Correspondence - #15 - Laserfiche WebLink

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to ensure the Commission is not an entity to review IA investigations or to review the PD complaint process.With this language,the Council will be giving the Commission investigatory power, as opposed to the more auditor language provided previously. Qualifications of Commissioners • The ordinance must clarify that current peace officers are not eligible for Commission membership. Nearly all investigations concerning policing are conducted by peace officers and law enforcement: SAPD IA, OCDA, and POST. The Commission must be composed entirely of civilians to ensure there is one layer of civilian-led oversight of SAPD. • Record checks shall not be required of commissioners. Record checks are an unnecessary deterrent for Commissioners who will be mandated to sign a confidentiality agreement. Furthermore,this is not a requirement for any other city commission,including the Personnel Board. Meetings e We must ensure that the Police Chiefs participation in meetings DOES NOT undermine the goal of an independent Commission and want to ensure that their participation in Commission meetings should be at the discretion of the Commission. With these changes, we want to preempt a scenario in which commission meetings are dominated by the Police Department in the form of Chief or designee participation, or that their presence leads the commission to give overwhelming deference to PD. Powers and Duties of the Police Oversight Commission • The Director must be able to compel the production of evidence and administer oaths in the administration of their duties. Moreover, the Director must deliver findings in writing to ensure clear communication with Commissioners, enabling them to carry out their duties. • When the Commission delivers a recommendation concerning policy or discipline, the City Manager and/or Police Chief must respond in writing to the Commission. The efficacy of the Commission will be measured in the amount of procedural justice that is afforded to the Commission and public. Recommendations must not begin and end with the Commission. Recommendations must be adequately considered and must enable responsive communication from SAPD and the City Manager's office. • There are several provisions that limit the Commission and Director's powers "subject to the restrictions set forth in ... Santa Ana Police Department's policies and procedures." This vague reference to SAPD policies and procedures has the potential to obstruct the duties of the Commission. For example, SAPD could enact a policy that impedes upon the Commission's responsibilities and the language of the ordinance. The Department's policies and procedures must not override this ordinance. For this reason, limiting powers subject to SAPD "policies and procedures" must be deleted from the language. • Regarding the Commission's annual report to the City Council, the public reports must capture the full work of the Commission, including policy and disciplinary recommendations and their disposition. This public reporting is essential for increasing transparency and public confidence in the Commission.