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HomeMy WebLinkAbout2025-05-08 Regular Police Oversight Commission Minutes of the Regular Meeting of the Police Oversight Commission May 8, 2025 REGULAR MEETING - 5:00 P.M. CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CALL TO ORDER MINUTES: Chair Vega called the meeting to order at 5:06 P.M. ATTENDANCE Commission Members Gabriel Castillo Laughton Evangeline Gawronski Amalia Mejia Carlos Perea Nadin Said Vice Chair Keith Carpenter Chair Danny Vega Staff Members Deputy City Manager Sylvia Vazquez Police Commander Jorge Lopez Assistant City Attorney Jonathan Martinez Recording Secretary Abigail Y. Alcala POLICE OVERSIGHT COMMISSION 1 MAY 08, 2025 ROLL CALL MINUTES: Recording Secretary Abigail Y. Alcala conducted roll call. Commissioners Castillo Laughton, Gawronski, Mejia, Perea (arrived at 5:13 P.M.), and Said, Vice Chair Carpenter, and Chair Vega were present. PLEDGE OF ALLEGIANCE MINUTES: Chair Vega led the Pledge of Allegiance. PUBLIC COMMENTS—Public comments will be held during the beginning of the meeting for all comments on agenda items. Members of the public may provide comments on any agenda or non-agenda items within the subject matter jurisdiction of the commission. MINUTES: The following individual addressed the Commission via teleconference: 1. Manuel Arreguin expressed concern regarding the vacancy for the Police Oversight Commission Director. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2. MINUTES:At 5:11 P.M., the Consent Calendar was considered. MOTION: Vice Chair Carpenter moved to approve Consent Calendar Item Nos. 1 and 2, seconded by Commissioner Castillo Laughton. The motion carried, 6-0-0-1, by the following roll call vote: AYES: COMMISSIONER CASTILLO LAUGHTON, .COMMISSIONER GAWRONSKI, COMMISSIONER MEDIA, COMMISSIONER SAID, VICE CHAIR CARPENTER, CHAIR VEGA NONE NOES: NONE ABSTAIN: NONE ABSENT: COMMISSIONER PEREA Status: 6 -0 - 0 — 1 —Pass 1. Excused Absences Recommended Action: Excuse the absent members. 2. Minutes from the Regular Meetings of March 13, 2025. Recommended Action: Approve minutes. POLICE OVERSIGHT COMMISSION 2 MAY 08, 2025 ***END OF CONSENT CALENDAR`** BUSINESS CALENDAR 3. U-Visa Certification and Santa Ana Police Department Procedure 4130 MINUTES:At 5:12 P.M., the Business Calendar was considered. Commander Rosa Ponce Leon gave a presentation regarding the U-Visa Certification and Police Department Procedure 4130. At 5:13 P.M., Commissioner Perea arrived to the dais. Commissioner Mejia asked for clarification regarding the Police Department's definition and example of helpfulness. Chair Vega asked for clarification regarding the Police Department role as the City is a Sanctuary City. Commissioner Perea spoke regarding the background of the U-Visa Certification, asked who receives the U-Visa reports and corresponds to certifications once processed, and requested the commission receive quarterly data reports regarding cases and the phone number to the U-Visa be listed on the City website. Commander Ponce Leon spoke regarding penal code 679.10 and the role and process of the Police Department's definition of helpfulness, and confirmed the reports are received by the federal government. Vice Chair Carpenter requested clarification on whether the U-Visa applies to civil lawsuits against the City or to complaints filed against the police. Commander Ponce Leon stated the Police Department does not get involved. Commissioner Castillo Laughton requested clarification regarding the definition of 'helpfulness'in the U-Visa process and asked for a written protocol and implementation procedure that ensures a more objective approach. He inquired regarding the number of individuals involved in U-Visa determinations, whether there is an appellate process, and sought further clarification on the overall U-Visa requirements. He recommended the Police Department create a written protocol for helpfulness determination. Commander Ponce Leon explained that the Police Department goes off statue, works with witnesses to gain corporation and willingness, and uses internal policy guidelines regarding helpfulness, stated there is no appellate process, and victims can call regarding form requirements not being met. Vice Chair Carpenter asked how long U-Visas last. Commander Ponce Leon stated she does not know as the Police Department is not involved Discussion ensued regarding investigation of crimes, definition of helpfulness, and verification vs certification. POLICE OVERSIGHT COMMISSION 3 MAY 08, 2025 Assistant City Attorney Jonathan Martinez proposed the City Attorney's Office research the issue of helpfulness and present an analysis on findings at future meeting. Deputy City Manager Sylvia Vazquez clarified helpfulness as those who are willing to help with investigation. MOTION: Vice Chair Carpenter moved to have a study session item added to the agenda regarding the topic of helpfulness and to have examples of different policies of the U-Visa certifications, seconded by Commissioner Melia. MINUTES: Commissioner Castillo Laughton suggested that Commander Ponce Leon be present for study session. SUBSTITUTE MOTION: Commissioner Perea moved to have experts within the U- Visa field at a future meeting within 60 days. MINUTES: Motion died due to lack of a second. Vice Chair Carpenter asked for the percentage of citizens that do not cooperate during the U-Visa process. Commander