Orange County Municipal Code Art. 18 Office of Independent Review

It is the purpose and intent of the Board of Supervisors to establish an Office of Independent Review to perform the following functions:

(a) Review systemic issues involving the Orange County Sheriff-Coroner Department, Probation Department, Office of the District Attorney, Office of the Public Defender and the Social Services Agency (hereinafter "relevant County Department(s)") and serve as an independent resource and counsel for the Board in order to ensure accountability with regard to the performance and operations of relevant County Departments;

(b) Review specific incidents occurring in relevant County Departments which may identify systemic issues with regard to the performance and operations of relevant County Departments; and

(c) Provide a resource to ensure that high risk and potential liability issues are identified and addressed through corrective actions.

The Office of Independent Review shall exercise all powers vested in the Board under federal and state law that may be delegated by the Board.

(Ord. No. 08-004, § 1, 2-26-08; Ord. No. 15-022, § 1, 12-15-15)

(a) The Board of Supervisors hereby establishes the Office of Independent Review (hereinafter "OIR"), which shall initially be comprised of an Executive Director, staff attorneys and administrative support staff as the Executive Director shall recommend are necessary.

(b) The Executive Director shall be an attorney licensed to practice law in the State of California, shall have had no imposition of discipline by any State or Federal Bar, and shall have had at least three (3) years' experience in conducting oversight of law enforcement personnel and departments. The Executive Director and all staff of the OIR shall be employees of the County of Orange. The Executive Director and staff attorneys shall hold an attorney-client relationship with the County of Orange. As a result of this attorney-client relationship, the Executive Director and staff attorneys shall have the same access to confidential records as the Office of County Counsel. The terms and conditions of employment of the Executive Director and of all staff of the OIR shall be set by the Board of Supervisors.

(c) The Executive Director shall be selected by the Board of Supervisors.

(d) The OIR shall, consistent with existing state law:

(1) Provide periodic status reports on all investigations and significant matters within the purview of the OIR to the Board of Supervisors and relevant County Department heads.

(2) Solicit from, and provide regular feedback to, the Board of Supervisors regarding ongoing and completed projects of the OIR through the following mechanisms:

(i) Regular debriefing of systemic review and reform projects;

(ii) Solicitation of Board members for areas of interest for systemic audits and review; and

(iii) Regular meetings with Board members and/or designates regarding significant cases and reviews.

(3) Be authorized to provide such periodic and special reports to the public using traditional reporting and social media concerning its activities and findings as it deems proper and appropriate.

(4) Be authorized to conduct substantive systemic audits and reviews of relevant County Department functions that impact relevant County Departmental and/or employee accountability and performance.

(5) Be authorized to work with County Counsel, County Risk Management and relevant County Department heads to review incidents and/or allegations implicating significant risk and/or liability and independently participate in and review the development of corrective actions.

(6) Be authorized to review County and/or relevant County Department policies and recommend reforms consistent with evolving best practices.

(7) Be authorized to facilitate interdepartmental referrals of complaints or allegations regarding the conduct of County employees and/or systems to the relevant County Department(s).

(8) In cooperation with the Sheriff-Coroner, coordinate and enhance the presence of independent jail monitors to report to the OIR.

(9) In coordination and cooperation with relevant County Department heads, provide ongoing legal counsel and advice to relevant County Department heads concerning the initiation, structuring and development of internal inquiries and investigations into alleged performance issues and/or misconduct of employees.

(10) In coordination and cooperation with relevant County Department heads:

(i) Monitor, as necessary and appropriate, investigations arising from complaints or custodial deaths or injuries;

(ii) Respond, as necessary and appropriate, to scenes of investigations;

(iii) Have access to, and participate in, confidential meetings and proceedings in order to monitor cases in real time;

(iv) Provide advice and counsel to relevant County Department's internal review and/or internal investigative proceedings so as to ensure a thorough, unbiased, and impartial fact-finding process and consistent and appropriate conclusions; and

(v) Review and critique completed internal investigations and conclusions of internal investigations. No review or critique by the OIR of a completed internal investigation or the conclusions of an internal investigation may be used as the basis for taking punitive action against an employee.

