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65D - POLICE OVERSIGHT
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65D - POLICE OVERSIGHT
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12/15/2020 9:07:00 AM
Creation date
12/15/2020 9:01:38 AM
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City Clerk
Doc Type
Agenda Packet
Agency
City Manager's Office
Item #
65D
Date
12/15/2020
Destruction Year
2025
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ANAHEIM Response to Police Review Board <br />POLICEOctober zoigReport I z <br />presentations and input as requested. Further, APD has brought forward ideas and suggestions <br />which have proven beneficial to the board members including hands-on use of force training and <br />deadly force simulated training. In addition, APD has provided prompt and detailed debriefs of <br />critical incidents to ensure the PRB is provided as much information as is possible without <br />jeopardizing ongoing investigations. <br />Consistent with reports submitted by OIR examining critical incidents, internal affairs and other <br />department operations, the department is using this document to formally respond to each of the <br />recommendations presented by PRB in its annual report. <br />Recommendation is Timing of Interviews after Critical Incident <br />In order to promote the integrity of investigations in the aftermath of a shooting or in -custody <br />death, and in the absence of extraordinary circumstances (such as severe injury to the officer), the <br />Department should ensure that a subject or witness officer provides an interview statement prior to <br />the end of the relevant shift. <br />In the interest of seeking an independent and neutral investigation to determine whether the actions <br />of involved officers) during the application of deadly force were lawful, AP requests the Orange <br />County District Attorney (CCDA) to conduct the criminal investigation of officer involved shootings <br />and custodial deaths. Since the OCDA may not compel a statement from an involved officer, it is in <br />the interest of both agencies that a voluntary statement be obtained in order to assemble the best <br />and most comprehensive evidence of the event to determine its lawfulness. Consistent with the best <br />practice guidelines adopted by the International Association of Chiefs of Police supported by <br />academic research demonstrating that individuals have a more inclusive and accurate recall of a <br />traumatic incident after a period of rest, APD does not object to the involved employee waiting to <br />provide a voluntary statement to the OCDA. <br />While it would certainly be within the department's authority to compel an administrative statement <br />from the involved personnel the date of the incident, it is the position of the department this practice <br />would serve as a disincentive to the officers in providing a voluntary criminal statement to OCDA. <br />Finally, it is important to note the department will compel a statement within seven (7) days of the <br />incident, regardless of the status of the criminal investigation concurrently underway. <br />Recommendation z: Hiring/Assignment after an Officer -Involved Shooting <br />a. When considering the applications of lateral hires to the agency, the Department should review <br />prior deadly force incidents and take them into careful consideration before offering employment — <br />particularlyfor individuals with more than one officer -involved shooting. <br />65D-70 <br />
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