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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.
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