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Independent Investigatory Authority <br /> The commission must have authority to investigate serious incidents, such as use of force whether <br /> or not someone has filed a complaint. The commission must have the authority to receive, <br /> investigate, hear, make findings, and recommend action regarding all complaints filed against <br /> members of SAPD,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, <br /> dereliction of duty to intercede during a use of force incident, abuse of authority, coercion, <br /> verbal abuse (including, but not limited to, slurs relating to race, ethnicity, religion, <br /> gender, sexual orientation, and disability), and discriminatory behavior. <br /> 5. Civil rights violations including, but not limited to, unlawful stop or arrest, improper <br /> search or seizure of either individuals or property, unlawful denial of access to counsel, <br /> and 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 commision must also have the authority to regularly review and potentially investigate <br /> high-risk police activities such as stops, arrests, and searches, as well as high risk programs <br /> including 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 counsel <br /> 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 /> l. 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 /> 464➢.. caaw Ave#202* ➢ms Airng llu w,CA 90017*213...481... 740*www,duueJuusfice„aairg*Pirnirnted in•Ihouse <br />