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4. Lacks disciplinary authority. The policy language similarly fails to address the
<br /> commission's role in recommending accountability for officers that engage in
<br /> misconduct. The commission must be explicitly authorized to provide disciplinary
<br /> recommendations to the Police Chief and Internal Affairs division of SAPD before the
<br /> statute of limitation expires. Finally, the language must authorize the commission to
<br /> recommend disciplinary policy guidelines to the Police Chief, Internal Affairs Division,
<br /> 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
<br /> police oversight including a background in human resources, management, policy
<br /> development, auditing, law, investigations, social services, civil rights, and civil liberties.
<br /> Moreover, the language excludes employees of all municipal agencies and their
<br /> immediate family members. This exclusion is overly broad and prevents qualified
<br /> candidates from being appointed to the commission.
<br /> Fundamental Police Oversight Policy Provisions and Our Recommendations
<br /> It is imperative that the City of Santa Ana establish a comprehensive, effective, and fully
<br /> funded police oversight model with a clearly defined scope and authority to prevent, intervene,
<br /> and investigate police misconduct and violence. For this reason, we urge the City Council to pay
<br /> the greatest attention to and adopt amendments pertaining to the following policy provisions.
<br /> Independent Investigatory Authority
<br /> The commission must have authority to investigate serious incidents, such as use of force
<br /> whether or not someone has filed a complaint. The commission must have the authority to
<br /> receive, investigate, hear, make findings, and recommend action regarding all complaints filed
<br /> against 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,
<br /> coercion, verbal abuse (including, but not limited to, slurs relating to race, ethnicity,
<br /> religion, 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,
<br /> including perjury, false statements, filing false reports, destruction, falsifying, or
<br /> concealing of evidence.
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