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HomeMy WebLinkAboutCorrespondence - #15 Orozco, Norma From: Karen Hernandez <karenghernandez@gmail.com> Sent: Tuesday, November 01, 2022 2:22 PM To: eComment Cc: Sarmiento, Vicente; Bacerra, Phil; Phan, Thai; Penaloza, David; Lopez, Jessie; Hernandez, Johnathan; Mendoza, Nelida; The People's Budget OC Subject: Agenda Item 15: PBOC Support for Police Oversight Ordinance November 1, 2022 Mayor Sarmiento and City Councilmembers 20 Civic Center Plaza Santa Ana, CA 92701 ecomment(o)-santa-ana.org Via Email RE: Santa Ana Police Oversight Commission Ordinance and Agenda Item 15 Dear Mayor Sarmiento and City Councilmembers, People's Budget Orange County (PBOC) is committed to economic and racial justice. We fight for a participatory county budget that is transparent, invests in the community, is in alignment with community values, and divests from carceral responses to social justice issues. Our mission is to advocate for a participatory public budget that allows marginalized communities to be involved in decision-making through public education, directly engaging representatives, and listening to and uplifting the voices and needs of marginalized communities. We believe this work includes responding to and creating community-led police oversight activities and policies throughout all cities in Orange County. People's Budget Orange County is writing to express our strong support for a robust police oversight Commission for the City of Santa Ana. We commend the City Council and the City Attorney for reviewing and incorporating amendments provided by Chispa, ACLU SoCal, and other community-based organizations on Exhibit 1 to strengthen and create a strong effective police oversight commission. We commend the council for adopting much of the community's policy framework in to craft this ordinance. As the Council approaches the first reading of the draft ordinance, we urge the City Council to support this draft ordinance and introduce the following amendments that will clarify and refine the scope and powers of the commission. We urge the City Council to introduce these amendments to establish an effective police oversight commission. Amending the following sections of the ordinance: Establishment and Purpose • Remove the language that provides the commission and independent director "to assist in reviewing the police complaint process, and provide a forum to review, evaluate and make recommendations." Instead, add language that includes the purpose of the commission and independent oversight director to provide investigative authority over police practices, police misconduct, officer-involved shootings, and other serious use of force. The Commission must have a clearly defined purpose: to conduct independent, community-led investigations and deliver recommendations. The purpose of this edit is to ensure the Commission is not an entity to review IA investigations or to review the PD 1 complaint process. With this language, the Council will be giving the Commission investigatory power, as opposed to the more auditor language provided previously. Qualifications of Commissioners • The ordinance must clarify that current peace officers are not eligible for Commission membership. Nearly all investigations concerning policing are conducted by peace officers and law enforcement: SAPD IA, OCDA, and POST. The Commission must be composed entirely of civilians to ensure there is one layer of civilian-led oversight of SAPD. • Record checks shall not be required of commissioners. Record checks are an unnecessary deterrent for Commissioners who will be mandated to sign a confidentiality agreement. Furthermore, this is not a requirement for any other city commission, including the Personnel Board. Meetings • We must ensure that the Police Chiefs participation in meetings DOES NOT undermine the goal of an independent Commission, and want to ensure that their participation in Commission meetings should be at the discretion of the Commission. With these changes, we want to preempt a scenario in which commission meetings are dominated by the Police Department in the form of Chief or designee participation, or that their presence leads the commission to give overwhelming deference to PD. Powers and Duties of the Police Oversight Commission • The Director must be able to compel the production of evidence and administer oaths in the administration of their duties. Moreover, the Director must deliver findings in writing to ensure clear communication with Commissioners, enabling them to carry out their duties. • When the Commission delivers a recommendation concerning policy or discipline, the City Manager and/or Police Chief must respond in writing to the Commission. The efficacy of the Commission will be measured in the amount of procedural justice that is afforded to the Commission and public. Recommendations must not begin and end with the Commission. Recommendations must be adequately considered and must enable responsive communication from SAPD and City Manager's office. • There are several provisions that limit the Commission and Director's powers "subject to the restrictions set forth in ... Santa Ana Police Department's policies and procedures."This vague reference to SAPD policies and procedures has the potential to obstruct the duties of the Commission. For example, SAPD could enact a policy that impedes upon the Commission's responsibilities and the language of the ordinance. The Department's policies and procedures must not override this ordinance. For this reason, limiting powers subject to SAPD "policies and procedures" must be deleted from the language. • Regarding the Commission's annual report to the City Council, the public reports must capture the full work of the Commission, including policy and disciplinary recommendations and their disposition.This public reporting is essential for increasing transparency and public confidence in the Commission. Rules and Records • Commission reports shall be posted on the City's website and open to public inspection, except information prohibited from disclosure. Proactive transparency through public websites and accessible reporting will increase trust and confidence in the new Commission. It is imperative that the City of Santa Ana build an effective police oversight model to help avert future unjustified use of deadly force against civilians, hold police officers accountable for misconduct, and intervene to resolve systemic problems within the Santa Ana Police Department. For these reasons, People's Budget Orange County strongly supports taking into consideration the recommendations and proposed amendments to create meaningful effective oversight in Santa Ana. Sincerely, Karen G. Hernandez Lead Organizer People's Budget Orange County 2 CC: VSarmientoa_santa-ana.org PBacerraa-santa-ana.org TPhan _santa-ana.org DPenalozaa-santa-ana.org JessieLopezCa)-santa-ana.org J Ryan Hernandeza-santa-ana.org N Mendoza(a)-santa-ana.org 3 November 1, 2022 Xennedy • M M I S S 1 • www.kennedycommission.org 17701 Cowan Ave.,Suite 200 Irvine,CA 92614 949 250 0909 Mayor Sarmiento and City Councilmembers 20 Civic Center Plaza Santa Ana, CA 92701 ecommentgsanta-ana.org RE: Santa Ana Police Oversight Commission Ordinance and Agenda Item 15 Dear Mayor Sarmiento and City Councilmembers, The Kennedy Commission (the Commission) is a broad-based coalition of residents and community organizations that advocates for the production of homes affordable for families earning less than $27,000 annually in Orange County. Formed in 2001, the Commission has been successful in partnering and working with Orange County jurisdictions to create effective housing and land-use policies that has led to the new construction of homes affordable to lower income working families. The Kennedy Commission is writing to express our strong support for a robust police oversight Commission for the City of Santa Ana. We commend the City Council and the City Attorney for reviewing and incorporating amendments provided by Chispa,ACLU SoCal,and other community based organizations on Exhibit 1 to strengthen and create a strong effective police oversight commission. We commend the council for adopting much of the community's policy framework in to craft this ordinance. As the Council approaches the first reading of the draft ordinance, we urge the City Council to support this draft ordinance and introduce the following amendments that will clarify and refine the scope and powers of the commission. We urge the City Council to introduce these amendments to establish an effective police oversight commission. Amending the following sections of the ordinance: Establishment and Purpose • Remove the language that provides the commission and independent director"to assist in reviewing the police complaint process, and provide a forum to review, evaluate and make recommendations." Instead, add language that includes the purpose of the commission and independent oversight director to provide investigative authority over police practices, police misconduct, officer-involved shootings, and other serious use of force. The Commission must have a clearly defined purpose: to conduct independent, community-led investigations and deliver recommendations. The purpose of this edit is to ensure the Commission is not an entity to review IA investigations or to review the PD complaint process.With this language,the Council will be giving the Commission investigatory power, as opposed to the more auditor language provided previously. Qualifications of Commissioners • The ordinance must clarify that current peace officers are not eligible for Commission membership.Nearly all investigations concerning policing are conducted by peace officers and law enforcement: SAPD IA, OCDA, and POST. The Commission must be composed entirely of civilians to ensure there is one layer of civilian-led oversight of SAPD. • Record checks shall not be required of commissioners. Record checks are an unnecessary deterrent for Commissioners who will be mandated to sign a confidentiality agreement. Furthermore, this is not a requirement for any other city commission, including the Personnel Board. Meetings e We must ensure that the Police Chiefs participation in meetings DOES NOT undermine the goal of an independent Commission, and want to ensure that their participation in Commission meetings should be at the discretion of the Commission. With these changes, we want to preempt a scenario in which commission meetings are dominated by the Police Department in the form of Chief or designee participation, or that their presence leads the commission to give overwhelming deference to