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Becerra, Alexis <br /> From: Tiffany Bailey <TBailey@aclusocal.org> <br /> Sent: Tuesday, September 16, 2025 12:27 PM <br /> To: eComment <br /> Subject: Public Comment Concerning Item No. 30 <br /> Attention: This email originated from outside of City of Santa Ana.Use caution when opening attachments or links. <br /> Dear Mayor and City Council, <br /> My name is Tiffany Bailey. I am a Senior Staff Attorney and the Deputy Project Director of the ACLU of Southern <br /> California's Criminal Justice and Police Practices project. I am providing comment on Item No. 30,the Council's work <br /> study session on the Police Oversight Commission Ordinance. <br /> The ACLU of Southern California supports the hybrid, audit and investigatory model for oversight that the Police <br /> Oversight Commission's Independent Director,Jack Morse Jr., has proposed. While it most beneficial to the Santa Ana <br /> community for the Commission to retain full investigatory power,we acknowledge the City's budgetary and capacity <br /> constraints and think the proposed hybrid model strikes an appropriate balance by ensuring that investigatory powers <br /> are at least retained for officer involved shootings and uses of force resulting in death or great bodily injury. <br /> As we noted in prior public comment,we are deeply concerned by amendments to the ordinance's confidentiality <br /> section,which seek to attach civil or criminal penalties to potential confidentiality breaches. Once again,this is <br /> unnecessary. State law already protects the confidentiality of law enforcement personnel records. We have also seen <br /> this problem highlighted in LA with the prosecution of Diana Teran -for which the Court of Appeal issued a writ of <br /> prohibition against further prosecutorial proceedings after more than a year of litigation. The proposed attachment of <br /> such penalties will set a dangerous precedent and will surely have a chilling effect on oversight. <br /> We also encourage the City Council to not move forward with proposed amendments that would require Commissioners <br /> to participate in ride alongs and in Santa Ana Police Academy Program courses. While commissioners need to be <br /> knowledgeable of law enforcement practices,they are not police officers and should not be receiving formal police <br /> academy training. It also undermines independence and oversight when the body that is being overseen is the one <br /> telling the overseers what the law is. By requiring SAPID training and a staggering amount of ride-along hours,which Los <br /> Angeles' Civilian Oversight Commission makes optional,the distinct lines between the oversight entity and SAPID are <br /> blurred. <br /> Finally, in the proposed amendments, the City,without justification—whether legal or policy-based—removed the <br /> Commission's ability to review and provide recommendations during the negotiations between the City and the Santa <br /> Ana Police Officers Association.This power remains deeply important to the community given the current lack of <br /> transparency surrounding this process. If this critical power is taken away,the community deserves to know what legal <br /> or policy justifications are motivating this decision. <br /> In short,we are heartened to hear that the Commission and Council are still considering retaining some investigatory <br /> powers and encourage the Council to revert the aforementioned amendments which would serve only to undermine <br /> transparency and chill oversight. <br /> Thank you, <br /> Tiffany Bailey <br /> Tiffany Bailey <br /> 1 <br />