Item 15 - Ordinance Establishing a Police Review Commission

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55394.00000\40763936.1 employee at the discretion of the City Council. (b) In addition to regular staff support provided to the Commission, the Independent Oversight Director shall assist the Commission in performing its duties and exercising its powers. (c) After receiving a complaint, tort claim, or lawsuit and when directed by the Commission, the Independent Oversight Director shall, in accordance with this division, conduct investigations of officer-involved shootings (discharge of a firearm at a person), in-custody deaths, and complaints, tort claims or lawsuits alleging on-duty Santa Ana Police Officers engaged in the following conduct: (1) use of force that resulted in great bodily injury of a person; (2) prejudice or discrimination involving a protected class; (3) dishonesty; (4) sexual assault; (5) unlawful arrest or unlawful search; (6) unreasonable or excessive force; (7) failure to intervene against another officer using force that is clearly unreasonable/excessive; or (8) unlawful activities/conduct that interferes with First Amendment assemblies. In addition to conducting investigations of complaints, tort claims, and/or lawsuits alleging the type of misconduct set forth in section 2-665(b), the Independent Oversight Director shall also have the independent authority to periodically request and review citizen complaints and "use of force" reports or other pertinent documents maintained by, or available to, the Chief of Police to determine whether death or great bodily injury was caused by direct police action. No investigations shall be commenced on any incidents that occurred prior to the effective date of the Ordinance enacting this Division. Any review of historical data or incidents 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 Santa Ana Police Department’s policies and procedures. (d) The Independent Oversight Director shall conduct all audits and investigations in a fair, objective, impartial, and ethical manner, and shall comply with the Public Safety Officers Procedural Bill of Rights (Government Code Section 3300, et seq.) in interviewing police officers. The Independent Oversight Director shall prepare a written report of each investigation that will constitute the public record and may discuss confidential or privileged information with the Commission in a properly notice closed session. The report shall comply with the provisions of Penal Code Sections 832.5, 832.7 and 832.8 and Evidence Code Sections 1043 through 1046. After review by the Commission, the public record of the investigation shall be posted on the public website for the Comm ission within thirty (30) days.