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HomeMy WebLinkAbout2025-08-14 Regular Police Oversight Commission Minutes of the Regular Meeting of the Police Oversight Commission August 14, 2025 REGULAR MEETING - 5:00 P.M. CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CALL TO ORDER MINUTES: Chair Carpenter called the meeting to order at 5:06 P.M. ATTENDANCE Commission Members Evangeline Gawronski Amalia Mejia Carlos Perea Nadin Said Danny Vega Vice Chair Gabriel Castillo Laughton Chair Keith Carpenter Staff Members Independent Oversight Director T. Jack Morse Jr. Deputy City Manager Sylvia Vazquez Deputy Chief Roland Andrade Police Commander Jorge Lopez Assistant City Attorney Jonathan Martinez Recording Secretary Abigail Y. Alcala POLICE OVERSIGHT COMMISSION 1 AUGUST 14, 2025 ROLL CALL MINUTES: Recording Secretary Abigail Y. Alcala conducted roll call. Commissioners Gawronski, Mejia, Perea, Said, and Vega, Vice Chair Castillo Laughton, and Chair Carpenter were present. PLEDGE OF ALLEGIANCE MINUTES: Chair Carpenter 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 individuals addressed the Commission in person: 1. Abraham Quintana requested justice for Noe Rodriguez and spoke regarding Police Officer Luis Casillas. 2. David Pulido requested justice for Noe Rodriguez and an independent investigation be commenced regarding the incident. 3. Carina Munoz spoke regarding an incident involving Police Officer Kavendish and demanded justice. 4. Emma Gottfried expressed concern regarding police violence with the Officer Luis Casillas regarding Mario Diaz's arrest and Noe Rodriguez's death. 5. Victor Mendez spoke in favor of the new direction the commission is taking and wished them success in the upcoming Special Joint Meeting with the City Council. 6, Erika Armenta spoke regarding her husband Noe Rodriguez's incident, stated she is scared for her life and her families, and requested the Commission due their due diligence and complete independent investigation related to Noe Rodriguez's. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 and 2. MINUTES:At 5:25 P.M., the Consent Calendar was considered. MOTION: Vice Chair Castillo Laughton moved to approve Consent Calendar Item Nos. 1 and 2, seconded by Commissioner Said. The motion carried, 7-0, by the following roll call vote: POLICE OVERSIGHT COMMISSION 2 AUGUST 14, 2025 AYES: COMMISSIONER GAWRONSKI, COMMISSIONER MEJIA, COMMISSIONER PEREA, COMMISSIONER SAID, COMMISSIONER VEGA, VICE CHAIR CASTILLO LAUGHTON, CHAIR CARPENTER NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7—0 — Pass 1. Excused Absences Recommended Action: Excuse the absent members. 2. Minutes from the Regular Meetings of July 10, 2025. Recommended Action: Approve minutes. ***END OF CONSENT CALENDAR*** STUDY SESSION MINUTES:At 5:27 P.M., the Study Session was considered. 3. U-Visa Work Study Session Recommended Action: 1. Receive presentations the from the following nonprofit grassroots organizations that work to respond to immigration enforcement activities and police, in order to discuss their experiences with SAPD's U-Visa process/procedures and provide input for recommendations: a) Sandra De Anda of the Orange County Rapid Response Network b) Faby Jacome of the Orange County Justice Fund 2. Review and discuss proposed/redline changes to SAPD Procedure No. 4130 prepared by Police Oversight Director Jack Morse. MINUTES: Sandra De Anda, Orange County Rapid Response Network (OCRRN), and Faby Jacome, Orange County Justice Fund (OCJF), provided a presentation regarding data, community experiences and a path forward regarding U-Visas in the City. Commissioner Mejia requested clarification regarding wrongful investigations given to the District Attorney's (DA) office and information regarding the determination of a domestic violence crime case within the policy. Sandra De Anda and Faby Jacome answered the Commissioner's questions and provided clarification. Commissioner Perea thanked the presenters for their presentation and requested the Commission be provided annual reports including the number of cases, data POLICE OVERSIGHT COMMISSION 3 AUGUST 14, 2025 related to denials and approvals, clearer guidelines for determining helpfulness, and process for appealing denials including data and language, number of cases referred to DA's office, and accessibility and transparency of U-Visa resources on the City website. Sandra De Anda and Faby Jacome stated there are no immigration attorneys or experts assisting with U-Visa applications, and recommended establishing a Sanctuary Board. Commissioner Said requested clarification regarding the requirement for referring cases to differentjurisdictions, why referral data from 2017-2023 is difficult to obtain, what the standard turnaround time is for U-Visa follow-ups, the number of staff involved in processing U-Visas, and whether training has been provided for making determinations on applications. She requested an analyst be assigned to track applications, referrals, and denials, suggested the appellant review process be conducted by a different individual rather than the person who is processing the application within SAPD, more accessibility on City's website such as language options, recommended providing accurate contact information to applicants, and voiced concern regarding discretion in helpfulness determination. Commander Jorge Lopez stated there is no requirement to refer cases and cases sometimes are deferred to the DA's office when there is an ongoing prosecution involving the victim and there is no defined turnaround time requirement. He confirmed there is a unit dedicated for overseeing U-Visas with a crime analyst responsible for inputting all received information, and a sergeant who reviews and assigns cases to detectives for further review. Deputy Chief Roland Andrade spoke regarding data from 2017, the appeals process, and clarified the U-Visas applications process. Commissioner Mejia requested clarification on "helpfulness"and "usefulness."She suggested the following the revisions to the U-Visa policy: in Section 4130.3.1, adding language to include "Have been the victim, the bystander, or indirect'; in Section 4130,3.3, changing the title from "Victim's Responsibility to be Helpful" to "Guidance on Helpfulness"or"Definition