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AB 847 will give Santa Ana oversight commission access to officer personnel records in closed session, staff says

Police Oversight Commission · December 12, 2025
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Summary

Staff told the commission AB 847 (signed Oct. 6) becomes effective Jan. 1 and clarifies that civilian oversight bodies can access confidential peace-officer personnel records for review in closed session while maintaining confidentiality; staff scheduled a Jan. 8 closed session to review eight complaints that fall under commission authority.

Police Oversight Director Jack Morris briefed the Santa Ana Police Oversight Commission Dec. 11 on Assembly Bill 847, which he said Governor Newsom signed Oct. 6 and which the commission was told becomes effective on Jan. 1. Morris told commissioners the law clarifies and expands oversight access to confidential peace officer personnel records for civilian oversight bodies while preserving confidentiality and requiring review in closed session.

"AB 847 should resolve that issue" Morris said, describing past conflicts in other jurisdictions in which law enforcement agencies resisted subpoenas for personnel records. Morris said the bill places civilian oversight commissions on similar footing to district attorneys, the attorney general and POST for access to records but does not make the records public.

Morris reviewed how the commission's complaint process will operate under the new law. He said the commission had received 33 complaints in 2025 to date; 22 clearly involve the Santa Ana Police Department, 10 involve other agencies (for example, Orange County Sheriff or Tustin PD), and one complaint was unclear. Of the 22 complaints involving SAPD, Morris said eight allege conduct that falls within the commission's ordinance parameters and will be scheduled for closed-session discussion on Jan. 8; notices will be provided to officers, counsel and complainants in accordance with the ordinance (10 days' notice noted).

Commissioners asked whether body-worn camera (BWC) footage would be available for review. Morris said routine BWC footage is not part of a personnel file but if footage becomes relevant to an investigation it will be associated with the investigation and become part of the personnel record, making it available for closed-session review for complaints within the commission's authority. He also told commissioners that Internal Affairs conducts parallel investigations and the commission can request additional materials (for example, BWC) before directing the director to investigate further.

Morris said he will forward the eight qualifying complaints via commissioners' city email addresses once AB 847 is in effect, and that the commission may direct him at the closed session to investigate further or take no action. He said the city manager's office and IA will continue their roles in the investigative process and that the commission will not make confidential files public; staff can provide sanitized statistical reports for transparency.

No formal action was taken on AB 847 at the meeting; staff scheduled a closed session to begin reviewing qualifying complaints in January.