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together in faith,forward for justice
July 29, 2022
Mayor Sarmiento and City Councilmembers
20 Civic Center Plaza
Santa Ana, CA 92701
ecommentgsanta-ana.org
Via Email
RE: Police Oversight Ordinance Letter of Support
Dear Mayor Sarmiento and City Councilmembers,
The undersigned organizations write to express our strong support of the model
Police Oversight Ordinance, attached in the appendix of this letter. In response to unjustified
use of excessive and deadly force against civilians by the Santa Ana Police Department, Santa Ana
residents and community-based organizations are advancing the call, originating in 1965, for the
City Council to establish robust civilian oversight.' Meaningful civilian oversight can only be
enacted through a clear and detailed policy that provides direction for the structure, scope of
authority, duties, staffing, funding, access to records, community engagement, and public
reporting.
It is imperative that the City of Santa Ana establish a comprehensive, effective, and fully
funded civilian oversight model with a clearly defined scope and authority to prevent, intervene,
and investigate police misconduct and violence. An ineffectual and powerless civilian oversight
model will be far more detrimental to the residents of Santa Ana than simply not having any
civilian oversight, as it will give the false impression that meaningful accountability and
investigation into police misconduct is occurring and potentially stall more effective reform
methods.
I San Roman,Gabriel. (2017,June 29)."Black Civil Rights Groups Asked for Santa Ana Police Oversight 52 Years
Ago."OC Weekly.https://www.ocweekly.com/demands-for-santa-ana-police-oversight-are-nothing-new-8215041/
Recognizing the importance of robust civilian oversight and encapsulating feedback from
hundreds of Santa Ana residents in the city-led police oversight survey,2 the City Council Ad Hoc
Committee on Police Oversight in April 2022 recommended a hybrid investigation-focused and
auditor/monitor focused model. The attached Police Oversight Ordinance effectively accomplishes
the Ad Hoc's recommendation. We urge the City Council to pass the community-driven
ordinance language, which would establish the robust model of civilian oversight that has
been denied to Santa Ana residents for nearly six decades. The residents of Santa Ana deserve
to live free of police misconduct and violence. Passing the attached Police Oversight Ordinance is
an important step forward in making that a reality.
Sincerely,
Chicanx Unidx
Orange County Congregation Community Organization (OCCCO)
Orange County Communities Organized for Responsible Development(OCCORD)
Resilience Orange County
CC: VSarmiento2santa-ana.org
PBacerra(2santa-ana.org
TPhan(2santa-ana.org
DPenalozagsanta-ana.org
JessieLopez2santa-ana.org
JRyanHernandez2santa-ana.org
NMendozaksanta-ana.org
2 Kopetman,Roxana.(2021,August 3)."Santa Ana to Host Virtual Forum on Police Oversight." The Orange
County Register.hops://www.ocregister.com/2021/08/03/santa-ana to-host-virtual-forum-on-police-oversight/
Appendix
Police Oversight Ordinance
Santa Ana Civilian Oversight Ordinance
ORDINANCE NO. XXXXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA [AMENDING OR ADDING
CHAPTER/TITLE], ESTABLISHING THE SANTA ANA COMMUNITY OVERSIGHT BOARD AND SANTA ANA
OFFICE OF ACCOUNTABILITY AND TRANSPARENCY.
PREAMBLE
WHEREAS, the residents of the City of Santa Ana are concerned about public safety
issues and have expressed their concern through various means of civil engagement, including
participation in community forums on civilian oversight and widespread protests in 2020 as part
of the national movement for racial justice and police accountability;
WHEREAS, there have been serious incidents of police misconduct by the Santa Ana
Police Department (hereinafter Police Department or Department), including but not limited to
the use of excessive force, unnecessary use of deadly force, abuse of authority, bribery, and
harassment;
WHEREAS, the Police Department has killed Brandon Lopez, Steve Salgado, Richard
Gene Swihart, Ernesto Canepa, and several more Santa Ana community members;
WHEREAS, the settlement of lawsuits related to police misconduct by Police
Department has cost the City of Santa Ana roughly $24 million in the last decade;
WHEREAS the public has a right to transparency on issues concerning police misconduct,
officer-involved shootings, and other serious uses of force.
WHEREAS, concealing crucial public safety matters, such as officer violations of civilians'
rights or inquiries into deadly use of force incidents, endangers public safety and undercuts the
public's faith in the legitimacy of law enforcement, making it harder for tens of thousands of
police officers to do their jobs;
WHEREAS, it is incumbent that City Council and Mayor of the City of Santa Ana ensure
that the Police Department treats community members with dignity, respect, and the
Department conforms to national standards of constitutional policing;
WHEREAS, the City Council and Mayor of the City of Santa Ana are committed to
protecting the rights of all community members in Santa Ana, regardless of their status under
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federal immigration law and to implementing the provisions of the Santa Ana Sanctuary City
Ordinance;
WHEREAS, the establishment of democratic governance over the Police Department
through the Santa Ana Police Community Oversight Board and Office of Accountability and
Transparency would create a more professional, well-managed, ethical, and properly
functioning Police Department;
WHEREAS, the residents of the City of Santa Ana, whom the Police Department serves,
should be able to rely on an impartial, effective, and adequately resourced Santa Ana Police
Community Oversight Board to conduct objective, thorough, and independent investigations
into the matters within the office's jurisdiction;
WHEREAS, the City Council and Mayor of the City of Santa Ana (hereinafter, Mayor) are
committed to providing the resources needed to properly investigate allegations of abusive
police practices, police misconduct, officer-involved shootings, and other serious uses of force.
Thus, it is necessary to ensure the personnel who conduct investigations have the requisite
expertise, establish the credibility of the investigations, and inspire the community's confidence
in their quality and independence.
THEREFORE, New Article X is hereby added to Chapter X of the Santa Ana Municipal
Code to read in full as follows:
Sec. X. Purpose and Intent
The purpose and intent of this Article is to establish civilian oversight over the Santa Ana
Police Department, specifically establishing the Santa Ana Police Community Oversight Board
(hereinafter, Board) and the Office of Accountability and Transparency (hereinafter, OAT). The
purpose and intent of the Board is to ensure the Santa Ana Police Department (hereinafter,
Police Department) is accountable to the residents of Santa Ana and that Police Department
policies, practices, and customs conform to national standards of constitutional policing. The
purpose and intent of the OAT is to provide to the Board, Chief of the Police Department, and
City Manager independent investigations and analyses of police practices, police misconduct,
officer-involved shootings, and other serious uses of force.