PD. Powers and Duties of the Police Oversight Commission • The Director must be able to compel the production of evidence and administer oaths in the administration of their duties. Moreover, the Director must deliver findings in writing to ensure clear communication with Commissioners, enabling them to carry out their duties. • When the Commission delivers a recommendation concerning policy or discipline,the City Manager and/or Police Chief must respond in writing to the Commission. The efficacy of the Commission will be measured in the amount of procedural justice that is afforded to the Commission and public. Recommendations must not begin and end with the Commission. Recommendations must be adequately considered and must enable responsive communication from SAPD and City Manager's office. • There are several provisions that limit the Commission and Director's powers "subject to the restrictions set forth in ... Santa Ana Police Department's policies and procedures." This vague reference to SAPD policies and procedures has the potential to obstruct the duties of the Commission. For example, SAPD could enact a policy that impedes upon the Commission's responsibilities and the language of the ordinance. The Department's policies and procedures must not override this ordinance. For this reason, limiting powers subject to SAPD "policies and procedures" must be deleted from the language. • Regarding the Commission's annual report to the City Council, the public reports must capture the full work of the Commission, including policy and disciplinary recommendations and their disposition. This public reporting is essential for increasing transparency and public confidence in the Commission. Rules and Records e Commission reports shall be posted on the City's website and open to public inspection, except information prohibited from disclosure. Proactive transparency through public websites and accessible reporting will increase trust and confidence in the new Commission. It is imperative that the City of Santa Ana build an effective police oversight model to help avert future unjustified use of deadly force against civilians, hold police officers accountable for misconduct, and intervene to resolve systemic problems within the Santa Ana Police Department. For these reasons, The Kennedy Commission strongly supports taking into consideration the recommendations and proposed amendments to create meaningful effective oversight in Santa Ana. Sincerely, Cesar Covarrubias Executive Director 01 November 2022 Mayor Sarmiento and City Councilmembers 20 Civic Center Plaza Santa Ana, CA 92701 ecomment2Santa-ana.org RE: Santa Ana Police Oversight Commission Ordinance and Agenda Item 15 Dear Mayor Sarmiento and City Councilmembers, All Politics is Local. Orange County Young Democrats is writing to express our strong support for a robust police oversight Commission for the City of Santa Ana. We commend the City Council and the City Attorney for reviewing and incorporating amendments provided by Chispa, ACLU SoCal, and other community based organizations on Exhibit 1 to strengthen and create a strong effective police oversight commission. We commend the council for adopting much of the community's policy framework in to craft this ordinance. As the Council approaches the first reading of the draft ordinance, we urge the City Council to support this draft ordinance and introduce the following amendments that will clarify and refine the scope and powers of the commission. We urge the City Council to introduce these amendments to establish an effective police oversight commission.Amending the following sections of the ordinance: Establishment and Purpose • Remove the language that provides the commission and independent director"to assist in reviewing the police complaint process, and provide a forum to review, evaluate and make recommendations." Instead, add language that includes the purpose of the commission and independent oversight director to provide investigative authority over police practices, police misconduct, officer-involved shootings, and other serious use of force. The Commission must have a clearly defined purpose: to conduct independent, community-led investigations and deliver recommendations. The purpose of this edit is to ensure the Commission is not an entity to review IA investigations or to review the PD complaint process. With this language, the Council will be giving the Commission investigatory power, as opposed to the more auditor language provided previously. Qualifications of Commissioners 1 • The ordinance must clarify that current peace officers are not eligible for Commission membership. Nearly all investigations concerning policing are conducted by peace officers and law enforcement: SAPD IA, OCDA, and POST. The Commission must be composed entirely of civilians to ensure there is one layer of civilian-led oversight of SAPD. • Record checks shall not be required of commissioners. Record checks are an unnecessary deterrent for Commissioners who will be mandated to sign a confidentiality agreement. Furthermore, this is not a requirement for any other city commission, including the Personnel Board. Meetings • We must ensure that the Police Chief s participation in meetings DOES NOT undermine the goal of an independent Commission, and want to ensure that their participation in Commission meetings should be at the discretion of the Commission. With these changes, we want to preempt a scenario in which commission meetings are dominated by the Police Department in the form of Chief or designee participation, or that their presence leads the commission to give overwhelming deference to PD. Powers and Duties of the Police Oversight Commission • The Director must be able to compel the production of evidence and administer oaths in the administration of their duties. Moreover, the Director must deliver findings in writing to ensure clear communication with Commissioners, enabling them to carry out their duties. • When the Commission delivers a recommendation concerning policy or discipline, the City Manager and/or Police Chief must respond in writing to the Commission. The efficacy of the Commission will be measured in the amount of procedural justice that is afforded to the Commission and public. Recommendations must not begin and end with the Commission. Recommendations must be adequately considered and must enable responsive communication from SAPD and City Manager's office. • There are several provisions that limit the Commission and Director's powers "subject to the restrictions set forth in ... Santa Ana Police Department's policies and procedures." This vague reference to SAPD policies and procedures has the potential to obstruct the duties of the Commission. For example, SAPD could enact a policy that impedes upon the Commission's responsibilities and the language of the ordinance. The Department's policies and procedures must not override this ordinance. For this reason, limiting powers subject to SAPD "policies and procedures" must be deleted from the language. • Regarding the Commission's annual report to the City Council, the public reports must capture the full work of the Commission, including policy and disciplinary recommendations and their disposition. This public reporting is essential for increasing transparency and public confidence in the Commission. 2 Rules and Records • Commission reports shall be posted on the City's website and open to public inspection, except information prohibited from disclosure. Proactive transparency through public websites and accessible reporting will increase trust and confidence in the new Commission. It is imperative that the City of Santa Ana build an effective police oversight model to help avert future unjustified use of deadly force against civilians, hold police officers accountable for misconduct, and intervene to resolve systemic problems within the Santa Ana Police Department. For these reasons, the Orange County Young Democrats strongly supports taking into consideration the recommendations and proposed amendments to create meaningful effective oversight in Santa Ana. Sincerely, Iris "Nini"Wu Orange County Young Democrats Finance Director 3 �k 0 Alianza Translating, November 1, 2022 Mayor Sarmiento and City Councilmembers 20 Civic Center Plaza Santa Ana, CA 92701 ecomment@santa-ana.org Via Email RE: Santa Ana Police Oversight Commission Ordinance and Agenda Item 15 Dear Mayor Sarmiento and City Councilmembers, The mission of Alianza Translatinx is to protect, defend and advocate for the needs and the rights of the Transgender and Gender non-conforming Latinx community, as well as other underserved communities of color. Alianza Translatinx is writing to express our strong support for a robust police oversight Commission for the City of Santa Ana. We commend the City Council and the City Attorney for reviewing and incorporating amendments provided by Chispa,ACLU SoCal,and other community- based organizations on Exhibit 1 to strengthen and create a strong effective police oversight commission. We commend the council for adopting much of the community's policy framework in to craft this ordinance. As the Council approaches the first reading of the draft ordinance, we urge the City Council to support this draft ordinance and introduce the following amendments that will clarify and refine the scope and powers of the commission. 