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HomeMy WebLinkAboutItem 16 - Resolution for Police Oversight Commission Bylaws City Manager's Office 71 www.santa-ana.org/cm Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 3, 2026 TOPIC: Resolution for Police Oversight Commission Bylaws AGENDA TITLE Resolution for Police Oversight Commission Bylaws RECOMMENDED ACTION Adopt a Resolution for the Police Oversight Commission Bylaws. RESOLUTION NO. 2026-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING INITIAL BYLAWS FOR THE POLICE OVERSIGHT COMMISSION GOVERNMENT CODE 484308 APPLIES: No DISCUSSION The Police Oversight Commission was established by the Santa Ana City Council to provide civilian oversight, transparency, and accountability regarding policing practices within the City of Santa Ana. During its regularly scheduled meetings on March 13, April 10, May 8, and July 10, 2025, the Commission held open discussions regarding the development of its Bylaws. At the October 9, 2025, meeting, after considering the feedback received, the Commission reviewed and unanimously approved (7-0) a draft version of the Bylaws. The proposed bylaws formalize the Commission's governance structure, roles, responsibilities, procedures, and operating rules to ensure consistent, transparent, and effective functioning. Approval of the bylaws will provide clarity to Commissioners, City staff, and the public regarding how the Commission conducts its business, fulfills its advisory and oversight responsibilities, and interfaces with the Santa Ana Police Department, the City Council, and the community. Non-substantial clerical edits have been included since the Commission's approval. Adoption of the bylaws is in accordance with Santa Ana Municipal Code Section 2-669, which stipulates that the City Council shall adopt the rules for the transaction of business of the Commission. Resolution for Police Oversight Commission Bylaws February 3, 2026 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution — Santa Ana Police Oversight Commission Bylaws Submitted By: Sylvia Vazquez, Deputy City Manager Approved By: Alvaro Nunez, City Manager RESOLUTION NO. 2026-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING INITIAL BYLAWS FOR THE POLICE OVERSIGHT COMMISSION WHEREAS, on September 1, 2020, Ordinance No. NS-2992 was adopted by the City Council, modernizing the municipal code by organizing and consolidating all boards, commission, and committee matters into Chapter 2; and WHEREAS, on November 15, 2022, Ordinance No. NS-3029 was adopted by the City Council, establishing the Police Oversight Commission ("Commission"); and WHEREAS, Santa Ana Municipal Code Sec. 2-669 requires the Commission to develop rules for the transaction of business; and WHEREAS, at its meeting of October 9, 2025, the Commission unanimously approved bylaws for the conduct of the Commission; and WHEREAS, Santa Ana Municipal Code Section 2-669 requires that the City Council approve the Police Oversight Commission rules/bylaws. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The bylaws for the Police Oversight Commission, attached as Exhibit A, are hereby approved. Section 2. This Resolution shall take effect immediately upon the signing of this Resolution by the City Council and the City Clerk shall attest to and certify this the vote adopting this Resolution. ADOPTED this 3rd day of February, 2026. Valerie Amezcua Mayor Resolution No. 2026-XXX Page 1 of 2 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ,----- onathan T. Martine Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers ABSENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2026-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on February 3, 2026. Date: Jennifer L. Hall City Clerk City of Santa Ana Resolution No. 2026-XXX Page 2 of 2 THE SANTA ANA POLICE OVERSIGHT COMMISSION BYLAWS ARTICLE I — THE COMMISSION SECTION 1. Name of Commission. The name of the Commission shall be the Santa Ana Police Oversight Commission. SECTION 2. Duties of the Chair. The chair shall preside at all the meetings of the Commission, authorize calls for any special meetings, and execute all documents authorized by the Commission. SECTION 3. Duties of the Vice-Chair. The vice-chair shall perform the duties of the chair in the absence or incapacity of the chair; and in the case of the resignation or death of a chair, the vice-chair shall perform duties as are imposed on the chair until such time as the Commission shall elect a new chair. SECTION 4. Vacancy of Office. The Commission, in the event of a vacancy in the office of chair or vice-chair, shall elect one of its members to the unexpired term. SECTION 5. Recording Secretary. The TheCity Clerk's Office shall appoint an employee to serve as Recording Secretary of the Commission, who shall issue notice of all regular and special meetings, and shall perform such duties as are generally associated with that office. SECTION 6. Additional Duties of Commission Officers. The officers of the Commission shall perform such other duties and functions as may from time to time be required by the Commission, the Santa Ana Municipal Code, the bylaws, or rules and regulations of the Commission. ARTICLE