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Latino Health Access
<br /> LATINO 450 W. Fourth Street, Suite 130
<br /> HEALTH Santa Ana, CA 92701
<br /> ACCESS �� �" % 714-542-7792
<br /> www.latinohealthaccess.org
<br /> 5. Diminishes the capacity of commission membership. As written, the commission membership
<br /> requirements and qualifications will undermine the police oversight model. Specifically, the commission
<br /> members are not guaranteed to represent the city's diversity. Moreover, the language fails to include
<br /> commissioner qualifications to ensure effective police oversight including a background in human
<br /> resources, management, policy development, auditing, law, investigations, social services, civil rights,
<br /> and civil liberties. Moreover, the language excludes employees of all municipal agencies and their
<br /> immediate family members. This exclusion is overly broad and prevents qualified candidates from being
<br /> appointed to the 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 greatest
<br /> 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 not
<br /> someone has filed a complaint. The commission must have the authority to receive, investigate, hear, make
<br /> findings, and recommend action regarding all complaints filed against members of SAPD, including but not
<br /> 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 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 of
<br /> duty to intercede during a use of force incident, abuse of authority, coercion, verbal abuse (including, but
<br /> not limited to, slurs relating to race, ethnicity, religion, gender, sexual orientation, and disability), and
<br /> discriminatory behavior.
<br /> 5. Civil rights violations including, but not limited to, unlawful stop or arrest, improper search or seizure of
<br /> either individuals or property, unlawful denial of access to counsel, and interference with First
<br /> Amendment assemblies, association, or expression.
<br /> 6. Conduct that bears on the credibility of officers or demonstrates moral turpitude, including perjury, false
<br /> statements, filing false reports, destruction, falsifying, or concealing of evidence.
<br /> 7. Criminal conduct involving theft, bribery, racketeering, trafficking, sexual assault, or domestic violence.
<br /> The commision must also have the authority to regularly review and potentially investigate high-risk police
<br /> activities such as stops, arrests, and searches, as well as high risk programs including the Major Enforcement
<br /> Team, Gang Suppression Unit, and other units within the SAPD Investigations Bureau. Importantly, the
<br /> commission must have access 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
<br /> investigatory-model duties to include the following:
<br /> PREVENTION EDUCATION ACTION
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