HomeMy WebLinkAboutCORRESPONDENCE - 85ACity Council Meeting Correspondence
10/1/2019
DISCUSS AND DIRECT THE CITY MANAGER TO DIRECT STAFF TO CONSIDER ESTABLISHING A
POLICE OVERSIGHT COMMISSION
EI
Date of Name
Correspondence
1 10/1/2019 Tracy La
2 10/1/2019 Roberto Herrera
Representative of
VietRISE
Resilience Orange County
In Favor In Opposition
of RA*. of RA.*
Yes
Yes
3 10/1/2019 Erik Garcia ACLU of Southern California, Yes
Orange County Office
3
TOTAL: 3
*RA - Recommended Action
Tuesday, October 01, 2019
Comment
Page 1 of 1
October 1, 2019
Mayor Pulido and City Council Members
City of Santa Ana
22 Civic Center Plaza
Santa Ana, CA 92701
RE: Agenda Item #85A: Discuss and Direct the City Manager to Direct Staff to Consider
Establishing a Police Oversight Commission
Dear Mayor Pulido and City Council Members:
On behalf of VietRISE, I urge you to take action to establish a police oversight commission
to ensure civilian oversight of the Santa Ana Police Department, maintain accountability,
promote transparency, and promote public safety. The City should be proactive and commit
to ensuring the livelihoods of our residents are protected by adopting a city police oversight
commission with the following principle with the powers to, among others:
1. Independent board membership.
a. Board members and staff must be independent and impartial, and be removable only for cause.
b. Board members and staff must exclude current and former City, Department, and Association
employees and employees of other government entities.
c. Board members and staff must include representatives from communities most affected by police
practices.
2. Broad scope to review complaints and other incidents.
a. Members must be able to investigate and make formal judgments on the most serious issues
relating to civil rights and civil liberties, including but not limited to death in custody, deadly or
excessive use of force, and abuse of authority.
b. Members must have authority to review serious incidents, such as use of force whether or not
someone has filed a complaint.
3. Independent investigatory authority.
a. The board must have the ability to subpoena witnesses and documents, including police
disciplinary documents, video and audio footage, and other relevant materials.
b. The board must be guaranteed complete and prompt access to all Police Department documents,
information, or testimony.
4. Ensuring accountability.
a. Outcomes of board investigations must be public and in writing.
b. Findings of fact must be binding on the Police Department. Only when a clear error has been
made could the Chief depart from these findings.
c. The Board must have a role in officer discipline, such as by making determinations under a pre -
negotiated matrix developed by the Council and board. The matrix must also specify the
circumstances in which a Police Department employee must be removed from active duty,
H
Since then, the Santa Ana Police Department has operated without any oversight, resulting in a
series of police misconduct incident with little to no accountability.
Santa Ana Police Department (SAPD) remains one of the leading agencies in Orange County for
total number of fatal incidents and police shootings per residents. From 2006-2016, SAPD has
had 27 fatal shootings, and a death capital of 27 shootings per 324,528 resident. These
incidents have cost the city millions in settlements, instead of addressing changes in policy
and accountability to prevent these fatalities.
50 years since CORE made the case for one, Santa Ana remains without a civilian review board.
The discussion around police oversight started anew after 2016 when the city agreed to two
costly settlements in officer -involved shooting cases that cost residents $6.8 million. To this day,
the city has not taken action.
Police oversight commissions help address and ensure accountability and transparency is vital
among police departments. A variety of cities such as Chicago, Newark and Oakland have
adopted such mechanisms, which help address tensions between communities and police.
The President's Task Force on 21 st Century Policing, signed as an Executive Order by President
Obama, recommends that some "form of civilian oversight is important in order to strengthen
trust with the community" (recommendation 2.8)2 It is imperative that the Santa Ana City
Council take action to address the lack of accountability and oversight of our police department
with the establishment of a police oversight commission.
We look forward to partnering with the City to promote public safety by ensuring civilian
oversight and accountability. Please keep us informed of any updates and meetings regarding
the City's action to effectively address oversight of our police.
Sincerely,
Tracy La
Executive Director
VietRISE
2 https://cops.usdoj.gov/pdf/taskforce/taskforce_finaIreport.pdf
October 1, 2019
Mayor Pulido and City Council Members
City of Santa Ana
22 Civic Center Plaza
Santa Ana, CA 92701
RE: Agenda Item #85A: Discuss and Direct the City Manager to Direct Staff to Consider
Establishing a Police Oversight Commission
Dear Mayor Pulido and City Council Members:
On behalf of Resilience Orange County, I urge you to take action to establish a police
oversight commission to ensure civilian oversight of the Santa Ana Police Department,
maintain accountability, promote transparency, and promote public safety. The City should
be proactive and commit to ensuring the livelihoods of our residents are protected by adopting a
city police oversight commission with the following principle with the powers to, among others:
1. Independent board membership.
a. Board members and staff must be independent and impartial, and be removable only for cause.
b. Board members and staff must exclude current and former City, Department, and Association
employees and employees of other government entities.
c. Board members and staff must include representatives from communities most affected by police
practices.
