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HomeMy WebLinkAboutCORRESPONDENCE - 85ACity Council Meeting Correspondence 10/1/2019 DISCUSS AND DIRECT THE CITY MANAGER TO DIRECT STAFF TO CONSIDER ESTABLISHING A POLICE OVERSIGHT COMMISSION EI Date of Name Correspondence 1 10/1/2019 Tracy La 2 10/1/2019 Roberto Herrera Representative of VietRISE Resilience Orange County In Favor In Opposition of RA*. of RA.* Yes Yes 3 10/1/2019 Erik Garcia ACLU of Southern California, Yes Orange County Office 3 TOTAL: 3 *RA - Recommended Action Tuesday, October 01, 2019 Comment Page 1 of 1 October 1, 2019 Mayor Pulido and City Council Members City of Santa Ana 22 Civic Center Plaza Santa Ana, CA 92701 RE: Agenda Item #85A: Discuss and Direct the City Manager to Direct Staff to Consider Establishing a Police Oversight Commission Dear Mayor Pulido and City Council Members: On behalf of VietRISE, I urge you to take action to establish a police oversight commission to ensure civilian oversight of the Santa Ana Police Department, maintain accountability, promote transparency, and promote public safety. The City should be proactive and commit to ensuring the livelihoods of our residents are protected by adopting a city police oversight commission with the following principle with the powers to, among others: 1. Independent board membership. a. Board members and staff must be independent and impartial, and be removable only for cause. b. Board members and staff must exclude current and former City, Department, and Association employees and employees of other government entities. c. Board members and staff must include representatives from communities most affected by police practices. 2. Broad scope to review complaints and other incidents. a. Members must be able to investigate and make formal judgments on the most serious issues relating to civil rights and civil liberties, including but not limited to death in custody, deadly or excessive use of force, and abuse of authority. b. Members must have authority to review serious incidents, such as use of force whether or not someone has filed a complaint. 3. Independent investigatory authority. a. The board must have the ability to subpoena witnesses and documents, including police disciplinary documents, video and audio footage, and other relevant materials. b. The board must be guaranteed complete and prompt access to all Police Department documents, information, or testimony. 4. Ensuring accountability. a. Outcomes of board investigations must be public and in writing. b. Findings of fact must be binding on the Police Department. Only when a clear error has been made could the Chief depart from these findings. c. The Board must have a role in officer discipline, such as by making determinations under a pre - negotiated matrix developed by the Council and board. The matrix must also specify the circumstances in which a Police Department employee must be removed from active duty, H Since then, the Santa Ana Police Department has operated without any oversight, resulting in a series of police misconduct incident with little to no accountability. Santa Ana Police Department (SAPD) remains one of the leading agencies in Orange County for total number of fatal incidents and police shootings per residents. From 2006-2016, SAPD has had 27 fatal shootings, and a death capital of 27 shootings per 324,528 resident. These incidents have cost the city millions in settlements, instead of addressing changes in policy and accountability to prevent these fatalities. 50 years since CORE made the case for one, Santa Ana remains without a civilian review board. The discussion around police oversight started anew after 2016 when the city agreed to two costly settlements in officer -involved shooting cases that cost residents $6.8 million. To this day, the city has not taken action. Police oversight commissions help address and ensure accountability and transparency is vital among police departments. A variety of cities such as Chicago, Newark and Oakland have adopted such mechanisms, which help address tensions between communities and police. The President's Task Force on 21 st Century Policing, signed as an Executive Order by President Obama, recommends that some "form of civilian oversight is important in order to strengthen trust with the community" (recommendation 2.8)2 It is imperative that the Santa Ana City Council take action to address the lack of accountability and oversight of our police department with the establishment of a police oversight commission. We look forward to partnering with the City to promote public safety by ensuring civilian oversight and accountability. Please keep us informed of any updates and meetings regarding the City's action to effectively address oversight of our police. Sincerely, Tracy La Executive Director VietRISE 2 https://cops.usdoj.gov/pdf/taskforce/taskforce_finaIreport.pdf October 1, 2019 Mayor Pulido and City Council Members City of Santa Ana 22 Civic Center Plaza Santa Ana, CA 92701 RE: Agenda Item #85A: Discuss and Direct the City Manager to Direct Staff to Consider Establishing a Police Oversight Commission Dear Mayor Pulido and City Council Members: On behalf of Resilience Orange County, I urge you to take action to establish a police oversight commission to ensure civilian oversight of the Santa Ana Police Department, maintain accountability, promote transparency, and promote public safety. The City should be proactive and commit to ensuring the livelihoods of our residents are protected by adopting a city police oversight commission with the following principle with the powers to, among others: 1. Independent board membership. a. Board members and staff must be independent and impartial, and be removable only for cause. b. Board members and staff must exclude current and former City, Department, and Association employees and employees of other government entities. c. Board members and staff must include representatives from communities most affected by police practices. 