Loading...
HomeMy WebLinkAbout2025-07-10 Regular Police Oversight Commission MeetingMinutes, of the Regular of the Police Oversight i July 10, 2025 REGULAR MEETING ® 5o CITY COUNCIL 22 Civic Center Plaza. Santa Ana, CA 92701 CALL TO ORDER MINUTES: Chair Vega called the meeting to order at 51.04 P.MV ATTENDANCE Commission Members Gabriel Castilla Laughton Evangeline Gawranski Arnalia Mejia Carlos Rerea Nadin Said Vice Chair Keith Carpenter Chair Danny Vega Staff Members Deputy City Manager Sylvia Vazquez Police Commander Jorge Lopez Assistant City Attorney Jonathan Martinez Recording Secretary Abigail Y. Alcala POLICE OVERSIGHT COMMISSION 1 JULY 10, 2025 ROLL CALL MINUTES: Recording Secretary Abigail Y. Alcala conducted roll call. Commissioners Castillo Laughton, Gawronski, Mejia, Perea, and Said, Vice Chair Carpenter, and Chair Vega were present. PLEDGE OF ALLEGIANCE MINUTES: Chair Vega led the Pledge of Allegiance. STAFF PRESENTATIONS 1. Introduction of Police Oversight Director T. Jack Morse, Esq. of Oppenheimer Investigations Group LLP MINUTES: Deputy City Manager Sylvia Vazquez briefly introduced Independent Oversight Director T. Jack Morse. Independent Oversight Director T. Jack Morse spoke regarding his experience, qualifications, and role and responsibility to the Commission. Commissioner Perea welcomed Independent Oversight Director Morse and spoke regarding the mistrust in the community related to the Police Department. Commissioner Castillo Laughton asked whether Independent Oversight Director Morse is the Independent Oversight Director for other cities. Independent Oversight Director Morse stated he is not an Independent Oversight Director for any other city. Commissioner Gawronski asked Independent Oversight Director Morse whether he would be available to the commission for questions and whether he would attend all future commission meetings. Independent Oversight Director Morse stated he would be regularly available to the commission and would be present at the Police Oversight Commission meetings moving forward. Chair Vega welcomed Independent Oversight Director Morse. PUBLIC COMMENTS--Public comments will be held during the beginning of the meeting for all comments on agenda items. Members of the public may provide comments on any agenda or non-agenda items within the subject matter jurisdiction of the commission. MINUTES: The following individual addressed the Commission in person: 1. Carl Benninger spoke regarding the decrease in gang violence in the city and the commissions'ability to review and improve police procedures. POLICE OVERSIGHT COMMISSION 2 JULY 10, 2025 The following individual addressed the Commission via teleconference: 2. Manuel Arreguin expressed concern regarding the status of his complaint and asked for complaints to be independently investigated. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 2 and 3. MINUTES:At 5:11 P.M., the Consent Calendar was considered. Commissioner Mefia requested clarification regarding the U-Visa motion reflected in the minutes of the May 8, 2025 meeting. Recording secretary Abigail Y. Alcala restated the motion voted on by the commission. Brief discussion ensued regarding clarification on the intent of the motion. MOTION: Vice Chair Carpenter moved to approve Consent Calendar Item Nos. 2 and 3, seconded by Commissioner Castillo Laughton. The motion carried, 7-0, by the following roll call note: AYES. COMMISSIONER CASTILLO LAUGHTON, COMMISSIONER GAWRONSKI, COMMISSIONER MEJIA, COMMISSIONER PEREA, COMMISSIONER SAID, VICE CHAIR CARPENTER, CHAIR VEGA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7—0 — Pass 2. Excused Absences Recommended Action: Excuse the absent members. 3. Minutes from the Regular Meetings of May 8, 2025. Recommended Action: Approve minutes. ***END OF CONSENT CALENDAR*** BUSINESS CALENDAR. MINUTE'S:At 5:28 P.M., the Business Calendar was considered. 