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Agenda Packet_2025-07-15
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Agenda Packet_2025-07-15
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7/15/2025
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(2) in GUstedy deaths; <br />that <br />f a norsen• <br />(3) uses resulted ea <br />(4 ) dii/+o��SaFim�ation involving a prnteEtedGQYr <br />(5) dishonocfir <br />.ruur� <br />(6) sexual assault; <br />(7) i inlawf it arrestor unlawful sea Gh <br />(8) URreasenahr�u�;e erexGesOrGe; <br />failure to intervene <br />ferGe that is Glear4y <br />Forst Amendment <br />(9) against another offiGer using <br />un,rea C�hbrle/e Vfiess1\/ ; e <br />that iRterferes <br />(10) unlawf-1 aGtivities/GendUGt with <br />assemblies-. <br />1 tGFt 1 <br />alleging the type of misGonduGt set forth On section 2 665(b), the independent <br />Oversight Dirontnr shall also have the independent a ithnrity to noriedinall <br />request and review E;itizen complaints and nuse of n <br />reports or other <br />pertinent dOG imonts maintained by, or available to, the Chief of Dnlino to <br />determine whether death or great bedily injury was Gaused by direGt police <br />antien Alp inyestigatiop (c) The Police Oversight Director shall review and <br />refer to the Chief of Police or its designee timely filed/submitted complaints <br />for the Chief of Police to review and initiate an Internal Affairs investigation. In <br />the event there is a pending Internal Affairs Investigation of police misconduct <br />for the categories outlined in Section 2-665(b) and (c), the Internal Affairs <br />investigation shall take priority pursuant to Government Code Section <br />3304(d)(1) [within one year of the public agency's discovery by a person <br />authorized to initiate an investigation of the allegation of an act, omission, or <br />other misconduct.] Prior to the final determination by the Chief of Police, the <br />Internal Affairs investigation shall be forwarded to the Police Oversight Director <br />for review, analysis and recommendation to the Commission. Within 45 <br />calendar days from the receipt and at the conclusion of the review by the <br />Commission, the Police Oversight Director shall submit a report with the <br />Commission's recommendations to the Chief of Police. The Chief of Police <br />shall make best efforts to wait for recommendation() from the Commission <br />prior to rendering a final decision, unless doing so would compromise the <br />statute of limitations as set forth in Government Code 3304(d). <br />(d) No review of completed Internal Affairs Investigations shall be commenced <br />on any incidents that occurred prior to the effective date of the Ordinance <br />enacting this Division. Any review of historical data or incidents must comply <br />with all federal, state and local laws, including, but not limited to, Government <br />Code Section 3303, et seq., Penal Code Sections 832.5, 832.7 and 832.8, <br />Evidence Code Sections 1043 through 1046, Chapter 9, Article V of the Santa <br />Ana Municipal Code, the MOU that applies to the impacted member and Santa <br />Ana Police Department's policies and procedures. <br />Ordinance No. NS-XXX <br />Paga in of 14 <br />City Council 15 — 13 7/15/2025 <br />
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