HomeMy WebLinkAboutItem 15 - Police Oversight Commission Ordinance Amendment
City Manager’s Office
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Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 15, 2025
TOPIC: Police Oversight Commission Ordinance Amendment
AGENDA TITLE
Ordinance Amending Article IV to Chapter 2 of the Santa Ana Municipal Code Police
Oversight Commission to Align with State Law, Enhance Transparency, and Improve
Operational Efficiency and Best Practices in Law Enforcement Accountability
RECOMMENDED ACTION
Conduct a first reading of an ordinance amending Article IV to Chapter 2 of the Santa Ana
Municipal Code Police Oversight Commission to align with state law, enhance
transparency, and improve operational efficiency and best practices in law enforcement
accountability.
ORDINANCE NO. NS-XXXX entitled AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING SECTIONS 2-660-2-669 OF CHAPTER 2
(ADMINISTRATION), ARTICLE IV, DIVISION 16 OF THE SANTA ANA MUNICIPAL
CODE ESTABLISHING A POLICE OVERSIGHT COMMISSION
DISCUSSION
City Council established the Police Oversight Commission to serve as an independent
body that reviews and analyzes critical issues related to policing practices. As the
Commission has become operational, the City has identified areas within the ordinance
that require changes to strengthen the Commission’s structure, comply with state legal
requirements, and support a more effective and transparent oversight process.
The proposed amendments are the result of a thorough review and collaboration among
City staff from the City Manager’s Office, City Attorney’s Office, Police Department, and
Police Oversight Ad Hoc Committee members comprised of Mayor Amezcua, Mayor Pro
Tem Vazquez, and Councilmember Bacerra.
Background
On November 15, 2022, the City Council adopted an ordinance establishing a Police
Oversight Commission. The purpose of the Police Oversight Commission is to enhance
transparency, increase accountability of and public confidence in the Santa Ana Police
Department (SAPD), and provide for an Independent Oversight Director to provide the
Chief of Police, City Manager, and City Council independent investigations of, analysis,
Ordinance Amending Article IV to Chapter 2 of the Santa Ana Municipal Code Police
Oversight Commission.
July 1, 2025
Page 2
and recommendations on police practices, police misconduct, officer involved shootings,
and other serious uses of force.
July 18, 2023
The City Council received an informational report providing an update on the
implementation of the Commission, including the status of Commissioner appointments,
the ongoing recruitment process for the Independent Oversight Director, and the
anticipated timeline for convening the Commission's inaugural meeting.
October 6, 2023
The six appointed members of the Police Oversight Commission held their first official
meeting, marking the operational launch of the Commission. Since that time, the
Commission has met regularly and its members have completed the training
requirements as outlined in the Ordinance.
April 4, 2025
Implementation of the existing ordinance revealed a conflict with the Public Safety
Officers Procedural Bill of Rights Act (California Government Code Sections 3300–3313),
prompting the need for a comprehensive review. In response, the Police Oversight Ad
Hoc Committee convened to evaluate the ordinance and recommend appropriate
amendments to ensure legal compliance and effective oversight.
The proposed ordinance amendments address the following key areas:
Alignment with State Law:
Recommended language changes were made to ensure the Ordinance complies with
state laws regarding police transparency, personnel records, confidentiality, and civilian
oversight. Exhibit 2 provides the relevant federal and state laws, including provisions
from the Government Code 3300-3313, Penal Codes 832.5, 832.7, 832.8, and Evidence
Code 1040-1047, which are referenced in the ordinance.
Clarification of Roles and Responsibilities:
Recommended language updates clarify the distinct roles and responsibilities of the
Police Oversight Commission, City staff, and the Santa Ana Police Department’s
Internal Affairs Division. These changes are intended to prevent duplication of efforts
and promote consistent procedures in compliance with state law.
Santa Ana operates under a City Manager form of government, as established by the
City Charter. The original language of the ordinance granted the Independent Police
Oversight Director authority that conflicted with the City Manager's administrative
oversight responsibilities and has been revised. The amended language now affirms the
Ordinance Amending Article IV to Chapter 2 of the Santa Ana Municipal Code Police
Oversight Commission.
July 1, 2025
Page 3
Oversight Director’s advisory and independent role, while maintaining alignment with
the City Manager’s executive authority as defined by the Charter.
Complaint Review Process:
Language has been revised to define the scope of the Commission’s authority in
reviewing complaints, particularly in cases involving ongoing investigations,
confidentiality protections, or legal restrictions, in compliance with state law.
Training and Orientation Requirements:
The amendments include expanded classroom and hands-on training for
commissioners covering key areas of police operations, such as Patrol, Investigations,
K9, SWAT, Training, Communications, and other core functions. This change was
recommended by the Ad Hoc Committee, which identified a need to ensure that
commissioners have a solid understanding of SAPD practices in order to effectively
provide the necessary oversight of police policies and provide educated
recommendations with an improved understanding.
Confidentiality Provisions:
Enhancements to the confidentiality section are included to safeguard sensitive
information while maintaining the Commission’s transparency objectives within legal
limits, in adherence with state law parameters, and Public Safety Officers Procedural
Bill of Rights Act, further enhancing the City’s capabilities to sustain any possible legal
challenges.
Next Steps
If the first reading of the ordinance is approved, the ordinance will return for a second
reading and adoption at the July 15, 2025 City Council meeting. If approved, the
ordinance will become effective 30 days thereafter.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1.Ordinance (redline for first reading)
2.Government Code 3300-3313, Penal Codes 832.5, 832.7, 832.8, and Evidence
Code 1040-1047
Submitted By: Sylvia Vazquez, Deputy City Manager
Approved By: Alvaro Nuñez, City Manager
ORDINANCE NO. NS-XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA AMENDING SECTIONS 2-660-2-669 OF
CHAPTER 2 (ADMINISTRATION), ARTICLE IV, DIVISION
16 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING
A POLICE OVERSIGHT COMMISSION
THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. On November 15, 2022, the City Council adopted an Ordinance establishing a
Police Oversight Commission. The purpose of the Police Oversight Commission
is to enhance transparency, increase accountability of and public confidence in
the Santa Ana Police Department and provide for an 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.
B. On October 6, 2023, the six appointed members of the Police Oversight
Commission held their first official meeting, marking the operational launch of the
Commission. Since that time, the Commission has met regularly and its
members have completed the training requirements as outlined in the Ordinance.
C. The subsequent implementation of the existing ordinance revealed operational
and procedural challenges prompting the need for a comprehensive review of the
Ordinance. In response, the Police Oversight Ad Hoc Committee convened to
evaluate the current Ordinance and consider amendments.
D. The proposed amendments reflect collaboration from the Ad Hoc Committee,
legal counsel, City staff, and personnel from the Santa Ana Police Department.
