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Item 22 - Police Review Commission Draft Ordinance Discussion
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10/18/2022 Special and Regular
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Item 22 - Police Review Commission Draft Ordinance Discussion
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8/14/2023 12:12:22 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
22
Date
10/18/2022
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55394.00000\40763936.1 <br /> <br /> <br /> <br />(b) Hear and review misconduct complaints against Santa Ana police officers where the <br />allegation involves the use of force that resulted in great bodily injury, discrimination, <br />officer veracity, sexual harassment, and/or sexual assault if the Department’s Internal <br />Affairs investigation results in a finding of “unfounded”, “exonerated” or “not sustained” <br />and thereafter by unanimous vote, recommend Oversight Director conduct independent <br />investigation; <br /> <br />OR <br /> <br />(b) Receive and review all findings from Internal Affairs stemming from misconduct <br />complaints against Santa Ana police officers where the allegation involves the use of <br />force that result in great bodily injury, discrimination, officer veracity, sexual harassment, <br />and/or sexual assault. <br /> <br /> <br />(1) All complaints to be reviewed by the Commission must be addressed to the <br />Commission and must be in writing on forms supplied by the Commission and shall be <br />signed by the complainant. Anonymous complaints will not be accepted. <br />(2) A copy of each complaint filed for Commission review shall immediately be <br />forwarded to the members of the Commission, the Independent Oversight Director, the <br />City Manager and the Chief of Police. <br />(3) No complaint shall be accepted, reviewed or investigated by the Commission or the <br />Independent Oversight Director if it is not filed with the Commission within one hundred <br />and twenty (120) days of the alleged misconduct by the Santa Ana Police Officer. <br />(4) All Commission discussions with the Independent Oversight Director concerning <br />alleged misconduct of any Santa Ana police officer shall be held in closed session. At <br />least ten (10) days' advance written notice of the date of the meeting in which a specific <br />officer will be discussed in closed session shall be given to the complainant and the <br />named police officer and their legal counsel, if known to the Commission. <br /> <br />(c) Receive and discuss reports from the Independent Oversight Director on all <br />incidents of the following: <br />(1) officer-involved shootings, (discharge of a firearm at a person by a Santa Ana peace <br />officer) that results in death; <br />(2) in-custody deaths; <br />(3) uses of force by a Santa Ana police officer that result in great bodily injury of a <br />person. <br /> <br />(d) Direct the Independent Oversight Director to independently investigate a complaint <br />of police misconduct as set forth in subsection (b) as authorized by this Division 11 or <br />the City Council provides authorization pursuant to Santa Ana City Charter Section <br />1100. <br /> <br />(1) The Independent Oversight Director shall investigate timely complaints as soon as <br />possible. Pursuant to Santa Ana City Charter Section 1100, the City Council hereby
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