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Sec. X.1 Establishment of the Community Oversight Board
The Community Oversight Board shall serve as a permanent Board in the City of Santa Ana that
shall oversee the Police Department.The Board shall have the jurisdiction to:
1. Receive, investigate, hear, make findings, and recommend action regarding all
complaints filed against members of the Police Department, including but not limited to:
a. All incidents of in custody deaths or serious injury (Category I incidents).
b. Use of force, including force involving physical techniques or tactics, chemical
agents, or weapons.
c. Police Department pursuits that result in collision or injury.
d. Misconduct and public complaints including, but not limited to, excessive use of
force, dereliction of duty to intercede during a use of force incident, abuse of
authority, coercion, verbal abuse (including, but not limited to, slurs relating to
race, ethnicity, religion, gender, sexual orientation, and disability), and
discriminatory behavior.
e. Civil rights violations including, but not limited to, unlawful stop or arrest,
improper search or seizure of either individuals or property, unlawful denial of
access to counsel, and interference with First Amendment assemblies,
association, or expression.
f. Conduct that bears on the credibility of officers or demonstrates moral
turpitude, I, including perjury, false statements, filing false reports, destruction,
falsifying, or concealing of evidence.
g. Criminal conduct involving theft, bribery, racketeering, trafficking, sexual assault,
or domestic violence.
2. Oversee, organize, and reorganize the OAT, which is the investigative arm of the Board,
including the selection of the OAT Director and OAT Legal Counsel.
3. Review all OAT and Police Department records necessary to make recommendations on
hiring, training, operations, policy, and practice to the Police Chief, City Manager, and
City Council.
a. The Board's functions include, but are not limited to, reviewing calls for service
and making recommendations on alternative response programs for police
interactions including, but not limited to, mental health crises, intimate partner
violence, community violence, people experiencing homelessness, people with a
substance use disorder, and people impacted by natural or climate disasters.
4. Oversee OAT investigations of alleged police practices, police misconduct, officer-
involved shootings, and other serious uses of force by sworn officers of the Police
Department.
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5. Conduct investigations into violations of the Santa Ana Sanctuary City Ordinance,
including (i) use of City funds, resources, facilities, property, equipment, or personnel to
assist in the enforcement of federal immigration law or (ii) the provision of non-public
information to federal authorities about any person for immigration purposes.
6. Conduct public hearings on Police Department practices and make policy
recommendations to the City Council.
7. Appoint a member to appear before the [Committee on Finance or relevant committee]
at which proposed settlements of lawsuits and controverted claims against the Police
Department or its members are submitted for approval or review, and subject to any
applicable legal constraints regarding confidentiality, provide a report on any and all
investigations involving Police Department members who are named parties to said
lawsuits or controverted claims or Police Department policies or practices at issue.
8. Appoint a member to appear and be heard by the Personnel Board or other arbitration
body regarding the work and determinations of the Board.
Sec. X.2 Appointment, Terms, Vacancies, and Removal from
the Board
Sec. X.2.1[Diversity Commitments]
1. The Board shall consist of nine (9) members and two (2) alternates who demonstrate a
deep understanding of the needs of the community and the City of Santa Ana's ethnic
and socio-economic diversity.
a. All Board members shall be Santa Ana residents.
b. The Board shall include individuals who have been subject to police misconduct
or police violence, including surviving family members of a person killed by
police officers.
c. The Board shall include at least one (1) youth member who is eighteen (18) to
twenty-five (25) years old.
d. To the extent practicable, appointments to the Board shall be representative of
the communities most affected by and with the most frequent contact with the
Police Department.
e. To the extent practicable, appointments to the Board shall be broadly
representative of the City of Santa Ana's racial, gender, sexual orientation,
immigration status, economic, and religious diversity.
f. To the extent practicable, appointments to the Board shall be broadly
representative of Santa Ana's diversity and shall include members with
knowledge and/or experience in the fields of human resources practices,
management, policy development, auditing, law, investigations, social services,
civil rights, and civil liberties.
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2. Federal immigration status and criminal convictions shall not be considered in
connection with appointments to the Board.
3. The Board will develop protocols to ensure that Board staff are representative of all
areas and groups within the City of Santa Ana, and in particular, communities
experiencing the most frequent contact with the Police Department.
4. The following individuals shall not be eligible to serve as a Board member:
a. Current or former sworn police officers or their immediate family members;
b. Current or former police department civilian employees;
c. Current or former employees, contractors, officials or representatives of a union
or an employee association representing sworn police officers; or
d. Current or former employee or officials of a district attorney or prosecutor's
office.
Section X.2.2 [Appointment Process]
Board members shall be appointed as follows:
1. The Board Member Selection Panel (hereinafter, Selection Panel), with the assistance of
the City Manager, shall solicit applications from those eligible and willing to serve on the
Board. The Selection Panel will review the applications and interview applicants to serve
as members of the Board.
2. The Selection Panel shall consist of seven (7) members. Within ninety (90) days of the
enactment of this Section, each City Council member shall appoint one (1) person, and
the Mayor shall appoint one (1) person, to the Selection Panel.
a. Selection Panel appointments shall be made based on the following criteria:
i. Resident of the City of Santa Ana.
ii. Demonstrated commitment to civil and human rights.
iii. Demographic representation.
iv. Demonstrated record of advocating for police oversight and
accountability.
b. The following individuals shall not be eligible to serve as a Selection Panel
member:
i. Current or former sworn police officers or their immediate family
members;
ii. Current or former police department civilian employees;
iii. Current or former employees, contractors, officials or representatives of
a union or an employee association representing sworn police officers;
or;
iv. Current or former employee or officials of a district attorney or
prosecutor's office.
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3. Within one hundred and twenty (120) days of its formation, the Selection Panel, by a
two-thirds (2/3) vote, shall submit a slate of nominees consisting of nine (9) regular
members and two (2) alternate members to the City Council.
4. The City Council may require the nominees for the Board to appear before the City
Council or a Committee of the City Council. If the City Council does not accept or rejects
the slate of nominees in its entirety within sixty (60) days after submission by the
Selection Panel, the nine (9) regular members and two (2) alternate members shall be
deemed appointed.
5. Every two years, or as needed to fill vacancies, a Selection Panel shall convene, as
needed, to designate replacements for the nine (9) Board members and two (2)
alternate members per this section.
a. Each year the Mayor and each City Council members may replace her or his
assigned person on the Selection Panel.
b. Selection Panel members may serve up to two (2) years.
c. Upon a vacancy on the Selection Panel, the City Council member who appointed
the Selection Panel member (hereinafter, referred to as the Appointing
Authority) shall appoint a replacement.
i. If the Appointing Authority does not appoint the replacement within one
hundred and twenty (120) days of the date of resignation, removal or
expiration of the Selection Panel member's term, the Selection Panel, by
a two-thirds (2/3) vote of those present, shall choose a replacement for
the vacancy.
ii. All such replacements must be confirmed by the City Council.