4. Nominate and Elect Chair Recommended Action: Discuss and recommend. POLICE OVERSIGHT COMMISSION 3 JULY 10, 2025 MINUTES: Commissioner Perea nominated Commissioner Mejia as the Chair, seconded by Commissioner Castillo Laughton. Chair Vega nominated Vice Chair Carpenter as the Chair, seconded by Commissioner Gawronski. Commissioner Said nominated Chair Vega as the Chair, seconded by Vice Chair Carpenter. MOTION: Commissioner Gawronski moved to close the nominations, seconded by Chair Vega. The original motion carried, 7-0, by the following roll call vote: AYES: COMMISSIONER CASTILLO LAUGHTON, COMMISSIONER GAWRONSKI, COMMISSIONER MEJIA, COMMISSIONER PEREA, COMMISSIONER SAID, VICE CHAIR CARPENTER, CHAIR VEGA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7-- 0 -- Pass MOTION: Commissioner Perea moved to appoint Commissioner Mejia as the Chair, seconded by Commissioner Castillo Laughton. The original motion carried, 4-3, by the following roll call vote: AYES: COMMISSIONER CASTILLO LAUGHTON, COMMISSIONER MEJIA, COMMISSIONER PEREA, COMMISSIONER SAID NOES: COMMISSIONER GAWRONSKI, VICE CHAIR CARPENTER, CHAIR VEGA ABSTAIN: NONE ABSENT: NONE Status: 4— 3 -- Pass MOTION: Chair Vega moved to appoint Vice Chair Carpenter as the Chair, seconded by Commissioner Gawronski. The original motion carried, 5-2, by the following roll call vote: AYES: COMMISSIONER CASTILLO LAUGHTON, COMMISSIONER GAWRONSKI, COMMISSIONER SAID, VICE CHAIR CARPENTER, CHAIR VEGA NOES: COMMISSIONER MEJIA, COMMISSIONER PEREA ABSTAIN: NONE ABSENT: NONE Status: 5— 2 — Pass POLICE OVERSIGHT COMMISSION 4 JULY 10, 2025 MOTION: Commissioner Said moved to appoint Chair Vega as the Chair, seconded by Vice Chair Carpenter. The original motion carried, 5-2, by the following roll call vote: AYES: COMMISSIONER CASTILLO LAUGHTON, COMMISSIONER GAWRONSKI, COMMISSIONER SAID, VICE CHAIR CARPENTER, CHAIR VEGA NOES: COMMISSIONER MEJIA, COMMISSIONER PEREA ABSTAIN: NONE ABSENT: NONE Status: 5 — 2 — Pass MINUTES: Assistant City Attorney Jonathan Martinez announced the need to revote on the nominations to appoint either Vice Chair Carpenter or Chair Vega as Chair. MOTION: Chair Vega moved to appoint Vice Chair Carpenter as the Chair, seconded by Commissioner Gawronski. The original motion carried, 7-0, by the following roll call vote: AYES: COMMISSIONER CASTILLO LAUGHTON, COMMISSIONER GAWRONSKI, COMMISSIONER MEJIA, COMMISSIONER PEREA, COMMISSIONER SAID, VICE CHAIR CARPENTER, CHAIR VEGA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 -0 - 0 - 0 — Pass MOTION: Commissioner Said moved to appoint Chair Vega as the Chair, seconded by Vice Chair Carpenter. The original motion carried, 5-2, by the following roll call vote: AYES: COMMISSIONER CASTILLO LAUGHTON, COMMISSIONER GAWRONSKI, COMMISSIONER SAID, VICE CHAIR CARPENTER, CHAIR VEGA NOES: COMMISSIONER MEJIA, COMMISSIONER PEREA, ABSTAIN: NONE ABSENT: NONE Status: 5-- 2 -- Pass MINUTES: Recording Secretary Abigail Y. Alcala announced the motion to appoint Vice Chair Carpenter as the Chair had the highest vote, concluding Vice Chair Carpenter as the new Chair of the commission. POLICE OVERSIGHT COMMISSION 5 JULY 10, 2025 5. Nominate and Elect Vice Chair !Recommended Action: Discuss and recommend. MINUTES: Vice Chair Carpenter nominated Commissioner Castillo Laughton as the Vice Chair, seconded by Commissioner Castillo Laughton. Commissioner Said nominated Chair Vega as the Vice Chair, seconded by Commissioner Castillo Laughton. MOTION: Commissioner Gawronski move to close the nominations, seconded by Commissioner Castillo Laughton. The original motion carried, 7-0, by the following roll call vote: AYES: COMMISSIONER CASTILLO LAUGHTON, COMMISSIONER GAWRONSKI, COMMISSIONER MEDIA, COMMISSIONER PEREA, COMMISSIONER SAID, VICE CHAIR CARPENTER, CHAIR VEGA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7-- Pass MOTION: Vice Chair Carpenter moved to appoint Commissioner Castillo Laughton as the Vice Chair, seconded by Chair Vega. The original motion carried, 7-0, by the following roll call vote: AYES: COMMISSIONER CASTILLO LAUGHTON, COMMISSIONER GAWRONSKI, COMMISSIONER MEJIA, COMMISSIONER PEREA, COMMISSIONER SAID, VICE CHAIR CARPENTER, C HAIR VEGA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7— 0 Pass MOTION: Commissioner Said moved to appoint Chair Vega as the Vice Chair, seconded by Commissioner Castillo Laughton. The original motion carried, 5-2, by the fallowing roll call vote: AYES: COMMISSIONER CASTILLO LAUGHTON, COMMISSIONER GAWRONSKI, COMMISSIONER SAID, VICE CHAIR CARPENTER, CHAIR VEGA NOES: COMMISSIONER MEJIA, COMMISSIONER PEREA, ABSTAIN: NONE ABSENT: NONE Status: 5— 2 — Pass POLICE OVERSIGHT COMMISSION 6 JULY 10, 2025 MINUTES: Recording Secretary Abigail Y. Alcala announced the motion to appoint Commissioner Castillo Laughton as the Vice Chairhas the highest vote, concluding Commissioner Castillo Laughton as the new Vice Chair of the commission. 