714-760-4465 206 W 4th St suite 420 Santa Ana 92701 Khloe.alionzatranslatinx@gmail.com r� www.alianzatranslatinx.org �kAlia nza Translating, We urge the City Council to introduce these amendments to establish an effective police oversight commission.Amending the following sections of the ordinance: Establishment and Purpose • Remove the language that provides the commission and independent director"to assist in reviewing the police complaint process, and provide a forum to review, evaluate and make recommendations." Instead,add language that includes the purpose of the commission and independent oversight director to provide investigative authority over police practices, police misconduct, officer-involved shootings, and other serious use of force. The Commission must have a clearly defined purpose: to conduct independent, community-led investigations and deliver recommendations. The purpose of this edit is to ensure the Commission is not an entity to review IA investigations or to review the PD complaint process.With this language,the Council will be giving the Commission investigatory power,as opposed to the more auditor language provided previously. Qualifications of Commissioners • The ordinance must clarify that current peace officers are not eligible for Commission membership. Nearly all investigations concerning policing are conducted by peace officers and law enforcement: SAPD IA, OCDA, and POST. The Commission must be composed entirely of civilians to ensure there is one layer of civilian-led oversight of SAPD. • Record checks shall not be required of commissioners. Record checks are an unnecessary deterrent for Commissioners who will be mandated to sign a confidentiality agreement. Furthermore, this is not a requirement for any other city commission,including the Personnel Board. Meetings • We must ensure that the Police Chief's participation in meetings DOES NOT undermine the goal of an independent Commission, and want to ensure that their participation in Commission meetings should be at the discretion of the Commission. With these changes, we want to preempt a scenario in which commission meetings are dominated by the Police Department in the form of Chief or designee participation, or that their presence leads the commission to give overwhelming deference to PD. 714-760-4465 206 W 4th St suite 420 Santa Ana 92701 Khloe.alionzatranslatinx@gmail.com (1 www.alionzatranslatinx.org �k 0 Alianza Translating, Powers and Duties of the Police Oversight Commission • The Director must be able to compel the production of evidence and administer oaths in the administration of their duties.Moreover,the Director must deliver findings in writing to ensure clear communication with Commissioners,enabling them to carry out their duties. • When the Commission delivers a recommendation concerning policy or discipline, the City Manager and/or Police Chief must respond in writing to the Commission. The efficacy of the Commission will be measured in the amount of procedural justice that is afforded to the Commission and public. Recommendations must not begin and end with the Commission. Recommendations must be adequately considered and must enable responsive communication from SAPD and City Manager's office. • There are several provisions that limit the Commission and Director's powers"subject to the restrictions set forth in ... Santa Ana Police Department's policies and procedures." This vague reference to SAPD policies and procedures has the potential to obstruct the duties of the Commission. For example, SAPD could enact a policy that impedes upon the Commission's responsibilities and the language of the ordinance. The Department's policies and procedures must not override this ordinance. For this reason, limiting powers subject to SAPD "policies and procedures"must be deleted from the language. • Regarding the Commission's annual report to the City Council, the public reports must capture the full work of the Commission, including policy and disciplinary recommendations and their disposition. This public reporting is essential for increasing transparency and public confidence in the Commission. Rules and Records • Commission reports shall be posted on the City's website and open to public inspection, except information prohibited from disclosure. Proactive transparency through public websites and accessible reporting will increase trust and confidence in the new Commission. It is imperative that the City of Santa Ana build an effective police oversight model to help avert future unjustified use of deadly force against civilians, hold police officers accountable for misconduct, and intervene to resolve systemic problems within the Santa Ana Police Department. For these reasons,Alianza Translatinx strongly supports taking into consideration the recommendations and proposed amendments to create meaningful effective oversight in Santa Ana. Sincerely, 714-760-4465 206 W 4th St suite 420 Santa Ana 92701 Khloe Rios-Wyatt Khloe.alianzatranslatinx@gmail.com rl President/CEO www.alionzatranslatinx.org Latino Health Access LATINO 450 W. Fourth Street, Suite 130 HEALTH Santa Ana, CA 92701 ACCESS I 714-542-7792 www.latinohealthaccess.org November 1, 2022 Mayor Sarmiento and City Councilmembers 20 Civic Center Plaza Santa Ana, CA 92701 ecommentg,Santa-ana.org RE: Santa Ana Police Oversight Commission Ordinance and Agenda Item 15 Dear Mayor Sarmiento and City Councilmembers, Latino Health Access has been proudly working alongside community residents for over 29 years to improve the social determinants of health in our city. We provide services that address immediate health needs while providing information and facilitating opportunities to increase civic participation and impact policies that will improve those social determinants in the long term. We are writing to express our strong support for a robust police oversight Commission for the City of Santa Ana. We commend the City Council and the City Attorney for reviewing and incorporating amendments provided by Chispa, ACLU SoCal, and other community based organizations on Exhibit 1 to strengthen and create a strong effective police oversight commission. We commend the council for adopting much of the community's policy framework to craft this ordinance. As the Council approaches the first reading of the draft ordinance, we urge the City Council to support this draft ordinance and introduce the following amendments that will clarify and refine the scope and powers of the commission. We urge the City Council to introduce these amendments to establish an effective police oversight commission.Amending the following sections of the ordinance: Establishment and Purpose • Remove the language that provides the commission and independent director"to assist in reviewing the police complaint process, and provide a forum to review, evaluate and make recommendations." Instead, add language that includes the purpose of the commission and independent oversight director to provide investigative authority over police practices, police misconduct, officer-involved shootings, and other serious use of force. The Commission must have a clearly defined purpose: to conduct independent, community-led investigations and deliver recommendations. The purpose of this edit is to ensure the Commission is not an entity to review IA investigations or to review the PD complaint process. With this language, the Council will be giving the Commission investigatory power, as opposed to the more auditor language provided previously. PREVENTION EDUCATION ACTION Latino Health Access LATINO 450 W. Fourth Street, Suite 130 HEALTH Santa Ana, CA 92701 ACCESS I 714-542-7792 www.latinohealthaccess.org Qualifications of Commissioners • The ordinance must clarify that current peace officers are not eligible for Commission membership. Nearly all investigations concerning policing are conducted by peace officers and law enforcement: SAPD IA, OCDA, and POST. The Commission must be composed entirely of civilians to ensure there is one layer of civilian-led oversight of SAPD. • Record checks shall not be required of commissioners. Record checks are an unnecessary deterrent for Commissioners who will be mandated to sign a confidentiality agreement. Furthermore, this is not a requirement for any other city commission, including the Personnel Board. Meetings • We must ensure that the Police Chief s participation in meetings DOES NOT undermine the goal of an independent Commission, and want to ensure that their participation in Commission meetings should be at the discretion of the Commission. With these changes, we want to preempt a scenario in which commission meetings are dominated by the Police Department in the form of Chief or designee participation, or that their presence leads the commission to give overwhelming deference to PD. Powers and Duties of the Police Oversight Commission • The Director must be able to compel the production of evidence and administer oaths in the administration of their duties. Moreover, the Director must deliver findings in writing to ensure clear communication with Commissioners, enabling them to carry out their duties. • When the Commission delivers a recommendation concerning policy or discipline, the City Manager and/or Police Chief must respond in writing to the Commission. The efficacy of the Commission will be measured in the amount of procedural justice that is afforded to the Commission and public. Recommendations must not begin and end with the Commission. Recommendations must be adequately considered and must enable responsive communication from SAPD and City Manager's office. • There are several provisions that limit the Commission and Director's powers "subject to the restrictions set forth in ... Santa Ana Police Department's policies and procedures." This vague reference to SAPD policies and procedures has the potential to obstruct the duties of the Commission. For example, SAPD could enact a policy that impedes upon the Commission's responsibilities and the language of the ordinance. The Department's policies and procedures must not override this ordinance. For this reason, limiting powers subject to SAPD "policies and procedures" must be deleted from the language. • Regarding the Commission's annual report to the City Council, the public reports must capture the full work of the Commission, including policy and disciplinary recommendations and their disposition. This public reporting is essential for increasing transparency and public confidence in the Commission. PREVENTION EDUCATION ACTION Latino Health Access LATINO 450 W. Fourth Street, Suite 130 HEALTH Santa Ana, CA 92701 ACCESS / 714-542-7792 www.latinohealthaccess.org Rules and Records • Commission reports shall be posted on the City's website and open to public inspection, except information prohibited from disclosure. Proactive transparency through public websites and accessible reporting will increase trust and confidence in the new Commission. It is imperative that the City of Santa Ana build an effective police oversight model to help avert future unjustified use of deadly force against civilians, hold police officers accountable for misconduct, and intervene to resolve systemic problems within the Santa Ana Police Department. For these reasons, Latino Health Access strongly supports taking into consideration the recommendations and proposed amendments to create meaningful effective oversight in Santa Ana. Sincerely, Nancy Mejia, MPH, MSW Chief Program Officer nmejianlatinohealthaccess.org CC: VSarmiento&santa-ana.org PBacerra&Santa-ana.org TPhan(a),Santa-ana.orb DPenaloza2santa-ana.org JessieLopez&Santa-ana.org JRyanHernandez&Santa-ana.org NMendoza(a)Santa-ana.orb PREVENTION EDUCATION ACTION LATINO COMMUNITY FOUNDATION IIIIIIIIIIIIIIIIII October 31, 2022 Mayor Sarmiento and Santa Ana City Councilmembers 20 Civic Center Plaza Santa Ana, CA 92701 ecomment(a,santa-ana.org Via Email RE: Santa Ana Police Oversight Commission