HomeMy WebLinkAboutItem 28 - Police Oversight CommissionerCity Clerk's Office
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Item # 28
o`7, City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 4, 2023
TOPIC: Police Oversight Commissioner
AGENDA TITLE:
Hear From and Consider Appointing Fernando Delgado Nominated by Councilmember
Hernandez as the Ward 5 Representative to the Police Oversight Commission for a
Full -Term Expiring December 10, 2024
RECOMMENDED ACTION
1. Hear from Fernando Delgado, applicant and nominee to the Police Oversight
Commission, Ward 5 Representative.
2. Consider appointing Fernando Delgado to the Police Oversight Commission as
the Ward 5 representative, and if appointed, administer the Oath of Office.
(Requires five affirmative votes.)
DISCUSSION
Councilmember Hernandez has nominated Fernando Delgado to serve as the Ward 5
representative to the Police Oversight Commission. At its meeting of March 21, 2023,
the City Council continued consideration of Mr. Delgado's appointment and expressed a
desire to hear from Mr. Delgado at the next City Council meeting. Mr. Delgado resides
in Ward 3. Pursuant to Santa Ana Municipal Code 2-326, a two-thirds (2/3) vote is
required to approve this nomination.
City boards and commissions perform a valuable service to the City by providing a
means by which the City Council can obtain the advice, opinions, and recommendations
of City residents and other members of the community. The Police Oversight
Commission's purpose is to improve transparency, increase the accountability of and
public confidence in the Santa Ana Police Department, and to provide for an
Independent Oversight Director. Each member is directly nominated by, and serves a
term concurrent with, the nominating elected official, which is ratified by an affirmative
majority vote of the City Council.
Police Oversight Commissioner
April 4, 2023
Page 2
FISCAL IMPACT
There is no fiscal impact association with this action.
EXHIBIT(S)
1. Fernando Delgado Application (redacted)
2. Santa Ana Municipal Code Chapter 2, Article IV, Division 16
Submitted By: Jennifer L. Hall, City Clerk
Approved By: Kristine Ridge, City Manager
3/7123, 9:27 AM
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Police Oversight Commission Application ; Entry show empty
Entry A. v
# 7669 fields
........................................................................................................................................
Entry Id: 7669
Submitted on: 2023/02/06 at 1:34 am
Title.•
User IP:
Citizen
Embad U l:,42 lire oversight cr),mrmssion
What are your Pronouns—
He/Him
Moue to Trash I Mark as Spam Edit
First Name:
Fernando
Notifications n v A
Last Name:
Admin Notification
Delgado
Reseed
Home Address:
Print entry v ■
Ind ude Notes
Zip Code:
Print
92705
Primary phone. -
In which Ward do you live in?
3
Email:
Employer:
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Police Oversight Commission Application: Entry show empty
# 7669 fields
OCCOR❑
Occupation:
Campaigns Manager
Work Address:
1505 17th St Suite 122
City:
Santa Ana
Work Zip Code:
92705
Work phone:
(71 d) 621-0919
Driver's License No:
Date of Birth:
Years Lived/Worked in Santa Ana:
a
Language(s) Spoken:
English and Spanish
Organizations (Professional, Community, Service or other):
I am currently serving as the campaigns manager for OCCORD, a nonprofit
organization dedicated to building the power of historically marginalized
communities in Orange County.
Prior to this, I served as a middle school teacher for 5 years. The subjects I
taught were English, History, and Mediallournalism.
I am also a member of the mutual aid collective Abolition Now. Our
members provide resources and support to people as they are released
from Theo Lacy Jail in the city of Orange.
Qualifications, Experience, Education:
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Police Oversight Commission Application : Entry show empty
# 7669
fields
Since 2020, 1 have spent countless hours researching and reporting on our
country's system of policing. I have studied the evolution of police
throughout our country's history. I have learned about the current
practices and methodologies of police. I have been in conversation with
individuals who serve/have served on the police department here in Santa
Ana and elsewhere to learn about their experiences with the department.
And I have been a very vocal proponent of police accountability and the
need for alternative approaches to public safety that don't solely rely on
criminalization and incarceration.
My educational background includes a Bachelor of Arts in Psychology and
a Multiple Subject Teaching Credential from California State University,
Fullerton.
Remarks (attach resume if available):
The establishment of a Police Oversight Commission in the city of Santa
Ana is an historic achievement. In a community like ours where trust in
government institutions is scarce and the typical perception of police is
that of an occupying force, police oversight is a crucial first step to
restoring the people's trust. It shows the community that the city is
committed to accountability and that our voices do matter.
