Item 05 - Ordinance Adding Division 16 to Article IV of Ch. 2 of SAMC

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55394.00000\40763936.1 (3) uses of force that result in great bodily injury of a person; (4) prejudice or discrimination involving a protected class; (5) dishonesty; (6) sexual assault; (7) unlawful arrest or unlawful search; (8) unreasonable or excessive force; (9) failure to intervene against another officer using force that is clearly unreasonable/excessive; or (10) unlawful activities/conduct that interferes with First Amendment assemblies. (c) All complaints to be reviewed by the Commission must be in writing on forms supplied by the Department or the Commission. Anonymous complaints will be accepted. The Commission will not be authorized to retroactively conduct investigations of complaints. (1) A copy of each complaint, tort claim, and/or lawsuit that alleges misconduct as set forth in section 2-665(b), regardless of where or how it is filed or submitted, shall immediately be forwarded to the members of the Commission, the Independent Oversight Director, the City Manager and the Chief of Police. (2) No complaint shall be accepted, reviewed, or investigated by the Commission or the Independent Oversight Director if it is not filed/submitted within one (1) year after the alleged misconduct by a Santa Ana Police Officer. (3) All Commission discussions with the Independent Oversight Director concerning alleged misconduct by any Santa Ana Police Officer shall be held in closed session. At least ten (10) days' advance written notice of the date of the meeting in which a specific officer will be discussed in closed session shall be provided to the complainant and the named police officer and their legal counsel, if known to the Commission. (d) Receive and discuss reports from the Independent Oversight Director on all incidents involving the following types of alleged misconduct by Santa Ana Police Officers: (1) officer-involved shootings- discharge of a firearm at a person by a Santa Ana peace officer that results in death; (2) in-custody deaths; (3) uses of force that result in great bodily injury of a person; (4) prejudice or discrimination involving a protected class; (5) dishonesty; (6) sexual assault; (7) unlawful arrest or unlawful search; (8) unreasonable or excessive force; (9) failure to intervene against another officer using force that is clearly unreasonable/excessive; or (10) unlawful activities/conduct that interferes with First Amendment assemblies. (e) Direct the Independent Oversight Director to independently review and investigate citizen complaints, tort claims, or lawsuits alleging the types of police misconduct as identified in section 2-665(b) or when the City Council provides authorization pursuant to Santa Ana City Charter Section 1100 subject to the restrictions set forth in Government