6. Police Oversight Commission Bylaws Recommended Action; Review, discuss, and provide input on the Draft Police Oversight Commission Bylaws. MINUTES: Chair Carpenter moved to suspend voting on the bylaws. Motion died due to lack of a second. Discussion ensued regarding whether the proposed changes to the ordinance could affect the bylaws. Assistant City Attorney Jonathan Martinez clarified the bylaws are superseded by .the ordinance, and recommended the commission continue with discussion for changes until any amendments are finalized by the council. Commissioner Vega asked whether section ten was similar to the council requested item section of City Council meetings process. Commissioner Mejia requested the bylaw language be more specific and include a timeframe for placing a commissioner-proposed item on the agenda. Deputy City Manager Sylvia Vazquez confirmed and clarified the process proposed in the bylaws to bring an agenda item forward is similar to councils. Assistant City Attorney Martinez stated the timeframe language would be reviewed for clarity. Chair Carpenter requested language in section ten be updated to remove redundancy as it relates to City Manager's review process. Vice Chair Castillo Laughton suggested the commission take a recess to review the recommended bylaws. Assistant City Attorney Martinez suggested moving Item No. 7 out of order before continuing the discussion on the bylaws. POLICE OVERSIGHT COMMISSION 7 ,DULY 10, 2025 MOTION: Chair Carpenter moved to consider Agenda Item No. 7 prior to continuing Agenda Item No. 6, seconded by Vice Chair Castillo Laughton. The original motion carried, 7-0, by the following roll call vote: AYES: COMMISSIONER GAWRONSKI, COMMISSIONER MEJIA, COMMISSIONER PEREA, COMMISSIONER SAID, COMMISSIONER VEGA, VICE CHAIR CASTILLO LAUGHTON, CHAIR CARPENTER NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7—0 -- Pass AGENDA ITEM NO. 7 MOVED OUT OF ORDER 7. U-Visa Certification and Santa Ana Police Department Procedure 4130 Recommended Action: Receive presentations from the following subject matter experts in immigration law to discuss the U-Visa process/procedures and provide input for recommendations: 1. Sabrina Rivera, Esq. of the Western State College of Law Immigration and Deportation Defense Clinic 2. Allyssa Scheyer, Esq. of the Public Law Center MINUTES: Sabrina Rivera and Allysa Scheyer gave a presentation regarding U- Visa basics and certifying agency certifications. Vice Chair Castillo Laughton asked whether state law established framework to overcome the presumption of helpfulness. Sabrina Rivera and Allysa Scheyerstated there are no state guidelines to overcome the presumption of helpfulness, however federal guidelines do exist. They stated that when the Santa Ana Police Department (SAPD) denies a certification, the reasons for the denial are not clearly stated in the response. Commissioner Mejia asked whether reason is given when a certification is denied. Allyssa Scheyer clarified there is a letter received with limited information. Discussion ensued regarding the guidance of certification and adjudication of the procedure at the state and federal level. Commissioner Mejia asked whether improving the definition of"helpfulness" could protect individuals when seeking certification. Allyssa Scheyer stated that improving the definition could protect individuals and ensure compliance with California state law. POLICE OVERSIGHT COMMISSION 8 JULY 10, 2025 Vice Chair Castillo Laughton stated the existing policy already incorporated