I would consider it a great honor to take part in the development of this
historic first step. My goal will be to make sure that the police in our city
operate in the best interest of the people and that they are held
accountable should they act against the best interest of the people.
I AGREE THAT ALL INFORMATION IS VALID AND ACCURATE:
"Ile I agree.
By signing below, I hereby acknowledge that I have completely read
and fully understand the provisions of the Code of Ethics and
Conduct( www.santa-ana.org/documents/code-of-ethics-and-
conduct) for members of appointed boards and commissions.
n�" I agree.
Notes ^ IV A
Bulk action Apply
................................... - .�
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DIVISION 16. - POLICE OVERSIGHT COMMISSION
Santa Ana, CA Code of Ordinances
Sec. 2-660. - Establishment and purpose.
There is hereby established a Police Oversight Commission (hereinafter referred to as the "Commission").
The purpose of the Commission shall be to improve transparency, increase the accountability of and public
confidence in the Santa Ana Police Department and to provide for an Independent Oversight Director. The
purpose of the Commission is to act through the Independent Oversight Director to provide the Chief of
Police, City Manager, and City Council independent investigations of, analysis, and recommendations on
police practices, police misconduct, officer -involved shootings, and other serious uses of force.
( Ord. No. NS-3029 , § 1, 11-15-22)
Sec. 2-661. - Police oversight commission membership and term.
The Commission shall consist of seven (7) members to be appointed by the city council from the
residents of the city.
The city council shall strive to appoint members who are fair and impartial, and who represent diverse
social, economic, and political interests. The city council shall consider the career and life experiences of
Commission applicants and appoint those who are representative of the diversity of the Santa Ana
community and whose knowledge and experiences will most benefit the Commission's ability to carry out its
duties and responsibilities and build trust with the community. The City Council will strive to appoint
applicants 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. The Clerk of
the Council shall prepare application forms requiring applicants to provide information demonstrating that
they meet qualification requirements set forth in Section 2-662.
( Ord. No. NS-3029 , § 1, 11-15-22)
Sec. 2-662. - Qualifications of commissioners.
(a) All members of the Commission shall reside in the City of Santa Ana.
(b) Elected or appointed officers and employees serving the City shall not be eligible for appointment
to the Commission.
(c) Retired peace officers or peace officers who have separated from public service shall not be
eligible for appointment to the Commission unless at least five (5) years has passed from the date
of their separation from the governmental entity with which they were previously employed. Only
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one former or retired peace officer, who is appointed first in time, may serve on the Commission at any
given time. "Peace officer" as used herein shall have the same meaning and definition as set forth in
California Penal Code section 830 etseq.
(d) Practicing attorneys who handle, or are members of firms or entities that currently handle,
criminal or civil matters involving the Santa Ana Police Department are ineligible to serve on the
Commission.
( Ord. No. NS-3029 , § 1, 11-15-22)
Sec. 2-663. - Commissioner confidentiality and training.
(a) Prior to attending their first Commission meeting, each Commissioner shall take an oath and
execute a confidentiality agreement stating that they will not divulge or disseminate confidential
information, including identities of witnesses and contents of confidential testimony and
documents, either during their term of office or thereafter to ensure that confidential personnel
information and other information subject to state law protections is not released or shared.
(b) No later than ninety (90) days after appointment, each member shall:
1. Receive training in relevant subject matters, including, but not limited to, the Police
Department's operations, policies, practices, procedures related to the following: internal
affairs investigations; authorized uses of force, including the use of deadly force, control
devices, and techniques; uses of conducted energy device; handcuffing and restraints;
detention and arrest of persons; search and seizure of persons and property; the
department's established focus of de-escalation tactics, vehicle pursuits, and the duties,
responsibilities, procedures, and requirements associated with all ranks and assignments
facilitated by the Independent Oversight Director.
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. Attend training sessions sponsored by the National Association for Civilian Oversight of Law
Enforcement or similar entities, or through presentations provided on topics including, at a
minimum, constitutional rights and civil liberties, fundamentals of procedure, evidence, and
due process, procedural rights and confidentialities afforded to police officers by California
law (including, but not limited to, Government Code Section 3300 etseq., Penal Code Sections
832.7 and 832.8, and Evidence Code Sections 1040-1043), state use of force standards, police
union contracts, labor rights, in -person implicit bias training, and best practices for
conducting investigations.
