How Independent is the Office of Independent Review?*

The Orange County Sheriff's Department reacted to the Office of Independent Review's Investigation of OCSD Use of Force Policies and Practices report by publicly and privately lobbying the OC Board of Supervisors to discount the findings of said report. Disagree wholly with the finding. Sheriff Barnes stated in his letter to the Response: Presiding Judge dated July 6, 2022, that he did not lobby the OC Board of Supervisors to discount the findings in the report. The Board received a copy of the August 21, 2021, letter from Sheriff Barnes regarding his perspective and concerns about the Review of Use of Force Policies and Practices Report by the OIR.

A prominent member of the BOS reacted to the OCSD's dispute with the findings of the Investigation of OCSD Use of Force Policies and Practices by unilaterally directing the office of the Orange County CEO to initiate a hiring freeze despite a previously budgeted OIR staff expansion. Disagree wholly with the finding. The CEO put a pause on the recruitment Response: process for the two new positions for the OIR. The Board of Supervisors, County Executive Office, and Office of Independent Review discussed general work practices of the OIR as guided by the ordinance. Once those discussions were completed, the selection interviews resumed, and two OIR staff were hired. A budgetary hiring freeze was not placed on those positions.

The hiring freeze, following so closely to the publication of the OIR report and the OCSD's objections, precipitated the viewpoint that the independence of the OIR was marginalized. Disagree wholly with the finding. A hiring freeze is a budgetary action taken Response: when necessary to address concerns with the budget. A hiring freeze was not put in place for the positions referenced. Please see response to F2. At no time did the County marginalize the OIR. The County is not aware of and therefore unable to respond to the assertion by the Grand Jury as to any alleged "viewpoint" regarding that the independence of the OIR was marginalized at any time.

Until the BOS appoints an Executive Director with sufficient staffing, OIR is limited in its ability to investigate complaints and challenges to ongoing investigations and those in the planning stages. Disagree wholly with the finding. After the resignation of Sergio Perez, the Response: Board of Supervisors initiated a recruitment for a new director and hired an interim director to ensure that the OIR can continue to investigate complaints and challenges to ongoing investigations. The County believes that the current staffing is sufficient for the workload. If the workload changes, the staffing will be reviewed at that time.