Section X.2.3 [Term of Service]
1. Board members are limited to no more than two (2) consecutive terms of no more than
4 years, except that a Board member serving a term of less than one (1) year shall be
allowed to serve two (2) additional consecutive terms.
2. To effect a staggering of terms among the Commissioners, the duration of the first
group of Commissioners shall be determined by the Selection Panel as follows:Three (3)
regular members, shall have an initial term of three (3) years; two (2) regular members
shall have an initial term of two (2) years; two (2) regular members shall have an initial
term of four (4) years.The alternate member appointed by the Selection Panel shall
have an initial term of two (2) years and the alternate member shall have an initial term
of three (3) years.
Section X.2.4 [Vacancy]
1. A vacancy on the Board shall exist whenever a member resigns, ceases to be a resident
of the City of Santa Ana, or is removed.
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2. For vacancies occurring for reasons other than the expiration of a regular member's
term, the Board shall select one of the Alternate Board Members to replace the regular
member for that regular member's remaining term of office. If the Alternate Member
chosen to replace the regular member was appointed by the Selection Panel, the
Selection Panel shall appoint another Alternate Member.
3. If a Board member has a personal relationship or association, business relationship or
association, or any other relationship or association with a party to or a witness in a case
before a panel to which such Board member has been assigned, the member shall
disclose this situation to the Board Chair and recuse themself from deliberations. The
Alternate shall take that member's position for the duration of that case.
Section X.2.5 [Stipend for Board Members]
1. To ensure that residents can serve on the Board irrespective of their economic means,
Board members are eligible to receive a stipend of$50.00 for each regular and special
Board meeting attended, three (3) meetings maximum per month, plus fifty dollars
($50.00) per month automobile allowance. Members are not obligated to accept a
stipend and may voluntarily waive their eligibility, a decision that can be changed if their
economic circumstances change.
Section X.2.6 [Removal Process]
1. The Board shall give written notice to the City Council and the Board member of their
intent to remove the Board member and the reason for the proposed removal.
a. Within ten (10) days after receipt of the notice, the Board member may file with
the City Council a request for hearing on the cause for removal.
b. If no such request is made within ten (10) days, the Board member shall be
deemed to have resigned their office as of the tenth (10) day after receipt of the
notice of intended removal.
c. If such a request is made, the City Council shall convene a hearing on the cause
for removal of the Board member, at which the Board member may appear, be
represented by counsel, and be heard.
d. The hearing shall be convened within thirty (30) days after receipt of the request
for the hearing and conclude within sixty (60) days thereafter. The Mayor's
notice of intended removal shall constitute the charge against the Board
member.
e. Removal of the Board member for cause after the hearing shall require the
affirmative vote of a majority of the members of the City Council.
2. Members of the Board may only be removed from office for Cause.
a. Cause for purposes of this section shall be defined as violation of a lawful city
policy or a state or federal law, or an inability to perform the functions required
under this chapter.
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Sec. X.3 Board Member Training
Section X.3.1 [Initial Training]
1. All Board members shall receive orientation and training as required by ordinance,
including but not limited to, orientation and training on:
a. Procedural justice, national standards of constitutional policing, and all relevant
Police Department policies and practices.
b. Police Department use of force standards and practices that includes the
outcomes and impact of police violence on individuals and community.
c. Best practices of conducting investigations, civil service laws and police union
contracts, and labor rights.
d. Implicit bias, a history of police misconduct and police bias, information and
studies on officers who engage in repeat misconduct and shootings, local
disciplinary processes, and the importance of accountability to community trust.
2. All training shall be predominantly obtained from independent, third-party bodies or
institutions that have experience with internal affairs of police departments and civilian
review investigations and audits.
Section X.3.2 [Annual Training]
1. All Board members shall receive at least sixteen (16) hours of annual continuing
education as required by ordinance, including but not limited to:
a. Changes to police operations, policies, and procedures.
b. National standards of constitutional policing.
c. Civil rights, common police misconduct and civil rights violations, and its impact.
d. Collective bargaining and arbitration.
2. All training shall be predominantly obtained from independent, third-party bodies or
institutions that have experience with internal affairs of police departments and civilian
review investigations and audits.
3. Board members shall be eligible to receive the same training as provided to civilian
employees.
Sec. X.4 Establishment of the Office of Accountability and
Transparency
The OAT shall serve, at the direction of the Board, as a permanent agency in the City of Santa
Ana that shall have jurisdiction to:
1. Receive, investigate, and make findings regarding all incidents and practices of the
Police Department per Section X of this ordinance.
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2. Conduct investigations and maintain records for the Board of all incidents, including
those in which no allegation of misconduct is made, in which a Police Department
member discharges: (i) a firearm in a manner that potentially could strike another
individual, (ii) a stun gun or taser in a manner that results in death or serious bodily
injury, or (iii) in the Board's discretion, other use of force techniques;
3. Conduct investigations and maintain records for the Board into incidents, including
those in which no allegation of misconduct is made, where a person dies or sustains a
serious bodily injury while detained or in Police Department custody, or as a result of
police actions, such as during attempts to apprehend a suspect;
4. Conduct investigations and maintain records for the Board into violations of the
Sanctuary City Ordinance, including (i) use of City funds, resources, facilities, property,
equipment, or personnel to assist in the enforcement of federal immigration law or (ii)
the provision of non-public information to federal authorities about any person for
immigration purposes;
5. Conduct investigations and maintain records for the Board into the Police Department's
prior investigations involving allegations of police misconduct that were also the subject
of a lawsuit against the Police Department or one or more of its members, or against the
City, where such lawsuit was subsequently settled or resolved by a judgment against
such member, the Police Department or the City, to identify and investigate incidents of
police misconduct or to make recommendations to improve Police Department policies
and practices within the Office's jurisdiction;
6. Conduct investigations and maintain records for the Board into the facts of individual
civil lawsuits filed against the Police Department and/or its officers or employees and
motions to suppress evidence filed in criminal matters that are granted or that establish
a prima facie case of police misconduct, to identify and investigate incidents of police
misconduct or to make recommendations to improve Police Department policies and
practices within the Office's jurisdiction;
7. Conduct investigations and maintain records for the Board into the surveillance and
tracking of gang enforcement, including Police Department process of collection of gang
members' records.
Sec. X.5 Staffing, Hiring, Training, and Funding
Section X.5.1 [OAT Staffing and Hiring]
A. The OAT shall consist of a full-time Director with appropriate professional and support
staff.
1. The Director, in coordination with the Board, shall establish procedures for the
following:
i. Receiving complaints.