(c) Members of the Commission, may, but are not required to, participate in a ride -along with the
Santa Ana Police Department.
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( Ord. No. NS-3029 , § 1, 11-15-22)
Sec. 2-664. - Meetings.
The Commission shall hold its first meeting when there are a sufficient number of appointed
Commissioners to constitute a quorum. At such meeting, the Commission shall fix the time and place of
regularly scheduled meetings which shall not meet less than once each month. The City Manager or their
designee shall attend all regular and special meetings of the Commission and provide regular staff support
to the Commission. The Police Chief or their designee shall also attend such meetings as requested by the
Commission.
( Ord. No. NS-3029 , § 1, 11-15-22)
Sec. 2-665. - Powers and duties of the police oversight commission.
To effectuate its purpose, the Commission shall:
(a) Review, evaluate and make recommendations to the Chief of Police and City Council
regarding the Police Department's policies, practices, and procedures, develop programs and
strategies to promote positive police -community relations, and make appropriate
recommendations to the City Manager and the City Council. Within thirty (30) days after
receiving such recommendations, the City Manager shall submit a response to the
Commission. If the Commission is dissatisfied with the response, the Commission may submit
its recommendations to the City Council. The City Manager may extend for an additional thirty
(30) days the time periods in which they are required to submit their responses to the
Commission by giving the Commission written notice of such extension.
(b) Receive, hear, and review misconduct complaints, tort claims, or lawsuits made against on -
duty Santa Ana Police Officers which allege Santa Ana Police Officers have engaged in the
following conduct:
(1) officer -involved shootings -discharge of a firearm at a person by a Santa Ana peace officer
that results in death;
(2) in -custody deaths;
(3) uses of force that result 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)
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failure to intervene against another officer using force that is clearly unreasonable/excessive; or
(10) unlawful activities/conduct that interferes with First Amendment assemblies.
(c) All complaints to be reviewed by the Commission must be in writing on forms supplied by the
Department or the Commission. Anonymous complaints will be accepted. The Commission
will not be authorized to retroactively conduct investigations of complaints.
(1) A copy of each complaint, tort claim, and/or lawsuit that alleges misconduct as set forth in
section 2-665(b), regardless of where or how it is filed or submitted, shall immediately be
forwarded to the members of the Commission, the Independent Oversight Director, the
City Manager and the Chief of Police.
(2) No complaint shall be accepted, reviewed, or investigated by the Commission or the
Independent Oversight Director if it is not filed/submitted within one (1) year after the
alleged misconduct by a Santa Ana Police Officer.
(3) All Commission discussions with the Independent Oversight Director concerning alleged
misconduct by any Santa Ana Police Officer shall be held in closed session. At least ten
(10) days' advance written notice of the date of the meeting in which a specific officer will
be discussed in closed session shall be provided to the complainant and the named police
officer and their legal counsel, if known to the Commission.
(d) Receive and discuss reports from the Independent Oversight Director on all incidents
involving the following types of alleged misconduct by Santa Ana Police Officers:
(1) officer -involved shootings -discharge of a firearm at a person by a Santa Ana peace officer
that results in death;
(2) in -custody deaths;
(3) uses of force that result 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
(e) Direct the Independent Oversight Director to independently review and investigate citizen
complaints, tort claims, or lawsuits alleging the types of police misconduct as identified in
section 2-665(b) or when the City Council provides authorization pursuant to Santa Ana City
Charter Section 1100 subject to the restrictions set forth in Government Code Section 3300 et
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seq., California Penal Code Sections 832.5, 832.7 and 832.8, Evidence Code Sections 1043 through 1046, the
Santa Ana Charter and Municipal Code, the MOU that applies to the impacted member, and Santa Ana
Police Department's policies and procedures.
(f) The Independent Oversight Director shall review and investigate timely filed/submitted
complaints as soon as possible. Pursuant to Santa Ana City Charter Section 1100, the City
Council hereby authorizes the Independent Oversight Director to subpoena witnesses,
administer oaths and compel the production of evidence for their independent investigation.
At the conclusion of the investigation, the Independent Oversight Director shall submit a
report with findings and recommendations, orally and in writing, to the Commission.
