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HomeMy WebLinkAboutPresentation - Item 1 - Police Oversight Commission Ordinanceoiglaw.com 1 Oversight Options: Investigating incidents and/or problematic patterns January 26, 2026 T. Jack Morse Jr. Oversight Director Police Oversight Commission oiglaw.com 2 Agenda ▪Changes in Law ▪Overview of Current Ordinance ▪Other options to consider: ▪Pattern / Practice ▪Hybrid ▪POC Input ▪Next steps oiglaw.com 3 Change in Law: AB 847 oiglaw.com 4 AB 847 (Sharp-Collins) Police Personnel Records & Police Oversight: ▪Signed by Gov. Newsom on Oct. 6, 2025 ▪Effective Jan. 1, 2026 ▪Amends Penal Code §832.7 ▪Goal: clarify and expand access to confidential peace officer personnel records for civilian oversight bodies ▪Does not make these records public under Public Records Act –it’s about oversight access, not general disclosure to public. oiglaw.com 5 AB 847 (Sharp-Collins) Background: ▪Penal Code §832.7: peace officer personnel records are confidential, with narrow exceptions. ▪Explicit access for: Grand juries, District Attorneys, Attorney General, and POST in investigations. ▪Civilian oversight commissions were NOT specifically listed. ▪Oversight commissions relied on subpoenas, summaries, or CPRA-release categories (SB 1421 records), but often faced resistance and/or litigation ▪Agencies argued they could not share personnel files with oversight bodies without violating Penal Code §832.7 (LASD v. Civilian Oversight Commission). oiglaw.com 6 AB 847 (Sharp-Collins) Key Changes: ▪Penal Code §832.7 revised: ▪Civilian police oversight commissions are expressly authorized to access confidential officer personnel records for oversight investigations and related proceedings ▪Oversight bodies must maintain confidentiality; records remain non-public. ▪Records may be reviewed in closed session, consistent with Brown Act oiglaw.com 7 AB 847 (Sharp-Collins) Revised PC 832.7: … the personnel records of peace officers and custodial officers and records maintained by a state or local agency … are confidential …. This section does not apply to investigations or proceedings concerning the conduct of peace officers … conducted by a grand jury, a district attorney’s office, the Attorney General’s office, or the Commission on Peace Officer Standards and Training, or a civilian oversight board or commission for a law enforcement agency …. oiglaw.com 8 Current Ordinance: Focus on Investigations oiglaw.com 9 Current Ordinance Focus on Investigations: ▪Gives Police Oversight Director authority to investigate officers alleged to have engaged in 10 types of misconduct ▪Each investigation duplicative of IA investigation ▪May also “audit complaint files” and review policies ▪Following investigation, POC may: ➢Direct OD to investigate further ➢Forward findings and recommendations to the City Manager ➢For sustained findings, this can include disciplinary recommendations oiglaw.com 10 Current Ordinance POC may direct OD to investigate complaints re: ▪OIS ending in death ▪In-custody deaths ▪UOF resulting in GBI ▪Discrimination ▪Dishonesty ▪Sexual assault ▪Unlawful arrest or search ▪Excessive force ▪Failure to intervene re: excessive force ▪Interference with 1st Amendment activities oiglaw.com 11 Current Ordinance Budgetary constraints: ▪A simple complaint investigation involving 1 subject, 2 witnesses costs around $15,000 ▪More complex investigation with 10 witnesses, 10 hours BWC may cost $40,000 ▪Annual budget of about $125,000 ▪So, about 3 complex investigations / year (without any other work completed) oiglaw.com 12 Current Ordinance Problematic issues: ▪Potential conflict with City Charter (direct appointments v. City Manager’s authority) ▪Lack of clarity re: process for reviewing complaints and providing notice and outcomes to stakeholders oiglaw.com 13 July 1 Revision: Review and Audit oiglaw.com 14 Review/Audit Model July 1 Revision: ▪POD may only review complaints after IA investigation is completed ▪POD authorized to review same 10 categories of complaints in current ordinance ▪Completed IA investigations reviewed by POD > POC ▪POD submits report to Chief with recommendations re: outcome ▪Chief makes final decision ▪POD may audit IA files re: 10 categories of misconduct oiglaw.com 15 July Ordinance Revisions Other Changes: ➢Maintains consistency with the City Charter’s City Manager form of government ➢Affirms the POD’s advisory and independent role ▪“The Police Oversight Director, independent from the Police Department, provides a review of, analysis, and recommendations on police practices” ➢Does not require a Charter amendment ▪(Oakland voters passed Measure LL, which allowed the City to establish a police oversight entity to investigate complaints and recommend discipline) oiglaw.com 16 July Ordinance Revisions Additional Training Requirements: ➢8 hour ride-along (within 90 days) ➢Attend SAPD Community Academy (within 18 months) Provided twice a year; each course is approximately 2-3 hours and provides training on: ▪Communications ▪Patrol Operations ▪Santa Ana Jail ▪Crime Scene Investigations / Internal Affairs ▪Air Support/Traffic Stops/Motor Officers/ Directed Patrol ▪Use of Force ▪Homicide/Gangs/SWAT oiglaw.com 17 Another option: Pattern / Practice oiglaw.com 18 Patterns of Problematic Conduct Focus on Identifying / Correcting Patterns of Misconduct ▪City Council could give POD broad authority to investigate types of police activity with certain time frame ▪Not limited to 10 categories ▪POD identifies repeated problems (excessive force, lack of probable cause or reasonable suspicion, etc.) ▪Offers recommendations to address the conduct: policy revisions, training, etc. ▪Shifts the POD away from investigating individual officers oiglaw.com 19 Patterns of Problematic Conduct ▪POD would conduct robust investigations of potential ongoing and persistent problems. Could