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ii. Conducting monthly outreach to residents and community groups and
prioritizing communities that are most impacted by policing and police
violence.
iii. Providing support services to impacted community members.
iv. Conducting investigations.
v. Making recommendations to the Board regarding administrative action,
including possible discipline and policy issues.
vi. Assisting with mediation to resolve disputes.
vii. And other issues of concern to the community.
B. The selection process for OAT staff shall be as follows:
1. Beginning sixty (60) days after the City Council's confirmation of the first group
of Board members and alternates, the Director shall be appointed by the City
Manager based on the hiring recommendation of the Board.
i. Board members shall be engaged in the hiring process and interviews for
the Director, including development of job description, priorities for
candidates qualifications, and interview questions.
ii. The City Manager shall hold a public and accessible forum with final
candidates, to allow community questions for candidates.
iii. Board members shall make the final candidate recommendation to the
City Manager.
2. The Director shall hire one or more attorneys as staff to advise and represent the
OAT and Board with respect to its work, provided:
i. Any such attorney is admitted to the State Bar of California; and
ii. Any such attorney must not provide legal advice or representation to any
department or function of the City of Santa Ana other than the OAT; and
iii. All financial, personnel and administrative functions of any such attorney
shall be under the jurisdiction of the City Manager or Director and shall
not be under the jurisdiction of the City Attorney.
iv. In the event that additional, non-OAT staff legal counsel is needed to
advise and represent the OAT with respect to its work, such counsel may
be obtained, provided:
1. Counsel is retained pursuant to the standard terms of
engagement used by the City Attorney, including any limitations
on fees or costs; and
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2. The costs of such representation are paid from the budget of the
OAT and not from the budget of the City Attorney; and
3. The Director provides the City Attorney with notice of the
engagement, including the firm selected and a copy of the
engagement agreement; and
4. Nothing in the preceding provisions shall be construed to alter the
authority of the City Council or the City Attorney with regard to
the defense of claims against the City or individual City
defendants, the settlement of monetary or other claims against
the City or individual City defendants, or any other powers or
duties of the City Attorney.
3. The Director shall hire all other staff of the OAT.
C. The following individuals shall not be eligible to be hired as OAT staff members:
1. Current or former sworn police officers or their immediate family members;
2. Current or former police department civilian employees;
3. Current or former employees, contractors, officials or representatives of a union
or an employee association representing sworn police officers; or
4. Current or former employee or officials of a district attorney or prosecutor's
office.
Section X.5.2 [OAT Training]
D. The Director, in coordination with the Board, shall establish standards of professional
conduct and a comprehensive training program for its staff to monitor or investigate
allegations or inquiries received against the Department.
Section X.5.3 [Funding the Office of Accountability & Transparency]
1. The City shall allocate a dedicated budget for the Board sufficient for it to perform its
functions and duties as set forth in this Ordinance.
a. This shall include budgeting a Director, at least one full-time-equivalent legal
counsel, at least one full-time-equivalent data analyst to support the Board's
pattern and practice investigations and annual reporting. The staff of the OAT
shall also consist of no fewer than one line investigator for every 50 sworn
officers positions in the Police Department, rounded to the nearest 50 if the
Police Department has fewer than 500 sworn officers. The OAT staff shall also
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consist of the administrative staff to support the role and responsibilities of the
Board and community engagement.
b. This shall also include the costs of technology, software, training, and community
engagement necessary to fulfill the duties and responsibilities of OAT and the
Board.
2. The City Council shall not adopt any ordinance for consolidated budget or annual
appropriations that expressly limits or impedes the functions of the Board or OAT from
carrying out prescribed duties and responsibilities, as deemed by the Board.
3. The City Council shall ensure that any ordinance for consolidated budget or annual
appropriations include OAT related budget allocations which are indexed to at least
three (3) percent of the total public safety budget.
4. The City Manager shall ensure at least fifty (50) percent of allocated funds for this
section shall be derived from ongoing cost savings measures from the Police
Department budget.
Sec. X.6 Powers and Duties of the Board
Section X.6.1 [Investigations]
1. Beginning one hundred eighty (180) days after the City Council's confirmation of the first
group of Board members and alternates, the Board shall receive, review and prioritize
all public complaints concerning the alleged misconduct or failure to act of all
Department sworn employees, including complaints from Department non-sworn
employees.
i. The Director may report to the Board on the status of written complaints
filed with the Chief of Police asserting that Department employees have
resisted attempts by the OAT to conduct reasonable investigative tasks.
ii. The Director shall submit to the Board each month a list of all
investigations it is conducting and shall, as permitted by law, answer any
questions raised by any Board member regarding such investigations at a
Board meeting.
2. The jurisdiction of the Board, and subsequent investigations by OAT, shall be
independent and concurrent with that of the Police Department to investigate
complaints or behavior.
a. The OAT shall notify the Police Department's [Bureau of Internal Affairs or
relevant internal unit] in writing of all complaints filed against members of the
Police Department within three (3) business day.
b. The Police Department shall forward all complaints, statements and reports,
personnel records, video evidence, and other relevant materials to OAT within
one (1) business day.
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3. OAT shall complete its investigations within one hundred and eighty (180) days of the
filing of the complaint with the Board unless the Director, in his or her discretion, makes
a written finding that exceptional circumstances exist in a particular case that are
beyond the OAT's control.
4. Within thirty (30) days of completion of the investigation, the Director shall issue
written findings and the range of past disciplinary action for similar cases regarding the
allegations stated in the complaint to the Board.
a. The Director shall issue written findings and the range of past disciplinary action
for similar cases within forty-eight (48) hours of completion of any investigation
of critical incident, sexual misconduct or untruthfulness.
b. The City Manager shall not have the authority to reject or modify the OAT's
findings and proposed discipline.
5. The Board may determine and recommend to the Police Chief that circumstances
require that a Police Department employee must be removed from active duty pending
an investigation by the Board and/or the Department.
6. Nothing herein shall prohibit the Police Chief or a commanding officer from
investigating the conduct of a Police Department employee or officer under his or her
command, nor shall anything herein prohibit the Police Chief from taking disciplinary or
corrective action with respect to complaints investigated solely by the Police
Department.
