Agenda Packet_2022-10-18 - Laserfiche WebLink

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Sec. 2-622. — Appointment and role of an Independent Oversight Director (a) The City Council does hereby authorize the appointment of an Independent Oversight Director (referred to as Oversight Director in this Section) pursuant to City Charter Section 1100 and in accordance with this Section 1100 shall appoint the Oversight Director. The Oversight Director may be engaged through a professional services agreement or may be hired as a City employee at the discretion of the City Council. (b) The Oversight Director shall assist the Commission in performing its duties and exercising its powers. (c) The Oversight Director shall, in accordance with this division, when directed by the Commission after receiving a complaint covered by this division, conduct investigations of complaints from members of the public alleging: the use of unreasonable force, discrimination, lack of officer veracity, sexual harassment, and/or sexual assault by on - duty police officers of the Santa Ana Police Department and all incidents involving the discharge of a firearm at a person by a Santa Ana police officer, and/or when death or serious bodily injury results from direct police action. In addition to conducting investigations related to complaints, the Oversight Director shall also have the independent authority to periodically request and review general citizen complaints and "use of force" reports or other pertinent documents maintained by, or available to, the Chief of Police to determine whether death or serious bodily injury has been caused by direct police action. No investigations shall be commenced on any incidents that occurred prior to the effective date of the Ordinance adopting this division. (d) The Oversight Director shall conduct all audits and investigations in a fair, objective, impartial and ethical manner, and shall comply with the Public Safety Officers Procedural Bill of Rights (Government Code Sections 3300, et seq.) in interviewing police officers. The Oversight Director shall prepare a written report of each investigation that will constitute the public record and may discuss confidential or privileged information with the Commission in a properly notice closed session. Report shall comply with the provisions of Penal Code Sections 832.5 and 832.7 and Evidence Code Sections 1043 and 1046. After review by the Commission the public record of the investigation shall be posted on the public website for the Commission within thirty (30) days. All disclosures of investigations conducted by the Oversight Director shall comply with California Penal Code Sections 832.5 and 832.7 and California Evidence Code Sections 1043 and 1046, as amended from time to time. The Oversight Director may discuss findings with the Commission and/or the public in strict compliance with California Penal Code Sections 832.5 and 832.7 and California Government Code Sections 3300, et seq. (e) The City Manager or their designee shall assist with advertising the position of Oversight Director and shall prepare the necessary documents to engage the Oversight Director. The City Council shall review all qualifying applications and select no more than three applicants to interview for the role of Oversight Director. The Commission 5539461Q tNNfi6il1 22 — 10 10/18/2022