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Item # 38
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
April 5, 2022
TOPIC: Police Oversight
AGENDA TITLE:
Police Oversight Ad Hoc Committee Informational Report
RECOMMENDED ACTION
Accept informational report and provide direction to staff.
DISCUSSION
Background
Police oversight has been a topic of discussion at various City Council meetings. Most
recently, this discussion began as a councilmember requested item at the June 16, 2020
City Council meeting (requested by Mayor Pro Tem Bacerra, with support from Mayor
Sarmiento and Councilmember Penaloza). Subsequently, staff presented informational
reports to the City Council on September 15, 2020, December 15, 2020, and September
7, 2021. Concurrently, staff engaged the community through two community feedback
surveys and a community forum that included a moderated panel of subject matter and
experts. The data collected from the surveys, along with comments submitted during the
community forum, were shared with the City Council for their consideration as they
discussed police oversight.
The informational reports have included staff presentations that provide overviews of the
various models of police oversight, structure, scope of authority, staffing, and access to
information. While there appears to be consensus among the City Council to support
police oversight in Santa Ana, the City Council is interested in narrowing the scope of
what a police oversight mechanism might look like in Santa Ana. To that end, on
September 21, 2022, Mayor Sarmiento appointed Mayor Pro Tem Bacerra,
Councilmember Hernandez, and Councilmember Lopez to the Police Oversight Ad Hoc
Committee to discuss those details. To date, the Ad Hoc Committee meetings have
consisted of in-depth discussions of variations in police oversight models, the Peace
Officer Bill of Rights (POBR), and initial recommendations on a police oversight
mechanism for Santa Ana.
Police Oversight
April 5, 2022
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Ad Hoc Committee Recommendations: Police Oversight Model
A majority of the Ad Hoc Committee has indicated a preference of a hybrid Investigation-
Focused and Auditor/Monitor-Focused model. Notably, there is significant variation
among police oversight mechanisms; this means that not all police oversight mechanisms
that are categorized under one or more models are the same. To guide the Ad Hoc
Committee through identifying their preferred police oversight mechanism, staff prepared
(and the Ad Hoc Committee members responded to) a survey, based upon the National
Association of Civilian Oversight of Law Enforcement (NACOLE)’s Civilian Oversight
Agency Directory. This directory was developed in partnership with the U.S. Department
of Justice to standardize a publicly available database of police oversight mechanisms.
Below is a summary of the Ad Hoc Committee’s recommendations, based upon their
majority response for each criteria:
Oversight Functions
In addition to the oversight functions associated with the preferred primary
oversight model, the police oversight model engages in the following functions:
o Reviewing investigations (Reviews completed complaint investigations
conducted by the overseen law enforcement agency's internal affairs unit
for thoroughness, completeness, or accuracy.)
o Auditing investigations and/or policy compliance (Audits of completed
department investigations and/or compliance with department policy and
procedures.)
o Monitoring open investigations (Active monitoring of open department
investigations and/or compliance with department policies and procedures.)
o Independent investigations (Investigates civilian complaints separately and
independently of the overseen agency's internal affairs unit.)
o Pattern or trend analysis (Conducts analyses of patterns or trends in
complaints, discipline, and/or department activities, policies, and/or
procedures.)
The police oversight mechanism oversees the Santa Ana Jail.
The police oversight mechanism publishes the following reports: annual reports,
special reports, complaint information or statistics, and analyses of department
practices.
Local Structure
The police oversight mechanism is established by a Charter amendment, to be
followed by an ordinance of the City Council with additional policy and procedure
that aligns with the provisions of the Charter.
The police oversight mechanism reports to the City Council.
Police Oversight
April 5, 2022
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Board/Commission
The police oversight mechanism includes a board or commission (i.e., a “Police
Oversight Board” or “Police Oversight Commission”).
The Police Oversight Board/Commission is trained on Police Department policies
and procedures.
Members of the Police Oversight Board/Commission receive a stipend for serving
on the board/commission.
Current law enforcement officers are not permitted to serve on the Police Oversight
Board/Commission.
Former law enforcement officers are not permitted to serve on the Police Oversight
Board/Commission.
Staffing
The police oversight mechanism would include the following staff: director,
attorney from the City Attorney’s Office, investigator, auditor, analyst, and
administrative assistant.
Scope of Authority
The police oversight mechanism’s scope of authority would include the following:
o Accepts anonymous complaints
A complainant would not be required to submit an affidavit or
notarized statement
o Does not have a mediation program
o Cannot respond to the scene of critical incidents
o Can recommend and implement new or revised departmental
policies/procedures
o Can recommend and implement discipline
o Can recommend investigative findings
o Can recommend and implement training or retraining
o Can require the Police Department to respond to recommendations
Information Access
The police oversight mechanism has access to the following departmental records:
o Computer-aided dispatch records
o Personnel records
o Body-worn / in-car video
o Stop, search, and arrest records
o Use of force reports
o All electronic databases, including, but not limited to, the items listed above
The police oversight mechanism has access to the following Internal Affairs
records:
o Copies of open Internal Affairs files and investigations
o Copies of closed Internal Affairs files and investigations
o Front-end access to Internal Affairs database
Police Oversight
April 5, 2022
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o Back-end access to Internal Affairs database
The police oversight mechanism’s access to records is secured by the Charter.
Subpoena
The police oversight mechanism has subpoena authority.
The City Council may consider supporting any or all of these recommendations for a
police oversight mechanism.