Section X.6.2 [Access to Police Department Documents and Personnel Records]
1. The Board and OAT shall have the same access to all Police Department files, documents
and records, except as otherwise prohibited by law, in addition to all files and records of
other City departments and agencies, as the Police Department's [Bureau of Internal
Affairs or relevant internal unit].
a. The City shall ensure that the Board has ongoing access to all Police Department
documents, reports, and other materials that are reasonably necessary for the
agency to conduct investigations of patterns and practices of misconduct and
engage in oversight regarding Police Department policies, practices, procedures,
customs, [General Orders], collective bargaining agreements, programs, records
not otherwise deemed confidential under state law, and training [as set out in
Section X below].
i. This must include access to the underlying policing data on calls for
service, demographics, citations, and arrests.
ii. This must include independent and direct remote access credentials to all
body-worn camera storage databases so that videos can be searched and
viewed as necessary for OAT investigations.
b. The City will ensure that the Police Department will provide the Board with
copies of all open and closed complaints submitted to the Police Department
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within the previous 5 years and all open or closed complaints for every current
sworn officer.
c. Subject to applicable law, the Board and OAT shall have the same access to all
Department files and records, including the Department's Internal Affairs
Division (hereinafter, IAD) files and records, related to sworn employees of the
Department, in addition to all files and records of other City departments and
agencies related to sworn employees of the Department, as IAD, including but
not limited to the same access to electronic databases as IAD as permitted by
law. Requests for access to such files and records shall be made by a majority
vote of the Board or by the OAT Director. By majority vote, the Board shall have
the authority to request information from the Department, and the Chief of
Police or her or his designee shall respond to such requests, as permitted by law.
All those who have access to confidential information shall maintain
confidentiality as required by law.
2. The Police Department and other City departments and agencies shall make every
reasonable effort to respond to the Board's requests within twenty four (24) hours of a
critical incident and three (3) business days for all other matters.
a. Every six (6) months, the Police Department shall complete and submit to the
Board an internal audit of Board requests to ensure compliance with Board
requests.
i. Any item that is being withheld, its entirety or partial form, from the
Board shall be reported to the Board along with the reason and projected
timeframe of the item's release to the Board.
Section X.6.3 [Subpoena Power]
1. Pursuant to Santa Ana City Charter Article XI Section 1100, the Board may subpoena
witnesses, administer oaths, and compel the production of evidence as are necessary
for the investigation of complaints or of other misconduct [as set out in Part X above
related to jurisdiction]. This shall include but not be limited to cell phone records, social
media records, messaging application records, as well as video and audio footage.
a. Consistent with state law and in accordance with [City legal provisions], upon a
majority vote of members of the Board, the Board may issue subpoenas ad
testificandum and duces tecum, which may be served, to the extent permitted
by law.
2. If a witness fails to attend, or in the case of a subpoena duces tecum, if an item is not
produced as set forth therein, the chair of the Board or the chair authorized deputy
issuing the subpoena, upon proof of service thereof, may certify the facts to the
Superior Court for enforcement of the subpoena consistent with the procedures set
forth in Cal. Gov. Code Section 25303.7(b)(2)-(3).
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Section X.6.4 [Binding Findings of Facts and Recommendations for Discipline]
1. The Board shall have the power to recommend to the Police Chief, with respect to
incidents within its jurisdiction, appropriate disciplinary or other remedial action against
members of the Police Department found to be in violation of any applicable Police
Department rules, including rules related to the duty to provide truthful information
regarding the officer's own conduct and the conduct of others, and the duty to report
the misconduct of others. Such remedial action may include, but is not limited to,
reassignment, additional training, or counseling.
a. Within thirty (30) days of receiving findings and discipline precedent from OAT,
the Board shall convene, review the findings of the case, evaluate aggravating
and mitigating factors, then make a disciplinary recommendation to the Chief by
majority vote.
i. For purposes of this section, aggravating factors include false testimony,
tampering with evidence, a pattern of repeated or escalating misconduct
or use of force, biased or discriminatory conduct, abuse of power as a
sworn officer, or deliberate or reckless disregard for the safety and
welfare of residents, animals, or property.
ii. For purposes of this section, mitigating factors include timely and truthful
self-reporting, use of de-escalation techniques and less-than-lethal use of
force, and participating in post-incident certified counseling or PTSD
therapy.
1. Rank, length of service, seniority, or commendations and awards
for past actions shall not be considered mitigating factors in
determining discipline for the current case.
b. The City Manager shall not have the authority to reject or modify the Board's
findings and proposed discipline.
c. The Police Chief shall respond to the findings of fact and proposed discipline
within 30 days.
i. If the Police Chief agrees with the Board's findings and proposed
discipline, he or she shall send to the subject officer notification of
findings and intent to impose discipline. The Police Chief may send such
notification to the subject officer before [Internal Affairs or similar
internal unit] has begun or completed any investigation.
ii. If the Police Chief disagrees with the Board's findings and/or proposed
discipline, the Police Chief shall prepare his or her own findings of fact
and/or proposed discipline which shall be submitted to a Discipline
Committee, which is composed of three Board members.
d. Absent clear error, the Police Chief shall accept the Board's findings of fact and
consider the Board's recommended discipline. Clear error exists when the
15
Board's findings of fact are based upon obvious and indisputable errors and
cannot be supported by any reasonable interpretation of the evidence.
e. The [City Manager or similar] shall not have authority to reject or modify the
Police Chief's findings of fact and proposed discipline.
i. Should the Police Chief neither agree nor disagree with the Board's
findings, the Police Chief may request that the Board conduct additional
investigation and must specify the nature and scope of additional
investigation that is requested, and the reason(s) for that request.
f. The Board's findings of fact and proposed discipline shall also be submitted to
the Discipline Committee which shall review both submissions and resolve any
dispute between the Board and the Police Chief. Based solely on the record
presented by the Board and the Police Chief, the Discipline Committee shall
submit its final decision regarding the appropriate findings and proposed
discipline to the Police Chief who shall notify the subject officer.
g. The City Manager shall not have the authority to reject or modify the Discipline
Committee's final decision regarding the appropriate findings and level of
discipline. The Discipline Committee shall not have the authority to conduct its
own investigation.
i. Within 30 days of the completion of any and all disciplinary action taken
pursuant to an investigation of the Board, the Police Chief shall advise the
Board in writing regarding the completion of such action. Within 10 days
of receipt of this notice, the Board shall prepare Final Reports. Final
Reports shall include at a minimum a summary of the conduct
investigated, the findings of the investigation, the recommended action
to be taken, any response from the Police Department, and the final
resolution of the matter.
h. If the Police Chief prepares his or her own findings and proposed discipline and
provides it to the Board before the Board's investigation is initiated or
completed, the Board may close its investigation or may choose not to conduct
its own investigation in order to allow final discipline to proceed as proposed by
the Police Chief. If the Board chooses not to close its investigation, imposition of
final discipline by the Police Department shall be delayed until the Board's
investigation is completed and the Board makes its findings and
recommendations for discipline (and, if there is any conflict, until it is resolved
via the procedure described in this section). The Board shall notify the Police
Chief of its final decision regarding how it will proceed within 5 business days of
the Police Chief's notice of completion of their investigation.
i. The Board may request that the Police Chief appear in person before the
Discipline Committee for further explanation or to address questions from the
Discipline Committee. The Police Chief shall cooperate with any request to
appear before the Discipline Committee.
