ability for public complaints. The policy language severely limits
<br /> the scope of complaints and the timeframe by when the public can submit complaints.
<br /> Under the stated model, the commission can only review complaints submitted to the
<br /> commission, not the police department. The complaint must be submitted by the impacted
<br /> person within 120 days of the incident. These limitations substantially obstruct the public
<br /> from addressing police misconduct. By placing the onus for complaints on the impacted
<br /> person within a specific timeframe, the City will effectively block oversight into complaints
<br /> from witnesses and third parties. The timeframe is unduly burdensome, especially for
<br /> people who have been harmed by police misconduct. Moreover, the policy inappropriately
<br /> bars anonymous complaints, preventing people who wish to protect their privacy from
<br /> seeking redress. The language also unnecessarily limits the subject of complaints
<br /> submitted to the commission to serious uses of force, sexual assault, serious dishonesty,
<br /> and discrimination.
<br /> 3. Fails to establish access to police department records. The policy language fails to
<br /> address the commissions' access to police records. To effectuate meaningful oversight,
<br /> the commission must be guaranteed complete and prompt access, subject to state laws,
<br /> to all SAPD documents, information, and testimony relevant to their investigations. The
<br /> policy language does not include provisions outlining the communication between the
<br /> ' Kpetman, Roxana. (2021, August 3). "Santa Ana to Host Virtual Forum on Police Oversight." The Orange
<br /> County Re ister. h kkX.2s,://,w,,ww.,,o,,c,re isker.com202'1/03/03/saka-aa.ko-host virk.Aal-fo.u.n on-G.2o,lice over,si ,ell
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<br /> 2"FAQs." National Association for Civilian Oversight of Law Enforcement.Accessed October 14, 2022.
<br /> h�kk.�s://www.nacole.or /fa s.
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