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Item 15 - Ordinance Establishing a Police Review Commission
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Item 15 - Ordinance Establishing a Police Review Commission
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8/14/2023 10:39:07 AM
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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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Police Oversight Ordinance <br />November 1, 2022 <br />Page 5 <br />3 <br />0 <br />1 <br />9 <br />o Authorize the Commission to receive, hear, and review misconduct <br />complaints. <br />o Allow receipt of anonymous complaints. <br />o Allow complaints to be filed/submitted within 180 days of the alleged <br />misconduct by a Santa Ana Police Officer or within one year from <br />person(s) who are incapacitated due to health and/or who have been <br />incarcerated (provided that sufficient proof is provided of such <br />incapacitation and/or incarceration). <br />o Authorize the Commission to make disciplinary recommendations to the <br />Police Chief and/or the City Manager when misconduct is sustained. <br />▪All discipline ultimately imposed on any peace officer must comply <br />with all federal, state and local laws. <br />o Adds that complaints, tort claims, or lawsuits can be received, regardless <br />of where or how it is filed. <br />•Access to Police Department Records, Data, and Reports (sec. 2-668) <br />o Authorize the Commission and Independent Oversight Director to have <br />access to all police department records, subject to all federal, state, and <br />local laws. <br />o Require all data legally disclosed to the California Department of Justice <br />and/or any other federal or state law enforcement agency be concurrently <br />provided to the Commission and the Independent Oversight Director. <br />Next Steps <br />If the first reading of the ordinance is approved, the ordinance will return for a second <br />reading and adoption at the November 15 meeting. If approved at the November 15 <br />meeting, the ordinance will become effective 30 days thereafter. <br />Staff has begun negotiations with the National Association for Civilian Oversight of Law <br />Enforcement (“NACOLE”) to engage them by means of a professional services <br />agreement to assist with preparation of an implementation plan, implementation, and <br />training relating to the Police Oversight Commission. Staff will return to the City Council <br />at a subsequent meeting with details relating to the implementation plan. <br />ENVIRONMENTAL IMPACT <br />There is no environmental impact associated with this action. <br />FISCAL IMPACT <br />As part of the FY 2022-23 Budget, the City Council appropriated $1 million for police <br />oversight. These funds are available for expenditure during FY 2022-23 in the General <br />Non-Departmental budget (account no. 01105015-62302).
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