16
2. In the event that a sworn officer of the Police Department appeals a suspension,
demotion, or dismissal to the Personnel Board, the Personnel Board shall adopt the
Board's finding of fact, based on the OAT investigation, as sustaining the charge.
a. The Personnel Board shall not have the authority to reject or modify the Board's
findings.
3. In the event that the Personnel Board shall conclude that a sworn officer of the Police
Department was guilty of the act or omission resulting in such suspension, demotion, or
dismissal but that the penalty was not warranted under the circumstances, the
Personnel Board shall be bound by the range of the Board's discipline recommendation
to the Police Chief in the Personnel Board's review the severity and appropriateness of
the punishment.
Section X.6.5 [Required Referral for Prosecution for Criminal Activity]
1. To the extent allowed by law, the Board shall promptly forward information to other
enforcement agencies, including but not limited to appropriate federal, state or local
law enforcement authorities, including the Orange County District Attorney, when such
information establishes a reasonable basis for believing that a crime may have been
committed by a Department employee.
a. The Board shall forward information that establishes a reasonable basis for
believing that a crime or serious misconduct may have been committed by a
sworn Department employee that may result in the revocation of a peace
officer's certification to the Commission on Peace Officer Standards and Training.
Section X.6.6 [Due Process Rights of Officers]
1. The Board shall have the power to promulgate rules and procedures for the conduct of
the Board and its investigations consistent with due process of law, equal protection
under the law, and all other applicable local, state and federal laws.
2. All officers or employees of the Police Department are to be afforded their due process
and statutory rights, including Skelly rights. Nothing in this ordinance shall be construed
to limit the rights of officers or employees of the Police Department with respect to
disciplinary action, including but not limited to the right to notice and a hearing as may
be established by law or otherwise.
3. After the findings and imposition of discipline by the Police Department have become
final, the subject officer or employee shall have the right to [grieve/appeal] the findings
and imposition of discipline, to the extent that such rights are prescribed by law or
regulation or in a collective bargaining agreement.
4. The Board shall employ a "preponderance of the evidence" standard of proof in
evaluating whether allegations of individual officer misconduct are well-founded.
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Section X.6.7 [Powers to Audit and Issue Policy Recommendations]
1. The Board shall have the power and authority to conduct independent audits and
investigations regarding policies, practices, procedures, customs, and [General Orders or
similar] of the Police Department and also to determine whether members of the Police
Department are engaging in patterns or practices of constitutional or legal violations,
misconduct, or of behavior that is problematic with regard to the interaction of the
Police Department with the public at large. Upon conclusion of such investigations, and
upon finding a pattern or practice of constitutional or legal violations, misconduct, or
such behavior, the Board shall have the power to recommend revisions to the Police
Department's policies, practices, procedures, customs, [General Orders], programs, and
training in order to address and eliminate such patterns or practices through the
mechanism specified in [Section x] of this Ordinance.
2. Based on information obtained through investigations conducted pursuant to this
Section and audit of Police Department, the Board may make recommendations to the
Mayor and the City Council regarding whether current or proposed budgetary
allocations for the Police Department are aligned with the Police Department's policies,
procedures, customs, and General Orders.
a. Police Department [budget proposals] shall be submitted to the Board by the
City manager for review and comment prior to [budget policy work study
sessions or public release].
b. The Board shall conduct at least one public hearing on the Department budget
per budget cycle.
3. Recommended revisions to the Police Department's policies, practices, procedures,
customs, [General Orders], collective bargaining agreements, programs, and training
shall be submitted to the Police Chief.
a. The Police Chief shall respond to such a recommendation within 30 days of
receipt.
i. Such response shall include a description of the course of action or
actions the Police Chief has taken or is planning to take, if any, with
respect to the issues raised in the recommendation. If the Police Chief
declines to implement one or more of the Board's recommendations,
such response shall explain the reasons for doing so.
b. The Board shall accept or reject the response from the Police Chief within 30
days of receipt.
i. Such recommendations from the Board, the response(s) of the Police
Chief, and the Board's subsequent acceptance or rejection shall be
submitted to the City Council for approval or rejection.
c. If the Board has accepted the Police Chief's response, should the City Council not
approve, modify and approve, or reject the proposed course of action set out by
18
the Police Chief within 90 days of submission to the City Council, the course of
action proposed by the Police Chief shall be implemented by the Police Chief.
d. If the Board has rejected the Police Chief's response, should the City Council not
approve, modify and approve, or reject the proposed course of action set out by
the Board within 90 days of submission to the City Council, the course of action
proposed by the Board shall be implemented by the Police Chief.
4. The Police Department shall provide the Board with an opportunity to participate in any
committee or working groups involving external stakeholders convened to draft or
revise policies or practices concerning matters within the Board's authority.
5. The Police Department shall provide the Board with reasonable notice and an
opportunity to make recommendations before implementing an existing or adopting a
new substantive policy or practice concerning matters within the Board's authority.
When a policy or practice necessitates an immediate revision or implementation due to
a change in the law, the Board will be notified as soon as practicable about the change.
Section X.6.8 [Role on the City of Santa Ana Personnel Board]
1. The Board may send the Chair of the Board or another Board member appointed by the
Chair to serve as a non-voting member of [The City of Santa Ana Personnel Board].
2. In the event that the Personnel Board or the Arbitration process overturns or reduces
the discipline of an officer, a representative member of that Board shall explain their
ruling in an open meeting of the Board within 60 days.
Section X.6.9 [Board Involvement in Collective Bargaining]
1. Based on information obtained through audits, investigations, and public engagement
conducted pursuant to this Section, the Board may make recommendations to the City
Manager and City Council regarding Police Department collective bargaining
negotiations.
2. The Board may select a Member to represent the Board during all Police Department
contract negotiation meetings and may report back to the Board on the status and
subject of those meetings.
Section X.6.10 [Community Engagement and Public Access]
1. The Board shall meet at least twice a month unless it determines by a majority vote that
one meeting is sufficient in a particular month.
2. The Board shall conduct public hearings at least twice a year on the Police Department's
policies, practices, procedures, customs, orders, collective bargaining agreements,
programs and training.
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a. The Board shall determine which matters shall be the subject of the hearing and
inform the City Council, Mayor, Police Chief and the public in writing at least
seven (7) days in advance.
b. The agenda for all board meeting shall be posted no fewer than 7 days prior to
the meeting
3. The Board shall meet at least once each year in a location other than City Hall.
4. The Board shall notify the public of the time and place for meetings in English,
Vietnamese, and Spanish, include instructions on how to request language
interpretation on all notices for public meetings for languages other than English, and
shall provide translation services whenever requested.
