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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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his designee are required to attend all regular and special meetings of the commission. The <br /> investigations and deliberations of the police oversight commission must be independent <br /> from the Santa Ana Police Department (SAPD). We can no longer afford to continue to <br /> allow a closed system in which only police command staff and officers have any direct <br /> responsibility or control over the outcome of complaints from community members. An <br /> independent police oversight commission operates outside of the control, purview, or <br /> influence of police command staff. <br /> 2. Limits the scope and ability for public complaints. The policy language severely limits <br /> the scope of complaints and the timeframe by when the public can submit complaints. Under the <br /> stated model, the commission can only review complaints submitted to the commission, not the <br /> police department. The complaint must be submitted by the impacted person within 120 days of <br /> the incident. These limitations substantially obstruct the public from addressing police misconduct. <br /> By placing the onus for complaints on the impacted person within a specific timeframe, the City <br /> will effectively block oversight into complaints from witnesses and third parties. The timeframe <br /> is unduly burdensome, especially for people who have been harmed by police misconduct. <br /> Moreover, the policy inappropriately bars anonymous complaints, preventing people who wish to <br /> protect their privacy from seeking redress. The language also unnecessarily limits the subject of <br /> complaints submitted to the commission to serious uses of force, sexual assault, serious dishonesty, <br /> and discrimination. <br /> 3. Fails to establish access to police department records. The policy language fails to address <br /> the commissions' access to police records. To effectuate meaningful oversight, the commission <br /> must be guaranteed complete and prompt access, subject to state laws, to all SAPD documents, <br /> information, and testimony relevant to their investigations. The policy language does not include <br /> provisions outlining the communication between the commission and SAPD. The commission <br /> must have the ability to subpoena witnesses and documents, including police disciplinary <br /> documents, communications, video and audio footage. <br /> 4. Lacks disciplinary authority. The policy language similarly fails to address the <br /> commission's role in recommending accountability for officers that engage in misconduct. The <br /> commission must be explicitly authorized to provide disciplinary recommendations to the Police <br /> Chief and Internal Affairs division of SAPD before the statute of limitation expires. Finally, the <br /> language must authorize the commission to recommend disciplinary policy guidelines to the Police <br /> Chief, Internal Affairs Division, and City Council. <br /> 5. Diminishes the capacity of commission membership. As written, the commission <br /> membership requirements and qualifications will undermine the police oversight model. <br /> Specifically, the commission members are not guaranteed to represent the city's diversity. <br /> Moreover, the language fails to include commissioner qualifications to ensure effective police <br /> oversight including a background in human resources, management,policy development, auditing, <br /> law, investigations, social services, civil rights, and civil liberties. Moreover, the language <br /> excludes employees of all municipal agencies and their immediate family members. This exclusion <br /> is overly broad and prevents qualified candidates from being appointed to the commission. <br />
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