Ordinance and Agenda Item 15 Dear Mayor Sarmiento and City Councilmembers: On behalf of the Latino Community Foundation (LCF), California's sole philanthropic organization focused on unleashing the civic and economic power of Latinos in the state, I write to express our strong support for a robust police oversight Commission for the City of Santa Ana. We commend the City Council and the City Attorney for reviewing and incorporating amendments provided by Chispa, ACLU SoCal, and other community-based organizations on Exhibit I to strengthen and create a strong effective police oversight commission. For the past several years,the Latino Community Foundation has invested in local Latino-led nonprofits in Orange County who seek to build stronger communities in the county. The foundation has the largest network of Latino philanthropists in the country, including one in Orange County, and has invested$20 million to build Latino civic and political power and leadership in the state. Between civic engagement,vaccine, and other efforts to improve the condition of Latino youth and families, LCF knows that when local leaders come together to problem solve the issues in their community,we all benefit. That is why we commend the council for adopting much of the community's policy framework into crafting this ordinance. As the Council approaches the first reading of the draft ordinance, we urge the City Council to support this draft ordinance and introduce the following amendments that will clarify and refine the scope and powers of the commission. We urge the City Council to introduce these amendments to establish an effective police oversight commission.Amending the following sections of the ordinance: Establishment and Purpose e Remove the language that provides the commission and independent director"to assist in reviewing the police complaint process, and provide a forum to review, evaluate and make recommendations." Instead, add language that includes the purpose of the commission and independent oversight director to provide investigative authority over police practices,police misconduct, officer-involved shootings, and other serious use of force. The Commission must have a clearly defined purpose: to conduct independent, community-led investigations and deliver recommendations. The purpose of this edit is to ensure the Commission is not an entity to review IA investigations or to review the PD complaint process.With this language,the Council will be giving the Commission investigatory power, as opposed to the more auditor language provided previously. Qualifications of Commissioners • The ordinance must clarify that current peace officers are not eligible for Commission membership. Nearly all investigations concerning policing are conducted by peace officers and law enforcement: SAPD IA, OCDA, and POST. The Commission must be composed entirely of civilians to ensure there is one layer of civilian-led oversight of SAPD. • Record checks shall not be required of commissioners. Record checks are an unnecessary deterrent for Commissioners who will be mandated to sign a confidentiality agreement. Furthermore,this is not a requirement for any other city commission,including the Personnel Board. Meetings e We must ensure that the Police Chiefs participation in meetings DOES NOT undermine the goal of an independent Commission and want to ensure that their participation in Commission meetings should be at the discretion of the Commission. With these changes, we want to preempt a scenario in which commission meetings are dominated by the Police Department in the form of Chief or designee participation, or that their presence leads the commission to give overwhelming deference to PD. Powers and Duties of the Police Oversight Commission • The Director must be able to compel the production of evidence and administer oaths in the administration of their duties. Moreover, the Director must deliver findings in writing to ensure clear communication with Commissioners, enabling them to carry out their duties. • When the Commission delivers a recommendation concerning policy or discipline, the City Manager and/or Police Chief must respond in writing to the Commission. The efficacy of the Commission will be measured in the amount of procedural justice that is afforded to the Commission and public. Recommendations must not begin and end with the Commission. Recommendations must be adequately considered and must enable responsive communication from SAPD and the City Manager's office. • There are several provisions that limit the Commission and Director's powers "subject to the restrictions set forth in ... Santa Ana Police Department's policies and procedures." This vague reference to SAPD policies and procedures has the potential to obstruct the duties of the Commission. For example, SAPD could enact a policy that impedes upon the Commission's responsibilities and the language of the ordinance. The Department's policies and procedures must not override this ordinance. For this reason, limiting powers subject to SAPD "policies and procedures" must be deleted from the language. • Regarding the Commission's annual report to the City Council, the public reports must capture the full work of the Commission, including policy and disciplinary recommendations and their disposition. This public reporting is essential for increasing transparency and public confidence in the Commission. Rules and Records e Commission reports shall be posted on the City's website and open to public inspection, except information prohibited from disclosure. Proactive transparency through public websites and accessible reporting will increase trust and confidence in the new Commission. It is imperative that the City of Santa Ana build an effective police oversight model to help avert future unjustified use of deadly force against civilians, hold police officers accountable for misconduct, and intervene to resolve systemic problems within the Santa Ana Police Department. For these reasons, the Latino Community Foundation strongly supports taking into consideration the recommendations and proposed amendments to create meaningful effective oversight in Santa Ana. Sincerely, lf--. 4:z- Christian Arana Vice President of Policy Latino Community Foundation Orozco, Norma From: Greg Camphire <gcamphire@gmail.com> Sent: Monday, October 31, 2022 9:24 AM To: eComment Subject: Agenda Item #15: Adopt an Ordinance Establishing a Police Review Commission Hello, I'm writing today to urge the Santa Ana City Council to hear the longtime demands of residents and begin the process to create an effective, independent, and transparent Police Oversight Commission. The oversight board must have broad authority to investigate complaints, serious incidents, and use of force by SAPD. The commission must be able to access appropriate SAPD documents in order to investigate and make formal judgments on the most serious issues relating to civil rights and civil liberties. The commission must be explicitly authorized with the power of subpoena and the ability to issue disciplinary recommendations to the Police Chief and Internal Affairs division of SAPD as well as the City Council. Police oversight must also be truly independent, which means that no law enforcement officers should serve on the board. We've seen the results when police investigate themselves, leading to zero accountability and officers being fired and rehired. Instead, the commission must include the people most affected by police violence in Santa Ana; and they must be selected through an independent selection panel process. It is important that our communities are aware of the commission's role and responsibilities, and it must create public opportunities for residents to learn about related issues so that they can make informed decisions. Per Assembly Bill 71, the SAPD is mandated by state law to annually submit data to the California Department of Justice on use of force incidents that resulted in serious bodily injury, death, or discharge of a firearm. Under AB 953, SAPD is mandated to report a) all vehicle and pedestrian stops and b) citizen complaints alleging racial and identity profiling to the DOJ. I urge the City Manager and City Council to mandate the Police Department issue an annual written report summarizing use of force and racial and identity profiling data. This is one of the most important issues of our time. We need to police the police. Thank you, Greg Camphire Ward 2 92701 i October 28, 2022 Mayor Sarmiento and City Councilmembers 20 Civic Center Plaza Santa Ana, CA 92701 ecommentkSanta-ana.org Via Email RE: Santa Ana Police Oversight Commission Ordinance and Agenda Item 15 Dear Mayor Sarmiento and City Councilmembers, Viet Rainbow of Orange County (VROC) is writing to express our strong support for a robust police oversight Commission for the City of Santa Ana. We commend the City Council and the City Attorney for reviewing and incorporating amendments provided by Chispa, ACLU SoCal, and other community based organizations on Exhibit 1 to strengthen and create a strong effective police oversight commission. We commend the council for adopting much of the community's policy framework in to craft this ordinance. As the Council approaches the first reading of the draft ordinance, we urge the City Council to support this draft ordinance and introduce the following amendments that will clarify and refine the scope and powers of the commission. We urge the City Council to introduce these amendments to establish an effective police oversight commission. Amending the following sections of the ordinance: Establishment and Purpose e Remove the language that provides the commission and independent director"to assist in reviewing the police complaint process, and provide a forum to review, evaluate and make recommendations."Instead, add language that includes the purpose of the commission and independent oversight director to provide investigative authority over police practices, police misconduct, officer-involved shootings, and other serious use of force. The Commission must have a clearly defined purpose: to conduct independent, community-led investigations and deliver recommendations. The purpose of this edit is to ensure the Commission is not an entity to review IA investigations or to review the PD complaint process. With this language, the Council will be giving the Commission investigatory power, as opposed to the more auditor language provided previously. Qualifications of Commissioners 1 • The ordinance must clarify that current peace officers are not eligible for Commission membership.Nearly all investigations concerning policing are conducted by peace officers and law enforcement: SAPD IA, OCDA, and POST. The Commission must be composed entirely of civilians to ensure there is one layer of civilian-led oversight of SAPD. • Record checks shall not be required of commissioners. Record checks are an unnecessary deterrent for Commissioners who will be mandated to sign a confidentiality agreement. Furthermore, this is not a requirement for any other city commission, including the Personnel Board. Meetings 0 We must ensure that the Police Chief s participation in meetings DOES NOT undermine the goal of an independent Commission, and want to ensure that their participation in Commission meetings should be at the discretion of the Commission. With these changes, we want to preempt a scenario in which commission meetings are dominated by the Police Department in the form of Chief or designee participation, or that their presence leads the commission to give overwhelming deference to PD. Powers and Duties of the Police Oversight Commission • The Director must be able to compel the production of evidence and administer oaths in the administration of their duties. Moreover, the Director must deliver findings in writing to ensure clear communication with Commissioners, enabling them to carry out their duties. • When the Commission delivers a recommendation concerning policy or discipline,the City Manager and/or Police Chief must respond in writing to the Commission. The efficacy of the Commission will be measured in the amount of procedural justice that is afforded to the Commission and public. Recommendations must not begin and end with the Commission. Recommendations must be adequately considered and must enable responsive communication from SAPD and City Manager's office. • There are several provisions that limit the Commission and Director's powers "subject to the restrictions set forth in ... Santa Ana Police Department's policies and procedures." This vague reference to SAPD policies and procedures has the potential to obstruct the duties of the Commission. For example, SAPD could enact a policy that impedes upon the Commission's responsibilities and the language of the ordinance. The Department's policies and procedures must not override this ordinance. For this reason, limiting powers subject to SAPD "policies and procedures" must be deleted from the language. • Regarding the Commission's annual report to the City Council, the public reports must capture the full work of the Commission, including policy and disciplinary recommendations and their disposition. This public reporting is essential for increasing transparency and public confidence in the Commission. 2 Rules and Records e Commission reports shall be posted on the City's website and open to public inspection, except information prohibited from disclosure. Proactive transparency through public websites and accessible reporting will increase trust and confidence in the new Commission. It is imperative that the City of Santa Ana build an effective police oversight model to help avert future unjustified use of deadly force against civilians, hold police officers accountable for misconduct, and intervene to resolve systemic problems within the Santa Ana Police Department. For these reasons, VROC strongly supports taking into consideration the recommendations and proposed amendments to create meaningful effective oversight in Santa Ana. Sincerely, Uyen Hoang Executive Director CC: VSarmientogsanta-ana.org PBacerragSanta-ana.org TPhankSanta-ana.org DPenalozakSanta-ana.org JessieLopezkSanta-ana.org JRyanHernandezk Santa-ana.org Wendozak Santa-ana.org 3 10/28/22 Mayor Sarmiento and City Councilmembers 20 Civic Center Plaza Santa Ana, CA 92701 e c om m entg s anta-an a.org Via Email RE: Santa Ana Police Oversight Commission Ordinance and Agenda Item 15 Dear Mayor Sarmiento and City Councilmembers, Chispa and ACLU of Southern California write to express our strong support for a robust police oversight commission for the City of Santa Ana. We commend the City Council and the City Attorney for reviewing and incorporating amendments provided by community-based organizations on the proposed ordinance, Exhibit 1, to establish an effective police oversight commission. We further commend the Council for adopting much of the community's policy framework in Exhibit 1. We urge the City Council to introduce the following amendments that will clarify and refine the scope and powers of the Commission,in their respective ordinance sections: Establishment and Purpose e Remove the language that directs the Commission and Director"to assist in reviewing the police complaint process, and provide a forum to review, evaluate and make recommendations." Instead, add language that authorizes the Commission and Director to provide independent investigations, analyses, and recommendations over police practices, police misconduct, officer-involved shootings, and other serious uses of force. The Commission must have a clearly defined purpose: to conduct independent,community-led investigations and deliver analyses and recommendations. The purpose of this edit is to ensure the Commission is not an entity to review SAPD IA investigations or to review the PD complaint process. With this language, the Council will empower the Commission with investigatory authority, as opposed to the more auditor-review focused language provided. Qualifications of Commissioners e The ordinance must clarify that current peace officers are not eligible for Commission membership.Nearly all investigations concerning policing are conducted by peace officers and law enforcement: SAPD IA, OCDA, and POST. The Commission must be composed entirely of civilians to ensure there is one layer of civilian-led oversight over SAPD. 1 e Record checks shall not be required of commissioners. Record checks are an unnecessary deterrent for commissioners who will be mandated to sign a confidentiality agreement. Furthermore, this is not a requirement for any other city commission, including the Personnel Board. Meetings e We must ensure that the Police Chiefs participation in meetings DOES NOT undermine the goal of an independent Commission. The Chief's participation in Commission meetings should be at the discretion of the Commission. With these changes, we want to preempt a scenario in which Commission meetings are dominated by the Police Department, or that their presence leads the Commission to give overwhelming deference to SAPD. Powers and Duties of the Police Oversight Commission • The Director must be able to compel the production of evidence and administer oaths in the administration of their duties. Moreover, the Director must deliver findings in writing to ensure clear communication with Commissioners, enabling them to carry out their duties. • When the Commission delivers a recommendation concerning policy or discipline,the City Manager and/or Police Chief must respond in writing to the Commission. The efficacy of the Commission will be measured in the amount of procedural justice that is afforded to the Commission and public. Recommendations must not begin and end with the Commission. Recommendations must be adequately considered and must enable responsive communication from SAPD and City Manager's office. • There are several provisions that limit the Commission and Director's powers "subject to the restrictions set forth in ... Santa Ana Police Department's policies and procedures." This vague reference to SAPD policies and procedures has the potential to obstruct the duties of the Commission. For example, SAPD could enact a policy that impedes upon the Commission's responsibilities and the language of the ordinance. The Department's policies and procedures must not override this ordinance. For this reason, limiting powers subject to SAPD"policies and procedures"must be deleted from the language. • Regarding the Commission's annual report to the City Council, the public reports must capture the full work of the Commission, including policy and disciplinary recommendations and their disposition. This public reporting is essential for increasing transparency and public confidence in the Commission. Rules and Records e Commission reports shall be posted on the City's website and open to public inspection, except information prohibited from disclosure. Proactive transparency through public websites and accessible reporting will increase trust and confidence in the new Commission. 2 It is imperative that the City of Santa Ana build an effective police oversight model to help avert future unjustified use of deadly force against civilians, hold police officers accountable for misconduct, and intervene to resolve systemic problems within the Santa Ana Police Department. For these reasons, we urge the City Council to consider and introduce the amendments above. Sincerely, Chispa and ACLU of Southern California CC: VSarmientogsanta-ana.org PBacerragsanta-ana.org TPhanksanta-ana.org DPenaloza(2santa-ana.org JessieLopezgsanta-ana.org JRyanHernandezksanta-ana.org NMendoza2santa-ana.org 3 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING DIVISION 16 TO ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE FOR THE ESTABLISHMENT OF A POLICE OVERSIGHT COMMISSION RECITALS A. The residents of the City of Santa Ana are concerned about public safety and have expressed their concern through various means of civil engagement, including participation in community forums on establishing civilian oversight,following widespread protests in 2020 as part of the national movement for racial justice and police accountability. B. There have been allegations of excessive force and other types of alleged misconduct committed by Santa Ana Police Officers,which can erode public trust in law enforcement; the community of Santa Ana.The Santa Ana Police Department("Department'or"Police Department') and the City Council are committed to working together to build trust and improve public safety. C. Historically, the City of Santa Ana has settled several lawsuits involving the Police Department involving incidents prior to 2017. The City Council is committed to exploring ways to reduce liability through improvements in police operations through continued transparency. D.The process for establishing a Police Oversight Commission began in June 2020 when the Mayor and Councilmembers directed staff to research police oversight.This resulted in numerous public informational sessions, data-gathering through two community feedback surveys, and reports outlining the various models of police oversight. In October 2021, the Mayor appointed three Councilmembers to the Police Oversight Ad Hoc Committee,who met from November 2021 to June 2022.The Ad Hoc