2. Broad scope to review complaints and other incidents.
a. Members must be able to investigate and make formal judgments on the most serious issues
relating to civil rights and civil liberties, including but not limited to death in custody, deadly or
excessive use of force, and abuse of authority.
b. Members must have authority to review serious incidents, such as use of force whether or not
someone has filed a complaint.
3. Independent investigatory authority.
a. The board must have the ability to subpoena witnesses and documents, including police
disciplinary documents, video and audio footage, and other relevant materials.
b. The board must be guaranteed complete and prompt access to all Police Department documents,
information, or testimony.
4. Ensuring accountability.
a. Outcomes of board investigations must be public and in writing.
b. Findings of fact must be binding on the Police Department. Only when a clear error has been
made could the Chief depart from these findings.
c. The Board must have a role in officer discipline, such as by making determinations under a
pre -negotiated matrix developed by the Council and board. The matrix must also specify the
V
circumstances in which a Police Department employee must be removed from active duty,
pending an investigation by the board and/or the Police Department. The board can also help
ensure the availability of adequate support for officers in parallel and independent from discipline.
d. Evidence of criminal activity must also be referred for potential prosecution.
e. The board must possess the power to remove the Police Chief for cause (such as failure to
cooperate with the board) and be involved in appointing the Police Chief,
5. Power to audit, issue recommendations, and set policy.
a. The board must also have authority to audit practices, policies, and procedures of the Police
Department.
b. On the basis of such audits, the board must be empowered to set and change Police Department
policies as well as consult in hiring, training, and collective bargaining.
c. The board must have the power to review and make recommendations regarding the Police
Department budget and budgeting process.
6. Secure funding.
a. The board's funding must be protected to ensure its independence, for example, by setting the
board's budget at a fixed percentage of the Police Department's budget or in proportion to the size
of the force.
b. The board budget must support appropriate board staffing and training on the requirements of
constitutional policing and Police Department policies.
7. Due process protections for police officers.
a. Officers who are accused of misconduct must have the full range of due process protections in the
investigatory and disciplinary process, including Skelly rights and the rights to access to counsel,
to a hearing, and to an appeal. Officers must be permitted to view the evidence presented against
them, to testify, and to offer statements to defend against misconduct allegations.
b. The board must employ a preponderance of the evidence standard.
8. Community engagement and public access and reporting.
a. The board itself must publicize regular written reports and publicly produce data regarding police
practices, such as crime data and data on the use of force, stops, and arrests, as well as details
regarding complaints and settlements.
b. The board must also hold regular public meetings, which must be webeast and recorded, to
summarize findings and engage with community members.
c. The board itself should be accountable to the public.
These goals are drawn from good practices and oversight mechanisms in place in other cities — for example in
Chicago, Newark, and Oakland.
The establishment for a police oversight commission has been long overdue. The first demand
for police oversight was presented by the Orange County Congress of Racial Equity (CORE)
during a Santa Ana City Council meeting in September 1965. Chairman Oree Dyes described the
police oversight commission as "some type of mechanism, controlled by civilians, to investigate
and process charges of police brutality lodged by citizens of the community." The demand was
rejected.
Since then, the Santa Ana Police Department has operated without any oversight, resulting in a
series of police misconduct incident with little to no accountability.
Santa Ana Police Department (SAPD) remains one of the leading agencies in Orange County for
total number of fatal incidents and police shootings per residents. From 2006-2016, SAPD has
had 27 fatal shootings, and a death capital of 27 shootings per 324,528 resident. These
incidents have cost the city millions in settlements, instead of addressing changes in policy
and accountability to prevent these fatalities.
50 years since CORE made the case for one, Santa Ana remains without a civilian review board.
The discussion around police oversight started anew after 2016 when the city agreed to two
costly settlements in officer -involved shooting cases that cost residents $6.8 million. To this day,
the city has not taken action.
Police oversight commissions help address and ensure accountability and transparency is vital
among police departments. A variety of cities such as Chicago, Newark and Oakland have
adopted such mechanisms, which help address tensions between communities and police.
The President's Task Force on 21 st Century Policing, signed as an Executive Order by President
Obama, recommends that some "form of civilian oversight is important in order to strengthen
trust with the community" (recommendation 2.8)2 It is imperative that the Santa Ana City
Council take action to address the lack of accountability and oversight of our police department
with the establishment of a police oversight commission.
We look forward to partnering with the City to promote public safety by ensuring civilian
oversight and accountability. Please keep us informed of any updates and meetings regarding
the City's action to effectively address oversight of our police.
