HomeMy WebLinkAboutItem 15 - Ordinance Establishing a Police Review Commission City Manager Office
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Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
November 1, 2022
TOPIC: Ordinance Establishing a Police Review Commission
AGENDA TITLE:
Adopt an Ordinance Establishing a Police Review Commission
RECOMMENDED ACTION
Introduce Ordinance for first reading establishing a Police Oversight Commission.
DISCUSSION
Background
June 12, 2020
Mayor Sarmiento, Mayor Pro Tem Bacerra, and Councilmember Penaloza add a
councilmember requested item to direct staff to research police oversight and return to
the City Council with an informational report.
September 15, 2020
Staff presents an informational report (history of police oversight, overview of models,
subpoena authority, SAPD complaint process for allegations of police officer
misconduct).
December 15, 2020
Staff presents an informational report (more details about subpoena authority,
comparative analysis of California cities with police oversight, community feedback
survey results).
September 7, 2021
Staff presents an informational report (analysis of Auditor/Monitor and Investigation-
Focused models, examination of Berkeley, Oakland, Riverside, and Anaheim police
oversight mechanisms, and eligibility criteria to serve on a police oversight
board/commission).
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October 5, 2021
The Mayor appoints Mayor Pro Tem Bacerra, Councilmember Hernandez, and
Councilmember Lopez to the Police Oversight Ad Hoc Committee.
November 2021 - June 2022
The Police Oversight Ad Hoc Committee meets eight times to discuss police oversight
and work on a draft ordinance.
July 29, 2022
The City Council holds a work study session to discuss police oversight and directs the
City Attorney to prepare an ordinance.
October 18, 2022
The City Council directed the City Attorney to prepare an ordinance to establish a Police
Oversight Commission (Exhibit 1). Below is a summary of the provisions of the
ordinance.
Summary of Ordinance
Establishment and Purpose
• Establishes a Police Oversight Commission with an Independent Oversight
Director.
• Police Oversight Commission’s purpose: Improve transparency, increase the
accountability of and public confidence in the SAPD, provide for an Independent
Oversight Director to assist in reviewing the police complaint process, and
provide a forum to review, evaluate, and make recommendations about police
and public safety.
• Police oversight model: hybrid model that consists of elements of both the
Auditor/Monitor and Investigation-Focused models.
Membership and Term
• Consists of seven members appointed by the City Council.
• Commissioners are fair and impartial, and represent the diverse social,
economic, and political interests of the city.
Qualifications of Commissioners
• Be a Santa Ana resident.
• Cannot be a City official (elected or appointed) or employee.
• May be a retired peace officer or a peace officer who has separated from public
service for at least five (5) years.
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• Cannot be a practicing attorney, or member of a firm, who/that handles criminal
or civil matters involving the SAPD.
• Upon further review of the draft ordinance, the SAPD has recommended the
following as optional language to Section 2-662(e):
– “In order to comply with the legal statute of confidentiality of police
records, as set forth by the California Department of Justice, limited record
checks will be required of Commissioners.”
Commissioner Confidentiality and Training
• Take an oath and execute a confidentiality agreement.
• Participate in a ride-along.
• Receive relevant training from independent third-party bodies/institutions.
• Attend NACOLE-sponsored training sessions (or similar).
Meetings
• Requires the Commission to meet when a sufficient number of Commissioners
have been appointed to constitute a quorum.
• Requires at least monthly meetings.
Powers and Duties of the Commission
• Review, evaluate and make recommendations regarding SAPD’s polices,
practices, and procedures.
• Develop strategies to promote positive police-community relations.
– Advise the City Council, City Manager, and Police Chief on community
relations issues involving the Police Department.
• Make disciplinary recommendations to the City Manager and City Council.
• Receive, hear, and review misconduct complaints, tort claims or lawsuits made
against on-duty SAPD officers.
• Receive and discuss reports from the Independent Oversight Director.
• Direct the Independent Oversight Director to independently review and
investigate misconduct complaints and subpoena witnesses.
• Authorize the Independent Oversight Director to audit complaint files and review
policies.
• Review any MOU between the City and the police employee bargaining groups.
• Conduct public meetings to educate the community on the purpose of the
Commission.
• Prepare and submit annual reports to the City Council.
• Perform other duties as requested by the City Council.
• The SAPD would like to add the following language to Section 2-665(e)[new
language is underlined]:
– “Direct the Oversight Director to independently review and investigate . . .
[The remaining portion of this Section would remain the same.]
• The SAPD would like to add the following language to Section 2-665(f)[new
language is underlined]:
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– “The Oversight Director shall review and investigate . . . [The remaining
portion of this Section would remain the same.]
Appointment of the Independent Oversight Director
• Authorizes the appointment of Independent Oversight Director with the following
powers and duties:
– Conduct investigations when directed by the Commission after receiving a
complaint, tort claim, or lawsuit.
– Request and review citizen complaints, use of force reports, and other
pertinent documents.
– Conduct audits and investigations in a fair, objective, impartial, and ethical
manner, in compliance with POBR, and prepare written reports (in
compliance with state law).
– Discuss findings in strict compliance with state laws.
• Budget and support.
– Requires that the City Manager recommend a budget for the Commission
as part of the annual budget process.
Access to Police Department records, data and reports
• Commission and Independent Oversight Director shall have access to police
department records, data and reports.
Rules and Records
• Rules and records are to be developed by the Commission, in consultation with
the Independent Oversight Director and City Manager.