Committee studied police oversight in detail, resulting in a working draft of an ordinance to establish a Police Oversight Commission. E. The establishment of the Santa Ana Police Oversight Commission will support democratic governance and lead to an even more professional, well-managed, accountable, and highly functioning Police Department. F. Santa Ana residents and the City Council desire a highly resourced and effective Police Oversight Commission to improve law enforcement operations and sustain community trust. G.The Santa Ana City Council is committed to providing the resources needed to properly investigate allegations of police practices, police misconduct, officer-involved shootings, and other serious uses of force and thereby determines it is necessary to ensure the people who conduct investigations have the requisite expertise, establish the credibility 55394.00000A40763936.1 of the investigations, and inspire the community's confidence in their quality and independence. H. Pursuant to the City of Santa Ana City Charter Section 700, the City Council may provide for the organization, conduct, and operation of offices, departments, and other agencies set forth in the Charter and may provide for the creation of additional departments,divisions, offices, and agencies and for their alteration or abolition,for their assignment and reassignment to departments, and for the number, titles, qualifications, powers,duties, and compensation of all officers and employees. I. Pursuant to City Charter Section 700, the City Council by ordinance may assign additional functions or duties to offices, departments, or other agencies or create additional offices or departments. J. Pursuant to City Charter Section 900,the City Council may establish appointive boards and commissions by ordinance and shall specify in such ordinance the powers and duties of the boards and commissions. THE CITY COUNCIL OF THE CITY OF SANTAANA DOES ORDAIN AS FOLLOWS: SECTION 1. Division 16 is hereby added to Article IV of Chapter 2 of the Santa Ana Municipal Code to read as follows: CHAPTER 2 ARTICLE IV DIVISION 16—POLICE OVERSIGHT COMMISSION Sec.2-660.Establishment and Purpose. There is hereby established a Police Oversight Commission (hereinafter referred to as the "Commission"). The purpose of the Commission shall be to improve transparency, increase the accountability of and public confidence in the Santa Ana Police Department, and provide for an Independent Oversight Director. The purpose of the Commission and Independent Oversight Director is to provide the Chief of Police,City Manager, and City Council independent investigations of, analyses, and recommendations on police practices, police misconduct,officer-involved shootings,and other serious uses of force L,r,,yid fl.r R 'Rder,eRdeRt Oversight Dire,.+ r tass;ist ; rprornirnpndatmons about police nd public safety I Commented[JR7]:The Commission must have a clearly defined purpose:to conduct independent, Sec.2-661.Police Oversight Commission Membership and Term. community-leddata investigations and deliver 9 p recommendations.The purpose of this edit is to ensure the Commission is not an entity to review IA The Commission shall consist of seven (7)members to be appointed by the city investigations or to review the PD complaint process. council from the residents of the city. with this language,the Council will be giving the Commission investigatory power,as opposed to the more auditor language provided previously. 55394.00000A40763936.1 The city council shall strive to appoint members who are fair and impartial,and who represent diverse social,economic, and political interests.The city council shall consider the career and life experiences of Commission applicants and appoint those 55394.00000A40763936.1 who are representative of the diversity of the Santa Ana community and whose knowledge and experiences will most benefit the Commission's ability to carry out its duties and responsibilities and build trust with the community.The City Council will strive to appoint applicants with knowledge and/or experience in the fields of human resources practices, management, policy development,auditing, law, investigations, social services, civil rights, and civil liberties. The Clerk of the Council shall prepare application forms requiring applicants to provide information demonstrating that they meet qualification requirements set forth in Section 2-662. Sec.2-662.Qualifications of Commissioners. (a)All members of the Commission shall reside in the City of Santa Ana. (b) Elected or appointed officers and employees serving the City shall not be eligible for appointment to the Commission. Retired peace officers or peace officers who have separated from public service shall not be eligible for appointment to the Commission unless at least five(5)years has passed from the date of their separation from the governmental entity with which they were previously employed. Only one former or retired peace officer,who is appointed first in time, may serve on the Commission at any given time. "Peace officer"as used herein shall have the same meaning and definition as set forth in California Penal Code section 830 et seq. h - Formatted:Font:12 pt ko(d)Any person who is currently a sworn peace officer or any member of a peace Formatted:Indent:Left: 0.57",Right: 0", No bullets or officer's immediate family shall not be eligible for appointment to the Commission. numbering, p Tab stops:Not at 0.81" "Immediate family"as used herein shall be defined as the spouse, registered Formatted:Right: 0",Tab stops:Not at 0.81" domestic partner,or dependent children of the government employeed -- Commented[JR2]:The ordinance must clarify that 44Le)_Practicing attorneys who handle,or are members of firms or entities that currently current peace officers are not eligible for Commission membership.Nearly all investigations concerning handle,criminal or civil matters involving the Santa Ana Police Department are ineligible policing are conducted by peace officers and law to serve on the Commission. enforcement:SAPID IA,OCDA,and POST.The Commission must be comprised entirely of civilians to ensure {e�Criminal convictions or immigration status shall not be considered or used as a basis SAPID.there is one layer of civilian-led oversight of to disqualify an applicant from serving on the Commission. /GPTIGNlnl AS- RE AS- REQU ESTED RV THE SANTA ANA P01 ICE 0 EPAR_�_�.orTM Ez NT: ADD_ I.n o�.a'9.,�,rder to comply Formatted:Font:12 pt .d+h the Ie..al +a+„ .,+e f...,.,fi.J ..e +inn.,Of+ f...,r..e. .,..JG as e+forth h..the/'`anf.,..,ia F--- Formatted:List Paragraph,Indent:Left: 0.57",First DepartrneRt of justice, limited records rhecks will be required of Cornmissoners... .......... line: 0",Right: 0.1",Numbered+Level:1 +Numbering Style:a,b,c,...+Start at:1 +Alignment:Left+Aligned Sec.2-663.—Commissioner confidentiality and training. at: 0.56"+Indent at: 0.81",Tab stops: 0.82",Left Commented[JR3]:This must not be enacted.Record (a) Prior to attending their first Commission meeting, each Commissioner shall take an checks are an unnecessary deterrent for oath and execute a confidentiality agreement stating that they will not divulge or Commissioners who will be mandated to sign a disseminate confidential information, including identities of witnesses and contents of confidentiality agreement. confidential testimony and documents, either during their term of office or thereafter to ensure that confidential personnel information and other information subject to state law protections is not released or shared. (b) No later than 90 days after appointment, each member shall: 55394.00000A40763936.1 1. Participate in a ride-along with the Santa Ana Police Department and every six (6)months thereafter;and 55394.00000A40763936.1 2. Receive training in relevant subject matters, including but not limited to the Police Department's operations, policies, practices, procedures related to the following: internal affairs investigations;authorized uses of force, including the use of deadly force ;control devices and techniques; uses of conducted energy device; handcuffing and restraints; detention and arrest of persons; search and seizure of persons and property; the department's established focus of de-escalation tactics, vehicle pursuits, and the duties, responsibilities, procedures, and requirements associated with all ranks and assignments facilitated by the Independent Oversight Director 3.All training shall be predominantly obtained from independent,third-party bodies or institutions that have experience with internal affairs of police departments and civilian review investigations and audits. 4. Attend training sessions sponsored by the National Association for Civilian Oversight of Law Enforcement or similar entities, or through presentations provided on topics including, at a minimum, constitutional rights and civil liberties, fundamentals of procedure,evidence,and due process, procedural rights and confidentialities afforded to police officers by California law(including, but not limited to, Government Code Section 3300 et seq. and Penal Code Sections 832.7 and 832.8 and Evidence Code Sections 1040-1043), state use of force standards, police union contracts, labor rights, in-person implicit bias training, and best practices for conducting investigations. Sec.2-664.-Meetings. The Commission shall hold its first meeting when there are a sufficient number of appointed Commissioners to constitute a quorum.At such meeting,the Commission shall fix the time and place of regularly scheduled meetings which shall not meet less than once each month. The Police Chief or their designee, the City Manager or their &4alldesignee, shall attend all—regular and special meetings of the Commission and provide regular staff support to the Commission when requested by the Commission._ ,- commented[JR4]:The goal of this ordinance should be to strive for Commission independence to the Sec.2-665.