II - ELECTIONS SECTION 1. Selection of Officers and Terms. The chair and vice-chair shall be elected pursuant to the requirements set forth in Section 2-328 of the Santa Ana Municipal Code. Nominations for officers shall be made in person. ARTICLE III — MEETINGS SECTION 1. Time and Place. a. Regular Meetings. Regular meetings of the Commission shall be monthly, on the second Thursday of the month, held at the Council Chamber, 22 Civic Center Plaza, Santa Ana, at 5:00 p.m., as established by the Commission and in accordance with Section 2-660, et. seq. of the Santa Ana Municipal Code. Page 1 of 5 b. Special Meetings. Special meetings may be called at the direction of the Chairperson, or by a majority of the Commission members, subject to the availability of staff and subject to final approval by the City Manager. SECTION 2. Quorum. A majority of the Commission shall constitute a quorum for the action of business. SECTION 3. Order of Business. At the regular meetings of the Commission, the following will be the order of business: 1. Call to Order 2. Pledge of Allegiance 3. Public Comments 4. Consent Calendar 5. Business Calendar 6. Commissioner Requested Item (if any) 7. Work Study Session (if any) 8. Staff Presentations (if any) 9. Staff Comments 10.Commissioner Comments SECTION 4. Absences. A notification of non-attendance to the Recording Secretary by either e-mail, telephone or through message relayed by staff or other Commission member(s) may be deemed as an "excused absence" after consideration by a majority vote of the Commission. Failure to give notification of non-attendance as described herein shall be deemed as "unexcused". SECTION 5. Manner of Voting. The voting on Commission agenda items shall be entered upon the minutes of such meeting with the ayes and the noes and any abstentions set forth with specificity. SECTION 6. Discussion. Each commissioner may speak for up to five minutes on an agenda item, if he/she desires. Once all commissioners have had the opportunity to speak, commissioners may speak again for an additional three minutes when recognized by the chair. SECTION 7. Commissioner Vacancy. If a member of the Commission absents himself/herself from two (2) regular meetings of the commission, consecutively, unless by permission of the Commission expressed in its official minutes, or fails to attend at least one-half (1/2) of the regular meetings of the Commission within a calendar year, or is convicted of a crime involving moral turpitude, or ceases to be a qualified Commissioner of the city, the office shall become vacant and shall be so declared by the City Council. Canceled meetings shall not be considered when evaluating the number of meetings missed by a Commissioner.(Municipal Code Section 2-326(c)) Page 2 of 5 SECTION 8. Abstentions and Conflicts of Interest. No member of the Commission shall abstain from any vote unless disqualified. If a member of the Commission feels that he/she is disqualified from voting, the member shall openly state the fact and the nature of the disqualification, and then leave the room during the debate and vote on the matter. SECTION 9. Appointment/Removal. The Commissioners shall be subject to appointment and removal and shall serve terms in accordance with Section 2-326 of the City of Santa Ana Municipal Code. SECTION 10. The Agenda. If a Commissioner wishes to propose an item for placement on a future Meeting Agenda, the Commissioner shall prepare and submit a written memorandum describing the proposed item and consult with the Police Oversight Director and the City Manager prior to its consideration by the Commission. The memorandum shall be included for consideration at the next regular meeting as a Commissioner requested item but, if not practicable, it shall be considered at the following regular meeting. 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. SECTION 11. Processing of Motions. A motion shall be made and seconded. If any debate then follows and it is likely that there will be confusion as to the motion, the chair or any interested party should ask the Commission Secretary to read it from their notes. A motion may not be withdrawn or modified by the mover without the consent of the second. SECTION 12. Consent Items. All matters listed under consent items on the agenda are considered routine and will be acted upon by the Commission without discussion, unless any Commission member wishes to discuss the item. In that event, the chair will remove that item from the consent calendar and place it on the agenda for separate consideration. SECTION 13. Brown Act Compliance. All proceedings of the Commission, including closed-session matters, shall be conducted in accordance with the Ralph M. Brown Act (California Government Code Section 54950 et seq.), as amended from time to time. ARTICLE V. SCOPE SECTION 1. Powers and Duties. The Commission's role and authority shall be governed by Section 2-660, et seq. of the Santa Ana Municipal Code, and/or any other state or federal laws where applicable. SECTION 2. Police Oversight Director. The role and authority of the Police Oversight Director shall be governed by Section 2-660, et seq. of the Santa Ana Municipal Code, and/or any other