Ad Hoc Committee Recommendations: Enabling Legislation
There are various methods by which a police oversight board/commission could be
established. These include a Charter amendment to be submitted to the voters, an
ordinance of the City Council, or resolution of the City Council. Among these, the options
that would require voter approval include a Charter amendment and an ordinance
submitted to the voters. In contrast, an ordinance or resolution of the City Council would
be considered by the City Council only. At their meeting on March 11, 2022, the Ad Hoc
Committee recommended that the City Council consider preparing a Charter amendment
to be submitted to the voters, asking whether or not the City Council shall adopt an
ordinance establishing a police oversight board/commission as outlined in the Charter
amendment. Under this recommendation, the City Council would prescribe the minimum
requirements for the structure and scope of authority of the police oversight
board/commission in the Charter amendment, and submit the Charter amendment to the
voters. Any additional details, such as the mechanics or procedure relating to the police
oversight board/commission, would be established by ordinance of the City Council—and
the ordinance would need to comply with the Charter amendment.
Next Steps / Options
At this time, staff seeks direction from the City Council. The City Council may consider
the recommendations from the Ad Hoc Committee and direct staff as follows:
Direct staff to prepare a Charter amendment establishing a police oversight
board/commission to be submitted to the voters at the November 2022 election.
Direct staff to return with more information.
Take no action.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Submitted By: Kristine Ridge, City Manager
Approved By: Kristine Ridge, City Manager
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Police Oversight
Ad Hoc Committee Updates
SANTA ANA
m Slide 2
Police Oversight
City Manager's Office
April 5,2022
June 16, 2020: councilmember requested item
September 15, 2020: informational report (history of police
oversight, introduction to models, examples of how oversight is
implemented in California)
December 15, 2020: informational report (more details on
models and mechanics of boards/commissions in California,
community feedback survey results)
September 7, 2021: informational report (review of
Investigation -Focused and Auditor/Monitor models, community
feedback survey results)
M Slide 3
Police Oversight
City Manager's Office
April 5,2022
m Slide 4
Police Oversight
City Manager's Office
April 5,2022
On September 21, 2022, Mayor Sarmiento appointed
Mayor Pro Tem Bacerra, Councilmember Hernandez,
and Councilmember Lopez to the Police Oversight Ad
Hoc Committee to discuss those details.
To date, the Ad Hoc Committee meetings have
consisted of the following:
Variations in police oversight models
Peace Officer Bill of Rights (POBR)
Initial recommendations on a police oversight mechanism
for Santa Ana
M Slide 5
Police Oversight
City Manager's Office
April 5,2022
m Slide 6
Police Oversight
City Manager's Office
April 5,2022
Model
Hybrid: Investigation- Focused and Auditor/
Monitor Focused m
Slide 7 Police
Oversight City
Manager's Office April
5,2022
Oversight Functions
Reviewing investigations
Auditing investigations and/or policy compliance
Monitoring open investigations
Independent investigations
Pattern or trend analysis
Oversight of the Santa Ana Jail
Publishes the following reports: annual reports,
special reports, complaint information or statistics,
and analyses of department practices
Slide 8
SANTA ANA
Police Oversight
City Manager's Office
April 5,2022
Local Structure
The police oversight mechanism is
established by a Charter amendment, to be
followed by an ordinance of the City
Council with additional policy and
procedure that aligns with the provisions of
the Charter.
The police oversight mechanism reports to
the City Council.
M Slide 9
Police Oversight
City Manager's Office
April 5,2022
Board/Commission
The police oversight mechanism includes a board or
commission.
The Police Oversight Board/Commission is trained on Police
Department policies and procedures. Members of
the Police Oversight Board/Commission
receive a stipend for serving on the board/
commission. Current and former law
enforcement officers are not permitted to serve
on the Police Oversight Board/Commission. Slide 10
SANTA ANA
Police Oversight
City Manager'
s Office
April 5,2022
Staffing The
police oversight mechanism would include
the following staff: Director
Attorney
from the City Attorneys Office Investigator Auditor Analyst
Administrative
assistant
M
Slide 11
Police Oversight City
Manager's
Office April 5,2022
Scope of Authority
Accepts anonymous complaints
A complainant would not be required to submit an
affidavit or notarized statement o Does not have a
mediation program
Cannot respond to the scene of critical incidents
Can recommend and implement new or revised
departmental policies/procedures
Can recommend and implement discipline
Can recommend investigative findings o Can
recommend and implement training or retraining o Can
require the Police Department to respond to
recommendations
In Slide 12
Police Oversight
City Manager's Office
April 5,2022
Information Access: Departmental Records
Computer -aided dispatch records
Personnel records
Body -worn / in -car video
Stop, search, and arrest records
Use of force reports
All electronic databases, including, but not
limited to, the items listed above
Slide 13
SANTA ANA
Police Oversight
City Manager's Office
April 5,2022
Information Access: Internal Affairs
Copies of open Internal Affairs files and
investigations o Copies of closed Internal
Affairs files and investigations oFront-end access
to Internal Affairs database Back -
end access to Internal Affairs m
Slide 14 Police
Oversight City
Manager's Office April
5,2022
Subpoena
Yes
m Slide 15
Police Oversight
City Manager's Office
April 5,2022
Enabling Legislation
Charter amendment that requires a police
oversight board/commission as defined and with parameters
City Council
ordinance with mechanics/procedure
M Slide
16 Police Oversight
City Manager'
s Office April 5,
2022
m Slide 17
Police Oversight
City Manager's Office
April 5,2022
If the City Council decides to concur with
the Ad Hoc Committee's recommendations,
consider which criteria might go into the
Charter amendment vs. ordinance.
M Slide 18
Police Oversight
City Manager's Office
April 5,2022
m Slide 19
Police Oversight
City Manager's Office
April 5,2022
Concur with the Ad Hoc Committee.
Direct staff to return with more
information.
Take no action.
M Slide 20
Police Oversight
City Manager's Office
April 5,2022
m Slide 21
Police Oversight
City Manager's Office
April 5, 2022