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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
Agency
Clerk of the Council
Item #
15
Date
11/1/2022
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55394.00000\40763936.1 <br /> <br />All disclosures of investigations conducted by the Independent Oversight Director shall <br />comply with California Penal Code Sections 832.5, 832.7 and 832.8 and California <br />Evidence Code Sections 1043 through 1046, as amended from time to time. The <br />Independent Oversight Director may discuss findings with the Commission and/or the <br />public in strict compliance with California Penal Code Sections 832.5 , 832.7 and 832.8 <br />and California Government Code Sections 3300, et seq. <br /> <br />(e) The City Manager or their designee shall assist with advertising the position of <br />Independent Oversight Director and shall prepare the necessary documents to engage <br />the Independent Oversight Director. The City Council shall review all qualifying <br />applications and select no more than three applicants to interview for the role of Oversight <br />Director. The Commission shall be permitted the opportunity to review the top three <br />applicants and recommend a candidate to the City Council. The Independent Oversight <br />Director shall be authorized by the City Council under Charter Section 1100 to report <br />directly to the City Council. <br /> <br />Sec. 2-667. – Budget and Support for Commission and Oversight Director. <br />The City Manager shall make a recommendation to the city council, as part of the annual <br />City budget, to fund the Commission and any additional labor, consulting, equipment, <br />training, or materials necessary for the Commission and the Independent Oversight <br />Director to carry out the duties and exercise the powers set forth in this division. <br />Sec. 2-668 – Access to Police Department records, data and reports. <br />To effectuate meaningful oversight and accountability, t he Commission and the <br />Independent Oversight Director shall have complete and prompt access to all police <br />department records, information, and data, including, but not limited to, audio and video <br />recordings, photographs, police reports, dispatch logs, and other records related to the <br />underlying incident to assist the Commission and the Independent Oversight Director in <br />effectively discharging their respective duties, subject to all federal, state and local laws <br />including any and all restrictions set forth in the Santa Ana Charter, Municipal Code and <br />the Public Safety Officers Procedural Bill of Rights (Government Code Section 3300, et <br />seq.) The Police Department shall designate staff who will timely receive and process <br />requests for records made by the Commission and/or the Independent Oversight Director. <br />To increase transparency, all data including, but not limited to, stop, detention, arrest, <br />and use of force data, including Racial and Identity Profiling Act (“RIPA”) data and <br />reports, that are legally disclosed to the Department of Justice and/or any other federal <br />or state law enforcement agency, shall, at the time of disclosure of that data, be <br />concurrently provided to the Commission and the Independent Oversight Director. <br />Sec. 2-669. - Rules and records. <br />The Commission shall, in consultation with the Independent Oversight Director and the <br />City Manager, develop rules for the transaction of business of the Commission, which <br />rules shall, among other things, include the manner of calling and giving notice of special
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