E. The objective of these amendments to the existing Police Oversight Commission
Ordinance is to enhance transparency and consistency of the Ordinance,
strengthen the CommissionÓs operational effectiveness and ensure full
compliance with applicable state laws.
Section 2. The City Council finds and determines that this ordinance is not
subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and
Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines, the adoption of this
Ordinance is exempt from CEQA review because it will not result in a direct or reasonably
foreseeable indirect physical change in the environment, as there is no possibility it will
Ordinance No. NS-XXX
Page 1 of 14
have a significant effect on the environment and it is not a "project", as defined in Section
15378 of the CEQA Guidelines.
Section 3. The Santa Ana City Council hereby amends Sections 2-660-2-669 of
Chapter2, Article IV, Division 16 of the Santa Ana Municipal Code as follows (new
language is underlined and deleted language is stricken):
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 to provide for an Independenta Police Oversight Director. The
purpose of the Commission is to act through the IndependentPolice Oversight Director,
independent of the police department, to provide the Chief of Police,City Council, and
City Manager, and City Council independent investigationsa review of, analysis, and
recommendations on police practices, police misconduct, officer-involved shootings,
and other serious uses of force.
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.City Council, who meet the qualifications set forth
in Section 2-662 of this ordinance.
The city councilCity Council shall strive to appoint members who are fair and
impartial, and who represent diverse social, economic, and politicalcommunity interests.
The city councilCity Council shall consider the career and life experiences of
Commission applicants and appoint those 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 applicantsCommissioners 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 City Clerk of the Council shall prepare application forms requiring
applicantsprospective members 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
Ordinance No. NS-XXX
Page 2 of 14
officer" as used herein shall have the same meaning and definition as set forth in
California Penal Code sectionSection 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) The appointment, removal, vacancies and term of Commissioners shall comply
with SAMC 2-326.
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. Failure to comply with the
terms of the confidentiality agreement shall result in removal from the Commission
and/or other legal consequences in a CommissionerÓs individual capacity, including
but not limited to criminal and/or civil penalties. Removal of a Commissioner shall
comply with SAMC Section 2-326.
(b) No later than ninety (90) days after appointment, each member shall:
(1.) Receive training in relevant subject matters, including, but not limited to, the
Police Department's operations, policies, practices, procedures related to the
following: internal affairsInternal 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 IndependentPolice Oversight Director.
2. All training shall Training should be predominantly obtained from
independentSanta Ana Police Department personnel, third-party bodies or
institutions that have experience with internal affairs ofInternal Affairs
investigations within police departments and civilian review investigations and
audits.
3.(2) 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., 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.
Ordinance No. NS-XXX
Page 3 of 14
(c) Members of the Commission, may, but are not required to, participate in
(3) Participate in a ride-along with the Santa Ana Police Department. The Chief
of Police shall facilitate a ride-along consisting of a minimum of 8 hours of field-
based patrol operations. Current Commissioners shall participate in this ride-
along within 90-days from the effective date of this ordinance.
( (c) Members of the Commission are required to attend and complete at minimum the
following Santa Ana Police Academy Program courses: Communications, Patrol
Operations, Santa Ana Jail, Crime Scene Investigations, Investigations/Internal
Affairs, Air Support/Traffic Stops/Motor Officers/Directed Patrol, Use of Force,
Homicide/Gangs/SWAT, within 18 months of appointment and/or the first available
offering of the Program. Current Commissioners shall participate in this Community
Academy within 18 months from the effective date of this ordinance. These classes
are subject to change at the discretion of the City Manager.
(d) Failure to comply with subsections (b) and (c) shall result in the memberÓs removal
from the Commission by the appointing Council Member.
Sec. 2-664. Meetings.
The Commission shall hold its first meeting when there are a sufficient numbermeet
the second Thursday of appointed each month with a majority of Commissioners to
constitute a quorum. At such meeting, the Commission shall fix starting at 5pm at a
location designated by the time and place of regularly scheduled meetings which shall
not meet less than once each monthCity Manager. The City Manager or their designee
shall attend all regular and special meetings of the Commission and provide regular
staff support to the Commission. The Police Chief or their designee shall also attend
such meetings as requested by the Commission.
( If a Commissioner wishes to propose an item for placement on a future Meeting
Agenda, the Commissioner shall prepare a written memorandum describing the
proposed item and, after consulting with the Police Oversight Director and the City
Manager, submit it to the City Manager. The memorandum shall be included for
consideration at a regular meeting as a Commissioner requested item. The Commission
may, by a majority vote of its members present, direct that the proposed item be added
to the agenda for a future meeting. The City Manager or their designee also has the
discretion for placing items on the Meeting Agenda.
Sec. 2-665. Powers and duties of the police oversight commissionPolice
Oversight Commission.
To effectuate its purpose, the Commission shall:
(a) Review, evaluate and make recommendations to the Chief of Police and City
CouncilManager 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 or designee shall submit a response to
the Commission. If the Commission is dissatisfied with the response, the
Ordinance No. NS-XXX
Page 4 of 14
Commission may submit its recommendations to the City Council. The City
Manager may extend for an additional thirty (30) days the time periodsperiod 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:
(1) Tort Claims;
(2) Lawsuits;
(3) Complaints made against on-duty Santa Ana Police Officers which allege
Santa Ana Police Officers have engaged in the following conduct:
(1) only when the Internal Affairs Investigation is completed and the complaint
alleges: (i) 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) (ii) uses of force that result in great bodily injury of a person;
(4) (4) Complaints made against Santa Ana Police Officers only when the
Internal Affairs Investigation is completed with sustained findings for the
following conduct: (i) prejudice or discrimination involving a protected
class;
(5) (ii) dishonesty;
(6) (iii) sexual assault;
(7) (iv) unlawful arrest or unlawful search;
(8) (v) unreasonable or excessive force;
(9) or (vi) failure to intervene against another officer using force that is clearly
unreasonable/excessive; or.
(10(c) Receive, hear, and review the following two categories:
(1) In-custody deaths;
(2) unlawful activities/conduct that interferes with First Amendment
assemblies.
(c) All complaints to(d) Allegations of misconduct not specifically enumerated
in subparagraphs (b) and (c) shall not be heard or reviewed by the
Commission must be, but shall be forwarded to the Chief of Police or designee
within five (5) days of receipt by the Commission.
(e) Review complaints submitted in writing on forms supplied by the Department
or, the Commission, or submitted to the online portal. Anonymous complaints
will be accepted. However, anonymity may limit the ability to thoroughly
investigate and address the complaint. The Commission will not be authorized
to retroactively conductCommissionÓs authority to review previously completed
investigations of complaints.will comply with Penal Code Sections 832.5, 832.7
and 832.8.
