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HomeMy WebLinkAboutRed-Lined Police Oversight Commission Ordinance Amendments 6-24-25 for 7-1-25 CC Meeting Ordinance No. NS-XXX Page 1 of 14 ORDINANCE NO. NS-XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 2-660-2-669 OF CHAPTER 2 (ADMINISTRATION), ARTICLE IV, DIVISION 16 OF THE SANTA ANA MUNICIPAL CODE ESTABLISHING A POLICE OVERSIGHT COMMISSION THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. 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 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. B. On 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. C. The subsequent implementation of the existing ordinance revealed operational and procedural challenges prompting the need for a comprehensive review of the Ordinance. In response, the Police Oversight Ad Hoc Committee convened to evaluate the current Ordinance and consider amendments. D. The proposed amendments reflect collaboration from the Ad Hoc Committee, legal counsel, City staff, and personnel from the Santa Ana Police Depa rtment. E. The objective of these amendments to the existing Police Oversight Commission Ordinance is to enhance transparency and consistency of the Ordinance, strengthen the Commission’s operational effectiveness and ensure full compliance with applicable state laws. Section 2. The City Council finds and determines that this ordinance is not subject to the California Environmental Quality Act (CEQA). Pursuant to CEQA and Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines , the adoption of this Ordinance is exempt from CEQA review because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, as there is no possibility it will Ordinance No. NS-XXX Page 2 of 14 have a significant effect on the environment and it is not a "project", as defined in Section 15378 of the CEQA Guidelines. Section 3. The Santa Ana City Council hereby amends Section s 2-660-2-669 of Chapter2, Article IV, Division 16 of the Santa Ana Municipal Code as follows (new language is underlined and deleted language is stricken): 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 Independenta Police Oversight Director. The purpose of the Commission is to act through the IndependentPolice Oversight Director, independent of the police department, to provide the Chief of Police,City Council, and City Manager, and City Council independent investigationsa review of, analysis, and recommendations on police practices, police misconduct, officer-involved shootings, and other serious uses of force. 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.City Council, who meet the qualifications set forth in Section 2-662 of this ordinance. The city councilCity Council shall strive to appoint members who are fair and impartial, and who represent diverse social, economic, and politicalcommunity interests. The city councilCity 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 applicantsCommissioners 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 City Clerk of the Council shall prepare application forms requiring applicantsprospective members to provide information demonstrating that they meet qualification requirements set forth in Section 2-662. 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 one former or retired peace officer, who is appointed first in time, may serve on the Commission at any given time. "Peace Ordinance No. NS-XXX Page 3 of 14 officer" as used herein shall have the same meaning and definition as set forth in California Penal Code sectionSection 830 et seq. (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. ( e) The appointment, removal, vacancies and term of Commissioners shall comply with SAMC 2-326. 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. Failure to comply with the terms of the confidentiality agreement shall result in removal from the Commission and/or other legal consequences in a Commissioner’s individual capacity, including but not limited to criminal and/or civil penalties. Removal of a Commissioner shall comply with SAMC Section 2-326. (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 affairsInternal 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 IndependentPolice Oversight Director. 2. All training shall Training should be predominantly obtained from independentSanta Ana Police Department personnel, third-party bodies or institutions that have experience with internal affairs ofInternal Affairs investigations within police departments and civilian review investigations and audits. 3.(2) 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 3 300 et seq., 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. Ordinance No. NS-XXX Page 4 of 14 (c) Members of the Commission, may, but are not required to, participate in (3) Participate in a ride-along with the Santa Ana Police Department. The Chief of Police shall facilitate a ride-along consisting of a minimum of 8 hours of field- based patrol operations. Current Commissioners shall participate in this ride- along within 90-days from the effective date of this ordinance. ( (c) Members of the Commission are required to attend and complete at minimum the following Santa Ana Police Academy Program courses: Communications, Patrol Operations, Santa Ana Jail, Crime Scene Investigations, Investigations/Internal Affairs, Air Support/Traffic Stops/Motor Officers/Directed Patrol, Use of Force, Homicide/Gangs/SWAT, within 18 months of appointment and/or the first avail able offering of the Program. Current Commissioners shall participate in this Community Academy within 18 months from the effective date of this ordinance. These classes are subject to change at the discretion of the City Manager. (d) Failure to comply with subsections (b) and (c) shall result in the member’s removal from the Commission by the appointing Council Member. Sec. 2-664. Meetings. The Commission shall hold its first meeting when there are a sufficient numbermeet the second Thursday of appointed each month with a majority of Commissioners to constitute a quorum. At such meeting, the Commission shall fix starting at 5pm at a location designated by the time and place of regularly scheduled meetings which shall not meet less than once each monthCity Manager. 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. ( If a Commissioner wishes to propose an item for placement on a future Meeting Agenda, the Commissioner shall prepare a written memorandum describing the proposed item and, after consulting with the Police Oversight Director and the City Manager, submit it to the City Manager. The memorandum shall be included for consideration at a regular meeting as a Commissioner requested item. The Commission may, by a majority vote of its members present, direct that the proposed item be added to the agenda for a future meeting. The City Manager or their designee also has the discretion for placing items on the Meeting Agenda. Sec. 2-665. Powers and duties of the police oversight commissionPolice Oversight Commission. To effectuate its purpose, the Commission shall: (a) Review, evaluate and make recommendations to the Chief of Police and City CouncilManager 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 or designee shall submit a response to the Commission. If the Commission is dissatisfied with the response, the Ordinance No. NS-XXX Page 5 of 14 Commission may submit its recommendations to the City Council. The City Manager may extend for an additional thirty (30) days the time periodsperiod 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: (1) Tort Claims; (2) Lawsuits; (3) Complaints made against on-duty Santa Ana Police Officers which allege Santa Ana Police Officers have engaged in the following conduct: (1) only when the Internal Affairs Investigation is completed and the complaint alleges: (i) 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) (ii) uses of force that result in great bodily injury of a person; (4) (4) Complaints made against Santa Ana Police Officers only when the Internal Affairs Investigation is completed with sustained findings for the following conduct: (i) prejudice or discrimination involving a protected class; (5) (ii) dishonesty; (6) (iii) sexual assault; (7) (iv) unlawful arrest or unlawful search; (8) (v) unreasonable or excessive force; (9) or (vi) failure to intervene against another officer using force that is clearly unreasonable/excessive; or. (10(c) Receive, hear, and review the following two categories: (1) In-custody deaths; (2) unlawful activities/conduct that interferes with First Amendment assemblies. (c) All complaints to(d) Allegations of misconduct not specifically enumerated in subparagraphs (b) and (c) shall not be heard or reviewed by the Commission must be, but shall be forwarded to the Chief of Police or designee within five (5) days of receipt by the Commission. (e) Review complaints submitted in writing on forms supplied by the Department or, the Commission, or submitted to the online portal. Anonymous complaints will be accepted. However, anonymity may limit the ability to thoroughly investigate and address the complaint. The Commission will not be authorized to retroactively conductCommission’s authority to review previously completed investigations of complaints.will comply with Penal Code Sections 832.5, 832.7 and 832.8. Ordinance No. NS-XXX Page 6 of 14 (1) A copy of each complaint, tort claim, and/or lawsuit that alleges misconduct as set forth in sectionSection 2-665(b), regardless of where or how it is filed or) and (c) submitted to the Commission, shall immediately be forwarded to the members of the Commission, the IndependentPolice Oversight Director, the City Manager, and the Chief of Police. (2) No complaint shall be accepted, or reviewed, or investigated by the Commission or the IndependentPolice 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 IndependentPolice 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 and shall be deemed confidential. (df) Receive and discuss reports from the IndependentPolice Oversight Director on all incidents involving the following types of alleged misconduct by Santa Ana Police Officers: only when the complaint alleges: (1) officer 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 Uses of force that result in great bodily injury of a person;. (4) (3) Complaints made against Santa Ana Police Officers only when the Internal Affairs Investigation is completed with sustained findings for the following conduct: (i) prejudice or discrimination involving a protected class; (5) (ii) dishonesty; (6) (iii) sexual assault; (7) (iv) unlawful arrest or unlawful search; (8) (v) unreasonable or excessive force; (9) or (vi) failure to intervene against another officer using force that is clearly unreasonable/excessive; or. (10) (4) In-custody deaths and unlawful activities/conduct that interferes with First Amendment assemblies. (eg) Direct the IndependentPolice Oversight Director to independently review and investigate, analyze and make recommendations regarding citizen complaints, tort claims, or lawsuits alleging the types of police misconduct as identified in sectionSection 2-665(b) or when the City Council provides authorizationand (c), unless there is pending Internal Affairs investigation at which time the Commission may, in Closed Session, review those misconduct complaints Ordinance No. NS-XXX Page 7 of 14 when the Internal Affairs investigation is completed pursuant to Santa Ana City Charter Section 1100 subject to the restrictions set forth in Government Code Section 3300 et 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 h) Authorize the Police Oversight Director shall review and investigate timely filed/submitted complaints as soon as possible. Pursuant to Santa Ana City Charter audit completed Internal Affairs files involving misconduct for the categories outlined in 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 2-665(b) and (c). The Police Oversight Director shall submit aaudit findings to the City Manager within thirty (30) days who will then provide it to the Commission within thirty (30) days. (i) Advise the Mayor, City Council, City Manager and Police Chief on community relation issues involving the Police Department. (j) Prepare and submit an annual report with findings to the City Council concerning the Commission's activities, 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 et seq., California . The annual report shall align with 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 and must comply with all federal, state and local laws, including, but not limited to, Government Code Section 3303, et seq., 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, Ordinance No. NS-XXX Page 8 of 14 and theSanta Ana 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) 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. (j) 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 ; and include, at a minimum, the following: (1) The number of investigations initiatedInternal Affairs investigation reviews conducted during the annual reporting period and data summarizing the nature of the alleged or actual underlying conduct; (2) The number of investigations concludedInternal Affairs investigation reviews conducted during the reporting period, and, of those investigationsreviews, the number that took more than six (6) months to conclude and data summarizing the nature of the alleged or actual underlying conduct; (3) The number of Internal Affairs investigations pending as of the end of the reporting period and data summarizing the nature of the alleged or actual underlying conduct; (4) 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; Ordinance No. NS-XXX Page 9 of 14 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;; (5) 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, programs, and training, as well as the appropriate party's response to such reports or recommendations. (l) 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, et seq., 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(k) 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.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. Sec. 2-666. Appointment and role of an independent oversight director. (a) The City Council does hereby authorize the appointment of an Independent Police Oversight Director, pursuant to City Charter Section 1100 and in accordance with this Section 1100. (a) The City Manager shall appoint the IndependentPolice Oversight Director. subject to confirmation by the City Council. The IndependentPolice Oversight Director mayshall be engaged through a professional services agreement or may be hired as an exempt at-will City employee who willand shall serve at the will and pleasure of the City Council and will be subject to removal by majority vote of the City Council. Manager. (b) In addition to regular staff support provided to the Commission, the Independent(b) The Police 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; Ordinance No. NS-XXX Page 10 of 14 (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) 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(c) The Police Oversight Director shall review and refer to the Chief of Police or its designee timely filed/submitted complaints for the Chief of Police to review and initiate an Internal Affairs investigation. In the event there is a pending Internal Affairs Investigation of police misconduct for the categories outlined in Section 2-665(b) and (c), the Internal Affairs investigation shall take priority pursuant to Government Code Section 3304(d)(1) [within one year of the public agency’s discovery by a person authorized to initiate an investigation of the allegation of an act, omission, or other misconduct.] Prior to the final determination by the C hief of Police, the Internal Affairs investigation shall be forwarded to the Police Oversight Director for review, analysis and recommendation to the Commission. Within 45 calendar days from the receipt and at the conclusion of the review by the Commission, the Police Oversight Director shall submit a report with the Commission’s recommendations to the Chief of Police. The Chief of Police shall make best efforts to wait for recommendation(s) from the Commission prior to rendering a final decision, unless doing so would compromise the statute of limitations as set forth in Government Code 3304(d). (d) No review of completed Internal Affairs 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, et seq., 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. Ordinance No. NS-XXX Page 11 of 14 (de) The IndependentPolice Oversight Director shall conduct all audits and investigationsreviews in a fair, objective, impartial, and ethical manner, and shall comply with the Public Safety Officers Procedural Bill of Rights (Government Code Section 3300, et seq.) in interviewing police officers..). The IndependentPolice Oversight Director shall prepare a written report of each reviewed 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 recordrecords of the investigationinvestigations for the categories of specified conduct outlined in Section 2-665(b) and (c) shall be posted on the publicCity’s website for the Commission within thirty (30) days. All disclosures. Disclosures of investigations conductedreviewed by the IndependentPolice 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 IndependentPolice Oversight Director may discuss findingsconclusions 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, et seq. (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. Sec. 2-667. Budget and support for commission and oversight director. The City Manager shall make a recommendation to the city councilCity 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 IndependentPolice Oversight Director to carry out the duties and exercise the powers set forth in this Division. Sec. 2-668 Access to police department records, data and reports. To effectuate meaningful oversight and accountability, the Commission and the IndependentPolice Oversight Director shall have complete and prompt access to all relevant 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 incidentcategories of oversight as set forth in Section 2-665(b) and (c), to assist the Commission and the IndependentPolice 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 Codebut not limited to, Government Code Section 3303, et seq., Penal Code Sections Ordinance No. NS-XXX Page 12 of 14 832.5, 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, Santa Ana Police Department's policies and procedures, and the Public Safety Officers Procedural Bill of Rights (Government Code Section 3300, et seq.). The Police Department shall designate staff who will timely receive and process requests for records made by the Commission and/or the IndependentPolice 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 IndependentPolice Oversight Director. Any information that is confidential and prohibited from disclosure shall be redacted . Sec. 2-669. Rules and records. The for Conducting Commission shall, in consultationBusiness. The City Manager will consult with the IndependentPolice Oversight Director and the City Manager, to develop rules for the transaction of business of theconducting 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 a d hoc and standing subcommittees. Said subcommittees may be formed to work on various topics within the scope of police activities. business. The city councilCity Manager shall adopt the rules for the transaction of business of the Commission. The Commission shall also keep records ofmaintain its resolutions, rules, transactions, motions, orders, findings, and recommendations and determinations. Except , except for those items made confidential by California Penal Code Sections 832.5, 832.7 and 832.8, Evidence Code Sections 1043-1046 or by any other applicable privileges under the law, the records. The resolutions, rules, transactions, motions, and recommendations 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. Any information contained therein that is confidential and prohibited from disclosure under any other applicable law shall be redacted. 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. Secs. 2-671—2-699 Reserved. Ordinance No. NS-XXX Page 13 of 14 Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 5. This ordinance shall become effective thirty (30) days after its adoption. Section 6. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this _______ day of ___________, 2025. _________________________ Valeria Amezcua Mayor APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By: _________________________ Jonathan Martinez Assistant City Attorney AYES: Councilmembers: _________________________________ NOES: Councilmembers: _________________________________ ABSTAIN: Councilmembers: _________________________________ NOT PRESENT: Councilmembers: _________________________________ Ordinance No. NS-XXX Page 14 of 14 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ______________, City Clerk, do hereby attest to and certify that the attached Ordinance No. NS-______ to be the original ordinance adopted by the City Council of the City of Santa Ana on _____________________, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: ______________________ ________________________________ City Clerk City of Santa Ana