(11) Establish and maintain liaison with the District Attorney, Sheriff-Coroner Department, Probation Department, Public Defender, Social Services Agency, County Counsel, County Executive Office, County Human Resource Services Department, employee unions, the United States Attorney, the Federal Bureau of Investigation, and community based organizations;

(12) In coordination and cooperation with the relevant County Department heads, review and analyze selected investigations to determine whether departmental policies, practices and procedures should be reexamined to prevent the future occurrence of similar allegations of misconduct, and when warranted, develop, propose and make independent recommendations as follows:

(i) Regarding the outcomes of investigations and reviews, and

(ii) For revisions of the implicated policies, practices, or procedures.

(13) Devise and recommend mechanisms to provide positive recognition and incentives to employees who perform duties in an exemplary fashion, e.g., the proper and appropriate use of force, integrity, professionalism, and other matters that frequently may be the subject of complaints;

(14) Set the operational philosophy of the OIR to ensure that the needs and goals of the Board of Supervisors, the community, and the County are met; and

(15) Create, with the Board of Supervisors and relevant County Department heads, the written protocols referenced in subsection (e)(5) of this section.

(e) The authority set out in this article shall include the investigation and review of the following:

(1) Uses of deadly force;

(2) Uses of force resulting in, or reasonably likely to result in, death or serious bodily injury;

(3) Deaths and serious bodily injuries occurring in custody;

(4) Deaths and serious bodily injuries in which the person harmed has had official contact with relevant County Departments;

(5) Any misconduct not otherwise identified within this section that the Board of Supervisors, Executive Director and the relevant County Department head(s) agree, by written protocol, should be reviewed; and

(6) Those allegations set forth in citizen or internally generated complaints which involve any of the following:

(i) Use, threat, solicitation or encouragement of unlawful, improper or excessive force;

(ii) Acts or threats of discrimination or disparate treatment or verbal slurs based on race, ethnicity, religious affiliation or belief, national origin, political affiliation, gender, disability or sexual orientation;

(iii) Sexual harassment;

(iv) The improper display or use of firearms, other weapons, or force;

(v) Falsification of government documents or reports;

(vi) Interference in, obstruction of, or improper influence over any investigation authorized by law or this ordinance in a manner that inhibits or compromises the impartial search for truth;

(vii) Making false or misleading statements in any investigation authorized by law or this ordinance;

(viii) Making false or misleading statements to relevant County Department supervisors and/or other officials;

(ix) Use of illicit drugs;

(x) Use of an official position for personal or financial gain;

(xi) Bringing, or assisting or permitting others to bring, contraband to inmates or others in custody; and/or

(xii) Criminal conduct.

(f) The OIR is not authorized to:

(1) Compel by subpoena the production of any documents or the attendance and testimony of any witnesses.

(2) Disclose any information obtained in conducting inquiries, except as provided herein or as otherwise ordered by a court of competent jurisdiction. No confidential or privileged information shall be disclosed to anyone not authorized by law to receive it.

(3) Make any written or oral report concerning any complaint to any individual or body other than to the County Board of Supervisors or the relevant County Department head, or to the public as provided for in this article. In addition, all such reports shall be made under the direction, and with the approval of, the Executive Director. No staff member shall make any reports or public comment without such prior approval.

(4) Affect the wages, hours, or working conditions of any County employee represented by a recognized employee organization, as defined under Government Code section 3501, subdivision (b).

(g) There shall be a form and log for citizen complaints as set forth herein.

(1) The complaint form for employees shall be substantially similar to that in use by relevant County Departments.

(2) The Executive Director or his or her designee shall keep a log of the name, address, and telephone number of the complainant as well as a copy of the complaint referred to relevant County Department heads for their review.

(3) Such log as described in subsection (g)(2) of this section shall be considered a confidential record, and shall not be disclosable or discoverable except as specifically authorized by law.

(h) In the event that the County of Orange, either administratively or by ordinance, establishes a protocol or mechanism for mediating certain citizen, peace officer, or peace officer supervisor complaints, and if the Executive Director of the OIR, in his or her absolute discretion, determines that such complaints do not warrant exercise of the authority set forth in this article, the Executive Director may refer such complaint or complaints to the body selected by the County of Orange to provide such mediation.

(Ord. No. 08-004, § 1, 2-26-08; Ord. No. 15-022, § 2, 12-15-15)