Ordinance No. NS-XXX
Page 5 of 14
(1) A copy of each complaint, tort claim, and/or lawsuit that alleges
misconduct as set forth in sectionSection 2-665(b), regardless of where or
how it is filed or) and (c) submitted to the Commission, shall immediately
be forwarded to the members of the Commission, the IndependentPolice
Oversight Director, the City Manager, and the Chief of Police.
(2) No complaint shall be accepted, or reviewed, or investigated by the
Commission or the IndependentPolice Oversight Director if it is not
filed/submitted within one (1) year after the alleged misconduct by a Santa
Ana Police Officer.
(3) All Commission discussions with the IndependentPolice 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 and shall be deemed
confidential.
(df) Receive and discuss reports from the IndependentPolice Oversight Director on
all incidents involving the following types of alleged misconduct by Santa Ana
Police Officers: only when the complaint alleges:
(1) officer 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 Uses of force that result in great bodily injury of a person;.
(4) (3) Complaints made against Santa Ana Police Officers only when the
Internal Affairs Investigation is completed with sustained findings for the
following conduct: (i) prejudice or discrimination involving a protected
class;
(5) (ii) dishonesty;
(6) (iii) sexual assault;
(7) (iv) unlawful arrest or unlawful search;
(8) (v) unreasonable or excessive force;
(9) or (vi) failure to intervene against another officer using force that is clearly
unreasonable/excessive; or.
(10) (4) In-custody deaths and unlawful activities/conduct that interferes
with First Amendment assemblies.
(eg) Direct the IndependentPolice Oversight Director to independently review and
investigate, analyze and make recommendations regarding citizen complaints,
tort claims, or lawsuits alleging the types of police misconduct as identified in
sectionSection 2-665(b) or when the City Council provides authorizationand
(c), unless there is pending Internal Affairs investigation at which time the
Commission may, in Closed Session, review those misconduct complaints
Ordinance No. NS-XXX
Page 6 of 14
when the Internal Affairs investigation is completed 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
Ana Police Department's policies and procedures.
(f) The Independent h) Authorize the Police Oversight Director shall review
and investigate timely filed/submitted complaints as soon as possible. Pursuant
to Santa Ana City Charter audit completed Internal Affairs files involving
misconduct for the categories outlined in Section 1100, the City Council hereby
authorizes the Independent Oversight Director to subpoena witnesses,
administer oaths and compel the production of evidence for their independent
investigation. At the conclusion of the investigation, the Independent 2-665(b)
and (c). The Police Oversight Director shall submit aaudit findings to the City
Manager within thirty (30) days who will then provide it to the Commission
within thirty (30) days.
(i) Advise the Mayor, City Council, City Manager and Police Chief on community
relation issues involving the Police Department.
(j) Prepare and submit an annual report with findings to the City Council
concerning the Commission's activities, and recommendations, orally and 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 Independent
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 . The annual
report shall align with 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 and 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,
Ordinance No. NS-XXX
Page 7 of 14
and theSanta Ana Police Department's policies and procedures.
Unless extended by the Commission, within sixty (60) days after
receiving such recommendations, the Police Chief 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 to submit their responses to the
Commission by giving the Commission written notice of such
extension.
(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 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 ; and include, at a minimum, the following:
(1) The number of investigations initiatedInternal Affairs investigation
reviews conducted during the annual reporting period and data
summarizing the nature of the alleged or actual underlying conduct;
(2) The number of investigations concludedInternal Affairs investigation
reviews conducted during the reporting period, and, of those
investigationsreviews, the number that took more than six (6) months to
conclude and data summarizing the nature of the alleged or actual
underlying conduct;
(3) The number of Internal Affairs investigations pending as of the end of
the reporting period and data summarizing the nature of the alleged or
actual underlying conduct;
(4) 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;
Ordinance No. NS-XXX
Page 8 of 14
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;;
(5) 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.
(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.
(m(k) References to Santa Ana Police Department's policies and procedures in
this Division shall mean all current policies and procedures in place that apply
to administrative/internal affairs investigations.Administrative/Internal Affairs
Investigations. Those policies and procedures shall not be amended in any
way that may conflict with this article, unless otherwise required by law.
Sec. 2-666. Appointment and role of an independent oversight director.
(a) The City Council does hereby authorize the appointment of an
Independent Police Oversight Director, pursuant to City Charter Section
1100 and in accordance with this Section 1100.
(a) The City Manager shall appoint the IndependentPolice Oversight Director.
subject to confirmation by the City Council. The IndependentPolice Oversight
Director mayshall be engaged through a professional services agreement or
may be hired as an exempt at-will City employee who willand shall serve at the
will and pleasure of the City Council and will be subject to removal by majority
vote of the City Council. Manager.
(b) In addition to regular staff support provided to the Commission, the
Independent(b) The Police 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 allegations of on-duty Santa Ana Police Officers
who have engaged in the following conduct:
(1) officer-involved shootings-discharge of a firearm at a person by a Santa Ana
peace officer that results in death;
Ordinance No. NS-XXX
Page 9 of 14
(2) in-custody deaths;
(3) uses of force that resulted 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.
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(c) The Police Oversight Director shall review and
refer to the Chief of Police or its designee timely filed/submitted complaints
for the Chief of Police to review and initiate an Internal Affairs investigation. In
the event there is a pending Internal Affairs Investigation of police misconduct
for the categories outlined in Section 2-665(b) and (c), the Internal Affairs
investigation shall take priority pursuant to Government Code Section
3304(d)(1) \[within one year of the public agencyÓs discovery by a person
authorized to initiate an investigation of the allegation of an act, omission, or
other misconduct.\] Prior to the final determination by the Chief of Police, the
Internal Affairs investigation shall be forwarded to the Police Oversight Director
for review, analysis and recommendation to the Commission. Within 45
calendar days from the receipt and at the conclusion of the review by the
Commission, the Police Oversight Director shall submit a report with the
CommissionÓs recommendations to the Chief of Police. The Chief of Police
shall make best efforts to wait for recommendation(s) from the Commission
prior to rendering a final decision, unless doing so would compromise the
statute of limitations as set forth in Government Code 3304(d).
(d) No review of completed Internal Affairs 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.