Ponce Leon stated 25-30% do not cooperate and 40% cooperate. Commissioner Castillo Laughton questioned how strict the Police Department is when evaluating someone calling in during the certification process and the presumption of helpfulness. Commander Ponce Leon stated the department does not have a lot of ambiguity on refusals and presumes those to be helpful until they refuse to no longer be helpful. The original motion carried, 7-0-0-0, by the following roll call vote. AYES: COMMISSIONER CASTILLO LAUGHTON, COMMISSIONER GAWRONSKI, COMMISSIONER MEDIA, COMMISSIONER PEREA, COMMISSIONER SAiD, VICE CHAIR CARPENTER, CHAIR VEGA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7—0 — 0 — 0 -- Pass POLICE OVERSIGHT COMMISSION 4 MAY 08, 2025 MOTION: Commissioner Mejia moved to have staff bring presenters for legal perspective in an organization for U-Visa certifications and processes from the Orange County Rapid Response Network, OC Justice Fund, OC Public Law Center, or Western State College of Law present during next meeting's U-Visa presentation within 30 days, seconded by Vice Chair Carpenter. MINUTES: Commissioner Said requested to see data before requesting organizations to be present at the U-Visa presentation. Deputy City Manager Vazquez reported that in 2023 there were a total of 372 U-Visa applications received with 162 approved, 99 denied, 78 referred to the Orange Country District Attorney's office, 92 referred to other agencies, and 23 incomplete forms. Commissioner Said requested clarification regarding those denied for the U-Visa application. Commissioner Perea asked whether the City Manager's Office met with groups regarding U-Visa certification concerns. Assistant City Attorney Martinez shared that the City Manager's Office was working with groups to discuss concerns. Commissioner Castillo Laughton suggested inviting organizations to the future U-Visa presentation but emphasized that attendance should be optional, not mandatory. Commissioner Said requested having additional information prior to presentations. Commissioner Mejia echoed Commissioner Said comments. Discussion ensued regarding suggested organizations to be invited to attend the future U-Visa presentations and related discussions. The motion carried, 7-0-0-0, by the following roll call vote: AYES: COMMISSIONER CASTILLO LAUGHTON, COMMISSIONER GAWRONSKI, COMMISSIONER MEJIA, COMMISSIONER PEREA, COMMISSIONER SAID, VICE CHAIR CARPENTER, CHAIR VEGA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7—0 — 0 — 0 — Pass MINUTES: Vice Chair Carpenter asked whether the Police Department informs potential victims about the U-Visa program. Commander Ponce Leon stated the Police Department does not. Assistant City Attorney Martinez spoke regarding the City's sanctuary status. Commissioner Perea requested information be added to "Know Your Rights"website. POLICE OVERSIGHT COMMISSION 5 MAY 08, 2025 4. Police Oversight Commission Bylaws Discussion MINUTES:Assistant City Attorney Jonathan Martinez gave a brief overview regarding potential bylaws for the Commission. Vice Chair Carpenter requested "or staff only"regarding special meetings be changed to "only Commission members" in Article 3, Section 1B, removing the requirement for commissioners to submit a written memorandum in Section 10, to allow commissioners to suggest agenda items, and to remove "must be subsequently confirmed by majority vote of the Santa Ana City Council"in Section 11. He mentioned in Article 7, Section 2 the chair should be allowed to extend the three-minute time limit for any person speaking, and requested clarification on Section 4 and Section 15. In Section 12, he suggested voting on motions be decided by a simple majority. Commissioner Said requested removing the words "arts" in Article 1, Section 1, expressed concern regarding Article 3, Section 1B, questioned who would decide on moving forward with special meetings when the Commission requests one and requested clarification on the meaning of `quorum' in Section 2, `absences' in Section 4, and `qualified elector'in Section 7. Deputy City Manager Sylvia Vazquez stated it would be up to the City Manager's discretion when it comes to moving forward with special meetings. Assistant City Attorney Martinez clarified the meaning of quorum and mentioned circling back regarding Article 3, Sections 4 and 7. Commissioner Said spoke in support of three minutes to speak. Assistant City Attorney Martinez clarified highlighted items within the bylaws packet were internal notes to have input from the commission regarding processes and procedures. Vice Chair Carpenter stated he prefer the enforcement remain with the commission rather than the City Council per Article 6, Section 1. Commissioner Mejia questioned whether ordinances need to be listed from the Santa Ana Municipal Code within the bylaws in Article 1, Section 6. She spoke in favor of Vice Chair Carpenter's comments regarding Article 3, Section 1B and requested clarification on Article 7, Section 15. Assistant City Attorney Martinez clarified the bylaw summarized the general Municipal Code due to multiple ordinances being applicable. Recording Secretary Abigail Y. Alcala confirmed the bylaws follow Rosenberg's Rules of Order in Section 15 and clarified a tie vote is a fall in Section 10, Article 7. Commissioner Perea thanked city staff for working on the bylaws. POLICE OVERSIGHT COMMISSION 6 MAY 08, 2025 Commissioner Castillo