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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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City Clerk
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12/1/2021
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Current and former sworn law enforcement officers should be excluded from commission <br /> membership. Immediate family members of law enforcement officers: spouse,registered domestic <br /> partner, or dependent children should also be excluded from commission membership. Finally, <br /> current or former employees, contractors, officials or representatives of a association or an <br /> employee association representing sworn peace officers, must not be eligible to serve on the <br /> commision. <br /> If former law enforcement officers are permitted to serve on the commission, we believe the <br /> following minimum guardrails must be adopted: <br /> 1. Former law enforcement officers shall not be eligible to serve until they have been retired <br /> for at least five (5)years. <br /> 2. Former law enforcement officers must have occupied a managerial rank within their <br /> department. <br /> 3. Former law enforcement officers must not have been employed by a law enforcement <br /> agency in Orange County. <br /> 4. Former law enforcement officers must be limited to only one (1) commission membership <br /> appointment to ensure the commission is represented by majority civilians. <br /> Access to Police Department Documents and Records. <br /> The commission must have unfettered access to all relevant SAPD files, documents and records, <br /> except as otherwise prohibited by law,in addition to all files and records of other City departments <br /> and agencies. The commission must have access to the records necessary for their investigations <br /> and audits. Any relevant records held by the police department that can be shared in a <br /> discretionary manner must be proactively disclosed to the commission in the discharge of their <br /> duties. <br /> Power to Issue Disciplinary Recommendations <br /> The ordinance passed by the City Council must explicitly authorize the commission to deliver <br /> disciplinary recommendations to the Police Chief and Internal Affairs division of SAPD. An <br /> independent investigation will be meaningful only if its findings inform the basis for deciding <br /> possible disciplinary actions. The commission must play a role in officer discipline. <br /> Commission Transparency and Reporting <br /> The commission must be required to conduct public meetings on SAPD's policies, practices, <br /> procedures, customs, orders, collective bargaining agreements, programs, training, and annual <br /> budget. The commission must also be authorized to issue recommendations to the City Council on <br /> the aforementioned subjects. <br /> Police Department Transparency and Reporting <br /> One of the essential functions of police oversight is increased transparency. The commission must <br /> have access to police department data to inform their work. Per Assembly Bill 71 (2014) SAPD is <br /> mandated by state law to annually submit data to the California Department of Justice (DOJ) on <br /> use of force incidents that resulted in serious bodily injury, death, or discharge of a firearm. Under <br /> AB 953 (2015), SAPD is mandated to report a) all vehicle and pedestrian stops and b) citizen <br /> complaints alleging racial and identity profiling to the DOJ. Use of force and racial and identity <br /> profiling are matters of great concern for the police commission. Because SAPD is issuing reports <br /> to the DOJ, we urge the City Manager and City Council to mandate the Police Department issue <br /> an annual written report summarizing use of force and racial and identity profiling data to the <br /> commission. <br /> It is imperative that the City of Santa Ana build an effective police oversight model to help avert <br /> future unjustified use of deadly force against civilians, hold police officers accountable for <br /> misconduct, and intervene to resolve systemic problems within the Santa Ana Police Department. <br /> 464➢.. caaw Ave#202* ➢ins Airng llu w,CA 90017*213...481.3740*www,duueJuusfice„aairg*Pirnirnted in•Ihouse <br />
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