state or federal laws where applicable. Page 3 of 5 ARTICLE VI. CONDUCT OF COMMISSIONERS SECTION 1. Enforcement. If any Commissioner is found by a majority of the Commission to be in violation of any section of these Bylaws of the Police Oversight Commission or Code of Ethics and Conduct, the Commission may, upon majority vote, take any or all of the following actions: a. Prepare a letter informing the City Council of a breach of the Bylaws and/or Code of Ethics and Conduct; and/or b. Prepare a letter to the City Council requesting action be taken to address the situation, pursuant to any applicable provision of the Santa Ana Municipal Code. SECTION 2. The City of Santa Ana Code of Ethics and Conduct. The Commission hereby adopts and incorporates by reference the Code of Ethics and Conduct, originally adopted by the City Council of the City of Santa Ana on June 2, 2008, and as may be amended from time to time by the City Council. All Commissioners shall be required to abide by the rules and regulations of said Code of Ethics and Conduct. ARTICLE VII. CONDUCT OF PUBLIC HEARINGS SECTION 1. Matters to be Considered. The Commission shall hold public hearings as mandated by law. As to each public hearing, the chair shall state the matter before the Commission, and open the public hearing. Staff presents a report, and then the chair shall then recognize any members of the public wanting to speak with regard to the matter. SECTION 2. Time Limit to Address Commission. No person addressing the Commission shall speak more than three (3) minutes All persons addressing the Commission shall be recognized by the chair and shall state their name and address prior to speaking. SECTION 3. Closing the Hearing. After all speakers have been heard, the chair shall declare the hearing closed. A closed hearing may be reopened only on motion and vote as hereinafter provided. After close of the hearing, members of the Commission may publicly discuss the matter before them and may ask questions of persons who have spoken before the Commission. Upon conclusion of the discussion, the chair shall ask for a motion declaring the decision of the Commission. The motion shall be made and seconded. Prior to a vote, the motion may be discussed by members of the Commission. ARTICLE VIII. ACTION ON ITEMS SECTION.1 Appeal of Decision. Any decision or ruling of the chair may be appealed to the Commission by request of any member. The chair shall call to see if the chair shall be upheld. SECTION -2. Processing of Motions. A motion shall be made and seconded. If any debate then follows, and it is likely that there will be confusion as to the motion, the chair Page 4 of 5 should ask the Recording Secretary to read from his/her notes. A motion may not be withdrawn by the mover without the consent of the second and the approval of the Commission. SECTION3. Motion by Chair. The chair has the right to make or second motions and, in his/her absence, when the vice-chair is acting in the same capacity, he/she has the same right, using discretion and tact as to recognition of other members. SECTION4. Priority of Motion. When a motion is before the Commission, no motion shall be entertained except (1) to adjourn, (2) to fix hour of adjournment, (3) to lay on the table, (4) for the previous question, (5) to postpone to a certain day, (6) to refer, (7) to amend, and (8) to postpone indefinitely. These motions shall have precedence in the order indicated. SECTIONS. Decision. A decision made by the Commission is made by vote of the Commission on the motion to declare the decision of the Commission. SECTION& Motion to Approve or Deny. The vote is affirmative when a motion to approve the matter before the Commission is approved by the majority. In the event a motion to deny fails to carry, the chair shall call for a motion to approve. SECTIONT Tie Vote. In the event of a tie vote on a motion, the motion shall be deemed to have failed, and the Minutes shall reflect same. SECTION& Amendment of Bylaws. The Bylaws of the Commission shall be amended only with the approval of a two-thirds (2/3) majority of members of the Commission at a regular or special meeting, and must be subsequently confirmed by majority vote of the Santa Ana City Council. SECTION9. Vote Required on Other Motions. The vote required to decide motions in the affirmative shall be the vote of more than one-half of the members of the Commission present. SECTION10. Order of Voting. When a motion has been made and seconded, the members of the Commission supporting the motion shall indicate their votes verbally or by a show of hands. SECTION11. Motion to Reconsider. Any member who voted with a majority may move a reconsideration of any action at the same time or"have entered on the minutes"for vote at the next succeeding meeting. After a motion for reconsideration has once been acted on, no other motion for reconsideration thereof shall be made without unanimous consent. SECTION12. Parliamentary Procedures. The current edition of Rosenberg's Rules of Order shall be the authority on all questions of parliamentary procedure, unless in conflict with the Santa Ana Municipal Code, the laws of the State of California or these bylaws. Page 5 of 5