Laughton requested to have information regarding terms in the bylaws for Chair and Vice Chair positions in Article 2, Section 1. In Article 3, Section 1 B requested special meetings to be called by only majority of Commission members, suggested there be a time limit listed when it comes to follow-up comments in Section 6, recommended clarifying Commissioners be removed from office if they miss half of their regular meetings instead of only 2 regular meetings and cancelled meetings do not count reflected in Section 7, requested the bylaw clarify that proposed items be added to the next agenda meeting and the City Manager or their designee shall add proposed item to agenda in Section 10. Per Article 7, he spoke in support to both Vice Chair Carpenter and Commissioner Said and suggested there be a vote by the Commission to allow longer than 3 minutes when needed and suggested when amending bylaws — the vote should be a super majority or unanimous by the Commission rather than the City Council. Chair Vega echoed Vice Chair Carpenter comments regarding Article 3, Section 1 B, spoke in support of keeping public hearings to the allotted 3 minutes per Article 7, Section 2, requested adding items to future agendas through closing comments instead of written communication. Commissioner Mejia requested clarification on Article 3, Section 10 regarding voting by the majority, when the item would be placed on the agenda, and whether a memorandum needs to be submitted. Deputy City Manager Vazquez confirmed that an item will not be put on the agenda when not voted by the majority and that it is at the discretion of the City Manager to be added on the agenda. She explained these bylaws and process are current for City Council and fellow commissions. Discussion in ensued regarding the process of completing memorandums for future agenda meetings. Commissioner Mejia asked whether the memorandum would be made public and part of the agenda packet. Deputy City Manager Vazquez stated that it would be an item in the agenda and made public available. Vice Chair Carpenter questioned what the process is for control over agenda items between the Commission and City Manager, and requested having an agenda items list. City Manager Alvaro Nunez explained the reason for memorandums and the need for majority vote, and stated that it is in the integrity of both the commission and City Manager to continue to have discussions and work together. Chair Vega spoke in support of leaving Article 3, Section 10 as is. Commissioner Gawronski asked when the proposed bylaws would be brought back for review. Deputy City Manager Vazquez stated bylaws can be presented at the next meeting. ***END OF BUSINESS CALENDAR*** POLICE OVERSIGHT COMMISSION 7 MAY 08, 2025 STAFF COMMENTS MINUTES: Deputy City Manager Sylvia Vazquez reminded the commission that Mayor Amezcua created an ad hoc committee with Councilmember Phil Bacerra and Mayor Pro Tern Benjamin Vazquez to review the Police Oversight Commission. Vice Chair Carpenter expressed concern and questioned the reason for the ad hoc committee. Assistant City Attorney Jonathan Martinez explained the committee will be discussing potential amendments to the ordinance. Commissioner Castillo Laughton echoed Vice Chair Carpenter's concerns. Vice Chair Carpenter asked for an update regarding the vacancy of the Police Oversight Director. Deputy City Manager Vazquez stated there was no update. COMMISSIONER COMMENTS MINUTES., Commissioner Perea expressed concern regarding the ad hoc committee and released reports regarding the Santa Ana Police Department and ICE activity, Commissioner Said thanked staff for their hard work and commissioners for their perspectives. Commissioner Mejia thanked staff for the bylaws template and the Santa Ana Police Department for the U-Visa presentation. She requested U-Visa data and echoed Commissioner Perea's concerns regarding ICE information. Commissioner Gawronski thanked staff and voiced concerns with City Council complaints addressed during Manuel Arreguin's public comment. She wished mothers a Happy Mother's Day. Commissioner Castillo Laughton thanked staff for their hard work and efforts creating the bylaws template, Commander Rosa Leon Ponce for the U-Visa presentation, and the City Manager for being present at the meeting, He expressed gratitude to the commission for a productive conversation during meeting, spoke regarding the ad hoc committee, and requested the commission and city council work together. Vice Chair Carpenter asked whether commissioners can speak to councilmembers as residents regarding the ad hoc committee and thanked staff for presentation on bylaws. Chair Vega expressed his condolences to Santa Ana High School community for families affected by the tragedy that had occurred the day previously, and questioned whether the ad hoc committees are public meetings. POLICE OVERSIGHT COMMISSION 8 MAY 08, 2025 Deputy City Manager Vazquez confirmed commission members are able to speak to Councilmembers as residents, and stated the ad hoc committee meetings are closed session. ADJOURNMENT -Adjourn the Police Oversight Commission Meeting. MINUTES: Chair Vega adjourned the Police Oversight Commission meeting at 7:29 P.M. The next meeting of the Police Oversight Commission is scheduled for June, 12 2025 at 5:00 P.M. Respectfully su mittea *rding/.�ecretary POLICE OVERSIGHT COMMISSION 9 MAY 08, 2025 PAGE INTENTIONALLY LEFT BLANK