HomeMy WebLinkAbout2026-001 - Police Oversight Commission Bylaws RESOLUTION NO. 2026-001
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 3d day of February, 2026.
Va rie A ezcu
ay r
Resolution No. 2026-001
Page 1 of 7
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By:
Jonathan T. Markin z
Assistant City Attorney
AYES: Councilmembers Amezcua, Bacerra, Hernandez, Lopez,
Penaloza Phan Vazquez 7
NOES: Councilmembers None (0)
ABSTAIN: Councilmembers None 0
ABSENT: Councilmembers None 0
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution
No. 2026-001 to be the original resolution adopted by the City Council of the City of San#
Ana on February 3, 2026. M
Date:
nnifer L. H
City Clerk
anta na
Resolution No. 2026-001
Page 2 of 7
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 of the Chair or Vice Chair. 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 City 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 Resolution No, 2026-001
Page 3 of 7
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))
Resolution No.2026-001 Page 2 of 5
Page 4 of 7
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
Resolution No. 2026-001
Page 5 of 7
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.
Page 4 of 5
Resolution No, 2026-001
Page 6 of 7
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 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.
SECTION 3. 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.
SECTION 4. 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.
SECTION 5. 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 6. 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.
SECTION 7. 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 8. Amendment of Bylaws. The Bylaws of the Commission shall be amended only
with the approval of a two-thirds (213) 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.
SECTION 9. 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.
SECTION 10. 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.
SECTION 11. 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.
SECTION 12. 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
Resolution No. 2026-001
Page 7 of 7
PAGE INTENTIONALLY LEFT BLANK