HomeMy WebLinkAbout13A - COUNCIL COMMITTEE RPT - PUBLIC SAFETYSANTA ANA CITY COUNCIL COMMITTEE
PUBLIC SAFETY
Minutes of Special Meeting (Working Session)
August 10, 2011
CALL TO ORDER
The meeting was convened at 6:15 P.M. at Santa Ana Police Department, 60 Civic Center Plaza, Police
Community Room, Santa Ana, California.
ATTENDANCE
Council members present: Claudia Alvarez, David Benavides, and Sal Tinajero.
Staff present: Police Chief Paul Walters, Fire Chief Dave Thomas, Assistant City Attorney Teresa Judd,
Deputy Chief Carlos Rojas, Commander Ken Gominsky, Commander Doug McGeachy, and Loretta
Tafoya, Recording Secretary.
Public sign-ins: Irma Macias, Gustavo Garcia, Albert Castillo, Kerry Gallahgher, Lucero Chavez, Theresa
Dang, Cristy Burton, Miguel Hernandez, Ramona Espinoza, Jose Espinoza, Jose Espinoza, Paty
Modueno, Guadalupe Perez, Josefina Duarte, Alma Segous, Maria Rosa Lopez, Maria Jacinto, Francisco
Bravo, Oscar Sanchez, Aracel, Cazales, Silvia Hernandez, Carl Benninger, Francisco Barragan, Debbie
Phares, Mondragon Miguel, Yadira, Lucero, Hermelindo Saldana
SUMMARY OF DISCUSSIONS
APPROVAL OF MINUTES
Minutes approved of the July 26, 2011 meeting.
2. IMPOUND POLICY UPDATE
Committee member Alvarez introduced the activists from OC congregation Community
Organization and OC May Day Coalition that represented the community on the revised impound
policy. Miguel Hernandez, Lucio Chavez, Paty Madueno, Scott Sink, and Teresa Dang.
Deputy Chief Rojas reviewed the comprehensive policy that balances statutory law, individual
rights, case law and public safety.
• Recommendation #1 - Officer allows at least 25 minutes to contact another licensed
driver. Deputy Chief Rojas stated the proposed policy will mandate officers to consider
waiting a reasonable amount of time for a licensed driver to respond. Council members
also stated the 25 minutes seemed like a reasonable time. The city activists wanted to
keep "25 minutes" in the policy. Assistant City Attorney Teresa Judd suggested leaving
the wording "reasonable" due to legal issues.
Recommendation #2 - Officer to allow a licensed driver who is on the scene to drive the
car. DC Rojas stated the proposed policy will allow for a licensed driver to take the
vehicle under specific circumstances.
Recommendation #3 - Have the driver sign a liability waiver in order to eliminate the
requirement for officers to consider towing a vehicle due to high crime area. DC Rojas
stated this recommendation will not be included. This will open the officer, police
department and the city to potential liability.
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Recommendation #4 - Up to 24 hour storage for a vehicle that has never been
impounded. Thirty day impoundment for a vehicle that has been impounded two or more
time in the last six months. The proposed policy says up to 30 day vehicle impounds will
be authorized when it is determined the driver is the legal/registered owner or if the
legal/registered owner knew or should have known the driver had license status issues.
In most cases, other vehicles will not be impounded utilizing the up-to 30 day model. If a
vehicle is impounded for 30 days, the owner will have an opportunity for a post storage
hearing to have the vehicle released. In an effort to increase citizen satisfaction "Post
Storage Hearing" hours will be increased to both the morning and the afternoon Monday
through Friday.
Recommendation #5 - Eliminate language regarding the "Due process clause under the
5th amendment of the U.S. constitution and case law" reference to the Post Storage
hearing. This language must remain in the policy. It is critical for the officers to know
that anytime a person is deprived of property they have a right to due process under the
U.S. Constitution. Choosing to ignore case law on any issue would create liability and
confusion for officers and the Department.
Recommendation #6 - No deputy shall leave stranded any person who would not be able
to obtain transportation in a safer manner. When necessary deputies should assist
persons in finding safe transportation. Calling parents, transporting persons to safe
place where they may arrange for transportation. This policy is already a consideration
in the policy and will be further codified.
Recommendation #7- Accept an alternate form of identification in lieu of a fingerprint
card. Current department policy states an alternate form of ID can be used and
proposed impound policy will require a fingerprint if identification is an issue. If the
person is issued a citation the court mandates a fingerprint on the citation for filing if the
driver does not have proper identification. This fingerprint will not routinely be entered
into "ANY" electronic system but may be utilized to confirm identities for court at later
times and could be used to ensure persons not responsible for illegal conduct are not
held accountable. The use of a fingerprint on the back of any citation is a standard
utilized on all out of custody arrests and citations performed by the Department. It is for
future identification purposes only. Committee Member David Benavides wants to make
sure the wording to verify the fingerprint is not passed on to any other organization.
ITEMS FOR NEXT MEETING
A. Impound Policy Update
4. NEXT MEETING DATE - Tuesday, September 27, 2011, 5:30 P.M. Santa Ana Police Facility, 60
Civic Center Plaza, Police Community Room, Santa Ana, California
ADJQU ,NMENT - 9:35 P.M.
a
PAUL M. WALTERS
Chief of Police
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