the federal definition and asked whether improving the definition of"helpfulness"in the policy would be beneficial. Allyssa Scheyer confirmed. Discussion ensued regarding qualifying crime examples. Deputy Chief Roland Andrade stated the only federal crime explicitly categorized as a felony or misdemeanor is assault, for crimes like domestic violence or extortion federal law does not differentiate between misdemeanor and felony charges. Chair Carpenter asked how the U-Visa process is initiated when the crime is considered a misdemeanor. Allyssa Scheyer stated the applicant makes the first contact often through the immigration hotline where the individual is referred to legal services for the U-Visa process. Vice Chair Castillo Laughton asked whether a denied request for a certification decision could be reviewed. Allyssa Scheyer explained there is an option to request for the case to be reviewed by a supervisor but applicants that do not have an attorney may not know and if the case is denied by Department of Homeland Security (DHS) there is an appeal process that does not involve SAPD. Chair Carpenter asked for clarification regarding the time it takes for DHS to review the U-Visa application and whether an applicant is still at risk of deportation. Allyssa Scheyer stated there is an initial review of about two years however an ultimate decision could take about eight or nine years and the applicant is still at risk of deportation during this process. Commissioner Vega asked whether the risk of deportation is after the application is denied or during the application process. Allyssa Scheyer stated there is a risk of deportation during the application process and after the denial. Commissioner Perea stated the policy does not include the federal requirement for the victim to have information of the criminal activity, asked whether the policy is in compliance with state law and what the approval rate of the certification is, and requested examples of cities with U-Visa policies the commission could use as a reference. Sabrina Rivera and Allyssa Scheyer stated a periodic review would help ensure the policy's ongoing compliance with state laws, spoke regarding the approval rate fluctuation, and recommended the City of Oakland and the Los Angeles District Attorney's office U-Visa policies as references. POLICE OVERSIGHT COMMISSION 9 JULY 10, 2025 Deputy Chief Andrade stated the average approval rate for SAPD is 40%, 30% are filed with the wrong agency, and 30% are not certified. Commissioner Perea asked whether SAPD has the ability to certify applications where the case is referred to the District Attorney's office. Commissioner Said asked for clarification regarding the number of applicants, timeline of the application process, and jurisdiction of the 10,000 awarded U-Visas. She spoke in support of a more accessible and transparent process. Allysa Scheyer provided clarification and answered the Commissioner's questions. Deputy Chief Andrade stated the total applications received in Santa Ana were 261 in 2020, 333 in 2021, 356 in 2022, and 372 in 2023. He clarified that 30% of cases get referred to other agencies and are not considered denials. Commissioner Mejia stated the national average denial rate is approximately 10% and state law does not require SAPD to transfer U-Visa certifications to other agencies. She suggested SAPD be more helpful by having a clear and updated policy that meets state standards and requested a draft policy that includes both direct and indirect victims, incorporates the state's definition of "unreasonable," clarifies what constitutes "relative evidence"and "nuisance"crimes, asked whether including specific language for domestic violence and sexual assault cases would be beneficial and stated the policy should be more transparent and equitable. Commissioner Vega asked whether there was a possible policy change to better protect individuals that are applying for U-Visas from being deported, stated he wants to know the best way to protect applicants from deportation, and asked if DHS is notified when someone applies. Sabrina Rivera