Sincerely,
Roberto Herrera
Director of Community Engagement
Resilience Orange County
' https://ocweekly.com/demands-for-santa-ana-police-oversight-are-nothing-new-8215041/
2 https://cops.usdoj,gov/pdf/taskforce/taskforce_finalreport.pdf
Orozco, Norma
From: Erik Garcia <
Sent: Tuesday, October 01, 2019 3:11 PM
To: Gomez, Daisy, eComment
Cc: Jennifer Rojas; Peter Bibring
Subject: 85A Police Oversight Letter of Support
Attachments: Letter to Santa Ana Mayor and City Council_ Civilian Oversight.pdf
Two years ago, the ACLU of Southern California along with other community organizations submitted the
attached letter encouraging The City of Santa Ana to establish meaningful and effective oversight of its police
department.
Democracy is built on a system of checks and balances. Police are conferred the most power of any public
employee: the power to take human life. The need for oversight is particularly profound for police due
to the secrecy built in to state law regarding police misconduct and use of force.
We believed then and continue to believe that an effective and meaningful oversight board needs to have
the authority to independently investigate critical incidents, policies, and practices. Moreover, the board
must inform the public on their findings and recommendations. The body requires total investment from the
city. This means adequate funding and staff time to ensure the efficiency of the board's operations.
Thanks,
Erik Garcia (He/Him/His), Community Engagement & Policy Advocate
ACLU of Southern California, Orange County Office
May 2, 2017
Santa Ana Mayor and City Council
22 Civic Center Plaza
Santa Ana, CA 92701
Dear Members of the City Council:
The undersigned organizations strongly support efforts by the City Council to develop an
independent civilian review board in Santa Ana. We write to stress that the overall goal of such a
civilian oversight board must be to maintain accountability, promote transparency, and promote
public safety. We believe that this is only possible if the board is developed in partnership with
community members, including those who have been most affected by the Police Department,
and if the board created reflects these eight principles:
1. Independent board membership.
• Board members and staff must be independent and impartial, and be removable only
for cause.
• Board members and staff must exclude current and former City, Department, and
Association employees and employees of other government entities.
• Board members and staff must include representatives from communities most
affected by police practices.
2. Broad scope to review complaints and other incidents.
• Members must be able to investigate and make formal judgments on the most serious
issues relating to civil rights and civil liberties, including but not limited to death in
custody, deadly or excessive use of force, and abuse of authority.
• Members must have authority to review serious incidents, such as use of force whether
or not someone has filed a complaint.
3. Independent investigatory authority.
The board must have the ability to subpoena witnesses and documents, including
police disciplinary documents, video and audio footage, and other relevant materials.
The board must be guaranteed complete and prompt access to all Police Department
documents, information, or testimony.
4. Ensuring accountability.
• Outcomes of board investigations must be public and in writing.
• Findings of fact must be binding on the Police Department. Only when a clear error
has been made could the Chief depart from these findings.
• The Board must have a role in officer discipline, such as by malting determinations
under a pre -negotiated matrix developed by the Council and board. The matrix must
also specify the circumstances in which a Police Department employee must be
removed from active duty, pending an investigation by the board and/or the Police
Department. The board can also help ensure the availability of adequate support for
officers in parallel and independent from discipline.
• Evidence of criminal activity must also be referred for potential prosecution.
• The board must possess the power to remove the Police Chief for cause (such as
failure to cooperate with the board) and be involved in appointing the Police Chief.
5. Power to audit, issue recommendations, and set policy.
The board must also have authority to audit practices, policies, and procedures of the
Police Department.
On the basis of such audits, the board must be empowered to set and change Police
Department policies as well as consult in hiring, training, and collective bargaining.
The board must have the power to review and make recommendations regarding the
Police Department budget and budgeting process.
6. Secure funding.
• The board's funding must be protected to ensure its independence, for example, by
setting the board's budget at a fixed percentage of the Police Department's budget or
in proportion to the size of the force.
• The board budget must support appropriate board staffing and training on the
requirements of constitutional policing and Police Department policies.
7. Due process protections for police officers.
Officers who are accused of misconduct must have the full range of due process
protections in the investigatory and disciplinary process, including Skelly rights and
the rights to access to counsel, to a hearing, and to an appeal. Officers must be
permitted to view the evidence presented against them, to testify, and to offer
statements to defend against misconduct allegations.
The board must employ a preponderance of the evidence standard.
8. Community engagement and public access and reporting.
• The board itself must publicize regular written reports and publicly produce data
regarding police practices, such as crime data and data on use of force, stops, and
arrests, as well as details regarding complaints and settlements.
• The board must also hold regular public meetings, which must be webcast and
recorded, to summarize findings and engage with community members.
• The board itself should be accountable to the public.
These goals are drawn from good practices and oversight mechanisms in place in other cities —
for example in Chicago, Newark, and Oakland.
Creating a civilian oversight board will enable this Council to demonstrate to the public its
concern and commitment to a constitutional, accountable, effective, and transparent Police
Department in Santa Ana.
Thank you.
American Civil Liberties Union of Southern California
Anaheim Community Coalition
Asian Americans Advancing Justice, Orange County
Chican@s Unidos de Orange County
Resilience Orange County