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Item 28 - Police Oversight Commissioner
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Item 28 - Police Oversight Commissioner
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3/28/2024 10:46:36 AM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
28
Date
4/4/2023
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3/27/23, 11:47 AM <br />Santa Ana, CA Code of Ordinances <br />failure to intervene against another officer using force that is clearly unreasonable/excessive; or <br />(10) unlawful activities/conduct that interferes with First Amendment assemblies. <br />In addition to conducting investigations of complaints, tort claims, and/or lawsuits alleging the type of <br />misconduct set forth in section 2-665(b), the Independent Oversight Director shall also have the <br />independent authority to periodically request and review citizen complaints and "use of force" reports or <br />other pertinent documents maintained by, or available to, the Chief of Police to determine whether death or <br />great bodily injury was caused by direct police action. No investigations shall be commenced on any <br />incidents that occurred prior to the effective date of the Ordinance enacting this Division. Any review of <br />historical data or incidents must comply with all federal, state and local laws, including, but not limited to, <br />Government Code Section 3303, etseq., Penal Code Sections 832.5, 832.7 and 832.8, Evidence Code <br />Sections 1043 through 1046, Chapter 9, Article V of the Santa Ana Municipal Code, the MOU that applies to <br />the impacted member and Santa Ana Police Department's policies and procedures. <br />(d) The Independent Oversight Director shall conduct all audits and investigations in a fair, objective, <br />impartial, and ethical manner, and shall comply with the Public Safety Officers Procedural Bill of <br />Rights (Government Code Section 3300, etseq.) in interviewing police officers. The Independent <br />Oversight Director shall prepare a written report of each investigation that will constitute the <br />public record and may discuss confidential or privileged information with the Commission in a <br />properly notice closed session. The report shall comply with the provisions of Penal Code <br />Sections 832.5, 832.7 and 832.8 and Evidence Code Sections 1043 through 1046. After review by <br />the Commission, the public record of the investigation shall be posted on the public website for <br />the Commission within thirty (30) days. All disclosures of investigations conducted by the <br />Independent Oversight Director shall comply with California Penal Code Sections 832.5, 832.7 and <br />832.8 and California Evidence Code Sections 1043 through 1046, as amended from time to time. <br />The Independent Oversight Director may discuss findings with the Commission and/or the public <br />in strict compliance with California Penal Code Sections 832.5, 832.7 and 832.8 and California <br />Government Code Sections 3300, etseq. <br />(e) The City Manager or their designee shall assist with advertising the position of Independent <br />Oversight Director and shall prepare the necessary documents to engage the Independent <br />Oversight Director. The City Council shall review all qualifying applications and select no more <br />than three (3) applicants to interview for the role of Oversight Director. The Commission shall be <br />permitted the opportunity to review the top three (3) applicants and recommend a candidate to <br />the City Council. The Independent Oversight Director shall be authorized by the City Council <br />under Charter Section 1100 to report directly to the City Council. <br />( Ord. No. NS-3029 , § 1, 11-15-22) <br />Sec. 2-667. - Budget and support for commission and oversight director. <br />about:blank 8/10 <br />
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