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HomeMy WebLinkAboutItem 32 - Councilmember Requested Item Law Enforcement IdentificationCITY ATTORNEY Sonia R. Carvalho CITY MANAGER Alvaro Nuñez CITY CLERK Jennifer L. Hall 20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org Councilmember-Requested Item Report DATE July 1, 2025 TOPIC Law Enforcement Masks COUNCILMEMBER-REQUESTED ITEM TITLE Discuss and Consider Directing the City Manager, City Clerk, and City Attorney to Direct Staff to Prepare an Ordinance Requiring all Law Enforcement Officers Operating in Santa Ana to Wear Clearly Visible Identification (Name or Badge Number) and Prohibit Face Coverings that Obscure Identity During Public Interactions and Resolutions Supporting SB 627 and SB 805. DISCUSSION Recent protests and immigration enforcement actions involving masked and unidentified officers have heightened public concern over police transparency and accountability. The presence of unidentified “law enforcement” erodes public trust and can lead to confusion, fear, and impersonation. These incidents raise concerns not only about accountability but also about the chilling effect on civic participation, particularly during peaceful protests or immigration-related enforcement. Relevant State Legislation • SB 627 (Wiener & Arreguín): As proposed, this bill prohibits law enforcement officers from covering their faces (with exceptions for health/safety) and requires identifiable uniforms. The bill was inspired by reports of federal ICE agents in California conducting operations while masked and refusing to identify themselves. • SB 805 (Pérez): As proposed, this bill requires officers in California to display a name or badge number and prohibits impersonation, targeting incidents involving people impersonating immigration officers or law enforcement. Federal Context The National Defense Authorization Act (2021) mandates that federal law enforcement officers responding to civil disturbances display name or ID and agency affiliation. This provision followed public outcry over masked federal agents operating without identification in Washington D.C. and Portland. CITY ATTORNEY Sonia R. Carvalho CITY MANAGER Alvaro Nuñez CITY CLERK Jennifer L. Hall 20 CIVIC CENTER PLAZA - P.O. BOX 1988, M31 - SANTA ANA, CALIFORNIA 92702 TELEPHONE (714) 647-6900 - FAX (714) 647-6954 - www.santa-ana.org Local Precedents • Seattle (2020): Passed an ordinance requiring name tags and prohibiting covering badge numbers. Officers must also verbally identify themselves upon request. • New York City (2020): Officers must wear badge numbers and rank at all times. A private right of action exists for willful concealment. • D.C. (2023): Mandated high-visibility identification for all law enforcement at First Amendment assemblies and clear agency markings on uniforms. These efforts underscore a growing demand for visible, identifiable, and accountable policing in public spaces. Legal Considerations Under California Constitution Art. XI, Sec. 7, local governments, such as the City of Santa Ana, may legislate on matters of public safety, health, and welfare within its jurisdiction. While local ordinances cannot obstruct federal officers from performing lawful duties, they can regulate City-employed and contracted officers, set transparency expectations, and condition inter-agency cooperation on compliance with local standards. Courts generally uphold visibility and identification requirements for law enforcement as reasonable and related to compelling government interests, such as protecting civil liberties and promoting accountability. Recommendation Adopt an ordinance requiring the following: • All law enforcement officers in Santa Ana to wear clearly visible identification (name or badge number) on their outermost garment while on duty o This includes while responding to peaceful protests by residents exercising their First Amendment rights. • Face coverings are prohibited unless required for: o Medical necessity (e.g., N95 masks, pandemic precautions) o Wildfire-related air quality emergencies o Active tactical operations where physical harm protection is necessary (e.g., SWAT responses) • Uniforms must clearly display the name of the officer's law enforcement agency. This ordinance should apply to all law enforcement officers and agents (including local, state, and federal) while operating in public within Santa Ana city limits, including those working through mutual aid agreements or federal task forces. The ordinance would also serve to affirm the Santa Ana City Council’s commitment to upholding the rule of law, as well as to protecting all of our residents, regardless of their immigration status. SUBMITTED BY Councilmember Jessie Lopez