Ordinance No. NS-XXX
Page 10 of 14
(de) The IndependentPolice Oversight Director shall conduct all audits and
investigationsreviews 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
IndependentPolice Oversight Director shall prepare a written report of each
reviewed 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 recordrecords of the
investigationinvestigations for the categories of specified conduct outlined in
Section 2-665(b) and (c) shall be posted on the publicCityÓs website for the
Commission within thirty (30) days. All disclosures. Disclosures of
investigations conductedreviewed by the IndependentPolice 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 IndependentPolice Oversight Director may discuss
findingsconclusions 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 (3) applicants to interview for
the role of Oversight Director. The Commission shall be permitted the opportunity to
review the top three (3) 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 councilCity 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
IndependentPolice 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
IndependentPolice Oversight Director shall have complete and prompt access to all
relevant 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 incidentcategories of oversight as set forth in Section
2-665(b) and (c), to assist the Commission and the IndependentPolice 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
Codebut not limited to, Government Code Section 3303, et seq., Penal Code Sections
Ordinance No. NS-XXX
Page 11 of 14
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,
Santa Ana Police Department's policies and procedures, 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 IndependentPolice 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 IndependentPolice Oversight Director.
Any information that is confidential and prohibited from disclosure shall be redacted.
Sec. 2-669. Rules and records.
The for Conducting Commission shall, in consultationBusiness.
The City Manager will consult with the IndependentPolice Oversight Director and
the City Manager, to develop rules for the transaction of business of theconducting
Commission, which rules shall, among other things, include the manner of calling and
giving notice of special 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. business. The city councilCity
Manager shall adopt the rules for the transaction of business of the Commission. The
Commission shall also keep records ofmaintain its resolutions, rules, transactions,
motions, orders, findings, and recommendations and determinations. Except , except for
those items made confidential by California Penal Code Sections 832.5, 832.7 and
832.8, Evidence Code Sections 1043-1046 or by any other applicable privileges under
the law, the records. The resolutions, rules, transactions, motions, and
recommendations 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. Any
information contained therein that is confidential and prohibited from disclosure under
any other applicable law shall be redacted.
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. 2-671Ï2-699 Reserved.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana hereby declares that
Ordinance No. NS-XXX
Page 12 of 14
it would have adopted this ordinance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 5. This ordinance shall become effective thirty (30) days after its adoption.
Section 6. The Clerk of the Council shall certify the adoption of this ordinance and
shall cause the same to be published as required by law.
ADOPTED this _______ day of ___________, 2025.
_________________________
Valeria Amezcua
Mayor
APPROVED AS TO FORM
Sonia R. Carvalho, City Attorney
By:
_________________________
Jonathan Martinez
Assistant City Attorney
AYES: Councilmembers: _________________________________
NOES:Councilmembers: _________________________________
ABSTAIN: Councilmembers: _________________________________
NOT PRESENT: Councilmembers: _________________________________
o. NS-XXX
Ordinance N
Page 13 of 14
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, ______________, City Clerk, do hereby attest to and certify that the attached
Ordinance No. NS-______ 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: ______________________ ________________________________
City Clerk
City of Santa Ana
Ordinance No. NS-XXX
Page 14 of 14
State of California
GOVERNMENTCODE
Section3300
3300.ThischapterisknownandmaybecitedasthePublicSafetyOfficersProcedural
Bill of Rights Act.
(Added by Stats. 1976, Ch. 465.)
Government Code -GOV
TITLE 1. GENERAL \[100 -7931.000\] ( Title 1 enacted by Stats. 1943, Ch. 134. )
DIVISION 4. PUBLIC OFFICERS AND EMPLOYEES \[1000 -3599.84\] ( Division 4 enacted by
Stats. 1943, Ch. 134. )
CHAPTER 9.7. Public Safety Officers \[3300 -3313\] ( Chapter 9.7 added by Stats. 1976, Ch. 465. )
3300. This chapter is known and may be cited as the Public Safety Officers Procedural Bill of Rights
Act.
(Added by Stats. 1976, Ch. 465.)
3301. For purposes of this chapter, the term public safety officer means all peace officers specified in
Sections 830.1, 830.2, 830.3, 830.31, 830.32, 830.33, except subdivision (e), 830.34, 830.35, except
subdivision (c), 830.36, 830.37, 830.38,830.4, and 830.5 of the Penal Code.
The Legislature hereby finds and declares that the rights and protections provided to peace officers
under this chapter constitute a matter of statewide concern. The Legislature further finds and declares
that effectivelaw enforcement depends upon the maintenance of stable employer-employee relations,
between public safety employees and their employers. In order to assure that stable relations are
continued throughout the state and to further assure that effective services are provided to all people of
the state, it is necessary that this chapter be applicable to all public safety officers, as defined in this
section, wherever situated within the State of California.
(Amended by Stats. 1990, Ch. 675, Sec. 1.)
3302. (a) Except as otherwise provided by law, or whenever on duty or in uniform, no public safety
officer shall be prohibited from engaging, or be coerced or required to engage, in political activity.
(b) No public safety officer shall be prohibited fromseeking election to, or serving as a member of, the
governing board of a school district.
(Amended by Stats. 1978, Ch. 1173.)
3303. When any public safety officer is under investigation and subjected to interrogation by his or her
commanding officer, orany other member of the employing public safety department, that could lead
to punitive action, the interrogation shall be conducted under the following conditions. For the purpose
of this chapter, punitive action means any action that may lead to dismissal, demotion, suspension,
reduction in salary, written reprimand, or transfer for purposes of punishment.
(a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the public
safety officer is on duty, or during the normal waking hours for the public safety officer, unless the
seriousness of the investigation requires otherwise. If the interrogation does occur during off-duty time
of the public safety officer being interrogated, the public safety officer shall be compensated for any
off-duty time in accordance with regular department procedures, and the public safety officer shall not
be released from employment for any work missed.
(b) The public safety officer under investigation shall be informed prior to the interrogation of the rank,
name, and command of the officer in charge of the interrogation, the interrogating officers, and all other
persons to be present during the interrogation. All questions directed to the public safety officer under
interrogation shall be asked byand through no more than two interrogators at one time.
(c) The public safety officer under investigation shall be informed of the nature of the investigation
prior to any interrogation.
(d) The interrogating session shall be for a reasonable period taking into consideration gravity and
complexity of the issue being investigated. The person under interrogation shall be allowed to attend to
his or her own personal physical necessities.
(e) The public safety officer under interrogation shall not be subjectedto offensive language or
threatened with punitive action, except that an officer refusing to respond to questions or submit to
interrogations shall be informed that failure to answer questions directly related to the investigation or
interrogation may result in punitive action. No promise of reward shall be made as an inducement to
answering any question. The employer shall not cause the public safety officer under interrogation to be
subjected to visits by the press or news media without his or her express consent nor shall his or her
home address or photograph be given to the press or news media without his or her express consent.
(f) No statement made during interrogation by a public safety officer under duress, coercion, or threat
of punitive action shall be admissible in any subsequent civil proceeding. This subdivision is subject to
the following qualifications:
(1) This subdivision shall not limit the use of statements made by a public safety officer when the
employing public safety department is seeking civil sanctions against any public safety officer,
including disciplinary action brought under Section 19572.
