Correspondence - #15 - Laserfiche WebLink

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(10) unlawful activities/conduct that interferes with First Amendment assemblies. (e) Direct the Independent Oversight Director to independently review and investigate citizen complaints, tort claims, or lawsuits alleging the types of police misconduct as identified in section 2-665(b)or when the City Council provides authorization pursuant to Santa Ana City Charter Section 1100 subject to the restrictions set forth in Government Code Section 3300 et seq., California Penal Code Sections 832.5, 832.7 and 832.8; Evidence Code Sections 1043 through 1046;the Santa Ana Charter and Municipal Code, the MOU that applies to the impacted member, and Santa ARa PGIiGe Depar+,,,eRVE; policies and procedures. - Commented[JR5]:There are several provisions that limit the Commission and Director's powers subject to (f)The Independent Oversight Director shall review and investigate timely filed/submitted the restrictions of SAPID policies and procedures.This vague reference has the potential to obstruct the duties complaints as soon as possible. Pursuant to Santa Ana City Charter Section 1100, the of the Commission.For example,SAPID could enact a City Council hereby authorizes the Independent Oversight Director to subpoena policy that obstructs this ordinance.The Department's witnesses,administer oaths, and compel the production of evidence for their independent policies and procedures must not override this ordinance. investigation.At the conclusion of the investigation,the Indepdent Oversight Director shall submit a report with findings and recommendations, either orally ander in writing, to the Commission. Commented[JR6]:The Director must be able to compel the production of evidence and administer (1) Upon receipt of the Independent Oversight Director's report,the Commission may: oaths in the administration of their duties.Moreover, the Director must deliver findings in writing to ensure clear communication with Commissioners,enabling (i) Direct the Independent Oversight Director to investigate the complaint further; them to carry out their duties. (ii) Forward the Commission's findings and recommendations concerning the complaint to the City Manager based upon the Indepdent Oversight Director's report; and (iii) Make disciplinary recommendations to the Police Chief and/or the City Manager, when a complaint of misconduct has been sustained against a Santa Ana Police Officer subject to the restrictions set forth in Government Code Section 3300 et seq., California Penal Code Sections 832.5, 832.7 and 832.8; Evidence Code Sections 1043 through 1046;the Santa Ana Charter and Municipal Code,the MOU that applies to the impacted member„and the Police Departments policies and procedures. This subdivision does not, however, provide the Commission or the Independent Oversight Director the authority to impose any discipline on any member of the Police Department. All discipline ultimately imposed on any peace officer must comply with all federal,state and local laws,including, but not limited to, Government Code Section 3303,et seq., Penal Code Sections 832.5, 832.7 and 832.8; Evidence Code Sections 1043 through 1046; Chapter 9,Article V of the Santa Ana Municipal Code,the MOU that applies to the impacted member_,and the —eliGe ithin thirty 30 days after receiving such recommendations, the Police Chief and/or City Manager shall submit a response to the Commission. If the Commission is dissatisfied with the response, the Commission may submit its recommendations to the City Council. The Police Chief and/or City Manager may extend for an additional thirty (30)days the time periods in which they are required Commented[JR7]:When the Commission delivers a to submit their responses to the Commission by giving the Commission written notice of recommendation concerning policy or discipline,the such extension. 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 (g) Authorize the Independent Oversight Director to audit complaint files and review procedural justice that is afforded to the Commission policies to ensure best practices are implemented. and public.Recommendations must not begin and end with the Commission-they must be adequately considered and must enable responsive (h)Advise the Mayor,City Council,City Manager and Police Chief on community relations communication from SAPID and City Manager's office. 55394.00000A40763936.1