Item 29 - Police Oversight Commission Ordinance Amendment

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Ordinance No. NS-XXX Page 10 of 14 (2) in-custody deaths; (3) uses of force that resulted in great bodily injury of a person; (4) prejudice or discrimination involving a protected class; (5) dishonesty; (6) sexual assault; (7) unlawful arrest or unlawful search; (8) unreasonable or excessive force; (9) failure to intervene against another officer using force that is clearly unreasonable/excessive; or (10) unlawful activities/conduct that interferes with First Amendment assemblies. In addition to conducting investigations of complaints, tort claims, and/or lawsuits alleging the type of misconduct set forth in section 2-665(b), the Independent Oversight Director shall also have the independent authority to periodically request and review 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 great bodily injury was caused by direct police action. No investigations(c) The Police Oversight Director shall review and refer to the Chief of Police or its designee timely filed/submitted complaints for the Chief of Police to review and initiate an Internal Affairs investigation. In the event there is a pending Internal Affairs Investigation of police misconduct for the categories outlined in Section 2-665(b) and (c), the Internal Affairs investigation shall take priority pursuant to Government Code Section 3304(d)(1) [within one year of the public agency’s discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct.] Prior to the final determination by the Chief of Police, the Internal Affairs investigation shall be forwarded to the Police Oversight Director for review, analysis and recommendation to the Commission. Within 45 calendar days from the receipt and at the conclusion of the review by the Commission, the Police Oversight Director shall submit a report with the Commission’s recommendations to the Chief of Police. The Chief of Police shall make best efforts to wait for recommendation(s) from the Commission prior to rendering a final decision, unless doing so would compromise the statute of limitations as set forth in Government Code 3304(d). (d) No review of completed Internal Affairs Investigations shall be commenced on any incidents that occurred prior to the effective date of the Ordinance enacting this Division. Any review of historical data or incidents must comply with all federal, state and local laws, including, but not limited to, Government Code Section 3303, et seq., Penal Code Sections 832.5, 832.7 and 832.8, Evidence Code Sections 1043 through 1046, Chapter 9, Article V of the Santa Ana Municipal Code, the MOU that applies to the impacted member and Santa Ana Police Department's policies and procedures.