HomeMy WebLinkAboutCorrespondence - Item 30 Becerra, Alexis
From: Tiffany Bailey <TBailey@aclusocal.org>
Sent: Tuesday, September 16, 2025 12:27 PM
To: eComment
Subject: Public Comment Concerning Item No. 30
Attention: This email originated from outside of City of Santa Ana.Use caution when opening attachments or links.
Dear Mayor and City Council,
My name is Tiffany Bailey. I am a Senior Staff Attorney and the Deputy Project Director of the ACLU of Southern
California's Criminal Justice and Police Practices project. I am providing comment on Item No. 30,the Council's work
study session on the Police Oversight Commission Ordinance.
The ACLU of Southern California supports the hybrid, audit and investigatory model for oversight that the Police
Oversight Commission's Independent Director,Jack Morse Jr., has proposed. While it most beneficial to the Santa Ana
community for the Commission to retain full investigatory power,we acknowledge the City's budgetary and capacity
constraints and think the proposed hybrid model strikes an appropriate balance by ensuring that investigatory powers
are at least retained for officer involved shootings and uses of force resulting in death or great bodily injury.
As we noted in prior public comment,we are deeply concerned by amendments to the ordinance's confidentiality
section,which seek to attach civil or criminal penalties to potential confidentiality breaches. Once again,this is
unnecessary. State law already protects the confidentiality of law enforcement personnel records. We have also seen
this problem highlighted in LA with the prosecution of Diana Teran -for which the Court of Appeal issued a writ of
prohibition against further prosecutorial proceedings after more than a year of litigation. The proposed attachment of
such penalties will set a dangerous precedent and will surely have a chilling effect on oversight.
We also encourage the City Council to not move forward with proposed amendments that would require Commissioners
to participate in ride alongs and in Santa Ana Police Academy Program courses. While commissioners need to be
knowledgeable of law enforcement practices,they are not police officers and should not be receiving formal police
academy training. It also undermines independence and oversight when the body that is being overseen is the one
telling the overseers what the law is. By requiring SAPID training and a staggering amount of ride-along hours,which Los
Angeles' Civilian Oversight Commission makes optional,the distinct lines between the oversight entity and SAPID are
blurred.
Finally, in the proposed amendments, the City,without justification—whether legal or policy-based—removed the
Commission's ability to review and provide recommendations during the negotiations between the City and the Santa
Ana Police Officers Association.This power remains deeply important to the community given the current lack of
transparency surrounding this process. If this critical power is taken away,the community deserves to know what legal
or policy justifications are motivating this decision.
In short,we are heartened to hear that the Commission and Council are still considering retaining some investigatory
powers and encourage the Council to revert the aforementioned amendments which would serve only to undermine
transparency and chill oversight.
Thank you,
Tiffany Bailey
Tiffany Bailey
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Deputy Project Director of Criminal Justice and Police Practices
Munger,Tolles&Olson Senior Staff Attorney
ACLU of Southern California
1313 W. Eighth Street
Los Angeles,CA 90017
213.977.5202
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