City Manager’s Office
www.santa-ana.org/cm
Item # 15
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
July 15, 2025
TOPIC: Police Oversight Commission Ordinance Amendment
AGENDA TITLE
Ordinance Amending Article IV to Chapter 2 of the Santa Ana Municipal Code Police Oversight Commission to Align with State Law, Enhance Transparency, and Improve Operational Efficiency and Best Practices in Law Enforcement Accountability
RECOMMENDED ACTION
Conduct a first reading of an ordinance amending Article IV to Chapter 2 of the Santa Ana Municipal Code Police Oversight Commission to align with state law, enhance transparency, and improve operational efficiency and best practices in law enforcement accountability.
ORDINANCE NO. NS-XXXX entitled 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
DISCUSSION
City Council established the Police Oversight Commission to serve as an independent body that reviews and analyzes critical issues related to policing practices. As the Commission has become operational, the City has identified areas within the ordinance that require changes to strengthen the Commission’s structure, comply with state legal requirements, and support a more effective and transparent oversight process.
The proposed amendments are the result of 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 Tem Vazquez, and Councilmember Bacerra.
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,
Ordinance Amending Article IV to Chapter 2 of the Santa Ana Municipal Code Police Oversight Commission.
July 1, 2025
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0 and recommendations on police practices, police misconduct, officer involved shootings, and other serious uses of force.
July 18, 2023
The 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.
April 4, 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.
The proposed ordinance amendments address the following key areas:
Alignment with State Law:
Recommended language changes were made to ensure the Ordinance complies with state laws regarding police transparency, personnel records, confidentiality, and civilian oversight. Exhibit 2 provides the relevant federal and state laws, including provisions from the Government Code 3300-3313, Penal Codes 832.5, 832.7, 832.8, and Evidence Code 1040-1047, which are referenced in the ordinance.
Clarification of Roles and Responsibilities:
Recommended language updates clarify the distinct roles and responsibilities of the Police Oversight Commission, City staff, and the Santa Ana Police Department’s Internal Affairs Division. These changes are intended to prevent duplication of efforts and promote consistent procedures in compliance with state law.
Santa Ana operates under a City Manager form of government, as established by the City Charter. The original language of the ordinance granted the Independent Police Oversight Director authority that conflicted with the City Manager's administrative oversight responsibilities and has been revised. The amended language now affirms the Ordinance Amending Article IV to Chapter 2 of the Santa Ana Municipal Code Police Oversight Commission.
July 1, 2025
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0 Oversight Director’s advisory and independent role, while maintaining alignment with the City Manager’s executive authority as defined by the Charter.
Complaint Review Process:
Language has been revised to define the scope of the Commission’s authority in reviewing complaints, particularly in cases involving ongoing investigations, confidentiality protections, or legal restrictions, in compliance with state law.
Training and Orientation Requirements:
The amendments include expanded classroom and hands-on training for commissioners covering key areas of police operations, such as Patrol, Investigations, K9, SWAT, Training, Communications, and other core functions. This change was recommended by the Ad Hoc Committee, which identified a need to ensure that commissioners have a solid understanding of SAPD practices in order to effectively provide the necessary oversight of police policies and provide educated recommendations with an improved understanding.
Confidentiality Provisions:
Enhancements to the confidentiality section are included to safeguard sensitive information while maintaining the Commission’s transparency objectives within legal limits, in adherence with state law parameters, and Public Safety Officers Procedural Bill of Rights Act, further enhancing the City’s capabilities to sustain any possible legal challenges.
Next Steps
If the first reading of the ordinance is approved, the ordinance will return for a second reading and adoption at the July 15, 2025 City Council meeting. If approved, the ordinance will become effective 30 days thereafter.
FISCAL IMPACT
There is no fiscal impact associated with this action.
EXHIBIT(S)
1. Ordinance (redline for first reading)
2. Government Code 3300-3313, Penal Codes 832.5, 832.7, 832.8, and Evidence Code 1040-1047
Submitted By: Sylvia Vazquez, Deputy City Manager
Approved By: Alvaro Nuñez, City Manager