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Item # 29
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 17, 2023
TOPIC: Police Oversight Commission
AGENDA TITLE:
Police Oversight Commission Informational Report
RECOMMENDED ACTION
Accept informational report and provide direction to staff.
DISCUSSION
Background: Ordinance Establishing the Police Oversight Commission
On November 15, 2022, the City Council adopted an ordinance establishing a Police
Oversight Commission. The purpose of the Police Oversight Commission is to improve
transparency, increase the accountability of and public confidence in the Santa Ana
Police Department and to provide for an Independent Oversight Director. The purpose
of the Commission is to act through the Independent Oversight Director to provide the
Chief of Police, City Manager, and City Council independent investigations of, analysis,
and recommendations on police practices, police misconduct, officer-involved
shootings, and other serious uses of force.
About the Police Oversight Commission
Once established, the Police Oversight Commission will consist of seven members,
referred to as “commissioners”, who will meet at least once a month to engage in the
following:
•Review, evaluate and make recommendations to the Chief of Police and City
Council regarding the Police Department’s policies, practices, and procedures,
develop programs and strategies to promote positive police-community relations,
and make appropriate recommendations to the City Manager and the City
Council.
•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 misconduct as specified in Santa Ana Municipal Code Sec. 2-
665(b).
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January 17, 2023
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•Receive and discuss reports from the Independent Oversight Director on all
incidents involving alleged misconduct by Santa Ana Police Officers as specified
in Santa Ana Municipal Code Sec. 2-665(b).
•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.
•Authorize the Independent Oversight Director to audit complaint files and review
policies to ensure best practices are implemented.
•Advise the Mayor, City Council, City Manager and Police Chief on community
relations issues involving the Police Department.
•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 Association, and provide suggestions and recommendations
concerning negotiations to the City Manager and the City Council.
•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.
•Prepare and submit an annual report to the City Council concerning the
Commission’s activities, findings and recommendations.
Each member of the City Council will nominate an eligible candidate to serve on the
Commission and the City Council will collectively consider appointing each candidate to
the Commission. Once a commissioner is appointed, they will be required to take an
oath and execute a confidentiality agreement and engage in a series of trainings, and
may participate in a ride-along with the Santa Ana Police Department.
Once a quorum is established, the Commission will hold its first meeting. At that
meeting, the Commission will fix the time and place of regularly scheduled meetings.
The Commission will be provided with regular staff support, who, along with the City
Manager or their designee and Police Chief or their designee, will attend each
Commission meeting. Commissioners will be compensated $50 per meeting, with no
more than four compensated meetings per month.
About the Independent Oversight Director
The City Council is authorized to appoint an Independent Oversight Director who will
either be engaged through a professional services agreement or who may be hired as
an exempt at-will City employee who will serve at the will and pleasure of the City
Council. In addition to staff support that will be provided to the Commission, the
Independent Oversight Director will assist the Commission in performing its duties and
exercising its powers. This includes the following:
•Conduct investigations of allegations of on-duty Santa Ana Police Officers who
have engaged in misconduct as specified in Santa Ana Municipal Code Sec. 2-
665(b).
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•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.
•Audit complaint files and review policies to ensure best practices are
implemented.
Implementation Timeline
Below is an overview of the activities associated with the implementation of the Police
Oversight Commission ordinance.
Date Activity Owner
January 2023 Begin a search for an Independent
Oversight Director either by engaging an
individual through a professional services
agreement or by creating an Independent
Oversight Director classification on
launching a recruitment.
City Manager’s Office
City Attorney’s Office
(assisting)
Human Resources
(assisting)
January 2023 Launch a recruitment for a Management
Analyst to provide regular staff support to
the Police Oversight Commission.
City Manager’s Office
Human Resources
(assisting)
January 2023 Engage the National Association for Civilian
Oversight of Law Enforcement (NACOLE)
for technical assistance, training, and on-
going support services relating to the Police
Oversight Commission
City Manager’s Office
City Attorney’s Office
(assisting)
January 2023 Release a call for applications to serve on
the Police Oversight Commission.
City Clerk’s Office
City Council
January
through June
2023
Through a cross-departmental working
group composed of staff from the City
Attorney’s Office, City Clerk’s Office, City
Manager’s Office, and Santa Ana Police
Department, collaborate with NACOLE to
develop and execute detailed
implementation plan to launch the Police
Oversight Commission program. The goal is
for all members of the Police Oversight
Commission to be appointed and ready to
have their first meeting (have taken an oath,
signed a confidentiality agreement, begun
trainings, and been offered a ride-along), for
the City to have employed a full-time
Management Analyst to provide regular
staff support to the Police Oversight
City Manager’s Office
City Attorney’s Office
City Clerk’s Office
Police Department
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Commission, and for City to have engaged
an Independent Oversight Director.
January
through June
2023
Appoint commissioners to the Police
Oversight Commission.
City Council
January
through June
2023
Interview and select an Independent
Oversight Director.
The Police Oversight Commission shall
review the top three candidates for the
Independent Oversight Director role and
make a recommendation to the City
Council.
City Council
Police Oversight
Commission
July 2023 The Police Oversight Commission operates
independently—with the Management
Analyst and Independent Oversight
Director.
Management Analyst
Independent Oversight
Director
Police Oversight
Commission
Next Steps
Staff seeks direction from the City Council relating to appointing the commissioners and
the Independent Oversight Director :
•Nominations for commissioners: Members of the City Council may individually
reach out to the City Clerk for nominations. Once nominations for eligible
candidates are received by the City Clerk’s Office, staff will agendize their
appointment to the Commission at an upcoming City Council meeting.
•How to engage the Independent Oversight Director: Does the City Council
have a preference of engaging the Independent Oversight Director through a
professional services agreement or by hiring an exempt at-will City employee?
Staff will continue to provide regular updates to the City Council to share progress on
the implementation of the Police Oversight Commission ordinance.
FISCAL IMPACT
There is no fiscal impact associated with this action.
As part of the FY 2022-23 Budget, the City Council appropriated $1 million for police
oversight. These funds are available for expenditure during FY 2022-23 in the General
Non-Departmental budget (account no. 01105015-62302).
Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager