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Item # 1
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
January 26, 2026
TOPIC: Police Oversight Commission Ordinance Work Study Session
AGENDA TITLE
Police Oversight Commission Ordinance Work Study Session
RECOMMENDED ACTION
Receive presentation on Police Oversight Commission Ordinance options and provide
direction to staff to:
1. Maintain the current ordinance while including clean up language to align with the
City Charter and have the Independent Oversight Director be appointed by the City
Manager, remain independent from the Police Department, and still vetted by the
City Council.
2. Modify the existing ordinance to the staff recommended audit model.
3. Modify the existing ordinance to a hybrid audit/investigation model, reflecting input
from the Police Oversight Commission, and recommend that officer involved
shootings and use of force that cause great bodily harm are open to investigation
at the direction of the commission.
GOVERNMENT CODE §84308 APPLIES: No
DISCUSSION
On July 15, 2025, City Council considered proposed amendments to Article IV of Chapter
2 of the Santa Ana Municipal Code Police Oversight Commission that were developed
after a thorough review and collaboration among City staff from the City Manager's Office,
City Attorney's Office, Police Department, and Police Oversight Ad Hoc Committee
members comprised of Mayor Amezcua, Mayor Pro Tern Vazquez, and Councilmember
Bacerra.
These amendments were proposed in an effort to align with state law, clarify roles and
responsibilities regarding the City Manager form of government, define the scope of the
commission's authority, and include additional training requirements for commissioners.
During this meeting, the City Council voted to hold a joint special meeting with the Police
Oversight Commission, the Police Oversight Director, and the City Council within 60 days.
Police Oversight Commission Ordinance Work Study Session
January 26, 2026
Page 2
Before that meeting, all members were to meet with the City Manager, City Attorney,
Police Oversight Director, and Police Chief.
Staff has met with Councilmembers and Commissioners to review the proposed
ordinance amendments, answer questions, and receive input. In addition, the Police
Oversight Commission held a work study session on September 11, 2025, and provided
input for consideration.
On September 16, the City Council approved holding a stand-alone meeting to further
discuss the Police Oversight Commission Ordinance.
Update
With the appointment of the Police Oversight Director on July 1, 2025, the Commission
has initiated providing recommendations on policy and reviewing complaints.
In addition, AB 847, adopted October 6, 2025 and effective January 1, 2026, amended
Penal Code section 832.7 to grant access to the confidential personnel records of peace
officers and custodial officers and records to civilian law enforcement oversight boards or
commissions. Civilian police oversight commissions are now expressly authorized to
access confidential officer personnel records for oversight investigations and related
proceedings. Oversight bodies must maintain confidentiality; records remain non-public.
Records may be reviewed in closed session, consistent with the Brown Act.
Penal Code section 832.7 now reads in relevant part as follows: "The personnel records
of peace officers and custodial officers and records maintained by a state or local agency
...or information obtained from these records, are confidential and shall not be disclosed
in any criminal or civil proceeding except by discovery pursuant to Sections 1043 and
1046 of the Evidence Code. This section does not apply to investigations or proceedings
concerning the conduct of peace officers or custodial officers, or an agency or department
that employs those officers, conducted by ....or a civilian oversight board or commission
for a law enforcement agency..."With the passage of this bill, effective January 1, 2026,
the Santa Ana Police Oversight Commission may now access peace officer personnel
records, conduct closed session to review confidential records, and must maintain
confidentiality of the records.
While the Commission is moving forward with the current ordinance, and current state
law eliminates the prior legal issues posed regarding confidentiality of records, staff
collectively recommends updating the ordinance and establishing an audit model.
Alternatively, based on Commission and input from some Councilmembers' desire for
investigations, staff recommends that if moving forward with a hybrid audit/investigation
model, that investigations be limited to officer involved shootings and use of force that
cause great bodily harm at the direction of the commission.
Police Oversight Commission Ordinance Work Study Session
January 26, 2026
Page 3
If the desired option is to maintain the current ordinance as is, staff recommends including
clean up language to align with the City Charter and have the Independent Oversight
Director be appointed by the City Manager, remain independent from the Police
Department, and still vetted by the City Council.
Background
On November 15, 2022, the City Council adopted an ordinance establishing a Police
Oversight Commission. The purpose of the Police Oversight Commission is to enhance
transparency, increase accountability of and public confidence in the Santa Ana Police
Department (SAPD), and provide for an 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.
July 18, 2023:
City Council received an informational report providing an update on the implementation
of the Commission, including the status of Commissioner appointments, the ongoing
recruitment process for the Independent Oversight Director, and the anticipated timeline
for convening the Commission's inaugural meeting.
October 6, 2023:
The six appointed members of the Police Oversight Commission held their first official
meeting, marking the operational launch of the Commission. Since that time, the
Commission has met regularly and its members have completed the training
requirements as outlined in the Ordinance.
April4, 2025:
Implementation of the existing ordinance revealed a conflict with the Public Safety
Officers Procedural Bill of Rights Act (California Government Code Sections 3300-3313),
prompting the need for a comprehensive review. In response, the Police Oversight Ad
Hoc Committee convened to evaluate the ordinance and recommend appropriate
amendments to ensure legal compliance and effective oversight.
July 1, 2025:
Police Oversight Director T. Jack Morse of Oppenheimer Investigations Group LLP was
appointed as the Oversight Director.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Ordinance No. NS-3029
Police Oversight Commission Ordinance Work Study Session
January 26, 2026
Page 4
Submitted By: Sylvia Vazquez, Deputy City Manager
Approved By: Alvaro Nunez, City Manager