-Powers and duties of the Police Oversight Commission. furthest extent allowed under current charter restrictions.We must ensure that the Police Chiefs participation in meetings should not undermine the goal To effectuate its purpose,the Commission shall: of an independent Commission,and want to ensure that their participation in Commission meetings should a Review,evaluate an make recommendations to the e of and Council be at the discretion of the Commission.With these ( ) Ri l d k di h Chief Police d City C il changes,we want to pre-empt a scenerio in which regarding the Police Department's policies, practices,and procedures,develop programs commission meetings are dominated by the Police and strategies to promote positive police-community relations, and make appropriate Department in the form of Chief or designee Manager and the City Council.Within thirty 30 days after Participation,or that their presence leads the recommendations to the City g y y ( ) y commission to give overwhelming deference to PD. receiving such recommendations, the City Manager shall submit a response to the Commission. If the Commission is dissatisfied with the response, the Commission may submit its recommendations to the City Council. The City Manager may extend for an additional thirty (30) days the time periods in which they are required to submit their responses to the Commission by giving the Commission written notice of such extension. (b) Receive, hear, and review misconduct complaints, tort claims, or lawsuits made against on-duty Santa Ana Police Officers which allege Santa Ana Police Officers have engaged in the following conduct: 55394.00000A40763936.1 (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. (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. (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 hundred and eighty (180) days of the alleged misconduct by a Santa Ana Police Officer. Complaints from person(s)who are incapacitated due to health and/or who have been incarcerated will be accepted, reviewed and if appropriate, investigated up to one (1) year after the alleged misconduct by a Santa Ana Police Officer, provided that sufficient proof is provided of such incapacitation and/or incarceration. (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 55394.00000A40763936.1 (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 Code Section 3300 et seq., California Penal Code Sections 832.5, 832.7 and 832.8; Evidence Code Sections 1043 through 1046;the Santa Ana Charter and Municipal Code, the MOU that applies to the impacted member, and Santa ARa PGIiGe Depar+,,,eRVE; policies and procedures. - Commented[JR5]:There are several provisions that limit the Commission and Director's powers subject to (f)The Independent Oversight Director shall review and investigate timely filed/submitted the restrictions of SAPID policies and procedures.This vague reference has the potential to obstruct the duties complaints as soon as possible. Pursuant to Santa Ana City Charter Section 1100, the of the Commission.For example,SAPID could enact a City Council hereby authorizes the Independent Oversight Director to subpoena policy that obstructs this ordinance.The Department's witnesses,administer oaths, and compel the production of evidence for their independent policies and procedures must not override this ordinance. investigation.At the conclusion of the investigation,the Indepdent Oversight Director shall submit a report with findings and recommendations, either orally ander in writing, to the Commission. Commented[JR6]:The Director must be able to compel the production of evidence and administer (1) Upon receipt of the Independent Oversight Director's report,the Commission may: oaths in the administration of their duties.Moreover, the Director must deliver findings in writing to ensure clear communication with Commissioners,enabling (i) Direct the Independent Oversight Director to investigate the complaint further; them to carry out their duties. (ii) Forward the Commission's findings and recommendations concerning the complaint to the City Manager based upon the Indepdent Oversight Director's report; and (iii) Make disciplinary recommendations to the Police Chief and/or the City Manager, when a complaint of misconduct has been sustained against a Santa Ana Police Officer subject to the restrictions set forth in Government Code Section 3300 et seq., California Penal Code Sections 832.5, 832.7 and 832.8; Evidence Code Sections 1043 through 1046;the Santa Ana Charter and Municipal Code,the MOU that applies to the impacted member„and the Police Departments policies and procedures. This subdivision does not, however, provide the Commission or the Independent Oversight Director the authority to impose any discipline on any member of the Police Department. All discipline ultimately imposed on any peace officer must comply with all federal,state and local laws,including, but not limited to, Government Code Section 3303,et seq., Penal Code Sections 832.5, 832.7 and 832.8; Evidence Code Sections 1043 through 1046; Chapter 9,Article V of the Santa Ana Municipal Code,the MOU that applies to the impacted member_,and the —eliGe ithin thirty 30 days after receiving such recommendations, the Police Chief and/or City Manager shall submit a response to the Commission. If the Commission is dissatisfied with the response, the Commission may submit its recommendations to the City Council. The Police Chief and/or City Manager may extend for an additional thirty (30)days the time periods in which they are required Commented[JR7]:When the Commission delivers a to submit their responses to the Commission by giving the Commission written notice of recommendation concerning policy or discipline,the such extension. City Manager and/or Police Chief must respond in writing to the Commission.The efficacy of the Commission will be measured in the amount of (g) Authorize the Independent Oversight Director to audit complaint files and review procedural justice that is afforded to the Commission policies to ensure best practices are implemented. and public.Recommendations must not begin and end with the Commission-they must be adequately considered and must enable responsive (h)Advise the Mayor,City Council,City Manager and Police Chief on community relations communication from SAPID and City Manager's office. 55394.00000A40763936.1 issues involving the Police Department. (i) Review any Memorandum of Understanding (MOU) between the City and the Santa Ana Police Officers Association or the City and the Santa Ana Police Management 55394.00000A40763936.1 Association, and provide suggestions and recommendations concerning negotiations to the City Manager and the City Council. Q) Conduct public meetings to educate the community on the purpose of the Police Oversight Commission and provide a forum for discussions about police policies, practices, and procedures. (k)Prepare and submit an annual report to the City Council concerning the Commission's activities, findings and recommendations.The annual report shall include, at a minimum, the following: The number of investigations initiated during the annual reporting period and data summarizing the nature of the alleged or actual underlying conduct; The number of investigations concluded during the reporting period, and, of those investigations, the number that took more than six months to conclude and data summarizing the nature of the alleged or actual underlying conduct; The number of investigations pending as of the end of the reporting period and data summarizing the nature of the alleged or actual underlying conduct; The number of complaints not sustained during the reporting period and data summarizing the nature of the alleged or actual underlying conduct; The number of complaints sustained during the reporting period and data summarizing the nature of the alleged or actual underlying conduct; The number of complaints filed against each police officer during the reporting and data summarizing the nature of the alleged or actual underlying conduct; the number of disciplinary recommendations issued to the Police Chief and City Manager, as well as the number of recommendations accepted and rejected. The number of complaints referred to other agencies during the reporting period and the identity of such other agencies and data regarding summarizing the nature of the alleged or actual underlying conduct. The reports or recommendations submitted to the City Council, Police Chief, and City Manager concerning Commission regulations, legislation, or budgetary allocation and Police Department policies, procedures, customs, orders, collective bargaining agreements, programs, and training,as well as the appropriate party's response to such reports or recommendations. commented[JRs]:Public reports must capture the full work of the Commission-including policy and (1)Perform such other duties as requested by the City Council.All staff work must comply disciplinary recommendations and their disposition. This public reporting is essential for increasing with all federal, state and local laws, including but not limited to, Government Code transparency and public confidence in the Commission. Section 3303, et seq., Penal Code Sections 832.5, 832.7 and 832.8; Evidence Code Sections 1043 through 1046; Chapter 9, Article V of the Santa Ana Municipal Code,the MOU that applies to the impacted member and Santa n.a PeliGo Depar+,, eRt'S p liGies 55394.00000A40763936.1 and . 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 City 55394.00000A40763936.1 employee at the discretion 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 officer-involved shootings (discharge of a firearm at a person), in-custody deaths, and complaints, tort claims or lawsuits alleging on-duty Santa Ana Police Officers engaged in the following conduct: (1) use of force that resulted in great bodily injury of a person; (2) prejudice or discrimination involving a protected class; (3)dishonesty; (4)sexual assault- (5) unlawful arrest or unlawful search; (6) unreasonable or excessive force; (7)failure to intervene against another officer using force that is clearly unreasonable/excessive; or (8) 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 that occurred prior to the effective date of the Ordinance enacting this Division.Any review of historical data or incidents must comply with all federal, state and local laws, including but not limited to, Government Code Section 3303, et seq., Penal Code Sections 832.5, 832.7 and 832.8; Evidence Code Sections 1043 through 1046;Chapter 9,Article V of the Santa Ana Municipal Code, the MOU that applies to the impacted members Santa Ana Police Department's policies and procedures. (d) The Independent Oversight Director shall conduct all audits and investigations in a fair, objective, impartial, and ethical manner, and shall comply with the Public Safety Officers Procedural Bill of Rights(Government Code Section 3300,et seq.)in interviewing police officers.The Independent Oversight Director shall prepare a written report of each investigation that will constitute the public record and may discuss confidential or privileged information with the Commission in a properly notice closed session.The report shall comply with the provisions of Penal Code Sections 832.5, 832.7 and 832.8 and Evidence Code Sections 1043 through 1046.After review by the Commission,the public record of the investigation shall be posted on the public website for the Commission within thirty(30)days. 55394.00000A40763936.1 All disclosures of investigations conducted by the Independent Oversight Director shall comply with California Penal Code Sections 832.5, 832.7 and 832.8 and California Evidence Code Sections 1043 through 1046, as amended from time to time. The Independent Oversight Director may discuss findings with the Commission and/or the public in strict compliance with California Penal Code Sections 832.5, 832.7 and 832.8 and California Government Code Sections 3300, et seq. (e) The City Manager or their designee shall assist with advertising the position of Independent Oversight Director and shall prepare the necessary documents to engage the Independent Oversight Director. The City Council shall review all qualifying applications and select no more than three applicants to interview for the role of Oversight Director. The Commission shall be permitted the opportunity to review the top three applicants and recommend a candidate to the City Council. The Independent Oversight Director shall be authorized by the City Council under Charter Section 1100 to report directly to the City Council. Sec.2-667.