Item 01 - Police Oversight Commission Ordinance Work Study Session

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Police Oversight Commission Ordinance Work Study Session January 26, 2026 Page 2 Before that meeting, all members were to meet with the City Manager, City Attorney, Police Oversight Director, and Police Chief. Staff has met with Councilmembers and Commissioners to review the proposed ordinance amendments, answer questions, and receive input. In addition, the Police Oversight Commission held a work study session on September 11, 2025, and provided input for consideration. On September 16, the City Council approved holding a stand-alone meeting to further discuss the Police Oversight Commission Ordinance. Update With the appointment of the Police Oversight Director on July 1, 2025, the Commission has initiated providing recommendations on policy and reviewing complaints. In addition, AB 847, adopted October 6, 2025 and effective January 1, 2026, amended Penal Code section 832.7 to grant access to the confidential personnel records of peace officers and custodial officers and records to civilian law enforcement oversight boards or commissions. Civilian police oversight commissions are now expressly authorized to access confidential officer personnel records for oversight investigations and related proceedings. Oversight bodies must maintain confidentiality; records remain non-public. Records may be reviewed in closed session, consistent with the Brown Act. Penal Code section 832.7 now reads in relevant part as follows: "The personnel records of peace officers and custodial officers and records maintained by a state or local agency ...or information obtained from these records, are confidential and shall not be disclosed in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of the Evidence Code. This section does not apply to investigations or proceedings concerning the conduct of peace officers or custodial officers, or an agency or department that employs those officers, conducted by ....or a civilian oversight board or commission for a law enforcement agency..."With the passage of this bill, effective January 1, 2026, the Santa Ana Police Oversight Commission may now access peace officer personnel records, conduct closed session to review confidential records, and must maintain confidentiality of the records. While the Commission is moving forward with the current ordinance, and current state law eliminates the prior legal issues posed regarding confidentiality of records, staff collectively recommends updating the ordinance and establishing an audit model. Alternatively, based on Commission and input from some Councilmembers' desire for investigations, staff recommends that if moving forward with a hybrid audit/investigation model, that investigations be limited to officer involved shootings and use of force that cause great bodily harm at the direction of the commission.