2. Broad scope to review complaints and other incidents. a. Members must be able to investigate and make formal judgments on the most serious issues relating to civil rights and civil liberties, including but not limited to death in custody, deadly or excessive use of force, and abuse of authority. b. Members must have authority to review serious incidents, such as use of force whether or not someone has filed a complaint. 3. Independent investigatory authority. a. The board must have the ability to subpoena witnesses and documents, including police disciplinary documents, video and audio footage, and other relevant materials. b. The board must be guaranteed complete and prompt access to all Police Department documents, information, or testimony. 4. Ensuring accountability. a. Outcomes of board investigations must be public and in writing. b. Findings of fact must be binding on the Police Department. Only when a clear error has been made could the Chief depart from these findings. c. The Board must have a role in officer discipline, such as by making determinations under a pre -negotiated matrix developed by the Council and board. The matrix must also specify the V circumstances in which a Police Department employee must be removed from active duty, pending an investigation by the board and/or the Police Department. The board can also help ensure the availability of adequate support for officers in parallel and independent from discipline. d. Evidence of criminal activity must also be referred for potential prosecution. e. The board must possess the power to remove the Police Chief for cause (such as failure to cooperate with the board) and be involved in appointing the Police Chief, 5. Power to audit, issue recommendations, and set policy. a. The board must also have authority to audit practices, policies, and procedures of the Police Department. b. On the basis of such audits, the board must be empowered to set and change Police Department policies as well as consult in hiring, training, and collective bargaining. c. The board must have the power to review and make recommendations regarding the Police Department budget and budgeting process. 6. Secure funding. a. The board's funding must be protected to ensure its independence, for example, by setting the board's budget at a fixed percentage of the Police Department's budget or in proportion to the size of the force. b. The board budget must support appropriate board staffing and training on the requirements of constitutional policing and Police Department policies. 7. Due process protections for police officers. a. Officers who are accused of misconduct must have the full range of due process protections in the investigatory and disciplinary process, including Skelly rights and the rights to access to counsel, to a hearing, and to an appeal. Officers must be permitted to view the evidence presented against them, to testify, and to offer statements to defend against misconduct allegations. b. The board must employ a preponderance of the evidence standard. 8. Community engagement and public access and reporting. a. The board itself must publicize regular written reports and publicly produce data regarding police practices, such as crime data and data on the use of force, stops, and arrests, as well as details regarding complaints and settlements. b. The board must also hold regular public meetings, which must be webeast and recorded, to summarize findings and engage with community members. c. The board itself should be accountable to the public. These goals are drawn from good practices and oversight mechanisms in place in other cities — for example in Chicago, Newark, and Oakland. The establishment for a police oversight commission has been long overdue. The first demand for police oversight was presented by the Orange County Congress of Racial Equity (CORE) during a Santa Ana City Council meeting in September 1965. Chairman Oree Dyes described the police oversight commission as "some type of mechanism, controlled by civilians, to investigate and process charges of police brutality lodged by citizens of the community." The demand was rejected. Since then, the Santa Ana Police Department has operated without any oversight, resulting in a series of police misconduct incident with little to no accountability. Santa Ana Police Department (SAPD) remains one of the leading agencies in Orange County for total number of fatal incidents and police shootings per residents. From 2006-2016, SAPD has had 27 fatal shootings, and a death capital of 27 shootings per 324,528 resident. These incidents have cost the city millions in settlements, instead of addressing changes in policy and accountability to prevent these fatalities. 50 years since CORE made the case for one, Santa Ana remains without a civilian review board. The discussion around police oversight started anew after 2016 when the city agreed to two costly settlements in officer -involved shooting cases that cost residents $6.8 million. To this day, the city has not taken action. Police oversight commissions help address and ensure accountability and transparency is vital among police departments. A variety of cities such as Chicago, Newark and Oakland have adopted such mechanisms, which help address tensions between communities and police. The President's Task Force on 21 st Century Policing, signed as an Executive Order by President Obama, recommends that some "form of civilian oversight is important in order to strengthen trust with the community" (recommendation 2.8)2 It is imperative that the Santa Ana City Council take action to address the lack of accountability and oversight of our police department with the establishment of a police oversight commission. We look forward to partnering with the City to promote public safety by ensuring civilian oversight and accountability. Please keep us informed of any updates and meetings regarding the City's action to effectively address oversight of our police. Sincerely, Roberto Herrera Director of Community Engagement Resilience Orange County ' https://ocweekly.com/demands-for-santa-ana-police-oversight-are-nothing-new-8215041/ 2 https://cops.usdoj,gov/pdf/taskforce/taskforce_finalreport.pdf Orozco, Norma From: Erik Garcia < Sent: Tuesday, October 01, 2019 3:11 PM To: Gomez, Daisy, eComment Cc: Jennifer Rojas; Peter Bibring Subject: 85A Police Oversight Letter of Support