—Budget and Support for Commission and Oversight Director. The City Manager shall make a recommendation to the city council,as part of the annual City budget, to fund the Commission and any additional labor, consulting, equipment, training, or materials necessary for the Commission and the Independent Oversight Director to carry out the duties and exercise the powers set forth in this division. Sec.2-668—Access to Police Department records,data and reports. To effectuate meaningful oversight and accountability, the Commission and the Independent Oversight Director shall have complete and prompt access to all police department records, information, and data, including, but not limited to, audio and video recordings, photographs, police reports, dispatch logs, and other records related to the underlying incident to assist the Commission and the Independent Oversight Director in effectively discharging their respective duties, subject to all federal, state and local laws including any and all restrictions set forth in the Santa Ana Charter, Municipal Code and the Public Safety Officers Procedural Bill of Rights(Government Code Section 3300, et seq.) The Police Department shall designate staff who will timely receive and process requests for records made by the Commission and/or the Independent Oversight Director. To increase transparency, all data including, but not limited to, stop,detention,arrest, and use of force data, including Racial and Identity Profiling Act("RIPA")data and reports,that are legally disclosed to the Department of Justice and/or any other federal or state law enforcement agency, shall, at the time of disclosure of that data, be concurrently provided to the Commission and the Independent Oversight Director. Sec.2-669.-Rules and records. The Commission shall, in consultation with the Independent Oversight Director and the City Manager, develop rules for the transaction of business of the Commission, which rules shall,among other things,include the manner of calling and giving notice of special 55394.00000A40763936.1 meetings and hearings, and the appointment and powers of ad hoc and standing subcommittees. Said subcommittees may be formed to work on various topics within the scope of police activities. The city council shall adopt the rules for the transaction of business of the Commission. The Commission shall also keep records of its resolutions, rules, transactions, motions, orders, findings, recommendations and determinations. Except for those items made confidential by California Penal Code Sections 832.5,832.7 and 832.8, or by any other applicable privileges under the law, the records of the Commission shall be open to the public.Commission reports shall be posted on the City's website and open to public inspection, except that information contained therein that is confidential and prohibited from disclosure under any other applicable law shall be redacted. -- Commented[JR9]:Proactive transparency through public websites and accessible reporting will increase Sec.2-670.Severability. trust and confidence in the new Commission. Should any provision of this division,or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void,that determination shall have no effect on any other provision of this division or Chapter or the application of this division or Chapter to any other person or circumstance and,to that end,the provisions hereof are severable. Secs.2-671 -2-699 Reserved. SECTION 2.Section 2-325 of Article IV of Chapter 2 of the Santa Ana Municipal Code is hereby amended to add a subsection (i)to read as follows: (New language is underlined) Sec.2-325.-Compensation for members of boards,commissions. 1. The members of the following boards and commissions of the city shall receive the compensation as set forth herein: (a) Community development and housing commission.Fifty dollars($50.00)per meeting,three(3)meetings maximum per month, plus twenty dollars($20.00)per month automobile allowance. (b) Personnel board.Fifty dollars($50.00)per meeting. (c) Planning commission. Fifty dollars($50.00)per meeting,three(3) meetings maximum per month, plus fifty dollars($50.00)per month automobile allowance. (d) Historic resources commission.Fifty dollars($50.00)per meeting,two (2) meetings maximum per month. (e) Parks, recreation and community services commission. Fifty dollars($50.00)per meeting,two(2)meetings maximum per month. (f) Environmental and transportation advisory commission.Fifty dollars($50.00)per meeting,two(2)meetings maximum per month. 55394.00000A40763936.1 (g) Youth commission.One(1)meeting per month,three(3)special meetings 55394.00000A40763936.1 maximum per year with the compensation of fifty dollars($50.00)per meeting. (h)Arts and culture commission. Each commission member shall receive a maximum compensation in the amount of fifty dollars($50.00)for attendance at one(1) regular meeting per month. (i) Police Oversight Commission.Each Commissioner shall receive$50 per meeting with no more than four(4)compensated meetings per month. 2. The members of the appointive boards and commissions may receive reimbursement for necessary traveling and other expenses when on official duty of the city when such expenditure has been appropriated by the city council and authorized by the board or commission and subject to rules and regulations prescribed by ordinance or order of the city council. SECTION 3. The Clerk of the Council shall attest and certify to the passage and adoption of this Ordinance, and shall cause same to be posted as required by law and this Ordinance shall take effect thirty(30)days after its final adoption. SECTION 4. If any section, subsection,sentence clause or phrase or word of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this Ordinance.The City Council of the City of Santa Ana hereby declares that it would have passed this Ordinance and each and every section, subsection,sentence clause or phrase or word not declared invalid or unconstitutional without regard to any such decision or preemptive legislation. ADOPTED this_day of November,2022. Vicente Sarmiento Mayor APPROVED AS TO FORM: So111 Carvalh City Attorney ' By:Tamara Bogosian Senior Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: 55394.00000A40763936.1 ABSTAIN: Councilmembers: ABSENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on ,and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 55394.00000A40763936.1 October 28, 2022 TO: e-comments BCC: Santa Ana City Council SUBJECT: Comments to the First Draft Ordinance for the Police Oversight Commission What follows are my comments to the subject document. My comments are intended to strengthen the independent structure of the proposed Commission, clarify roles of all key participants and mitigate against unintended consequences and internal conflicts. My comments are premised on the Constitution of the City of Santa Ana (aka the City Charter) and its relevant Sections. Section 2-665(a) • Define"practices"to include financial,management,and operational practices. • Remove the process for City Manager response and allow the Commission to submit their final report to the City Manager and the City Council where it then becomes a matter of public record. This speeds the distribution of information to the public and builds trust within the Community. It also enables independence of the Commission. The final disposition of findings and recommendations is an issue between the City Manger and the City Council. Section 2-665 (f)(1)(ii) • The Commission findings of the concerning the complaint should concurrently be presented to the City Manager and City Council Section 2-665(G) • Following this,the responsibilities of the Independent Director should include developing loss trend reports, root cause/post loss analysis,claim reviews,and identification of recommended improvements for reducing the incidence of loss and lowering the cost of all civil lawsuits. Section 2-666—Add F • The termination of the Independent Oversight Director must require the vote of 3/5th of the Commission. Such vote shall be considered advisory in nature and may at the Commissions discretion be done in executive session. Section 2-666-Add G The Commission may contract for the services of an Independent Oversight Director.The City Manager shall assist with the procurement and contract for the services of an individual or consulting firm to serve as the Independent Oversight Director.The City manager shall serve as the City's Contracting Officer and the Commission shall be designated as the Client.The Commission is responsible for approving a scope of work to meet the various needs and objectives of the Commission and approval of all payments.Termination of the contract can only be enacted with 3/5th vote of the Commission. Section 2-667 • Please change to reflect the Commission makes a budget recommendation to the City Manager for City Council consideration.(As a matter of maintaining independence,the City Manager should be directly engaged in budget development or approval) Section 2-669 • This a very good improvement over the initial recommendation for the Independent Director and the City Manager to meet privately and out of the public forum General The Personnel Board is based on an ordinance.The Council should obtain written confirmation that the ordinance establishing the Personnel Board was approved by Santa Ana voters. Sincerely, Vr . . 4k Victor D Mendez 2222 East First St Santa Ana, CA 92705