(1) Upon receipt of the Independent Oversight Director's report, the Commission may:
(i) Direct the Independent Oversight Director to investigate the complaint further;
(ii) Forward the Commission's findings and recommendations concerning the complaint
to the City Manager based upon the Independent Oversight Director's report; and
(iii) Make disciplinary recommendations to the Police Chief and/or the City Manager,
when a complaint of misconduct has been sustained against a Santa Ana Police
Officer subject to the restrictions set forth in Government Code Section 3300 etseq.,
California Penal Code Sections 832.5, 832.7 and 832.8, Evidence Code Sections 1043
through 1046, the Santa Ana Charter and Municipal Code, the MOU that applies to the
impacted member, and the Police Department's policies and procedures. This
subdivision does not, however, provide the Commission or the Independent Oversight
Director the authority to impose any discipline on any member of the Police
Department. All discipline ultimately imposed on any peace officer must comply with
all federal, state and local laws, including, but not limited to, Government Code
Section 3303, etseq., 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 the Police Department's policies and
procedures. Unless extended by the Commission, within sixty (60) days after receiving
such recommendations, the Police Chief or City Manager shall submit a response to
the Commission. If the Commission is dissatisfied with the response, the commission
may submit its recommendations to the City Council. The Police Chief and/or City
Manager may extend for an additional thirty (30) days the time periods in which they
are required to submit their responses to the Commission by giving the Commission
written notice of such extension.
(g) Authorize the Independent Oversight Director to audit complaint files and review policies to
ensure best practices are implemented.
(h)
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Advise the Mayor, City Council, City Manager and Police Chief on community relations issues involving the
Police Department.
(i) Review any Memorandum of Understanding (MOU) between the City and the Santa Ana Police
Officers Association or the City and the Santa Ana Police Management Association, and
provide suggestions and recommendations concerning negotiations to the City Manager and
the City Council.
Q) Conduct public meetings to educate the community on the purpose of the Police Oversight
Commission and provide a forum for discussions about police policies, practices, and
procedures.
(k) Prepare and submit an annual report to the City Council concerning the Commission's
activities, findings and recommendations. The annual report shall include, at a minimum, the
following:
The number of investigations initiated during the annual reporting period and data
summarizing the nature of the alleged or actual underlying conduct;
The number of investigations concluded during the reporting period, and, of those
investigations, the number that took more than six (6) months to conclude and data
summarizing the nature of the alleged or actual underlying conduct;
The number of investigations pending as of the end of the reporting period and data
summarizing the nature of the alleged or actual underlying conduct;
The number of complaints not sustained during the reporting period and data summarizing
the nature of the alleged or actual underlying conduct;
The number of complaints sustained during the reporting period and data summarizing the
nature of the alleged or actual underlying conduct;
The number of complaints filed against each police officer during the reporting and data
summarizing the nature of the alleged or actual underlying conduct;
The number of disciplinary recommendations issued to the Police Chief and City Manager, as
well as the number of recommendations accepted and rejected;
The number of complaints referred to other agencies during the reporting period and the
identity of such other agencies and data regarding summarizing the nature of the alleged or
actual underlying conduct;
The reports or recommendations submitted to the City Council, Police Chief, and City
Manager concerning Commission regulations, legislation, or budgetary allocation and Police
department policies, procedures, customs, orders, collective bargaining agreements,
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programs, and training, as well as the appropriate party's response to such reports or
recommendations.
(1) Perform such other duties as requested by the City Council. All staff work must comply with
all federal, state and local laws, including, but not limited to, Government Code Section 3303,
etseq., 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.
(m) References to Santa Ana Police Department's policies and procedures in this Division shall
mean all current policies and procedures in place that apply to administrative/internal affairs
investigations. Those policies and procedures shall not be amended in any way that may
conflict with this article, unless otherwise required by law.
( Ord. No. NS-3029 , § 1, 11-15-22)
Sec. 2-666. - Appointment and role of an independent oversight director.
(a) The City Council does hereby authorize the appointment of an Independent Oversight Director,
pursuant to City Charter Section 1100 and in accordance with this Section 1100 shall appoint the
Independent Oversight Director. The Independent Oversight Director may be engaged through a
professional services agreement or may be hired as an exempt at -will City employee who will
serve at the will and pleasure of the City Council and will be subject to removal by majority vote of
the City Council.
(b) In addition to regular staff support provided to the Commission, the Independent Oversight
Director shall assist the Commission in performing its duties and exercising its powers.
(c) After receiving a complaint, tort claim, or lawsuit and when directed by the Commission, the
Independent Oversight Director shall, in accordance with this division, conduct investigations of
allegations of on -duty Santa Ana Police Officers who have engaged in the following conduct:
(1) officer -involved shootings -discharge of a firearm at a person by a Santa Ana peace officer that
results in death;
(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)
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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 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, etseq., 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.