(2) This subdivision shall not prevent the admissibility of statements made by the public safety officer
under interrogation in any civil action, including administrative actions, brought by that public safety
(3) This subdivision shall not prevent statements made by a public safety officer under interrogation
from being used to impeach the testimony of that officer after an in camera review to determine
whether the statements serve to impeach the testimony of the officer.
(4) This subdivision shall not otherwise prevent the admissibility of statements made by a public safety
officer under interrogation if that officer subsequently is deceased.
(g) The complete interrogation of a public safety officer may be recorded. If a tape recording is made of
the interrogation, the public safety officer shall have access to the tape if any further proceedings are
contemplated or prior to any further interrogation at a subsequent time. The public safety officer shall
be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints
made by investigators or other persons, except those which are deemed by the investigating agency to
personnel file. The public safety officer being interrogated shall have the right to bring his or her own
recording device and record any and all aspects of the interrogation.
(h) If prior to or during the interrogation of a public safety officer it is deemed that he or she may be
charged with a criminal offense, he or she shall be immediately informed of his or her constitutional
rights.
(i) Upon the filing of a formal written statement of charges, or whenever an interrogation focuses on
matters that are likely to result in punitive action against any public safety officer, that officer, at his or
her request, shall have the right to be represented by a representative of his or her choice who may be
present at all times during the interrogation. The representative shall not be a person subject to the same
investigation. The representative shall not be required to disclose, nor be subject to any punitive action
for refusing to disclose, any information received from the officer under investigation for noncriminal
matters.
This section shall not apply to any interrogation of a public safety officer in the normal course of duty,
counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact
with, a supervisor or any other public safety officer, nor shall this section apply toan investigation
concerned solely and directly with alleged criminal activities.
(j) No public safety officer shall be loaned or temporarily reassigned to a location or duty assignment if
a sworn member of his or her department would not normally be sent to that location or would not
normally be given that duty assignment under similar circumstances.
(Amended by Stats. 1994, Ch. 1259, Sec. 1. Effective January 1, 1995.)
3304. (a) No public safety officer shall be subjected to punitive action, or denied promotion, or be
threatened with any such treatment, because of the lawful exercise of the rights granted under this
chapter, or the exercise of any rights under any existing administrative grievance procedure.
Nothing in this section shall preclude a head of an agency from ordering a public safety officer to
cooperate with other agencies involved in criminal investigations. If an officer fails to comply with
such an order, the agency may officially charge him or her with insubordination.
(b) No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any
public agency against any public safety officer who has successfully completed the probationary period
that may be required by his or her employing agency without providing the public safety officer with an
opportunity for administrative appeal.
(c) No chief of police may be removed by a public agency, or appointing authority, without providing
the chief of police with written notice and the reason or reasons therefor and an opportunity for
administrative appeal.
For purposes of this subdivision, the removal of a chief of police by a public agency or appointing
authority, for the purpose of implementing the goals or policies, or both, of the public agency or
appointing authority, for reasons including, but not limited to, incompatibility of management styles or
Nothing in this subdivision shall be construed to create a property interest, where one does not exist by
rule or law, in the job of Chief of Police.
(d) (1) Except as provided in this subdivision and subdivision (g), no punitive action, nor denial of
promotion on grounds other than merit, shall be undertaken for any act, omission, or other allegation of
misconduct if the investigation of the alle
discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or
other misconduct. This one-year limitation period shall apply only if the act, omission, or other
misconduct occurred on or after January 1, 1998. In the event that the public agency determines that
discipline may be taken, it shall complete its investigation and notify the public safety officer of its
proposed discipline by a Letter of Intentor Notice of Adverse Action articulating the discipline that
year, except as provided in paragraph (2). The public agency shall not be required to impose the
discipline within that one-year period.
(2) (A) If the act, omission, or other allegation of misconduct is also the subject of a criminal
investigation or criminal prosecution, the time during which the criminal investigation or criminal
prosecution is pending shall toll the one-year time period.
(B) If the public safety officer waives the one-year time period in writing, the time period shall be
tolled for the period of time specified in the written waiver.
(C) If the investigation is a multijurisdictional investigation that requires a reasonable extension for
coordination of the involved agencies.
(D) If the investigation involves more than one employee and requires a reasonable extension.
(E) If the investigation involves an employee who is incapacitated or otherwise unavailable.
(F) If the investigation involves a matter in civil litigation where the public safety officer is named as a
party defendant, the one-year time period shall be tolled while that civil action is pending.
(G) If the investigation involves a matter in criminal litigation where the complainant is a criminal
defendant, the one-
investigation and prosecution.
safety officer.
(e) Where a predisciplinary response or grievance procedure is required or utilized, the time for this
response or procedure shall not be governed or limited by this chapter.
(f) If, after investigation and any predisciplinary response or procedure, the public agency decidesto
impose discipline, the public agency shall notify the public safety officer in writing of its decision to
impose discipline, including the date that the discipline will be imposed, within 30 days of its decision,
except if the public safety officer is unavailable for discipline.
(g) Notwithstanding the one-year time period specified in subdivision (d), an investigation may be
reopened against a public safety officer if both of the following circumstances exist:
(1) Significant new evidence has been discovered that is likely to affect the outcome of the
investigation.
(2) One of the following conditions exist:
(A) The evidence could not reasonably have been discovered in the normal course of investigation
without resorting to extraordinary measures by the agency.
(h) For those members listed in subdivision (a) of Section 830.2 of the Penal Code, the 30-day time
period provided for in subdivision (f) shall not commence with the service of a preliminary notice of
adverse action, should the public agency elect to provide the public safety officer with such a notice.
(Amended by Stats. 2009, Ch. 494, Sec. 1. (AB 955) Effective January 1, 2010.)
3304.5. An administrative appeal instituted by a public safety officer under this chapter shall be
conducted in conformance with rules and procedures adopted by the local public agency.
(Added by Stats. 1998, Ch. 263, Sec. 1. Effective January 1, 1999.)
3305. No public safety officer shall have any comment adverse to his interest entered in his personnel
file, or any other file used for any personnel purposes by his employer, without the public safety officer
having first read and signed the instrument containing the adverse comment indicating he is aware of
such comment, except that such entry may be made if after reading suchinstrument the public safety
officer refuses to sign it. Should a public safety officer refuse to sign, that fact shall be noted on that
document, and signed or initialed by such officer.
(Added by Stats. 1976, Ch. 465.)
3305.5. (a) A punitive action, or denial of promotion on grounds other than merit, shall not be
closure
pursuant to Brady v. Maryland (1963) 373 U.S. 83.
