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7. Criminal conduct involving theft, bribery, racketeering, trafficking, sexual assault, or domestic violence. The commision must also have the authority to regularly review and potentially investigate high-risk police activities such as stops, arrests, and searches, as well as high risk programs including the Major Enforcement Team, Gang Suppression Unit, and other units within the SAPD Investigations Bureau. Importantly, the commission must have access to independent legal counsel to advise on their work and duties. The policy must clearly establish the investigatory responsibilities of the Commission. NACOLE identifies investigatory-model duties to include the following: 1. Identify the relevant police policy or policies that, if supported by evidence, constitute the basis of the complaint and allegations. 2. Conduct interviews of witnesses including civilian witnesses, police witnesses. 3. Gather evidence including photographs, sound and video recordings, receipts, and documents relevant to the complaint. 4. Prepare an investigative report identifying the witnesses interviewed and summaries of their testimonies; weigh the evidence and credibility; identify any gaps in the investigation due to lost or unavailable documents, unavailable or uncooperative witnesses, etc. 5. Make recommendations or findings as to whether the evidence supports the allegation(s). In some oversight systems, the agency has the authority to recommend and/or impose discipline. Police Oversight Commission Qualifications We urge the creation of a commission composed of diverse community leaders with the knowledge and experience to effectuate meaningful oversight of SAPD. We urge the council to support a commission appointed by the city council with the following qualifications: 1. To the extent practicable, appointments to the commission shall be broadly representative of Santa Ana's diversity and shall include members with knowledge and/or experience in the fields of human resources practices, management, policy development, auditing, law, investigations, social services, civil rights, and civil liberties. 2. Appointments to the commission shall be representative of the communities most affected by and with the most frequent contact with the Police Department. 3. Federal immigration status and criminal convictions shall not be considered in the appointment of the commission. Current and former sworn law enforcement officers should be excluded from commission membership. Immediate family members of law enforcement officers: spouse, registered domestic partner, or dependent children should also be excluded from commission membership. Finally, current or former employees, contractors, officials or representatives of a association or an employee association representing sworn peace officers, must not be eligible to serve on the commision. If former law enforcement officers are permitted to serve on the commission, we believe the following minimum guardrails must be adopted: 4