5. Board meetings shall be webcast and recorded and made available for public viewing
including by those individuals incarcerated in Santa Ana.
6. The Board shall notify the public of their ability to provide comment through written
communications mailed to [address] or emailed to [address] to be distributed to the
Board, through live-virtual comment by Zoom or conference call, or through in-person
comments.
a. Every effort shall be made by City staff to allow incarcerated persons in the Santa
Ana Jail the opportunity to participate in public Board meetings.
7. The Board shall conduct regular outreach activities and develop materials in English,
Vietnamese, and Spanish to educate the public on the Board and OAT's responsibilities
and powers.
Section X.6.11 [Reporting]
1. All Final Reports of the Board shall be posted on the Board's website and open to public
inspection, except that information contained therein that is confidential and prohibited
from disclosure under any other applicable law shall be redacted. Upon posting a Final
Report, the Board shall provide notice to the complainant, if there is one, providing
instructions to enable the complainant to access the report.
a. Final Reports shall be written in English, Vietnamese, and Spanish.
b. Final Reports shall include at a minimum a summary of the conduct investigated,
the findings of the investigation, the recommended action to be taken, any
response from the Police Department, and the final resolution of the matter.
c. Neither the Board nor the Police Department shall publicly disclose the findings
of fact or proposed discipline produced pursuant to the provisions of this
Ordinance before the processes set forth in this Section are completed and set
out in a Final Report.
20
2. All findings of fact and proposed discipline prepared by the Board shall be posted on the
Board's website and open to public inspection, except to the extent that information
contained therein is exempted from disclosure by the Public Records Act or any other
applicable law. This shall include, where applicable, responsive findings of fact and
proposed discipline prepared by the Police Chief and any and all such findings and
proposals prepared by the [Discipline Committee.]
a. Upon posting any such documents, the Board shall provide notice to the
complainant, if there is one, providing instructions to enable the complainant to
access the report.
3. No later than the fifteenth day of, April, July and October of each year, the Board Chair
shall Report to the Mayor, the City Council, and to the public, a quarterly report which
includes information based on data through the end of the preceding month on:
a. The number of investigations initiated during that quarterly reporting period and
data summarizing the nature of the alleged or actual underlying conduct;
b. The number of investigations concluded during that quarterly reporting period,
and, of those investigations, the number that took more than six months to
conclude and data summarizing the nature of the alleged or actual underlying
conduct;
c. The number of investigations pending as of the end of that quarterly reporting
period and data summarizing the nature of the alleged or actual underlying
conduct;
d. The number of complaints not sustained during that quarterly reporting period
and data summarizing the nature of the alleged or actual underlying conduct;
e. The number of complaints sustained during that quarterly reporting period and
data summarizing the nature of the alleged or actual underlying conduct;
f. The number of complaints filed against each police officer in each Police
Department [district or similar] during the quarterly reporting period and data
regarding summarizing the nature of the alleged or actual underlying conduct;
g. The number of complaints referred to other agencies during the quarterly
reporting period and the identity of such other agencies and data regarding
summarizing the nature of the alleged or actual underlying conduct.
4. Such quarterly reports shall also summarize any reports or recommendations submitted
to the City Council, Mayor, or Police Chief concerning Police Department policies,
procedures, customs, orders, collective bargaining agreements, programs, and training,
and the Police Chief's response to such reports or recommendations and shall also
summarize any reports, recommendations, or comments submitted to the City Council,
Mayor, or Police Chief regarding legislation or regulations or budgetary allocation and
proposals.
5. The Board will also prepare an annual report which will also contain the above
information, set out in categories XX-XX, for the preceding 12 month period.
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6. The Board shall Report, at least annually, to the Mayor, the City Council, and to the
public, to the extent permissible by law, the information contained in the Police Chief's
report, as described in Section X.
Section X.6.12 [Police Department Transparency and Reporting]
1. The Police Chief shall submit a written annual report to the Board regarding such
matters as the Board shall require.
a. This report will also include a summary of every matter involving an allegation of
misconduct by an employee or officer of the Police Department as well as a
racial, gender, age, and immigration status demographic information of the
victim and officer; description of the disciplinary action taken; a monetary
settlement and the amount of such settlement; and any changes to policy or
training that were made in the wake of the incident.
b. This report shall include a summary of all use of force incidents involving an
officer of the Police Department including racial, gender, age, and immigration
status demographic information of the victim and officer; initiating call for
service or cause for officer contact; de-escalation tactics used, if any; description
of the use of force; date of most recent training in use of force tactics deployed;
medical care provided by officer at the scene; resulting injuries and damages,
any monetary settlement and the amount of such settlement; and changes to
policy or training that were made in the wake of the incident.
c. This report shall include data regarding officer initiated contact with residents
that includes racial, gender, age, and immigration status demographics;
geographic location; the reason for contact; if a search was conducted, the
resulting charge, if any; and if a resulting charge ended in either citation or
arrest.
d. This report shall include data regarding civil asset forfeiture for a rolling three (3)
year period including description of seized asset, geographic and racial, gender,
age, and immigration status demographic information as well as the status or
disposition of the associated criminal case.
e. This report shall include a summary of the acquisition, expansion, or renewal of
technologies or contracts related to surveillance technology, grants received
from the Department of Homeland Security to purchase surveillance technology,
a summary of the costs related to surveillance technology, a summary of the
development of policies relating to the usage and storage of surveillance
technology and data, and a summary of the usage of surveillance technology
during public demonstrations, both peaceful assemblies and acts of civil
disobedience.
f. This report shall include a summary of the number of times an unlawful
assembly was declared during public demonstrations, the numbers of arrests
22
made during public demonstrations and whether any persons arrested were
identified as journalists, the use of less-lethal munitions at public
demonstrations, and the number of permit requests received, granted, and
denied during the year.
g. This report shall include a summary of any violations of the Sanctuary City
Ordinance, all complaints regarding immigration enforcement, all contact with
the Department of Homeland Security and Immigration and Customs
Enforcement, grants received from the Department of Homeland Security, and
activities with the Sanctuary City Advisory Board.
h. This report will additionally include data regarding recent crime rates and trends
including geographic and racial, gender, and age demographic information.
2. The Police Department will collect and maintain all data and records necessary to
accurately evaluate its use of force practices and search and seizure practices and
facilitate transparency and, as permitted by law, broad public access to information
related to the Police Department's decision-making and activities.