Attachments: Letter to Santa Ana Mayor and City Council_ Civilian Oversight.pdf Two years ago, the ACLU of Southern California along with other community organizations submitted the attached letter encouraging The City of Santa Ana to establish meaningful and effective oversight of its police department. Democracy is built on a system of checks and balances. Police are conferred the most power of any public employee: the power to take human life. The need for oversight is particularly profound for police due to the secrecy built in to state law regarding police misconduct and use of force. We believed then and continue to believe that an effective and meaningful oversight board needs to have the authority to independently investigate critical incidents, policies, and practices. Moreover, the board must inform the public on their findings and recommendations. The body requires total investment from the city. This means adequate funding and staff time to ensure the efficiency of the board's operations. Thanks, Erik Garcia (He/Him/His), Community Engagement & Policy Advocate ACLU of Southern California, Orange County Office May 2, 2017 Santa Ana Mayor and City Council 22 Civic Center Plaza Santa Ana, CA 92701 Dear Members of the City Council: The undersigned organizations strongly support efforts by the City Council to develop an independent civilian review board in Santa Ana. We write to stress that the overall goal of such a civilian oversight board must be to maintain accountability, promote transparency, and promote public safety. We believe that this is only possible if the board is developed in partnership with community members, including those who have been most affected by the Police Department, and if the board created reflects these eight principles: 1. Independent board membership. • Board members and staff must be independent and impartial, and be removable only for cause. • Board members and staff must exclude current and former City, Department, and Association employees and employees of other government entities. • Board members and staff must include representatives from communities most affected by police practices. 2. Broad scope to review complaints and other incidents. • Members must be able to investigate and make formal judgments on the most serious issues relating to civil rights and civil liberties, including but not limited to death in custody, deadly or excessive use of force, and abuse of authority. • Members must have authority to review serious incidents, such as use of force whether or not someone has filed a complaint. 3. Independent investigatory authority. The board must have the ability to subpoena witnesses and documents, including police disciplinary documents, video and audio footage, and other relevant materials. The board must be guaranteed complete and prompt access to all Police Department documents, information, or testimony. 4. Ensuring accountability. • Outcomes of board investigations must be public and in writing. • Findings of fact must be binding on the Police Department. Only when a clear error has been made could the Chief depart from these findings. • The Board must have a role in officer discipline, such as by malting determinations under a pre -negotiated matrix developed by the Council and board. The matrix must also specify the circumstances in which a Police Department employee must be removed from active duty, pending an investigation by the board and/or the Police Department. The board can also help ensure the availability of adequate support for officers in parallel and independent from discipline. • Evidence of criminal activity must also be referred for potential prosecution. • The board must possess the power to remove the Police Chief for cause (such as failure to cooperate with the board) and be involved in appointing the Police Chief. 5. Power to audit, issue recommendations, and set policy. The board must also have authority to audit practices, policies, and procedures of the Police Department. On the basis of such audits, the board must be empowered to set and change Police Department policies as well as consult in hiring, training, and collective bargaining. The board must have the power to review and make recommendations regarding the Police Department budget and budgeting process. 6. Secure funding. • The board's funding must be protected to ensure its independence, for example, by setting the board's budget at a fixed percentage of the Police Department's budget or in proportion to the size of the force. • The board budget must support appropriate board staffing and training on the requirements of constitutional policing and Police Department policies. 7. Due process protections for police officers. Officers who are accused of misconduct must have the full range of due process protections in the investigatory and disciplinary process, including Skelly rights and the rights to access to counsel, to a hearing, and to an appeal. Officers must be permitted to view the evidence presented against them, to testify, and to offer statements to defend against misconduct allegations. The board must employ a preponderance of the evidence standard. 8. Community engagement and public access and reporting. • The board itself must publicize regular written reports and publicly produce data regarding police practices, such as crime data and data on use of force, stops, and arrests, as well as details regarding complaints and settlements. • The board must also hold regular public meetings, which must be webcast and recorded, to summarize findings and engage with community members. • The board itself should be accountable to the public. These goals are drawn from good practices and oversight mechanisms in place in other cities — for example in Chicago, Newark, and Oakland. Creating a civilian oversight board will enable this Council to demonstrate to the public its concern and commitment to a constitutional, accountable, effective, and transparent Police Department in Santa Ana. Thank you. American Civil Liberties Union of Southern California Anaheim Community Coalition Asian Americans Advancing Justice, Orange County Chican@s Unidos de Orange County Resilience Orange County