on Helpfulness"; Section 4130.4, removing the language "such as the Department, verifying the applicant is the victim of qualifying criminal activity and has been helpful, is being helpful or is likely to be helpful to the investigation..."to avoid redundancy; and Section 4130.5, providing further explanation as to why applications are sent over to the DA's office. Commissioner Vega asked for information regarding the process for handling a victim's complaint against SAPD and whether such a cose could be handled by PD or DA. Deputy Chief Andrade clarified the investigating entity is responsible for the investigation, therefore, if a victim alleges a crime involving SAPD, the responsibility would fall on SAPD. Commissioner Perea asked whether the commission would be an appropriate entity to conduct the investigation in cases where SAPD is the alleged perpetrator, specifically for certifying a U-Visa for the victim. POLICE OVERSIGHT COMMISSION 4 AUGUST 14, 2025 Deputy City Manager Sylvia Vazquez confirmed U-Visa certifications is determined by the police department. Vice Chair Castillo Laughton thanked presenters for their presentation, supported the recommendations made by fellow commissioners to the U-Visa policy, and suggested trainings be conducted once policy is finalized. Chair Carpenter thanked presenters for their presentation and suggested adding consequences for deadlines not met by SAPD within the policy. Chair Vega thanked presenters, requested additional information on U-Visa denials, and clarification on SAPD's role in determining helpfulness and whether a victim's case falls within a qualifying crime. Deputy Chief Andrade clarified SAPD's role regarding helpfulness determination and the qualifying levels of crime needing to be met during the certification U-Visa process. Commissioner Mejia stated she supports the initial set of revisions presented in the policy and is working toward clarifying the concept of helpfulness during the certification process. Vice Chair Castillo Laughton suggested moving the excerpt in Section 4130.3.3 explaining determination factors to Section 4130.5 regarding procedures, recommended the wording related to Form 1-918 in Sections 4130.3.3 and 4130.5 be consistent, rather than using "may sign and certify..."in one section and "shall provide a written explanation..." in another, correcting the wording in Section 4130.5.10 from "repeal"to "appeal', and requested clarification on certifications for denials. Independent Oversight Director T. Jack Morse Jr. clarified in Section 4130.3.3, the wording "may sign and certify" regarding Form 1-918 refers to the Police Chiefs determination of helpfulness, while Section 4130.5.8 addresses situations where forms are not certified and requires a reason to be provided for the application not being certified for U-Visas. ***END OF STUDY SESSION*** STAFF COMMENTS MINUTES:Deputy City Manager Sylvia Vazquez stated invitations to upcoming meetings with Councilmembers, the City Attorney, Police Chief, Police Oversight Director, and the City Manager regarding the proposed amendments to the Police Oversight Commission ordinance will be sent to commissioners. COMMISSIONER COMMENTS MINUTES:Commissioner Gawronski asked regarding the citizens academy and whether commissioners need to retake the academy. POLICE OVERSIGHT COMMISSION AUGUST 14, 2025 Commissioner Vega thanked staff, presenters, and members of the public who provided comments, and requested information on SAPD's policies regarding arrests and interactions with individuals experiencing mental health issues, as well as whether a policy exists governing language use during encounters, such as the use of English or Spanish. Deputy Chief Andrade confirmed there is no policy in place to utilizing languages other than English during encounters. Commissioner Mejia thanked presenters, colleagues, and individuals who made a public comment, and inquired regarding community notification of upcoming meetings and whether meetings can be scheduled at more reasonable times to encourage greater attendance. She asked whether a future meeting will provide additional information on reports made during the previous community meeting regarding military equipment under AB 481, Deputy City Manager Sylvia Vazquez confirmed reports from 2022--2023 and 2023-2024 were not presented during the community meeting due to compliance issues, and stated the City of Santa Ana and Police Chief Rodriguez are working to ensure compliance with laws and regulations for future meetings. She clarified the reports currently presented are those available and identifiable at this time. Commission Said thanked presenters and staff, and requested viewing body worn camera footage regarding Noe Rodriguez's case. Assistant City Attorney Jonathan Martinez explained he would need to look into Penal Code 832.7 of confidential peace officer records and whether viewing footage is possible with no violation of codes and a qualifying case Chair Carpenter asked whether the Police Oversight Director can be directed to further investigate incidents such as Noe Rodriguez's case. Independent Oversight Director Morse Jr. confirmed SAPD is investigating. Vice Chair Castillo Laughton suggested independent Oversight Director and SAPD work in conjunction regarding Noe Rodriguez's investigation. Commissioner Mejia requested the Independent Oversight Director have a separate investigation from SAPD. Commissioner Perea thanked everyone for their work on the U-Visa policy over the last few meetings, suggested the Commission review previous City Council discussions regarding the Police Oversight Commission ordinance, and stated he looks forward to the upcoming joint session with the City Council. Chair Carpenter thanked the presenters, staff, and the independent Oversight Director, and emphasized the need for a clearer definition of helpfulness. POLICE OVERSIGHT COMMISSION 6 AUGUST 14, 2025 ADJOURNMENT-Adjourn the Police Oversight Commission Meeting. MINUTES; Chair Carpenter adjourned the Police Oversight Commission meeting at T:32 P.M. The next meeting of the Police Oversight Commission is scheduled for September 11, 2025 at 5:00 P.M. Respectfully submitted: r i, � Y. c` la Recgr, in ecretary POLICE OVERSIGHT COMMISSION 7 AUGUST 14, 2025