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

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55394.00000\40763936.1 Sections 1043 through 1046, Chapter 9, Article V of the Santa Ana Municipal Code, the MOU that applies to the impacted member and Santa Ana Police Department’s policies and procedures. (m) References to Santa Ana Police Department’s policies and procedures in this Division shall mean all current policies and procedures in place that apply to administrative/internal affairs investigations. Those policies and procedures shall not be amended in any way that may conflict with this Ordinance, unless otherwise required by law. Sec. 2-666. – Appointment and role of an Independent Oversight Director. (a) The City Council does hereby authorize the appointment of an Independent Oversight Director, pursuant to City Charter Section 1100 and in accordance with this Section 1100 shall appoint the Independent Oversight Director. The Independent Oversight Director may be engaged through a professional services agreement or may be hired as a n exempt at-will City employee who will serve at the will and pleasure of the City Council and will be subject to removal by majority vote of the City Council. (b) In addition to regular staff support provided to the Commission, the Independent Oversight Director shall assist the Commission in performing its duties and exercising its powers. (c) After receiving a complaint, tort claim, or lawsuit and when directed by the Commission, the Independent Oversight Director shall, in accordance with this division, conduct investigations of allegations of on-duty Santa Ana Police Officers who have engaged in the following conduct: (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 resulted 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. In addition to conducting investigations of complaints, tort claims, and/or lawsuits alleging the type of misconduct set forth in section 2-665(b), the Independent Oversight Director shall also have the independent authority to periodically request and review citizen complaints and "use of force" reports or other pertinent documents maintained by, or available to, the Chief of Police to determine whether death or great bodily injury was caused by direct police action. No investigations shall be commenced on any incidents