Differences between 10/18 Draft and 11/1 Final Version
At the October 18 meeting, the City Attorney received direction from a majority of the
City Council to make the following changes to the draft ordinance presented at the
October 18 meeting and return to the City Council with a final ordinance incorporating
those changes. The ordinance (Exhibit 1) and ordinance summary above reflect those
changes, and the changes are highlighted below:
•Qualifications of Commissioners (sec. 2-662):
o Allow peace officers who have been separated from their governmental
entity/employer for at least five years to serve on the Commission.
▪Allow no more than one peace officer at a time to serve on the
Commission.
o Remove the prohibition on government employees.
•Various: Add “subject to…” Language
o Sec. 2-665(e), (f), (l), Sec. 2-666(d), Sec. 2-668, and Sec. 2-669: Add
“subject to the restrictions under state laws”
•Powers and Duties of the Police Oversight Commission (sec. 2-665)
o Of the menu items presented at the October 18 meeting, select the first
subsection (b).
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o Authorize the Commission to receive, hear, and review misconduct
complaints.
o Allow receipt of anonymous complaints.
o Allow complaints to be filed/submitted within 180 days of the alleged
misconduct by a Santa Ana Police Officer or within one year from
person(s) who are incapacitated due to health and/or who have been
incarcerated (provided that sufficient proof is provided of such
incapacitation and/or incarceration).
o Authorize the Commission to make disciplinary recommendations to the
Police Chief and/or the City Manager when misconduct is sustained.
▪All discipline ultimately imposed on any peace officer must comply
with all federal, state and local laws.
o Adds that complaints, tort claims, or lawsuits can be received, regardless
of where or how it is filed.
•Access to Police Department Records, Data, and Reports (sec. 2-668)
o Authorize the Commission and Independent Oversight Director to have
access to all police department records, subject to all federal, state, and
local laws.
o Require all data legally disclosed to the California Department of Justice
and/or any other federal or state law enforcement agency be concurrently
provided to the Commission and the Independent Oversight Director.
Next Steps
If the first reading of the ordinance is approved, the ordinance will return for a second
reading and adoption at the November 15 meeting. If approved at the November 15
meeting, the ordinance will become effective 30 days thereafter.
Staff has begun negotiations with the National Association for Civilian Oversight of Law
Enforcement (“NACOLE”) to engage them by means of a professional services
agreement to assist with preparation of an implementation plan, implementation, and
training relating to the Police Oversight Commission. Staff will return to the City Council
at a subsequent meeting with details relating to the implementation plan.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
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).
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EXHIBIT(S)
1. Ordinance
Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
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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 en sure the
people who conduct investigations have the requisite expertise, establish the credibility
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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 7 00, 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 SANTA ANA 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, provide for an Independent Oversight Director to assist in reviewing
the police complaint process, and provide a forum to review, evaluate and make
recommendations about police and public safety.
Sec. 2-661. Police Oversight Commission Membership and Term.
The Commission shall consist of seven (7) members to be appointed by the city
council from the residents of the city.
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
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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, aud iting, 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.
(c) 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.
(d) Practicing attorneys who handle, or are members of firms or entities that currently
handle, criminal or civil matters involving the Santa Ana Police Department are ineligible
to serve on the Commission.
(e) Criminal convictions or immigration status shall not be considered or used as a basis
to disqualify an applicant from serving on the Commission. (OPTIONAL AS
REQUESTED BY THE SANTA ANA POLICE DEPARTMENT: ADD “In order to comply
with the legal statute of confidentiality of police records, as set forth by the California
Department of Justice, limited records checks will be required of Commissoners.”)
Sec. 2-663. – Commissioner confidentiality and training.
(a) Prior to attending their first Commission meeting, each Commissioner shall take an
oath and execute a confidentiality agreement stating that they will not divulge or
disseminate confidential information, including identities of witnesses and contents of
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:
1. Participate in a ride-along with the Santa Ana Police Department and every six
(6) months thereafter; and
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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 contract s, 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 shall attend all regular and special
meetings of the Commission and provide regular staff support to the Commission.
Sec. 2-665. - Powers and duties of the Police Oversight Commission.
To effectuate its purpose, the Commission shall:
(a) 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. Within thirty (30) days after
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:
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(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
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(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 Governm ent
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 Ana Police Department’s
policies and procedures.
(f) The Independent Oversight Director shall review and investigate timely filed/submitted
complaints as soon as possible. Pursuant to Santa Ana City Charter Section 1100, the
City Council hereby authorizes the Independent Oversight Director to subpoena
witnesses for their independent investigation. At the conclusion of the investigation, the
Indepdent Oversight Director shall submit a report with findings and recommendations,
either orally or in writing, to the Commission.
(1) Upon receipt of the Independent Oversight Director’s report, the Commission may:
(i) Direct the Independent Oversight Director to investigate the complaint further;
(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 Department’s 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 Police
Department’s policies and procedures.
(g) Authorize the Independent Oversight Director to audit complaint files and review
policies to ensure best practices are implemented.
(h) Advise the Mayor, City Council, City Manager and Police Chief on community relations
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
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Association, and provide suggestions and recommendations concerning negotiations to
the City Manager and the City Council.
(j) 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 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.
(l) Perform such other duties as requested by the City Council. All staff work 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 Santa Ana Police Department’s policies
and procedures.
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
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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 member and 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 Comm ission within
thirty (30) days.
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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, t he 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
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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.
Sec. 2-670. Severability.
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.
(g) Youth commission. One (1) meeting per month, three (3) special meetings
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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:
Sonia Carvalho, City Attorney
___________________________
By: Tamara Bogosian
Senior Assistant City Attorney
AYES: Councilmembers:
NOES: Councilmembers:
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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