(d) The Independent Oversight Director shall conduct all audits and investigations in a fair, objective,
impartial, and ethical manner, and shall comply with the Public Safety Officers Procedural Bill of
Rights (Government Code Section 3300, etseq.) in interviewing police officers. The Independent
Oversight Director shall prepare a written report of each investigation that will constitute the
public record and may discuss confidential or privileged information with the Commission in a
properly notice closed session. The report shall comply with the provisions of Penal Code
Sections 832.5, 832.7 and 832.8 and Evidence Code Sections 1043 through 1046. After review by
the Commission, the public record of the investigation shall be posted on the public website for
the Commission within thirty (30) days. All disclosures of investigations conducted by the
Independent Oversight Director shall comply with California Penal Code Sections 832.5, 832.7 and
832.8 and California Evidence Code Sections 1043 through 1046, as amended from time to time.
The Independent Oversight Director may discuss findings with the Commission and/or the public
in strict compliance with California Penal Code Sections 832.5, 832.7 and 832.8 and California
Government Code Sections 3300, etseq.
(e) The City Manager or their designee shall assist with advertising the position of Independent
Oversight Director and shall prepare the necessary documents to engage the Independent
Oversight Director. The City Council shall review all qualifying applications and select no more
than three (3) applicants to interview for the role of Oversight Director. The Commission shall be
permitted the opportunity to review the top three (3) applicants and recommend a candidate to
the City Council. The Independent Oversight Director shall be authorized by the City Council
under Charter Section 1100 to report directly to the City Council.
( Ord. No. NS-3029 , § 1, 11-15-22)
Sec. 2-667. - Budget and support for commission and oversight director.
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The City Manager shall make a recommendation to the city council, as part of the annual City budget, to
fund the Commission and any additional labor, consulting, equipment, training, or materials necessary for
the Commission and the Independent Oversight Director to carry out the duties and exercise the powers set
forth in this Division.
( Ord. No. NS-3029 , § 1, 11-15-22)
Sec. 2-668 - Access to police department records, data and reports.
To effectuate meaningful oversight and accountability, the Commission and the Independent Oversight
Director shall have complete and prompt access to all police department records, information, and data,
including, but not limited to, audio and video recordings, photographs, police reports, dispatch logs, and
other records related to the underlying incident to assist the Commission and the Independent Oversight
Director in effectively discharging their respective duties, subject to all federal, state and local laws including
any and all restrictions set forth in the Santa Ana Charter, Municipal Code and the Public Safety Officers
Procedural Bill of Rights (Government Code Section 3300, etseq.). The Police Department shall designate
staff who will timely receive and process requests for records made by the Commission and/or the
Independent Oversight Director.
To increase transparency, all data including, but not limited to, stop, detention, arrest, and use of force
data, including Racial and Identity Profiling Act ("RIPA") data and reports, that are legally disclosed to the
Department of justice and/or any other federal or state law enforcement agency, shall, at the time of
disclosure of that data, be concurrently provided to the Commission and the Independent Oversight
Director.
( Ord. No. NS-3029 , § 1, 11-15-22)
Sec. 2-669. - Rules and records.
The Commission shall, in consultation with the Independent Oversight Director and the City Manager,
develop rules for the transaction of business of the Commission, which rules shall, among other things,
include the manner of calling and giving notice of special meetings and hearings, and the appointment and
powers of ad hoc and standing subcommittees. Said subcommittees may be formed to work on various
topics within the scope of police activities. The city council shall adopt the rules for the transaction of
business of the Commission. The Commission shall also keep records of its resolutions, rules, transactions,
motions, orders, findings, recommendations and determinations. Except for those items made confidential
by California Penal Code Sections 832.5, 832.7 and 832.8, or by any other applicable privileges under the
law, the records of the Commission shall be open to the public. Commission reports shall be posted on the
City'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.
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( Ord. No. NS-3029 , § 1, 11-15-22)
Sec. 2-670. - Severability.
Should any provision of this division, or its application to any person or circumstance, be determined by
a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall
have no effect on any other provision of this division or Chapter or the application of this Division or
Chapter to any other person or circumstance and, to that end, the provisions hereof are severable.
( Ord. No. NS-3029 , § 1, 11-15-22)
Secs. 2-671-2-699 - Reserved.
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