Item 15 - Ordinance Establishing a Police Review Commission

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55394.00000\40763936.1 (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 Governm ent 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 Ana Police Department’s policies and procedures. (f) The Independent Oversight Director shall review and investigate timely filed/submitted complaints as soon as possible. Pursuant to Santa Ana City Charter Section 1100, the City Council hereby authorizes the Independent Oversight Director to subpoena witnesses for their independent investigation. At the conclusion of the investigation, the Indepdent Oversight Director shall submit a report with findings and recommendations, either orally or in writing, to the Commission. (1) Upon receipt of the Independent Oversight Director’s report, the Commission may: (i) Direct the Independent Oversight Director to investigate the complaint further; (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 Department’s 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 Police Department’s policies and procedures. (g) Authorize the Independent Oversight Director to audit complaint files and review policies to ensure best practices are implemented. (h) Advise the Mayor, City Council, City Manager and Police Chief on community relations issues involving the Police Department. (i) Review any Memorandum of Understanding (MOU) between the City and the Santa Ana Police Officers Association or the City and the Santa Ana Police Management