(b) This section shall not prohibit a public agency from taking punitive action, denying promotion on
grounds other than merit, or taking other personnel action against a public safety officer basedon the
be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83, if the actions taken by the
public agency otherwise conform to this chapter and to the rules and procedures adopted by the local
agency.
subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83, shall not be introduced for any
purpose in any administrative appeal of a punitive action, except as provided in subdivision (d).
during the administrative appeal of apunitive action against an officer, the underlying act or omission
to some form of punitive action. If the hearing officer or other administrative appeal tribunal finds or
determines that a public safety officer has committed the underlying acts or omissions that will result in
a punitive action, denial of a promotion on grounds other than merit, or any other adverse personnel
action, and evidence exis
otherwise be subject to disclosure pursuant to Brady v. Maryland (1963) 373 U.S. 83, then the evidence
shall be introduced for the sole purpose of determining the type or level of punitive action to be
imposed.
the names of peace officers whose personnel files are likely to contain evidence of dishonesty or bias,
which is maintained by a prosecutorial agency or office in accordance with the holding in Brady v.
Maryland (1963) 373 U.S. 83.
(Added by Stats. 2013, Ch. 779, Sec. 1. (SB 313) Effective January 1, 2014.)
3306. A public safety officer shall have 30 days within which to file a written response to any adverse
comment entered in his personnel file. Such written response shall be attached to, and shall accompany,
the adverse comment.
(Added by Stats. 1976, Ch. 465.)
3306.5. (a) Every employer shall, at reasonable times and at reasonable intervals, upon the request of a
public safety officer, during usual business hours, with no loss of compensation to the officer, permit
qualifications for employment, promotion, additional compensation, or termination or other
disciplinary action.
thereof , and shall make the file or copy thereof available within a reasonable period of time after a
request therefor by the officer.
material is mistakenly or unlawfully placed in the file, the officer may request, in writing, that the
mistaken or unlawful portion be corrected or deleted. Any request made pursuant to this subdivision
shall include a statement by the officer describing the corrections or deletions from the personnel file
requestedand the reasons supporting those corrections or deletions. A statement submitted pursuant to
this subdivision shall become part of the personnel file of the officer.
(d) Within 30 calendar days of receipt of a request made pursuant to subdivision (c), theemployer shall
employer refuses to grant the request, in whole or in part, the employer shall state in writing the reasons
for refusing the request, and that written statement shall become part of the personnel file of the officer.
(Added by Stats. 2000, Ch. 209, Sec. 1. Effective January 1, 2001.)
3307. (a) No public safety officer shall be compelled to submit to a lie detector test against his or her
will. No disciplinary action or other recrimination shall be taken against a public safety officer refusing
or anywhere else that the public safety officer refused to take, or did not take, a lie detector test, nor
shall any testimony or evidence be admissible at a subsequent hearing, trial, or proceeding, judicial or
administrative, to the effect that the public safety officer refused to take, or was subjected to, a lie
detector test.
analyzer, psychological stress evaluator, or any other similar device, whether mechanical or electrical,
that is used, or the results of which are used, for the purpose of rendering a diagnostic opinion
regarding the honesty or dishonesty of an individual.
(Amended by Stats. 1998, Ch. 112, Sec. 1. Effective January 1, 1999.)
3307.5. (a) No public safety officer shall be required as a condition of employment by his or her
employing public safety department or other public agency to consent to the use of his or her
photograph or identity as a public safety officer on the Internet for any purpose if that officer
reasonably believes that the disclosure may result in a threat, harassment, intimidation, or harm to that
officer or his or her family.
(b) Based upon his or her reasonable belief that the disclosure of his or her photograph or identity as a
public safety officer on the Internet as described in subdivision (a) may result in a threat, harassment,
intimidation, or harm, the officer may notify the department or other public agency to cease and desist
from that disclosure. After the notification to cease and desist, the officer, a district attorney, or a
United States Attorney may seek an injunction prohibiting any official or unofficial use by the
department or other public agency on the Internet of his or her photograph or identity as a public safety
officer. The court may impose a civil penalty in an amount not to exceed five hundred dollars ($500)
per day commencing two working days after the date of receipt of the notification to cease and desist.
(Added by Stats. 1999, Ch.338, Sec. 1. Effective January 1, 2000.)
3308. No public safety officer shall be required or requested for purposes of job assignment or other
personnel action to disclose any item of his property, income, assets, source of income, debts or
personal or domestic expenditures (including those of any member of his family or household) unless
such information is obtained or required under state law or proper legal procedure, tends to indicate a
conflict of interest with respect to the performance of his official duties, or is necessary for the
employing agency to ascertain the desirability of assigning the public safety officer to a specialized unit
in which there is a strong possibility that bribes or other improper inducements may be offered.
(Added by Stats. 1976, Ch. 465.)
3309. No public safety officer shall have his locker, or other space for storage that may be assigned to
him searched except in his presence, or with his consent, or unless a valid search warrant has been
obtained or where he has been notified that a search will be conducted. This section shall apply only to
lockers or other space for storage that are owned or leased by the employing agency.
(Added by Stats. 1976, Ch. 465.)
3309.5. (a) It shall be unlawful for any public safety department to deny or refuse to any public safety
officer the rights and protections guaranteed to him or her by this chapter.
(b) Nothing in subdivision (h) of Section 11181 shall be construed to affect the rights and protections
afforded to state public safetyofficers under this chapter or under Section 832.5 of the Penal Code.
(c) The superior court shall have initial jurisdiction over any proceeding brought by any public safety
officer against any public safety department for alleged violations of this chapter.
(d) (1) In any case where the superior court finds that a public safety department has violated any of the
provisions of this chapter, the court shall render appropriate injunctive or other extraordinary relief to
remedy the violation and to prevent future violations of a like or similar nature, including, but not
limited to, the granting of a temporary restraining order, preliminary injunction, or permanent
injunction prohibiting the public safety department from taking any punitive action against the public
safety officer.
(2) If the court finds that a bad faith or frivolous action or a filing for an improper purpose has been
brought pursuant to this chapter, the court may order sanctions against the party filing the action, the
th, pursuant to Sections 128.6 and 128.7 of the Code of Civil Procedure. Those
a public safety department as the court deems appropriate. Nothing in this paragraph is intended to
subject actions or filings under this section to rules or standards that are different from those applicable
to other civil actions or filings subject to Section 128.6 or 128.7 of the Code of Civil Procedure.
(e) In addition to the extraordinary relief afforded by this chapter, upon a finding by a superior court
that a public safety department, its employees, agents, or assigns, with respect to acts taken within the
scope of employment, maliciously violated any provision of this chapter with the intent to injure the
public safety officer, the public safety department shall, for each and every violation, be liable for a
civil penalty not to exceed twenty-five thousand dollars ($25,000) to be awarded to the public safety
officer w
by the court. If the court so finds, and there is sufficient evidence to establish actual damages suffered
by the officer whose right or protection was denied, the public safety department shall also be liable for
the amount of the actual damages. Notwithstanding these provisions, a public safety department may
th
or similar provision that protects the public safety department from liability for the actions of the
contractor. An individual shall not be liable for any act for which a public safety department is liable
under this section.
