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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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12/1/2021
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is occurring and potentially stall more effective reform methods. This is not acceptable for Santa <br /> Ana residents who largely prefer investigation-focused and auditor-focused models.' <br /> 1. Fails to establish commission independence. The National Association for Civilian <br /> Oversight of Law Enforcement (NACOLE) defines an investigatory oversight model as <br /> "allow[ing] for investigations to be conducted by the oversight agency and does not rely <br /> on investigators from within the police department."' The Exhibit 1 policy language will <br /> not establish an investigatory police oversight commission. Rather, the language will <br /> effectively establish a police review commission with an auditor. The language also fails <br /> to establish meaningful independence from the police department, as the Chief of Police <br /> or his designee are required to attend all regular and special meetings of the commission. <br /> The investigations and deliberations of the police oversight commission must be <br /> independent from the Santa Ana Police Department (SAPD). We can no longer afford to <br /> continue to allow a closed system in which only police command staff and officers have <br /> any direct responsibility or control over the outcome of complaints from community <br /> members. An independent police oversight commission operates outside of the control, <br /> purview, or 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. <br /> Under the stated model, the commission can only review complaints submitted to the <br /> commission, not the police department. The complaint must be submitted by the <br /> impacted person within 120 days of the incident. These limitations substantially obstruct <br /> the public from addressing police misconduct. By placing the onus for complaints on the <br /> impacted person within a specific timeframe, the City will effectively block oversight <br /> into complaints from witnesses and third parties. The timeframe is unduly burdensome, <br /> especially for people who have been harmed by police misconduct. Moreover, the policy <br /> inappropriately bars anonymous complaints, preventing people who wish to protect their <br /> 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 <br /> dishonesty, and discrimination. <br /> 3. Fails to establish access to police department records. The policy language fails to <br /> address the commissions' access to police records. To effectuate meaningful oversight, <br /> the commission must be guaranteed complete and prompt access, subject to state laws, to <br /> all SAPD documents, information, and testimony relevant to their investigations. The <br /> policy language does not include provisions outlining the communication between the <br /> commission and SAPD. The commission must have the ability to subpoena witnesses and <br /> documents, including police disciplinary documents, communications, video and audio <br /> footage. <br /> Kpetman,Roxana. (2021,August 3)."Santa Ana to Host Virtual Forum on Police Oversight." The Orange <br /> County Register.hiiP� ,�&, ,�p rm m 202➢ 0S 03 �° a ..: ...h u i.�' m.. AA•n... ,�r,A h <br /> 2"FAQs."National Association for Civilian Oversight of Law Enforcement.Accessed October 14,2022. <br /> 2 <br />
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