3. The Police Department will ensure the collection and tracking of all documents and data
related to uses of force and allegations of misconduct and related materials, including,
for each:
a. officers' [use of force reports or similar];
b. supervisor's [use of force investigations or similar];
c. force investigations by the [Force Investigation Team or similar];
d. force investigations by the [Office of Professional Standards or similar];
e. force reviews conducted by the [Force Review Board or similar];
f. investigations conducted by [Internal Affairs or similar]
4. The Police Department will ensure the collection and tracking of all documents and data
related to stop and search and allegations of misconduct and related materials,
including data providing information regarding each incident [as provided by California
Government Code 12525.5. 13012, and 13519.41:
a. The time, date, and location of the stop.
b. The reason for the stop.
c. The result of the stop, such as, no action, warning, citation, property seizure, or
arrest.
d. If a warning or citation was issued, the warning provided or violation cited.
e. If an arrest was made, the offense charged.
f. The perceived race or ethnicity, gender, and approximate age of the person
stopped, provided that the identification of these characteristics shall be based
on the observation and perception of the peace officer making the stop, and the
information shall not be requested from the person stopped. For motor vehicle
stops, this paragraph only applies to the driver, unless any actions specified
under paragraph (7) apply in relation to a passenger, in which case the
characteristics specified in this paragraph shall also be reported for him or her.
23
g. Actions taken by the peace officer during the stop, including, but not limited to,
the following:
i. Whether the peace officer asked for consent to search the person, and, if
so, whether consent was provided.
ii. Whether the peace officer searched the person or any property, and, if
so, the basis for the search and the type of contraband or evidence
discovered, if any.
1. Whether the peace officer seized any property and, if so, the type
of property that was seized and the basis for seizing the property.
iii. If more than one peace officer performs a stop, only one officer is
required to collect and report to his or her agency the information
specified under subdivision (b).
iv. State and local law enforcement agencies shall not report the name,
address, social security number, or other unique personal identifying
information of persons stopped, searched, or subjected to a property
seizure, for purposes of this section. Notwithstanding any other law, the
data reported shall be available to the public, except for the badge
number or other unique identifying information of the peace officer
involved, which shall be released to the public only to the extent the
release is permissible under state law.].
5. The Police Department will collect and track information regarding incidents or
allegations of incidents committed by representatives of law enforcement entities from
other jurisdictions committed within the City of Santa Ana.This information shall
include at a minimum the (a) names of the individuals involved, the (b) alleged conduct,
and (c) any records regarding any investigation undertaken by the Police Department.
6. The Police Department will collect and track data annually regarding the number of field
interview cards collected, the location of all field interview card collection interactions
between police and the public, the number of citations given for gang injunction
violations, the location of citations given for gang injunction violations, the number of
entries into the CalGang database; and will summarize any filings of civil nuisance
abatement lawsuits by the Orange County District Attorney's Office with the intent of
establishing a gang injunction in Santa Ana.
7. Any provision of data or summary statistics to the Board from the Police Department
will include provision of the underlying or raw data or records used by the Department
to prepare such data or statistics.
Sec. M Obstruction of Board and OAT Duties Prohibited
1. No person shall retaliate against, punish, intimidate, discourage, threaten or penalize
any other person for reporting misconduct, making a misconduct complaint, conducting
an investigation, complaining to officials, providing information, testimony or
24
documents in an investigation, or cooperating with or assisting the Board or OAT in the
performance of its powers and duties as set forth in this Ordinance.
2. No person shall willfully refuse to comply with a subpoena issued by the Board, or
otherwise knowingly interfere with or obstruct an investigation conducted by the Board.
3. The Police Chief or a commanding officer is subject to disciplinary action by the City
manager, up to and including termination, for obstruction of investigations, audits, or
reviews. The falsification of evidence or testimony by the Police Chief or a commanding
officer shall result in their termination by the City Manager.
25
ANAt-
w
Santa Ana Building Healthy Communities
Building Heplft 1505 E 17"St,Suite 117,Santa Ana,CA 92705
communities PHONE: (714)617-8891 1 www.sa-bhc.org
July 29, 2022
Mayor Sarmiento and City Councilmembers
20 Civic Center Plaza
Santa Ana, CA 92701
ecommentkSanta-ana.org
Via Email
RE: Police Oversight Ordinance Letter of Support
Dear Mayor Sarmiento and City Councilmembers,
The undersigned organizations write to express our strong support of the model
Police Oversight Ordinance, attached in the appendix of this letter. In response to unjustified
use of excessive and deadly force against civilians by the Santa Ana Police Department, Santa Ana
residents and community-based organizations are advancing the call, originating in 1965, for the
City Council to establish robust civilian oversight.' Meaningful civilian oversight can only be
enacted through a clear and detailed policy that provides direction for the structure, scope of
authority, duties, staffing, funding, access to records, community engagement, and public
reporting.
It is imperative that the City of Santa Ana establish a comprehensive, effective, and fully
funded civilian oversight model with a clearly defined scope and authority to prevent, intervene,
and investigate police misconduct and violence. An ineffectual and powerless civilian oversight
model will be far more detrimental to the residents of Santa Ana than simply not having any
civilian oversight, as it will give the false impression that meaningful accountability and
investigation into police misconduct is occurring and potentially stall more effective reform
methods.
Recognizing the importance of robust civilian oversight and encapsulating feedback from
hundreds of Santa Ana residents in the city-led police oversight survey, the City Council Ad Hoc
Committee on Police Oversight in April 2022 recommended a hybrid investigation-focused and
auditor/monitor focused model. The attached Police Oversight Ordinance effectively accomplishes
the Ad Hoc's recommendation. We urge the City Council to pass the community-driven
ordinance language, which would establish the robust model of civilian oversight that has
1 San Roman,Gabriel. (2017,June 29). "Black Civil Rights Groups Asked for Santa Ana Police Oversight 52 Years
Ago." OC Weekly.hlWs://www.ocweekly.com/demands-for-santa-ana-police-oversight-are-nothing-new-8215041/
2 Kopetman,Roxana. (2021,August 3). "Santa Ana to Host Virtual Forum on Police Oversight." The Orange
County Register.hlWs://www.ocregister.com/2021/08/03/santa-ana-to-host-virtual-forum-on-police-oversight/
been denied to Santa Ana residents for nearly six decades. The residents of Santa Ana deserve
to live free of police misconduct and violence. Passing the attached Police Oversight Ordinance is
an important step forward in making that a reality.
Sincerely,
Joel Cazares
Director of Operations
Santa Ana Building Healthy Communities
CC: VSarmientogsanta-ana.org
PBacerragSanta-ana.org
TPhankSanta-ana.org
DPenalozakSanta-ana.org
JessieLopezkSanta-ana.org
JRyanHernandezk Santa-ana.org
Wendozak Santa-ana.org