(Amended by Stats. 2005, Ch. 22, Sec. 70. Effective January 1, 2006.)
3310. Any public agency which has adopted, through action of its governing body or its official
designee, any procedure which at a minimum provides to peace officers the same rights or protections
as provided pursuant to this chapter shall not be subject to this chapter with regard to such a procedure.
(Added by Stats. 1976, Ch. 465.)
3311. Nothing in this chapter shall in any way be construed to limit the use of any public safety agency
or any public safety officer in the fulfilling of mutual aid agreements with other jurisdictions or
agencies, nor shall this chapter be construed in any way to limit any jurisdictional or interagency
cooperation under any circumstances where such activity is deemed necessary or desirable by the
jurisdictions or the agencies involved.
(Amended by Stats. 1977, Ch. 579.)
3312. Notwithstanding any other provision of law, the employer of a public safety officer may not take
any punitive action against an officer for wearing a pin or displaying any other item containing the
American flag, unless the employer gives the officer written notice that includes all of the following:
(a) A sta
agency agreement or contract regarding the wearing of a pin, or the displaying of any other item,
containing the American flag.
(b) A citation to the specific rule, regulation, policy, or local agency agreement or contract that the pin
or other item violates.
(c) A statement that the officer may file an appeal against the employer challenging the alleged
violation pursuant to applicable grievance or appeal procedures adopted by the department or public
agency that otherwise comply with existing law.
(Added by Stats. 2002, Ch. 170, Sec. 2. Effective January 1, 2003.)
3313. In the 200506 fiscal year, the Commission on State Mandates shall review its statement of
decision regarding the Peace Officer Procedural Bill of Rights test claim and make any modifications
necessary to this decision to clarify whether the subject legislation imposed a mandate consistent with
the California Supreme Court Decision in San Diego Unified School Dist. v. Commission on State
Mandates (2004) 33 Cal.4th 859 and other applicable court decisions. If the Commission on State
Mandates revises its statement of decision regarding the Peace Officer Procedural Bill of Rights test
claim, the revised decision shall apply to local government Peace Officer Procedural Bill of Rights
activities occurring after the date the revised decision is adopted.
(Added by Stats. 2005, Ch. 72, Sec. 6. Effective July 19, 2005.)
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STATE OF CALIFORNIA
AUTHENTICATED
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State of California
EVIDENCE CODE
Section 1040-1047
Evidence Code - EVID
DIVISION 8. PRIVILEGES \[900 - 1070\] ( Division 8 enacted by Stats. 1965, Ch.
299. )
CHAPTER 4. Particular Privileges \[930 - 1063\] ( Chapter 4 enacted by Stats.
1965, Ch. 299. )
ARTICLE 9. Official Information and Identity of Informer \[1040 - 1047\] ( Article
9 enacted by Stats. 1965, Ch. 299. )
acquired in confidence by a public employee in the course of his or her duty and
not open, or officially disclosed, to the public prior to the time the claim of
privilege is made.
(b) A public entity has a privilege to refuse to disclose official information, and to
prevent another from disclosing official information, if the privilege is claimed by a
person authorized by the public entity to do so and either of the following apply:
(1) Disclosure is forbidden by an act of the Congress of the United States or a
statute of this state.
(2) Disclosure of the information is against the public interest because there is a
necessity for preserving the confidentiality of the information that outweighs the
necessity for disclosure in the interest of justice; but no privilege may be claimed
under this paragraph if any person authorized to do so has consented that the
information be disclosed in the proceeding. In determining whether disclosure of
the information is against the public interest, the interest of the public entity as a
party in the outcome of the proceeding may not be considered.
(c) Notwithstanding any other law, the Employment Development Department
shall disclose to law enforcement agencies, in accordance with subdivision (i) of
Section 1095 of the Unemployment Insurance Code, information in its possession
relating to any person if an arrest warrant has been issued for the person for
commission of a felony.
(Amended by Stats. 2015, Ch. 20, Sec. 1. (SB 79) Effective June 24, 2015.)
1041. (a) Except as provided in this section, a public entity has a privilege to
refuse to disclose the identity of a person who has furnished information as
provided in subdivision (b) purporting to disclose a violation of a law of the United
States or of this state or of a public entity in this state, and to prevent another from
by the public entity to do so and either of the following apply:
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(1) Disclosure is forbidden by an act of the Congress of the United States or a
statute of this state.
(2) Disclosure of the identity of the informer is against the public interest because
the necessity for preserving the confidentiality of his or her identity outweighs the
necessity for disclosure in the interest of justice. The privilege shall not be claimed
under this paragraph if a person authorized to do so has consented that the identity
of the informer be disclosed in the proceeding. In determining whether disclosure
of the identity of the informer is against the public interest, the interest of the public
entity as a party in the outcome of the proceeding shall not be considered.
(b) The privilege described in this section applies only if the information is
furnished in confidence by the informer to any of the following:
(1) A law enforcement officer.
(2) A representative of an administrative agency charged with the administration or
enforcement of the law alleged to be violated.
(3) Any person for the purpose of transmittal to a person listed in paragraph (1) or
(2). As us
crime stopper organization.
(c) The privilege described in this section shall not be construed to prevent the
informer from disclosing his or her identity.
organization that accepts and expends donations used to reward persons who report
to the organization information concerning alleged criminal activity, and forwards
the information to the appropriate law enforcement agency.
(Amended by Stats. 2013, Ch. 19, Sec. 1. (AB 1250) Effective January 1, 2014.)
1042. (a) Except where disclosure is forbidden by an act of the Congress of the
United States, if a claim of privilege under this article by the state or a public entity
in this state is sustained in a criminal proceeding, the presiding officer shall make
such order or finding of fact adverse to the public entity bringing the proceeding as
is required by law upon any issue in the proceeding to which the privileged
information is material.
(b) Notwithstanding subdivision (a), where a search is made pursuant to a warrant
valid on its face, the public entity bringing a criminal proceeding is not required to
reveal to the defendant official information or the identity of an informer in order to
establish the legality of the search or the admissibility of any evidence obtained as
a result of it.
(c) Notwithstanding subdivision (a), in any preliminary hearing, criminal trial, or
other criminal proceeding, any otherwise admissible evidence of information
communicated to a peace officer by a confidential informant, who is not a material
witness to the guilt or innocence of the accused of the offense charged, is
admissible on the issue of reasonable cause to make an arrest or search without
requiring that the name or identity of the informant be disclosed if the judge or
STATE OF CALIFORNIA
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magistrate is satisfied, based upon evidence produced in open court, out of the
presence of the jury, that such information was received from a reliable informant
and in his discretion does not require such disclosure.