and Allyssa Scheyer stated each jurisdiction appoints its own certifying officials and a mechanism exists to report unhelpful officials to USCIS. They recommended including specific language for domestic violence and sexual assault cases, and providing more information overall, including hypothetical scenarios. Sabrina Rivera and Allyssa Scheyer stated DNS is not notified when a U-Visa certification application is filed, noted the U-Visa can sometimes prevent or delay deportation by showing that a U-Visa is pending or about to be filed, and spoke regarding their experiences with certifications, and emphasized the importance of timely responses, clarity, transparency in denial reasons, and accessibility for applicants without lawyers. They mentioned significant federal cuts have reduced the number of free legal service providers making it difficult to serve all clients, and stressed the need for a public-facing procedure for those who cannot afford an attorney. Commissioner Gawronski asked whether the Public Law Center has four immigration attorneys and when the U-Visa program was started. Vice Chair Castillo Laughton thanked the presenters, stated the current policy needs to be revamped, strengthened in consistency and accessible to the public and requested a copy of SAPD procedure 4130. POLICE OVERSIGHT COMMISSION 10 JULY 10, 2025 Chair Carpenter asked whether there is a guaranty that an individual will not be deported. Commissioner Mejia asked whether applicants with a criminal history are able to apply or could be denied due to their past criminal history. Sabrina Rivera and Allyssa Scheyer confirmed there are four staff attorneys in the immigration unit at Public Law Center and stated the U-Visa program started in 2011 with the purpose being to protect the community. They stated deportation pauses sometimes occur, depending on the presidential administration, but there is no guarantee that an individual will not be deported. They also clarified that while criminal history cannot be considered for U-Visa certification, it could still affect the DNS final decision to grant the visa, but that decision falls outside of SAPD authority. Deputy Chief Andrad confirmed SAPD does not take criminal history into consideration when reviewing a case. Commissioner Perea requested recommendations by Sabrina Rivera and Allyssa Scheyer be incorporated into the policy, the eligibility requirements listed match the federal guidelines, the ability for SAPD to consider U-Visas even for cases that are passed through to the District Attorney, and referencing Oakland's policy when it comes to public transparency on the city website. He spoke regarding the case of Edgar Vargas. Chair Carpenter expressed concern regarding the ability to make policy changes due to the proposed amendments to the Police Oversight Commission ordinance. Assistant City Attorney Martinez recommended the commission continue with discussion for changes until amendments are finalized. Deputy City Manager Vazquez asked whether the commission would like other organizations to provide feedback. Commissioner Perea stated he was satisfied with the legal experts. Sabrina Rivera and Allyssa Scheyer suggested additional organizations share testimony of other compelling cases. Commissioner Mejia requested inviting the OC Rapid Response Network to be a presenter. Commissioner Perea requested inviting the Orange County Justice Fund to be a presenter. POLICE OVERSIGHT COMMISSION 11 JULY 10, 2025 MOTION: Commissioner Mejia moved to have staff contact the Orange County Response Network and the Orange County Justice Fund as presenters related to the U-Visa upon availability, seconded by Vice Chair Castillo Laughton. The original motion carried, 7-0, by the following roll call vote: AYES: COMMISSIONER GAWRONSKI, COMMISSIONER MEJIA, COMMISSIONER PEREA, COMMISSIONER SAID, COMMISSIONER VEGA, VICE CHAIR CASTILLO LAUGHTON, CHAIR CARPENTER NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 - 0 — 0 — 0 -- Pass 6. Police Oversight Commission Bylaws Recommended Action: Review, discuss, and provide input on the Draft Police