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Item 15 - Ordinance Establishing a Police Review Commission
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11/01/2022 Special and Regular
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Item 15 - Ordinance Establishing a Police Review Commission
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City Clerk
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Agenda Packet
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Clerk of the Council
Item #
15
Date
11/1/2022
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55394.00000\40763936.1 <br /> <br />employee at the discretion of the City Council. <br /> <br />(b) In addition to regular staff support provided to the Commission, the Independent <br />Oversight Director shall assist the Commission in performing its duties and exercising its <br />powers. <br /> <br />(c) After receiving a complaint, tort claim, or lawsuit and when directed by the <br />Commission, the Independent Oversight Director shall, in accordance with this division, <br />conduct investigations of officer-involved shootings (discharge of a firearm at a person), <br />in-custody deaths, and complaints, tort claims or lawsuits alleging on-duty Santa Ana <br />Police Officers engaged in the following conduct: <br /> <br />(1) use of force that resulted in great bodily injury of a person; <br />(2) prejudice or discrimination involving a protected class; <br />(3) dishonesty; <br />(4) sexual assault; <br />(5) unlawful arrest or unlawful search; <br />(6) unreasonable or excessive force; <br />(7) failure to intervene against another officer using force that is clearly <br />unreasonable/excessive; or <br />(8) unlawful activities/conduct that interferes with First Amendment assemblies. <br /> <br /> In addition to conducting investigations of complaints, tort claims, and/or lawsuits alleging <br />the type of misconduct set forth in section 2-665(b), the Independent Oversight Director <br />shall also have the independent authority to periodically request and review citizen <br />complaints and "use of force" reports or other pertinent documents maintained by, or <br />available to, the Chief of Police to determine whether death or great bodily injury was <br />caused by direct police action. No investigations shall be commenced on any incidents <br />that occurred prior to the effective date of the Ordinance enacting this Division. Any review <br />of historical data or incidents must comply with all federal, state and local laws, including <br />but not limited to, Government Code Section 3303, et seq., Penal Code Sections 832.5, <br />832.7 and 832.8; Evidence Code Sections 1043 through 1046; Chapter 9, Article V of the <br />Santa Ana Municipal Code, the MOU that applies to the impacted member and Santa <br />Ana Police Department’s policies and procedures. <br /> <br />(d) The Independent Oversight Director shall conduct all audits and investigations in a <br />fair, objective, impartial, and ethical manner, and shall comply with the Public Safety <br />Officers Procedural Bill of Rights (Government Code Section 3300, et seq.) in interviewing <br />police officers. The Independent Oversight Director shall prepare a written report of each <br />investigation that will constitute the public record and may discuss confidential or <br />privileged information with the Commission in a properly notice closed session. The report <br />shall comply with the provisions of Penal Code Sections 832.5, 832.7 and 832.8 and <br />Evidence Code Sections 1043 through 1046. After review by the Commission, the public <br />record of the investigation shall be posted on the public website for the Comm ission within <br />thirty (30) days. <br />
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