(d) When, in any such criminal proceeding, a party demands disclosure of the
identity of the informant on the ground the informant is a material witness on the
issue of guilt, the court shall conduct a hearing at which all parties may present
evidence on the issue of disclosure. Such hearing shall be conducted outside the
presence of the jury, if any. During the hearing, if the privilege provided for in
Section 1041 is claimed by a person authorized to do so or if a person who is
authorized to claim such privilege refuses to answer any question on the ground
that the answer would tend to disclose the identity of the informant, the prosecuting
attorney may request that the court hold an in camera hearing. If such a request is
made, the court shall hold such a hearing outside the presence of the defendant and
his counsel. At the in camera hearing, the prosecution may offer evidence which
would tend to disclose or which discloses the identity of the informant to aid the
court in its determination whether there is a reasonable possibility that
nondisclosure might deprive the defendant of a fair trial. A reporter shall be present
at the in camera hearing. Any transcription of the proceedings at the in camera
hearing, as well as any physical evidence presented at the hearing, shall be ordered
sealed by the court, and only a court may have access to its contents. The court
shall not order disclosure, nor strike the testimony of the witness who invokes the
privilege, nor dismiss the criminal proceeding, if the party offering the witness
refuses to disclose the identity of the informant, unless, based upon the evidence
presented at the hearing held in the presence of the defendant and his counsel and
the evidence presented at the in camera hearing, the court concludes that there is a
reasonable possibility that nondisclosure might deprive the defendant of a fair trial.
(Amended by Stats. 1969, Ch. 1412.)
1043. (a) In any case in which discovery or disclosure is sought of peace or
custodial officer personnel records or records maintained pursuant to Section 832.5
of the Penal Code or information from those records, the party seeking the
discovery or disclosure shall file a written motion with the appropriate court or
administrative body upon written notice to the governmental agency that has
custody and control of the records, as follows:
(1) In a civil action, the written notice shall be given at the times prescribed by
subdivision (b) of Section 1005 of the Code of Civil Procedure.
(2) In a criminal action, the written notice shall be served and filed at least 10 court
days before the hearing. All papers opposing a motion so noticed shall be filed with
the court at least five court days, and all reply papers at least two court days, before
the hearing. Proof of service of the notice shall be filed no later than five court days
before the hearing.
(b) The motion shall include all of the following:
(1) Identification of the proceeding in which discovery or disclosure is sought, the
party seeking discovery or disclosure, the peace or custodial officer whose records
are sought, the governmental agency that has custody and control of the records,
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and the time and place at which the motion for discovery or disclosure shall be
heard.
(2) A description of the type of records or information sought.
(3) Affidavits showing good cause for the discovery or disclosure sought, setting
forth the materiality thereof to the subject matter involved in the pending litigation
and stating upon reasonable belief that the governmental agency identified has the
records or information from the records.
(c) Upon receipt of a notice served pursuant to subdivision (a), the governmental
agency shall immediately notify the individual whose records are sought.
(d) No hearing upon a motion for discovery or disclosure shall be held without full
compliance with the notice provisions of this section except upon a showing by the
moving party of good cause for noncompliance, or upon a waiver of the hearing by
the governmental agency identified as having the records.
(Amended by Stats. 2019, Ch. 585, Sec. 2. (AB 1600) Effective January 1, 2020.)
1044. Nothing in this article shall be construed to affect the right of access to
records of medical or psychological history where such access would otherwise be
available under Section 996 or 1016.
(Added by Stats. 1978, Ch. 630.)
1045. (a) This article does not affect the right of access to records of complaints,
or investigations of complaints, or discipline imposed as a result of those
investigations, concerning an event or transaction in which the peace officer or
custodial officer, as defined in Section 831.5 of the Penal Code, participated, or
which the officer perceived, and pertaining to the manner in which the officer
matter involved in the pending litigation.
(b) In determining relevance, the court shall examine the information in chambers
in conformity with Section 915, and shall exclude from disclosure both of the
following:
(1) In any criminal proceeding the conclusions of any officer investigating a
complaint filed pursuant to Section 832.5 of the Penal Code.
(2) Facts sought to be disclosed that are so remote as to make disclosure of little or
no practical benefit.
(c) In determining relevance where the issue in litigation concerns the policies or
pattern of conduct of the employing agency, the court shall consider whether the
information sought may be obtained from other records maintained by the
employing agency in the regular course of agency business which would not
necessitate the disclosure of individual personnel records.
(d) Upon motion seasonably made by the governmental agency which has custody
or control of the records to be examined or by the officer whose records are sought,
and upon good cause showing the necessity thereof, the court may make any order
STATE OF CALIFORNIA
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which justice requires to protect the officer or agency from unnecessary annoyance,
embarrassment or oppression.
(e) The court shall, in any case or proceeding permitting the disclosure or discovery
of any peace or custodial officer records requested pursuant to Section 1043, order
that the records disclosed or discovered may not be used for any purpose other than
a court proceeding pursuant to applicable law.
(Amended by Stats. 2021, Ch. 402, Sec. 1. (SB 16) Effective January 1, 2022.)
1046. In any case, otherwise authorized by law, in which the party seeking
disclosure is alleging excessive force by a peace officer or custodial officer, as
defined in Section 831.5 of the Penal Code, in connection with the arrest of that
party, or for conduct alleged to have occurred within a jail facility, the motion shall
include a copy of the police report setting forth the circumstances under which the
party was stopped and arrested, or a copy of the crime report setting forth the
circumstances under which the conduct is alleged to have occurred within a jail
facility.
(Amended by Stats. 2002, Ch. 391, Sec. 3. Effective January 1, 2003.)
1047. (a) Records of peace officers or custodial officers, as defined in Section
831.5 of the Penal Code, including supervisorial officers, who either were not
present during the arrest or had no contact with the party seeking disclosure from
the time of the arrest until the time of booking, or who were not present at the time
the conduct at issue is alleged to have occurred within a jail facility, shall not be
subject to disclosure.
(b) Notwithstanding subdivision (a), if a supervisorial officer whose records are
being sought had direct oversight of a peace officer or a custodial officer, as
defined in Section 831.5 of the Penal Code and issued command directives or had
records shall be subject to disclosure pursuant to Section 1045 if the peace officer
or custodial officer under supervision was present during the arrest, had contact
with the party seeking disclosure from the time of the arrest until the time of
booking, or was present at the time the conduct at issue is alleged to have occurred
within a jail facility.
(Amended by Stats. 2019, Ch. 585, Sec. 3. (AB 1600) Effective January 1, 2020.)