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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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11 <br /> f e� dbNro <br /> S p <br /> J ,I• � �i�� N <br /> TI <br /> 14 <br /> Ivy mu <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 <br /> counsel to advise on their work 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 <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 <br /> knowledge and experience to effectuate meaningful oversight of SAPD. We urge the council to <br /> support a 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 /> 4 <br />
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