Oversight Commission Bylaws. MINUTES: MOTION: Commissioner Perea moved to approve the bylaws, seconded by Commissioner Said. AMENDED MOTION: Commissioner Mejia moved to amend the motion to approve the bylaws, as amended to modify section 10 to state that Commissioner submitted memorandums be presented to the Commission at the next meeting, seconded by Commissioner Said. Vice Chair Castillo Laughton expressed concern regarding the bylaws. Commissioner Mejia withdrew her motion. Commissioner Said withdrew her second. Discussion ensued regarding excused absences and the ability to participate in commission meetings remotely. Commissioner Gawronski expressed concern regarding Article 7 Section 11 and asked whether a commission's completed bylaws have been denied when presented to council. Deputy City Manager Vazquez clarified the council has final approval of bylaws, however takes into consideration the commission's recommendations. Discussion ensued regarding Article 3 Section 7. Deputy City Manager Vazquez clarified Article 3 Section 7 is pulled from the City's municipal code. POLICE OVERSIGHT COMMISSION 12 JULY 10, 2025 Chair Carpenter expressed concern regarding Article 6 Section 9. Vice Chair Castillo Laughton recommended identifying which bylaw sections the commission would like to bring back to discuss at a future meeting. MOTION: Commissioner Perea moved to bring back Item No. 6 for discussion at a future meeting, seconded by Commissioner Gawronski. The original motion carried, 7-0, by the following roll call vote: AYES: COMMISSIONER GAWRONSKI, COMMISSIONER MEDIA, COMMISSIONER PEREA, COMMISSIONER SAID, COMMISSIONER VEGA, VICE CHAIR CASTILLO LAUGHTON, CHAIR CARPENTER NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 -- 0 -- Pass 7. AGENDA ITEM NO. 7 MOVED OUT OF ORDER AND HEARD PRIOR TO AGENDA ITEM NO. 6 MINUTES: Commissioner Said left the meeting at 8:08 P.M. ***END OF BUSINESS CALENDAR*** STAFF COMMENTS MINUTES: Deputy City Manager Sylvia Vazquez stated there would be a presentation regarding the findings of the ad hoc committee, which was set up to identify issues with the ordinance establishing the Police Oversight Commission. COMMISSIONER COMMENTS MINUTES: Commissioner Perea expressed concern regarding the proposed amendments to the Police Oversight Commission ordinance and encouraged the commissioners to attend the July 15, 2025 City Council meeting. Commissioner Mefia thanked everyone for the productive conversation, stated she is looking forward to the next steps with the U-Visa policy, spoke regarding the urgency of completing the process to create clear policy and making the information accessible to the public, and echoed Commissioner Perea's sentiments regarding the proposed changes to the ordinance. She encouraged everyone to read the proposed changes, attend the Council meeting, and requested proposed amendments pertaining to state law be further explained, Commissioner Vega thanked staff for their work, welcomed new Independent Oversight Director Morse and asked regarding the required vote to make changes to ordinance. POLICE OVERSIGHT COMMISSION 13 JULY 10, 2025 Assistant City Attomey Jonathan Martinez stated a simple majority would be required to approve changes to the ordinance. Commissi6ner Gawronski welcomed Independent Director Morse, thanked presenters and staff for their hard work, and congratulated Chair Carpenter and Vice Chair Castillo Laughton on their appointments. Vice Chair Castillo Laughton thanked staff for their work, welcomed Independent Oversight Independent Director Morse, and echoed concerns by commissioners regarding the Police Oversight Commission ordinance amendments. Chair Carpenter expressed concern regarding proposed changes to the Police Oversight Commission ordinance. ADJOURNMENT -Adjourn the Police Oversight Commission Meeting. MINCITES: Chair Carpenter adjourned the Police Oversight Commission meeting at 8:18 P.M. The next meeting of the Police Oversight Commission is scheduled forAugust 14, 2025 at 5.-00' P.M. Respectfully,submit d. ail c la R nor ' g Secretary POLICE OVERSIGHT COMMISSION 14 JULY 10, 2025