review: ➢Internal Affairs investigations ➢Investigations conducted by patrol supervisors ➢General Use of Force Incidents ➢Use of less lethal weapons ➢Stop and Frisk / Ped Stops / Vehicle Stops ➢Vehicle pursuits ➢Verbal threats ➢Jail conditions / suicide risks oiglaw.com 20 Patterns of Problematic Conduct Benefits to Pattern / Practice Approach: ▪These investigations may identify recurring policy violations or the need to change policy/protocol/training ▪Focus on changing culture and preventing misconduct ▪Review far more incidents than 3 / year ▪Makes better use of POD’s limited time and resources ▪Suggested sample language to add to ordinance: ➢The POD shall be authorized to conduct substantive investigations of Police Department policies, protocols, practices, and patterns of conduct that may result in harm to individuals. ➢The POD will have access to Police Department personnel, documents, data, and information as needed in order to conduct the work of the Police Oversight Director. oiglaw.com 21 Another option: Hybrid Model oiglaw.com 22 Hybrid Model Limited Investigations of Individual Officers: ▪POD authorized to conduct robust review to identify patterns of misconduct ▪POD authorized to investigate those incidents where people have been subjected to the greatest amount of harm: 1 2 3 Officer- Involved Shootings under AB 1506 Uses of Force resulting in death Uses of Force resulting in great bodily injury (GBI) oiglaw.com 23 Limited Individual Investigations Potential Structure and Protocol ▪Commission retains authority to determine whether POD will conduct independent investigations of serious critical incidents ▪POD investigations of any OIS under AB 1506 could take place while AG investigation is ongoing ▪No need to wait 1+ years ▪POD relies in part on interviews conducted by IA oiglaw.com 24 Limited Individual Investigations Potential Caseload ▪Officer-Involved Shootings ➢Since 2018, average of 2 per year ▪Comparable number of incidents involving GBI (e.g., K9 dog bites) ▪Each investigation could take months. ▪Meanwhile, POD conducts unrelated pattern / practice reviews to identify ongoing problems oiglaw.com 25 Practical Application: Pattern / Practice Review oiglaw.com 26 A Closer Look: Pattern/Practice Investigations November 29, 2012 •Vehicle pursuit •100+ officers •62 patrol cars •137 rounds fired •Both vehicle occupants unarmed 2013 DOJ Investigation of Cleveland Police: oiglaw.com 27 2013 DOJ Investigation: Cleveland Police ➢Reviewed 600+ UOF incidents, including deadly force ➢Analyzed UOF policies and procedures ➢Attended academy and in- service training ➢Interviews with community members, leaders, patrol officers, commanders ➢Internal accountability systems oiglaw.com 28 2013 DOJ Investigation: Cleveland Police ➢Officers shoot at people who do not pose an imminent threat of death or serious bodily injury ➢Hit people who are handcuffed ➢Hit people on head with guns ➢Accidental discharges ➢CDP supervisors found all 4,427 UOF incidents justified over 4 years ➢Between 2005 and 2011, Tasers used 969 times; all but 5 deemed justified (99.5 % clearance rate) Conclusions: oiglaw.com 29 Deficient Force Reporting, Review •Inadequate Force policies and training –Insufficient focus on de- escalation –Little to no crisis intervention policies/training –Head strike w/ firearm allowed •Poor UOF Review –Inadequate IA investigations –Supervisors rubber-stamp reports –No analysis of officer actions 2013 DOJ Investigation: Cleveland Police Underlying problems: oiglaw.com 30 Deficient Force Reporting, Review 2013 DOJ Investigation: Cleveland Police Corrective Measures: ➢New policies and training regarding de-escalation and crisis intervention ➢Established specialized crisis-intervention teams ➢More robust force reporting and reviews ➢General ban on using firearm as impact weapon ➢Document unholstering firearms ➢More restrictions regarding Taser use ➢Early Intervention System to track potentially problematic officers oiglaw.com 31 Use of Force Trends: 2017 -2018 •UOF down by 29% •Crime Fell •Homicide -4.6% •Robbery –25% •Felonious Assault –9.5% •Burglary –21% •Arson –40% •Officer injuries down •Overall –20% •UOF incidents –22 % •Fewer subjects injured Cleveland Division of Police oiglaw.com 32 Oversight Commission Feedback: Sept. 11, 2025 oiglaw.com 33 Benefits of Current Ordinance ▪Gives POD some authority to review policies and ensure best practices are implemented ▪With authority to investigate 10 different types of complaints, POC may use discretion to select a limited number to investigate ▪Consensus: Trying to investigate every complaint would be unrealistic / create backlog. Feedback From POC oiglaw.com 34 Benefits of Pattern and Practice Focus ▪Can create long-term change ▪Ongoing incentive to officers / supervisors who know their actions may become focus of POD review ▪May decrease complaints / misconduct moving forward ▪But, single incident of misconduct may go unresolved if not addressed by IA ▪Concern: restricting POD’s authority to act until after IA investigates. Feedback From POC oiglaw.com 35 Consensus: Hybrid = Best Option ➢Many commissioners expressed need to retain some investigatory powers, especially for serious cases ➢General consensus that focusing on OIS and GBI were best use of resources ➢May track recurring complaints to identify policy changes ➢Balances resources with effectiveness ➢Provides reassurance to some community members, given skepticism about Internal Affairs Feedback From POC oiglaw.com 36 Next Steps… 36 City Council Direction oiglaw.com 37 ➢Provide direction regarding type of model it wants to adopt: ❖Investigatory (based on current ordinance) ❖Pattern / Practice ❖Hybrid ➢POD will work with City Staff to create draft incorporating Council’s direction ➢Return to City Council for consideration City Council Direction oiglaw.com 38 Questions?